NEC MEDICAL & ALLIED INDUSTRY UPDATE

WHAT IS AN NEC A National Employment Council (NEC) is a Statutory Body formed in accordance with the provisions of the Labour Act (28:01) of 2002, Section 59. It derives its power from statute i.e. Labour Act and other ancillary subsidiary legislation. Its duties are to provide a platform for bargaining for conditions of service, settlement of labour disputes and ensure observance of the provisions of these collective bargaining agreements.

FORMATION An NEC is formed when a registered employers association or federation of employers associations and registered trade union or federation of trade unions get together, agree on a constitution and apply to the Minister of Labour to have an employment council formed in terms of the provisions of the Labour Act. The employment council for our sector is called the NEC for Medical & Allied Industry. The parties to the NEC are Health Services Employers Association (HSEAZ) and Medical & Allied Employers Association (MAEAZ) representing the employers and The Medical Profession & Allied Workers Union (MPAWUZ) representing the workers.

WHY BE A MEMBER OF AN EMPLOYERS ASSOCIATION Membership is voluntary and every employer is entitled to membership of any registered employers organisation which represents his undertaking or industry if he is prepared to comply with its rules and conditions of membership. An NEC sets minimum guidelines on conditions of service e.g. wage minimums and hours of work in the industry. Once registered as a Collective Bargaining Agreement (CBA), these minimum conditions become statutory and will bind you at law whether you are a member of an association or not. The parties that sit to negotiate these minimum conditions are employers associations and the unions. The only way to make your voice heard and make meaningful contributions to these negotiations is by being a member of an association.

CHALLENGES Why are there two employers associations? In 2013 a large number of employers felt that their interests were not being fairly represented by the MAEAZ. After extensive consultations, a decision was made to form another employers association. This was done and HSEAZ was duly registered in October 2014. Are they all represented on the NEC board? The HSEAZ applied for membership in 2014 and only got two members selected six months later this year in June. What are the most recent developments on these matters? The HSEAZ has raised several issues that need to be addressed at the NEC including allegations of misappropriation of funds; equal representation on the NEC board for the employers associations against the domination of MAEAZ and fresh negotiations on a comprehensive CBA Applications have been made to the Registrar of Labour to arbitrate on these issues

CONTACT DETAILS For HSEAZ please contact Mr. Josephy Chitombo Secretary General Flat 18 Cherlynn Court Telephone: 0772 243 742 or 04 251180-90 For MAEAZ please contact Mr. Piniel Manatsa Administrator Telephone: 0773 011 562

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