Protection of Wages Convention, 1949 (No. 95) - United Republic of Tanzania (RATIFICATION: 1962)

CMNT_TITLE

Application of the Convention in mainland Tanzania

Article 7 of the Convention. Works stores. Further to its previous comments regarding the absence of provisions on the operation of works stores in the Employment and Labour Relations Act, 2004, the Committee notes that the Government does not provide information in its report on the measures taken to ensure compliance with Article 7. It therefore requests the Government to take the necessary measures to give effect to this Article and to provide information in this regard.

Articles 8 and 10. Deductions from wages. Further to its previous comments on the need to take the necessary measures to set an overall limit to deductions from wages, the Committee notes that the Government refers to section 28 of the Employment and Labour Relations Act, 2004, which enumerates the cases of authorized deductions, but does not provide for an overall limit. The Committee is therefore bound to reiterate its requests to the Government to take the necessary measures to set an overall limit to deductions and to provide information in this regard.

Application of the Convention in Zanzibar

Article 7(2). Works stores. Further to its previous comments, the Committee notes that the Government indicates that no regulations are in place to give effect to Article 7(2) which requires that where access to stores or services other than those operated by the employer is not possible, the competent authority shall take appropriate measures in order to ensure that goods and services are sold at a fair and reasonable price and in the interest of the worker. The Committee therefore requests the Government to take the necessary measures to give effect to this provision of the Convention and to provide information in this regard.

Articles 8 and 10. Deductions from wages. Further to its previous comments on the need to take the necessary measures to set an overall limit to deductions from wages, the Committee notes that the Government refers to section 103 of the Employment Act, 2005, which enumerates the cases of authorized deductions, but does not provide for an overall limit. The Committee is therefore bound to reiterate its requests to the Government to take the necessary measures to set an overall limit to deductions and to provide information in this regard.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Application of the Convention in mainland Tanzania

Article 7 of the Convention. Works stores. The Committee notes that there are no provisions regarding the operation of works stores in the Employment and Labour Relations Act, 2004. It requests the Government to indicate what measures are in place to ensure compliance with Article 7.

Articles 8 and 10. Deductions from wages. Protection from attachments. The Committee notes that section 28 of the Employment and Labour Relations Act, 2004, which enumerates the cases of authorized deductions, does not provide for an overall limit. Recalling that Article 8 provides that there shall be a limit to the amount of authorized deductions and that Article 10(2) provides that wages shall be protected against attachment or assignment to the extent deemed necessary for the maintenance of the worker and his family, the Committee requests the Government to take the necessary measures to set an overall limit to deductions and attachments and to provide information in this respect.

Article 11. Preferential treatment of wage claims in the event of bankruptcy or judicial liquidation. Further to its previous request on this matter, the Committee notes that section 28(6) of the Employment and Labour Relations Act, 2004, establishes a privilege for wages accrued in respect of the 26 weeks immediately preceding the declaration of bankruptcy and that section 38(1) of the Bankruptcy Act establishes the order of priority among various claims.

Article 14(b). Wage statements. Further to its previous request on this matter, the Committee notes that section 13(3) of the Employment and Labour Relations (General) Regulations, 2017, prescribes the particulars which shall be contained in the wage statements to be delivered at the time of each wage payment in accordance with section 27(2) of the Employment and Labour Relations Act.

Article 15(d). Maintenance of wage records. Further to its previous request on this matter, the Committee notes that section 96 of the Employment and Labour Relations Act provides that every employer shall retain wage records for a period of five years after the termination of employment.

Application of the Convention in Zanzibar

Article 4 of the Convention. Partial payment in kind. The Committee notes that, in reply to its previous direct request, the Government indicates that no regulation for the partial payment of wages in kind has been issued pursuant to section 98(2) of the Employment Act, 2005.

Article 7(2). Works stores. The Committee notes that according to section 98(4) of the Employment Act, 2005, no employee shall be obliged to make use of any shops established by the employer for the use of his or her employees or services operated in connection with the undertaking. While this provision is in conformity with Article 7(1), the Committee recalls that Article 7(2) also requires that where access to stores or services other than those operated by the employer is not possible, the competent authority shall take appropriate measures in order to ensure that goods and services are sold at a fair and reasonable price and in the interest of the workers. The Committee therefore requests the Government to indicate what measures are in place in order to ensure compliance with this provision of the Convention.

Articles 8 and 10. Deductions from wages. Protection from attachments. In its previous comments, the Committee noted that section 103 of the Employment Act, 2005, which enumerates the cases of authorized deductions, does not provide for an overall limit. It notes that the Government indicates that limits are set in specific legislation. The Government gives the example of the limit set for deductions for the payment of social security contributions in the Zanzibar Social Security Fund Act, 2005. In this respect, the Committee recalls that in addition to setting limits for each type of deduction, it is important to establish an overall limit beyond which wages cannot be reduced, in order to protect the income of workers in the case of multiple deductions (2003 General Survey, Protection of wages, paragraph 296). The Committee requests the Government to take the necessary measures to set an overall limit to deductions and attachments and to provide information in this respect.

Articles 14 and 15(d). Keeping workers informed of wage conditions and maintenance of wage records. Further to its previous request on these matters, the Committee notes that section 100(3) of the Employment Act provides the particulars which shall be contained in the wage statements to be delivered at the time of each wage payment. It also notes the Government’s indication that no regulations have been issued pursuant to section 48(3) of the Employment Act on the form of employment records and particulars to be kept by the employer.

CMNT_TITLE

Application of the Convention in mainland Tanzania

Article 7 of the Convention. Works stores. The Committee notes that there are no provisions regarding the operation of works stores in the Employment and Labour Relations Act, 2004. It requests the Government to indicate what measures are in place to ensure compliance with Article 7.

Articles 8 and 10. Deductions from wages. Protection from attachments. The Committee notes that section 28 of the Employment and Labour Relations Act, 2004, which enumerates the cases of authorized deductions, does not provide for an overall limit. Recalling that Article 8 provides that there shall be a limit to the amount of authorized deductions and that Article 10(2) provides that wages shall be protected against attachment or assignment to the extent deemed necessary for the maintenance of the worker and his family, the Committee requests the Government to take the necessary measures to set an overall limit to deductions and attachments and to provide information in this respect.

Article 11. Preferential treatment of wage claims in the event of bankruptcy or judicial liquidation. Further to its previous request on this matter, the Committee notes that section 28(6) of the Employment and Labour Relations Act, 2004, establishes a privilege for wages accrued in respect of the 26 weeks immediately preceding the declaration of bankruptcy and that section 38(1) of the Bankruptcy Act establishes the order of priority among various claims.

Article 14(b). Wage statements. Further to its previous request on this matter, the Committee notes that section 13(3) of the Employment and Labour Relations (General) Regulations, 2017, prescribes the particulars which shall be contained in the wage statements to be delivered at the time of each wage payment in accordance with section 27(2) of the Employment and Labour Relations Act.

Article 15(d). Maintenance of wage records. Further to its previous request on this matter, the Committee notes that section 96 of the Employment and Labour Relations Act provides that every employer shall retain wage records for a period of five years after the termination of employment.

Application of the Convention in Zanzibar

Article 4 of the Convention. Partial payment in kind. The Committee notes that, in reply to its previous direct request, the Government indicates that no regulation for the partial payment of wages in kind has been issued pursuant to section 98(2) of the Employment Act, 2005.

Article 7(2). Works stores. The Committee notes that according to section 98(4) of the Employment Act, 2005, no employee shall be obliged to make use of any shops established by the employer for the use of his or her employees or services operated in connection with the undertaking. While this provision is in conformity with Article 7(1), the Committee recalls that Article 7(2) also requires that where access to stores or services other than those operated by the employer is not possible, the competent authority shall take appropriate measures in order to ensure that goods and services are sold at a fair and reasonable price and in the interest of the workers. The Committee therefore requests the Government to indicate what measures are in place in order to ensure compliance with this provision of the Convention.

Articles 8 and 10. Deductions from wages. Protection from attachments. In its previous comments, the Committee noted that section 103 of the Employment Act, 2005, which enumerates the cases of authorized deductions, does not provide for an overall limit. It notes that the Government indicates that limits are set in specific legislation. The Government gives the example of the limit set for deductions for the payment of social security contributions in the Zanzibar Social Security Fund Act, 2005. In this respect, the Committee recalls that in addition to setting limits for each type of deduction, it is important to establish an overall limit beyond which wages cannot be reduced, in order to protect the income of workers in the case of multiple deductions (2003 General Survey, Protection of wages, paragraph 296). The Committee requests the Government to take the necessary measures to set an overall limit to deductions and attachments and to provide information in this respect.

Articles 14 and 15(d). Keeping workers informed of wage conditions and maintenance of wage records. Further to its previous request on these matters, the Committee notes that section 100(3) of the Employment Act provides the particulars which shall be contained in the wage statements to be delivered at the time of each wage payment. It also notes the Government’s indication that no regulations have been issued pursuant to section 48(3) of the Employment Act on the form of employment records and particulars to be kept by the employer.

CMNT_TITLE

Application of the Convention in mainland Tanzania

Article 11 of the Convention. Preferential treatment of wage claims in the event of bankruptcy or judicial liquidation. The Committee notes that under section 28(6) of Employment and Labour Relations Act No. 6 of 2004, employees’ wage claims accrued in respect of the 26 weeks immediately preceding the declaration of the employer’s bankruptcy are privileged debts. The Committee notes, however, that under section 38(1) of Bankruptcy Act No. 9 of 1930, as amended, the wage claims to be paid in priority to all other debts are limited to the wages or salary of any clerk or labourer not exceeding 4,000 shillings in respect of services rendered to the bankrupt during the four months before the opening of bankruptcy proceedings. The Committee accordingly requests the Government to provide additional explanations on the state of national law and practice with regard to the privileged protection granted to workers’ wage claims in the event of the employer’s bankruptcy.

Articles 14 and 15(d). Keeping workers informed of wage conditions and maintenance of wage records. Further to its previous comment, the Committee notes the Government’s indication that the draft regulations referred to in section 98(2) of the Employment and Labour Relations Act, 2004 concerning the form and content of written particulars of employment to be given to employees and the keeping of books and records have been prepared and are currently before the Labour, Economic and Social Council (LESCO) for consultations. The Committee requests the Government to keep the Office informed of further developments in this regard and to transmit a copy of these regulations once they are issued.

Application of the Convention in Zanzibar

Article 4. Partial payment of wages in kind. The Committee notes that section 98(2) of Employment Act No. 11 of 2005 provides that the Minister of Labour may, after consultation with the Labour Advisory Board, by regulation authorize the partial payment of wages in the form of allowances in kind. The Committee requests the Government to specify whether such regulations have already been issued, and if so, to transmit a copy.

Article 8(1). Deductions from wages. The Committee notes that section 103 of the Employment Act, 2005, which enumerates the cases of authorized deductions, does not provide for an overall limit except for deductions to reimburse an employer for loss or damage, in which case deductions may not exceed one quarter of the employee’s remuneration. Recalling that under Article 8(1) of the Convention, deductions authorized by national laws or regulations, or fixed by collective agreements or arbitration awards, must not exceed the extent deemed necessary for the maintenance of the workers and his/her family, the Committee requests the Government to explain how effect is given to this requirement of the Convention in case of deductions from wages on multiple grounds.

Articles 14 and 15(d). Keeping workers informed of wage conditions and maintenance of wage records. The Committee notes that under section 48(3) of the Employment Act, 2005, the Labour Commissioner shall from time to time prescribe the form of employment records (including number of employees, rates of remuneration and other conditions of employment) and particulars to be kept by the employer. The Committee requests the Government to specify whether regulations on employment records have already been issued, and if so, to transmit a copy. The Committee also requests the Government to indicate the legal provisions, if any, which require that workers be informed: (i) of the wage conditions applicable to them before they enter employment and when any changes take place; and (ii) of the wage details for the period concerned at the time of each payment.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government regarding inspection results for the period 2011–12. The Committee requests the Government to continue to provide up-to-date information concerning the practical application of the Convention both in mainland Tanzania and in Zanzibar.

CMNT_TITLE

Article 11. Preferential treatment of wage claims. The Committee notes the Government’s explanation that the rationale behind the 26-week limit is nothing else than prioritizing payment of an employee’s wage. It notes, in particular, that in the course of labour inspection and labour law seminars, employers are strongly advised to this effect and that the treatment of unpaid wages as privileged debts is basically a matter of practice. The Committee would be grateful if the Government would indicate the rank of privilege granted to workers’ wage claims (e.g. absolute or relative priority vis-à-vis other privileged creditors, in particular, claims of tax authorities or of the social security system), and specify any relevant provisions of the bankruptcy legislation.

Articles 14 and 15(d). Keeping workers informed of wage conditions and maintenance of wage records. The Committee notes that the ministerial regulations referred to in section 98(2) of the Employment and Labour Relations Act, 2004 concerning the form and content of written particulars of employment to be given to employees and the keeping of books and records have been issued. The Committee would appreciate receiving a copy of these regulations.

Application of the Convention in Zanzibar. In the absence of any concrete reply on this point, the Committee is obliged to reiterate its request for detailed information on implementing legislation currently in force in Zanzibar. The Committee understands that a labour law reform has been under consideration in Zanzibar since 2005, especially with the aim of boosting employment opportunities for the local population in the tourism and banking sectors. It accordingly requests the Government to provide full particulars regarding the process of labour law reform in Zanzibar and to transmit a copy of the new labour legislation once it is adopted.

Part V of the report form. The Committee notes that the Government has not supplied any information of a practical nature on the application of the Convention for a considerable number of years. It would therefore thank the Government for providing general information on the manner in which the Convention is applied in practice, including for instance the approximate number of workers subject to the relevant legislation, extracts from labour inspection reports showing the number of wage-related offences reported and sanctions imposed, copies of any collective agreements containing clauses on pay conditions, information on any difficulties experienced with regard to the timely payment of wages in the private or public sector, etc.

CMNT_TITLE

The Committee notes the Government’s report, in particular the adoption of the new Employment and Labour Relations Act No. 6 of 2004 which repeals the Employment Ordinance (Cap. 366) in its entirety. The Committee notes with satisfaction that the new legislation is in substantial conformity with the provisions of the Convention and incorporates most of the improvements that the Office has had the opportunity to suggest in reviewing earlier drafts. For instance, the Committee notes that section 27(4) of the new legislation follows closely the requirements of Article 4 of the Convention regarding payment in kind while section 28(2) reflects the terms of Paragraph 2 of the Protection of Wages Recommendation, 1949 (No. 85), on wage deduction for loss or damage, in line with the Office comments of April 2000 and July 2003. The Committee also notes that the new Employment and Labour Relations Act prescribes in section 102(4) specific penalties for wage-related offences.

However, the Committee notes that two other aspects of the Convention do not appear to be adequately reflected in the new legislation; namely, the attachment and assignment of wages and the preferential treatment of wage claims in the event of the employer’s bankruptcy. The Committee requests, therefore, that the Government specifies the legal provisions regulating the conditions under which, and the limits within which, wages may be attached or assigned. Moreover, while noting section 28(6) of the new Employment and Labour Relations Act, 2004, which sets a 26-week limit to wage claims to be protected in the case of bankruptcy or winding up of an employer’s business, the Committee asks the Government to indicate the provision(s) explicitly recognizing workers as privileged creditors and defining the relative priority of wage claims among privileged debts. In this connection, the Committee recalls that the Government, in its report under article 19 of the ILO’s Constitution submitted for the purposes of the 2003 General Survey on the protection of wages Convention and Recommendation, had stated that workers are treated as privileged creditors as a matter of practice even in the absence of national laws or regulations on this matter. The Committee would appreciate receiving additional explanations in this respect. Finally, the Committee requests the Government to indicate whether the regulations referred to in section 98(2)(d), (f), (i) and (m) of the new Employment and Labour Relations Act, 2004, have been issued and, if so, to transmit copies of these texts.

Application of the Convention in Zanzibar. Further to its previous comments on this point, the Committee notes that under section 2(1) of the new Employment and Labour Relations Act, 2004, this Act applies to all employees, including those in the public service, in mainland Tanzania. The Committee is, therefore, obliged to reiterate its request for specific information concerning the state of law and practice in respect of wage protection in Zanzibar. The Committee recalls the Government’s earlier indication that it pursues active consultations with the Government of Zanzibar and trusts that the Government will soon be in a position to report on the concrete results of those consultations.

Part V of the report form. The Committee would be grateful if the Government would make an effort to obtain and communicate in its next report, concrete information on the effect given to the Convention in practice, both in the mainland and Zanzibar, including, for example, reports of labour inspection services, statistics on the number of inspection visits carried out and the results obtained in matters covered by the Convention, as well as any other particulars which would facilitate the Committee’s task to supervise the observance of the standards set out in the Convention.

CMNT_TITLE

The Committee notes the Government’s last report in which it indicates that the Convention continues to be given effect through the Employment Ordinance (Cap. 366) and that consequently there have been no changes in its application. The Committee understands, however, that the Government is in the process of revising its labour legislation and that the draft text of a new Employment Act was submitted to the Office for review and comments more than three years ago. The Committee expresses the hope that the new legislation incorporating the improvements suggested by the Office in April 2000 and again in July 2003 will soon be completed. It asks the Government to report on further developments in this matter and to communicate the texts of any revised labour laws as soon as they are finalized.

Application of the Convention in Zanzibar. The Committee has been requesting the Government for some time past to clarify the situation with regard to the implementing legislation applicable to Zanzibar. In its reply, the Government merely states that it pursues active consultations with the Government of Zanzibar and that reports should be expected soon. The Committee understands that a new Zanzibar Labour Act was enacted in 1997 and that following its entry into force the Labour Decree of 1946 (Chapter 61) has been repealed. Moreover, the Committee notes that the Zanzibar Labour Act, 1997 contains a few provisions, such as sections 35(1) (wage particulars in contracts of service), 48(2) (maintenance of wage records and issue of pay slips), 58 (periodicity of wage payment and wage deductions) and 80-83 (disciplinary sanctions), covering certain aspects of wage protection in pursuance of the requirements of the Convention. The Committee requests the Government to provide in its next report detailed information on the state of law and practice in Zanzibar with regard to these and other standards laid down by the Convention, including the principle of wage payment in legal tender, the conditions and limits of wage payment in kind, the direct payment of wages, the freedom of workers to dispose of their wages, the preferential treatment of wage claims in case of bankruptcy, or the prohibition of payment at certain places or outside working hours.

Part V of the report form. The Committee notes that the Government has failed in recent years to provide any information on the practical application of the Convention, particularly as regards measures to ensure compliance with the national legislation in respect of wage protection. While noting the Government’s indication that the ongoing Labour Policy and Legislation Reform is expected to make recommendations concerning the reinforcement of the labour inspection services, the Committee requests the Government to make every effort to obtain and communicate in its next report concrete information on the effect given to the Convention in practice, both in the mainland and Zanzibar, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in matters covered by the Convention, as well as any other particulars which would enable the Committee to better appreciate the progress achieved or the difficulties encountered in securing the observance of the standards embodied in the Convention.

[The Government is asked to report in detail in 2004.]

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government concerning the application of the Convention, including the reference to the efforts made by the labour inspectorate to enforce the relevant legislation. It would be grateful to the Government for continuing to provide information on the application in practice.

The Committee, however, notes that the Government does not respond to its previous request concerning the application of the Convention in Zanzibar. From the information available at the International Labour Office, the Committee notes that there have been some legislative provisions specific to Zanzibar such as the Labour Decree of 1946 (Chapter 61), which may give effect to at least some of the provisions of the Convention. It requests the Government to specify whether this Labour Decree is still in force (if so, please provide a copy of its latest version), or whether the legislation mentioned in the Government’s report (for instance, the Employment Ordinance Cap. 366) is also applicable in Zanzibar.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government concerning the application of the Convention, including the reference to the efforts made by the labour inspectorate to enforce the relevant legislation. It would be grateful to the Government for continuing to provide information on the application in practice.

The Committee, however, notes that the Government does not respond to its previous request concerning the application of the Convention in Zanzibar. From the information available at the International Labour Office, the Committee notes that there have been some legislative provisions specific to Zanzibar such as the Labour Decree of 1946 (Chapter 61), which may give effect to at least some of the provisions of the Convention. It requests the Government to specify whether this Labour Decree is still in force (if so, please provide a copy of its latest version), or whether the legislation mentioned in the Government’s report (for instance, the Employment Ordinance Cap. 366) is also applicable in Zanzibar.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes the information supplied by the Government concerning the application of the Convention, including the reference to the efforts made by the labour inspectorate to enforce the relevant legislation. It would be grateful to the Government for continuing to provide information on the application in practice.

The Committee, however, notes that the Government does not respond to its previous request concerning the application of the Convention in Zanzibar. From the information available at the International Labour Office, the Committee notes that there have been some legislative provisions specific to Zanzibar such as the Labour Decree of 1946 (Chapter 61), which may give effect to at least some of the provisions of the Convention. It requests the Government to specify whether this Labour Decree is still in force (if so, please provide a copy of its latest version), or whether the legislation mentioned in the Government’s report (for instance, the Employment Ordinance Cap. 366) is also applicable in Zanzibar.

CMNT_TITLE

The Committee notes the information supplied by the Government concerning the application of the Convention, including the reference to the efforts made by the labour inspectorate to enforce the relevant legislation. It would be grateful to the Government for continuing to provide information on the application in practice.

The Committee, however, notes that the Government does not respond to its previous request concerning the application of the Convention in Zanzibar. From the information available at the International Labour Office, the Committee notes that there have been some legislative provisions specific to Zanzibar such as the Labour Decree of 1946 (Chapter 61), which may give effect to at least some of the provisions of the Convention. It requests the Government to specify whether this Labour Decree is still in force (if so, please provide a copy of its latest version), or whether the legislation mentioned in the Government' report (for instance, the Employment Ordinance Cap. 366) is also applicable in Zanzibar.

CMNT_TITLE

The Committee notes the Government's last report in which it indicates that there have been no changes concerning the application of this Convention. Nevertheless, the report contains no information on the manner in which the Convention is applied including, for instance, extracts from official reports, information concerning the number and nature of violations that have been reported, etc., as requested in point V of the report form. Furthermore, the report appears to refer only to the application of the Convention in the Mainland (Tanganyika), but gives no information as regards Zanzibar.

The Committee therefore requests the Government to supply information on the manner in which the Convention is applied, and on how it is applied in Zanzibar, including, for instance, whether the legislation protecting wages on the Mainland (Tanganyika) is also applicable in Zanzibar.