Paid Educational Leave Convention, 1974 (No. 140) - United Republic of Tanzania (RATIFICATION: 1983)

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Articles 2 to 6 of the Convention. Granting of paid educational leave.Participation of the social partners and other stakeholders. The Committee notes the Government’s indication that, in accordance with the Public Service Management and Employment Policy of 2008 (Part 4(8)), the Training Policy in Public Service of 2013, and the Public Service Regulations of 2003 (section 103), all public service organizations are responsible for the training and development of their staff. To implement this obligation, employers shall develop training plans based on the skills requirements identified in their human resource plans. The Government indicates that paid education leave is granted to those employees attending the training courses envisaged in the training plans. Public institutions are required to submit their training plans every financial year to the President’s Office-Public Service Management. Moreover, the Government indicates generally that employers in the private sector are required to develop employment policies covering matters related to workers’ training. With regard to paid educational leave for trade union education (Article 2(c)), the Government refers to section 63(a) of the Employment and Labour Relations Act, 2019, which establishes the right of trade union representatives to attend training courses relevant to their functions. The Government also refers to section H.14 (2) of the Standing Orders for Public Service of 2009, which provides that public servants selected to attend conferences, seminars or other activities sponsored by a trade union may, subject to the exigencies of the service, be granted leave of absence for such participation. Their absence shall be regarded as travelling on duty and they shall be entitled for their usual transport privileges and subsistence allowance. Lastly, the Committee notes that the Government indicates that key stakeholders participate in the formulation and implementation of the training policy, including workers’ and employers’ organizations, public service organizations, training providers, accredited institutions, and professional associations. The Government adds that their respective roles and responsibilities in the implementation of the policy are established in the part related to the institutional framework of the policy. The Committee requests the Government to continue providing detailed updated information on the formulation and application of policies and measures to promote, in collaboration with the social partners, the granting of paid educational leave for the specific objectives set out in Article 2 of the Convention. In particular, it requests the Government to provide examples of the training plans that employersin both the public and private sectors are required to develop and its impact on the promotion of paid educational leave. Noting that the Government does not provide information on the manner in which the paid educational leave policy is coordinated with general policies on employment, education and training, and hours of work, the Committee reiterates its requests in this regard. The Committee further requests the Government to provide updated statistical data, disaggregated by sex, on workers who have benefited from paid educational leave for all levels of vocational training as well as for general, social or civic education, and trade union education, both in the public and private sector.

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examines the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 2–5 of the Convention. Granting of paid educational leave. The Committee notes the Government’s indication that Section G of the Standing Orders for the Public Service (2009) outlines the Policy for paid educational leave in public sector. The Government indicates that section G.7(2)(b) of the Standing Orders stipulates that a public servant selected to attend an in-service course shall be granted leave with pay while pursuing a course in a higher learning institution which is in the employers’ Training Programme. In this respect, the public employee’s salary will continue to be paid by the respective Ministry for the duration of the course. The Government further indicates that employees may be granted permission to attend longer-term programmes which are not in the approved Training Plan without pay, provided that the course in question is aligned with the employee’s career development. Moreover, the employee must have completed at least two years of service. The Committee notes that employees may also be given a special leave of absence with pay while attending other courses that are not offered by higher learning institutions. Noting that section G.2 of the Standing Orders for the Public Service (2009) stipulates that the President’s Office, Public Service Management shall be responsible for developing training policy for public service and issuing training directives, the Committee invites the Government to provide detailed and updated information on the formulation and application, in collaboration with the social partners, of policies and measures to encourage the granting of paid educational leave for the purpose of vocational training at any level, as well as for general, social and civic education and trade union education, both in the public and private sectors. The Committee further requests the Government to provide information regarding the manner in which the paid educational leave policy is coordinated with general policies on employment, education and training, and hours of work, as required under Article 4 of the Convention. It also once again invites the Government to provide any reports, studies, surveys or statistical data enabling the Committee to assess the extent to which the Convention is applied in practice (Part V of the report form).

Article 6 of the Convention. Participation of the social partners and other stakeholders. The Committee reiterates its request that the Government provide information on the measures taken or envisaged to ensure that the public authorities, the social partners and institutions or bodies providing education and training are associated with the formulation and application of the policy for the promotion of paid educational leave.

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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.

Repetition

Articles 2–5 of the Convention. Granting of paid educational leave. The Committee notes the Government’s indication in its brief report that apprenticeships have been introduced through the National Employment Policy, in collaboration with stakeholders, with the objective of reducing skills gaps. It also notes the Government’s indication that the policy consists of a dual system emphasizing training at workplaces in addition to traditional institution-based learning. The Committee will address the information provided in its comments to the Government under the Human Resources Development Convention, 1975 (No. 142), as the apprenticeship programme does not constitute paid educational leave within the meaning of Convention No. 140. Noting that the Government has not provided information in response to its previous comments, the Committee reiterates its request that the Government provide information on the manner in which measures taken under the National Employment Policy contribute to the achievement of the objectives set out in Article 3 of the Convention, and the manner in which these are coordinated with the general policies on employment, education and training, and hours of work enumerated in Article 4. It also once again invites the Government to provide any reports, studies, surveys or statistical data enabling the Committee to assess the extent to which the Convention is applied in practice (Part V of the report form).

Article 6 of the Convention. Participation of the social partners and other stakeholders. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the public authorities, the social partners and institutions or bodies providing education and training are associated with the formulation and application of the policy for the promotion of paid educational leave.

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Articles 2–5 of the Convention. Granting of paid educational leave. The Committee notes the Government’s indication in its brief report that apprenticeships have been introduced through the National Employment Policy, in collaboration with stakeholders, with the objective of reducing skills gaps. It also notes the Government’s indication that the policy consists of a dual system emphasizing training at workplaces in addition to traditional institution-based learning. The Committee will address the information provided in its comments to the Government under the Human Resources Development Convention, 1975 (No. 142), as the apprenticeship programme does not constitute paid educational leave within the meaning of Convention No. 140. Noting that the Government has not provided information in response to its previous comments, the Committee reiterates its request that the Government provide information on the manner in which measures taken under the National Employment Policy contribute to the achievement of the objectives set out in Article 3 of the Convention, and the manner in which these are coordinated with the general policies on employment, education and training, and hours of work enumerated in Article 4. It also once again invites the Government to provide any reports, studies, surveys or statistical data enabling the Committee to assess the extent to which the Convention is applied in practice (Part V of the report form).

Article 6 of the Convention. Participation of the social partners and other stakeholders. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the public authorities, the social partners and institutions or bodies providing education and training are associated with the formulation and application of the policy for the promotion of paid educational leave.

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Granting of paid educational leave to all workers. The Committee notes the Government’s report received in August 2013 in which it indicates that two specific measures have been taken, within the framework of the National Employment Policy 2008, to contribute to the attainment of the objectives set out in Article 3 of the Convention. The first measure is the adoption in 2010 of the Second National Strategy for Growth and Reduction of Poverty 2014–15 which ensures the expansion of quality technical and vocational education and training, higher education, adult, non-formal and continuing education. The second measure is the development of the Adult and Non-Formal Education Development Plan 2012/13–2016/17, which aims to ensure that out-of-school children, illiterate youth and adults obtain quality education, create a lifelong learning society and improve people’s livelihood. The Government indicates that enrolment of students in all continuing education programmes has increased. The Committee notes that enrolment in open and distance learning at secondary level has increased from 5,767 in 2004 to 64,338 in 2011 and that most of the students were females. Moreover, the Committee notes that, in 2011–12, a total of 5,269 workers from various sectors were sensitized on labour laws with particular reference to employment standards, fundamental principles and protection and collective bargaining. The Committee invites the Government to provide further information in its next report on the measures taken within the framework of the National Employment Policy to contribute to the achievement of the objectives set out in Article 3 of the Convention, and coordinated with the general policies enumerated in Article 4. It also invites the Government to provide any reports, studies, surveys or statistical data allowing the Committee to assess the extent to which the Convention is applied in practice (Part V of the report form).

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Granting of paid educational leave to all workers. The Committee notes the Government’s report received in September 2009 in reply to its 2004 observation. In its previous comments, the Committee had asked the Government to provide information on the measures taken, within the framework of a national policy on paid educational leave for workers in all sectors of the economy, to contribute, in association with employers’ and workers’ organizations and institutions, to the achievement of the objectives set out in Article 3 of the Convention, as well as on their coordination with the general policies enumerated in Article 4. In its report, the Government refers to the adoption of the National Employment Policy 2008, which sets out objectives in the area of human capital development, such as enhancing skills and competencies for workers in the formal and informal sector, and safeguarding the basic rights and interests of workers in accordance with international labour standards. The Government indicates that, in practice, paid educational leave is granted to all workers. In particular, it refers to public service workers who are afforded long- and short-term training to enhance their competence, performance and accountability in the context of the implementation of the Public Service Reform Programme – Phase II (2008–12). The Committee invites the Government to supply information in its next report on the measures taken within the framework of the National Employment Policy to contribute to the attainment of the objectives set out in Article 3 of the Convention, with specific reference to the coordination of those measures with the general policies concerning education and training and working hours (Article 4). Please also provide any reports, studies, surveys or statistical data allowing the Committee to assess the extent to which the Convention is applied in practice (Part V of the report form).

Article 8. Equal access to paid educational leave. With reference to previous comments, the Government confirms that paragraph 1.2 of section I of the Parastatal Service Regulations, First Edition, 1984, governing the terms and conditions applicable to attendance at in-service courses or higher education in East Africa, which required recommendation by the ruling party, is no longer applied in practice. Since the establishment of the multiparty system in 1992, efforts have been made to improve the education system and to provide training applicants with a wide range of choices. The Committee notes that pursuant to the Employment and Labour Relations Act No. 8 of 2004, the prohibition of discrimination against employees on various grounds, including political opinion, is also applicable to all aspects of training.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its 2004 observation, which read as follows:

1. Granting of paid educational leave to all workers. The Committee notes that, in its brief reply to the direct request sent in 2003, the Government indicates that, in respect of the costs concerning general, social and civic education, including trade union education, employees suffer no deductions from their salaries. The Committee would appreciate receiving further information on the measures that have been taken, within the framework of a national policy on paid educational leave for workers in all sectors of the economy, to contribute, in association with employers’ and workers’ organizations and institutions, to the achievement of the objectives set out in Article 3 of the Convention, and that have been coordinated with the general policies enumerated in Article 4 of the Convention.

2. Discrimination. The Committee also notes that its policy statement that whenever opportunity for training occurs, applications are invited through published notices in local news media and without regard to race, colour, sex, religion, political opinion, national extraction or social origin. The Committee recalls that, in its previous comments, it requested the Government to confirm whether paragraph 1.2 of section I of the Parastatal Service Regulations, First Edition, 1984, governing the terms and conditions applicable to attendance at in-service courses or higher education in East Africa, which require recommendation by the party, is still in force. The Committee again asks the Government to provide a copy of the text that has replaced or revoked the 1984 Parastatal Service Regulations. Please describe the measures taken to ensure that workers have equal access to paid educational leave irrespective of race, colour, sex, religion, political opinion, national extraction or social origin (Article 8).

3. Practical application. Please include in the next report a general appreciation of the manner in which the Convention is applied in practice, including, if available, the number of workers granted paid educational leave (Part V of the report form).

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1. Granting of paid educational leave to all workers. The Committee notes that, in its brief reply to the direct request sent in 2003, the Government indicates that, in respect of the costs concerning general, social and civic education, including trade union education, employees suffer no deductions from their salaries. The Committee would appreciate receiving further information on the measures that have been taken, within the framework of a national policy on paid educational leave for workers in all sectors of the economy, to contribute, in association with employers’ and workers’ organizations and institutions, to the achievement of the objectives set out in Article 3 of the Convention, and that have been coordinated with the general policies enumerated in Article 4 of the Convention.

2. Discrimination. The Committee also notes that its policy statement that whenever opportunity for training occurs, applications are invited through published notices in local news media and without regard to race, colour, sex, religion, political opinion, national extraction or social origin. The Committee recalls that, in its previous comments, it requested the Government to confirm whether paragraph 1.2 of section I of the Parastatal Service Regulations, First Edition, 1984, governing the terms and conditions applicable to attendance at in-service courses or higher education in East Africa, which require recommendation by the party, is still in force. The Committee again asks the Government to provide a copy of the text that has replaced or revoked the 1984 Parastatal Service Regulations. Please describe the measures taken to ensure that workers have equal access to paid educational leave irrespective of race, colour, sex, religion, political opinion, national extraction or social origin (Article 8).

3. Practical application. Please include in the next report a general appreciation of the manner in which the Convention is applied in practice, including, if available, the number of workers granted paid educational leave (Part V of the report form).

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Article 2 of the Convention. In response to previous comments, the Government reiterates that the right to paid educational leave is implemented primarily through collective bargaining but that the lack of capacity to bargain effectively is an obstacle to the implementation of Article 2 of the Convention. The Government indicates that the ongoing labour policy and legislation reform is addressing the problem. The Committee would appreciate being kept informed of any changes in policy, legislation and/or methods of implementation undertaken in light of the above obstacles to fully implementing the provisions of the Convention.

Article 8. Since 1991, the Committee has expressed its concern about the provision contained in paragraph 1.2 of section I of the Parastatal Service Regulations, First Edition, 1984, governing the terms and conditions applicable to attendance at in-service courses or higher education in East Africa, which require recommendation by the Party (see in particular paragraph 404 of the 1991 General Survey on the Convention). In its 2002 report, the Government indicated that the above provision will be corrected in the context of the current labour law reforms. In the report received in 2003, the Government states that the 1984 Parastatal Service Regulations are no longer effective. The Government adds that the issue of discrimination permitted by that provision no longer arises. The Committee trusts that it will be in a position to note this concrete progress in the application of the Convention and would be grateful if the Government would supply a copy of the text that has replaced or derogated the 1984 Parastatal Service Regulations. Please also indicate the measures taken to ensure that workers have equal access to paid educational leave irrespective of race, colour, sex, religion, political opinion, national extraction or social origin.

Part V of the report form. Please also include a general appreciation of the manner in which the Convention is applied in practice, including, if available, the number of workers granted paid educational leave.

[The Government is asked to reply in detail to the present comment in 2004.]

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Article 2 of the Convention. In response to previous comments, the Government states that the right to paid education leave is implemented primarily through private sector collective bargaining. However, employers and workers lack the capacity to bargain effectively and focus primarily on traditional issues such as wages and lay-offs. The tripartite partners are exploring the possibility of establishing a mechanism for bargaining councils to serve as a pool of professional bargainers to supplement the bargaining efforts of the parties. The Government adds that the more critical challenge is the fact that the majority of workers are now in the informal economy. The Committee notes this information. It would appreciate being kept informed of any changes in policy and/or methods of implementation undertaken in light of the abovementioned obstacles to fully implementing the provisions of the Convention.

Article 8. In previous comments the Committee had requested further information on measures taken to bring section 1(1.2) of the 1984 Parastatal Service Regulations, which permits discrimination on grounds of political affiliation, into line with the requirements of Article 8, which prohibits discrimination on grounds of political opinion. In reply, the Government states that section 1(1.2) will be corrected with the current labour law reforms. The Committee notes this information and requests the Government to take measures to guarantee to workers equal access to paid education leave irrespective of their political opinion. Please provide in the next report a copy of the amended legislation once it has been adopted or information on any measures taken in this respect.

[The Government is requested to report in detail in 2003.]

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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 1995 direct request, which read as follows:

The Committee notes the information supplied by the Government in reply to its previous request. It notes the provisions applicable to the public and parastatal sectors with regard to paid educational leave. The Government also states that it is the responsibility of the Advisory Labour Council to make proposals to promote paid educational leave in the private sector through collective bargaining. The Committee invites the Government to supply information in its next report on the progress achieved in this respect and to supply copies of collective agreements which provide for paid educational leave.

With reference to its previous request and to paragraph 404 of its 1991 General Survey, the Committee notes that the report does not state that measures have been taken to bring section 1(1.2) of the 1984 Para-statal Service Regulations into conformity with the Constitution, which prohibits any discrimination on grounds of political affiliation, and with Article 8 of the Convention, which provides for equal access of workers to paid educational leave irrespective of their political opinion. It hopes that the Government's next report will contain information on the measures taken to guarantee respect for this important provision of the Convention.

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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 in reply to its previous request. It notes the provisions applicable to the public and parastatal sectors with regard to paid educational leave. The Government also states that it is the responsibility of the Advisory Labour Council to make proposals to promote paid educational leave in the private sector through collective bargaining. The Committee invites the Government to supply information in its next report on the progress achieved in this respect and to supply copies of collective agreements which provide for paid educational leave.

With reference to its previous request and to paragraph 404 of its 1991 General Survey, the Committee notes that the report does not state that measures have been taken to bring section 1(1.2) of the 1984 Para-statal Service Regulations into conformity with the Constitution, which prohibits any discrimination on grounds of political affiliation, and with Article 8 of the Convention, which provides for equal access of workers to paid educational leave irrespective of their political opinion. It hopes that the Government's next report will contain information on the measures taken to guarantee respect for this important provision of the Convention.

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The Committee notes the information supplied by the Government in reply to its previous request. It notes the provisions applicable to the public and parastatal sectors with regard to paid educational leave. The Government also states that it is the responsibility of the Advisory Labour Council to make proposals to promote paid educational leave in the private sector through collective bargaining. The Committee invites the Government to supply information in its next report on the progress achieved in this respect and to supply copies of collective agreements which provide for paid educational leave.

With reference to its previous request and to paragraph 404 of its 1991 General Survey, the Committee notes that the report does not state that measures have been taken to bring section 1(1.2) of the 1984 Para-statal Service Regulations into conformity with the Constitution, which prohibits any discrimination on grounds of political affiliation, and with Article 8 of the Convention, which provides for equal access of workers to paid educational leave irrespective of their political opinion. It hopes that the Government's next report will contain information on the measures taken to guarantee respect for this important provision of the Convention.

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The Committee notes the information and documents provided in answer to its previous direct request. It notes the indication that most collective agreements do not contain provisions on paid educational leave. Please indicate the measures taken or envisaged, in accordance with Article 2 of the Convention, to promote the inclusion in collective agreements of provisions granting paid educational leave. Please indicate how effect is given for this purpose to the provisions of Article 6 of the Convention which provides that employers' and workers' organizations shall be associated with the formulation and application of the policy for the promotion of paid educational leave.

Article 8. Please indicate the measures taken to bring the provisions of section 1(1.2) of the 1984 Para-statal Service Regulations into conformity both with the Constitution and with this important provision of the Convention.

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Tanganyika

The Committee has noted the information provided in reply to its previous request concerning Article 2(c) of the Convention. It again requests the Government to provide details as to the application of the Convention in the private sector, and especially to attach copies of provisions in collective agreements relating to paid educational leave.

Article 8 of the Convention. The Committee recalls the Government's indication that discrimination in the terms of this Article is illegal under the Constitution. However, it notes that paragraph 1.2 of section I of the Parastatal Service Regulations, 1984, governing terms and conditions applicable to attendance at in-service courses or higher education in East Africa, requires recommendation by the Party. The Committee refers to the indications in paragraph 404 of its General Survey on Paid Educational Leave and asks the Government to describe how it ensures that paid educational leave is not denied to workers on the ground of political opinion, as required by this Article of the Convention.

Zanzibar

The Committee has noted with interest the indications given by the Government. It would be grateful if the Government would provide copies - or if that is not possible a summary - of the legislation referred to, i.e. section 47 of the Education Law 1982, Civil Servant Circulars UTU/AR/M.140/I/Vol.III/15, UTU/AR/M.140/I/Vol.III/08 and UTU/AR/M.140/I/Vol.III/125.

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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 Government's first report, concerning the application of the Convention in the public sector. It would be grateful if the Government would indicate in its next report the measures that have been taken or are envisaged to promote the granting of paid educational leave for the purpose of trade union education (Article 2(c) of the Convention).

Furthermore, the Committee requests the Government to supply detailed information on the implementation of the Convention in the private sector by attaching the provisions of collective agreements that relate to this subject.