Collective Bargaining Convention, 1981 (No. 154) - United Republic of Tanzania (RATIFICATION: 1998)

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The Committee notes the Government’s indication that the Service Social Staff Council and the Public Service Joint Staff do not provide a forum for the negotiations but are consultative bodies. The Government states that a total of 352 workers’ councils have been established in the public service; these councils have responsibility in economic matters and decision-making processes. The Committee also notes the Government’s indication that in 2011 it established the Public Service Remuneration Board, mandated to advise the Government on remunerations. The Committee understands that the mechanisms mentioned have advisory functions and recalls that the Convention enshrines the principle of collective bargaining in both the public and private sectors, although it allows for special modalities in the public administration. The Committee requests the Government to take the necessary measures for the legal recognition of the right to collective bargaining in the public administration.

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With regard to its previous request for information concerning the existence and functioning of joint staff councils for the negotiation of working conditions of junior civil servants, the Committee notes the Government’s statement that the Public Service (Negotiating Machinery) Act, 2003, provides for establishment of the civil service joint staff council and the public service joint staff council as forums for the participation of the public servants in negotiating on matters relating to the terms and conditions of service. It further notes that, in 2008, councils negotiated a minimum wage for public servants of 100,000 Tanzanian shillings (TZS) which was endorsed by the minister responsible for public service. The Committee requests the Government to provide information on the activities of the councils, including the number of agreements concluded therein and the subjects they cover. It further requests the Government to indicate whether the civil service and public service joint staff councils provide for negotiations at the institutional level.

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The Committee takes note of the Government’s report.

With regard to its previous request for information concerning the existence and functioning of joint staff councils for the negotiation of working conditions of junior civil servants, the Committee notes the Government’s statement that such councils exist and are functioning. The Committee requests the Government to provide any available information on the activities of the councils such as the number and subject of agreements reached in the councils during the last two years.

With regard to its previous comments concerning section 25(1) of the Civil Service Negotiating Machinery Act which excludes from the collective bargaining procedure civil servants earning a maximum annual salary of £702 or more, the Committee notes that, referring to this provision, the Government states that it only excludes from collective bargaining those civil servants who are policy-makers such as permanent secretaries and regional directors who are answerable to their appointing authority (i.e. the President). The Committee takes note of this information.

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The Committee takes note of the Government’s report.

With regard to its previous comments concerning the Industrial Court Act No. 41 of 1976 which empowered the Industrial Court to refuse to register a collective agreement on the ground that it was not in conformity with the Government’s economic policy, the Committee refers to the observation made under Convention No. 98.

The Committee is addressing a request on certain other points directly to the Government.

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The Committee notes with interest the information in the Government’s first report, and requests it to provide additional information on the following points.

1. Article 1, paragraph 3, of the Convention (scope of application). The Committee notes that civil servants with an annual maximum salary of less than £702 may bargain collectively through joint staff councils, whose functions are to negotiate the working conditions of junior civil servants, and whose members are appointed by the Minister. Furthermore, civil servants earning a maximum annual salary of £702 or more are excluded from the collective bargaining procedure, and are prohibited from joining trade unions by section 25(1) of the Civil Service Negotiating Machinery Act.

In this respect, the Committee requests the Government to indicate if joint staff councils for the negotiation of working conditions of junior civil servants do exist and function in practice. The Committee also requests the Government to take measures to amend the legislation in order to guarantee collective bargaining with trade union organizations of senior civil servants, taking into account that only high-level employees whose functions are usually considered as policy-making and managerial or employees whose duties are of a highly confidential nature could be excluded from the guarantees provided for in the Convention.

2. Article 5. The Committee notes that sections 5 and 25 of the Industrial Court Act of the United Republic of Tanzania permit administrative authorities to control the bargaining process by requiring that negotiated agreements be submitted to the Labour Commissioner and the Minister of Labour before being submitted to the Industrial Court for registration. The Committee also notes that registration of collective agreements may be refused on grounds other than where the terms and conditions are below the statutory minimum, or breach international standards, or for procedural irregularity. The Committee also notes the Government’s indication that the Court may refuse to register a collective agreement on grounds that it is not in conformity with the Government’s economic policy. Furthermore, under section 39 of the Act, registration may be refused at the discretion of the Tribunal and section 27(1) of the Act stipulates that the decision cannot be appealed.

In this regard, the Committee requests the Government to take appropriate measures to modify the legislation so that:

-  the denial of registration of collective agreements could only be possible in cases where they have a procedural flaw or do not conform to the minimum standards laid down by the general labour legislation, and not when the authorities consider that they are contrary to the Government’s economic policy; and

-  the denial of registration by the Industrial Court could be appealed.