Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - United Republic of Tanzania (Ratification: 1962)

The Committee notes the Government's report. It recalls that its previous comments concerned the following point:

- the requirement that negotiated or voluntary collective agreements be registered by the permanent labour tribunal and that, in the event of their non-conformity with the Government's economic policies, registration be refused or accepted after modification of their clauses, without the possibility of appealing (sections 4, 6, 16, 22, 23, 27 and 39 of the Permanent Labour Tribunal Act, No. 41 of 1967), contrary to Article 4 of the Convention.

In its previous observation, the Committee noted that, in practice, measures had been taken to encourage the development of collective bargaining, particularly by advising, at various levels, the parties concerned of the economic conditions of the country. It, nevertheless, requested the Government to amend the legislation so as to bring it into greater conformity with Article 4 of the Convention under which the principle of free negotiation implies, when economic conditions make this necessary, that the observance by the parties concerned of government policies should be sought through appropriate consultation procedures and not that these policies should be imposed, inter alia, through a system of compulsory registration of collective agreements. If such a registration system does exist, it should be limited to ensuring that the minimum standards set forth in the labour legislation are respected and to verifying questions of form.

On several occasions the Government has stated its readiness to amend the legislation, particularly on the basis of proposals that were formulated, at its request, by the ILO.

In its last report, the Government indicates that a draft Labour Code is currently under study with the technical assistance of an ILO expert, whose proposals in this connection will be transmitted to the Tripartite Advisory Labour Council and that the legislation can only be amended once the Government has been informed of the recommendations of the Council.

The Committee notes this statement and requests the Government to supply information in its next report on the measures that have been taken to give full effect to the Convention.