Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

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

The Committee notes the Government's report and recalls that its previous comments concerned the legal 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 would 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.

The Committee had observed that under sections 23(2) and 22(e) of the Act, the Tribunal has a wide discretionary power to decide whether or not to register a negotiated agreement. The Committee had indicated that the right of employees to negotiate freely wages and terms of employment with employers is a fundamental aspect of freedom of association and that, rather than subjecting the validity of collective agreements to government approval, steps should be taken to persuade the parties to have regard voluntarily in their negotiations to major economic and social policy considerations and to the general interest invoked by the Government (General Survey, Freedom of Association and Collective Bargaining, 1983, paragraphs 309-315).

In its report, the Government states that it has taken into consideration the comments made by the Committee and has requested the ILO expert who is currently assisting the Government in the drafting of the new Labour Code, to advise the Government on amendments to be made, where appropriate, to this end.

The Committee requests the Government to provide in its next report information on the measures that have been taken to give full effect to the Convention.