Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

The Committee notes the Government's reports and the Industrial Court of Tanzania Act No. 2 of 1993 which amends the Permanent Tribunal Act No. 41 of 1967.

Further to its previous comments, the Committee observes that under sections 23(2), 22(e) and 39 of the Act, the Court retains discretionary power to decide whether or not to register an agreement. The Committee stresses again 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, the final decision on the matter resting with the parties to the agreement (1994 General Survey on Freedom of Association and Collective Bargaining, paragraphs 251-253).

The Committee further notes from the reports that it is the Government's position not to intervene in voluntary agreements in practice.

The Committee asks the Government to provide information on measures taken to promote voluntary collective bargaining and to indicate in its next report whether the registration of any agreements has been refused by the Court as well as the reasons given for such refusal.