Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee takes note of the Government's report and of the adoption of the Trade Unions Act, 1998.

The Committee had made comments for several years on the provisions of sections 22(e)(i), (v), (vii) and (ix), 23(3)(c) and 39(7)(c) of the Permanent Labour Tribunal Act, No. 41 of 1967, as amended in 1990 and 1993, which give the court the power to refuse to register a collective agreement if the agreement is not in conformity with the Government's economic policy. In this respect, the Committee recalls as a general rule that the provisions requiring prior approval of a collective agreement for it to enter into force are only compatible with the Convention provided they merely stipulate that approval may be refused if the collective agreement has a procedural flaw or does not conform to the minimum standards laid down by general labour legislation.

The Committee requests the Government to take measures to amend the legislation in this regard and to keep the Committee informed.