Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee notes the Government’s report.

The Committee has commented for several years on 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 empower the court to refuse to register a collective agreement if the agreement is not in conformity with the Government’s economic policy. The Committee recalls as a general rule that 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. In this respect, the Committee notes the Government’s statement that efforts are being made to amend the Act.

The Committee requests the Government to take measures to amend the legislation accordingly and to keep it informed of any developments in this regard.