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

Minimum Wage Fixing Convention, 1970 (No. 131) - United Republic of Tanzania (Ratification: 1983)

The Committee notes the information supplied by the Government in its reports.

Article 4 of the Convention.  The Committee notes from the Government’s reports that, by virtue of the Minimum Wages Board Establishment Order, 1995 (Government Notice No. 311 published on 16 June 1995), a Minimum Wage Board consisting of government officials and workers’ and employers’ representatives was established to inquire into and make recommendations on the establishment of a basic minimum wage on a national basis in respect of all categories of employment. The Committee also notes the Regulations of Wages and Terms of Employment Order, 1999 (Government Notice No. 207 published on 23 July 1999), which sets the new basic minimum wage rates. The Committee would be grateful to the Government for continuing to supply information on any future developments concerning the operation of the minimum wage fixing machinery.

Different minimum wage for young workers under 18 years of age.  The Committee notes that under section 2(b) of the Minimum Wages Board Establishment Order, 1995, and Part A of the Schedule of the Regulations of Wages and Terms of Employment Order, 1999, young workers of or above 15 years but below 18 years of age are paid a minimum wage determined by law which is considerably inferior to the minimum wage applied to persons who have reached legal majority. In this regard, the Committee recalls paragraphs 169 to 181 of its 1992 General Survey on minimum wages where it is pointed out that since the instruments concerning minimum wages contain no provision for the fixing of different minimum wage rates on the basis of criteria such as sex, age or disability, the general principles laid down in other instruments must be respected, and particularly those contained in the Preamble to the ILO Constitution which specifically refers to the principle of "equal remuneration for work of equal value". With special reference to age, paragraph 171 of the 1992 General Survey indicates that the quantity and quality of work carried out should be the decisive factor in determining the wage paid. The Committee therefore recalls that, even if the minimum wage Conventions do not explicitly prohibit setting lower minimum wage rates for young workers, any measures taken in this regard should respect the principle of "equal remuneration for work of equal value", and should not be based on the criteria of age but rather on objective criteria related to job content and to the quantity and quality of work done.

Application of the Convention in Zanzibar and formation of an employers’ association.  The Committee notes the Government’s statement that the necessary consultations regarding the application of the Convention in Zanzibar are being pursued. The Committee also notes that under sections 59(3), 102(2) and 103(2) of the Zanzibar Labour Act, 1997, minimum wage rates are determined by the Minister of Labour in agreement or after full consultation with the Labour Advisory Board which consists of not more than ten and not less than six members appointed from among public officers and representatives of employers and employees. The Committee asks the Government to keep it informed on any developments on this point. Furthermore, the Committee notes from the Government’s last report that the Zanzibar Employers Association (ZANENA) has now been set up.

The Committee requests the Government to keep it informed of any measures taken as regards the above questions.