Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the information provided by the Government in reply to its previous comments. It notes, in particular, the adoption of Employment and Labour Relations Act No. 6 of 2004, which repeals the Regulations of Wages and Terms of Employment Order, 2002, and the minimum pay rates prescribed therein, and of Labour Institutions Act No. 7 of 2004 which sets out new rules for the appointment and operation of wage boards.

Article 2, paragraph 1, of the Convention. Lower minimum wage rates for young workers. The Committee notes the Government’s explanations concerning the prohibition of wage discrimination on the basis of age or sex, as reflected in section 7 of the Employment and Labour Relations Act, 2004. While noting the legislative guarantees against discrimination in the workplace in Part II of the above Act, the Committee requests the Government to specify whether any new minimum wage orders issued upon the recommendation of the newly established wage boards under the Labour Institutions Act, 2004, provide for different minimum wage rates for persons of or above 18 years of age and persons between 15 and 18 years of age.

Article 4. Minimum wage fixing machinery. The Committee notes sections 34 to 42 of the Labour Institutions Act, 2004, that regulate the establishment, composition, functions and powers of wage boards. It notes, in particular, that the wage boards are appointed in respect of a sector or area of employment to be investigated, that their worker and employer members are nominated by the tripartite Labour, Economic and Social Council, and that their recommendations are based, among other considerations, on the cost of living, the minimum subsistence level, business sustainability and the desirability of alleviating poverty and creating employment. The Committee also notes the Government’s indication that eight sectoral boards have already been established. The Committee would appreciate receiving additional information on the eight wage boards in place, any investigations that may have been completed or recommendations that may have been prepared as well as copies of any minimum wage orders possibly issued on the basis of such recommendations.

Application of the Convention in Zanzibar. The Committee notes the Government’s indication that, following the adoption of the new Employment Act No. 11 of 2005, the minimum wage advisory board provided for in Part IX of the Act was established in 2007 and is expected to examine the issuance of a new minimum wage shortly. The Committee requests the Government to provide in its next report full particulars on the establishment, membership and functioning of the new minimum wage advisory board. It would also appreciate receiving a copy of the new Employment Act and of any minimum wage order that may have been issued in the meantime.

Article 5 and Part V of the report form. The Committee notes once more the Government’s explanations about the difficulties in collecting statistical data, taking especially into account the problems associated with the informal sector. It also notes that the process of developing a database and information management system is ongoing. The Committee requests the Government to keep it informed of all developments in this regard. It would be grateful if the Government would supply available information on the practical application of the Convention, including the minimum wage rates applicable in different sectors, copies of activity reports or studies undertaken by the wage boards, the Labour, Economic and Social Council, or other bodies responsible for matters related to wage policy and minimum wage fixing, as well as labour inspection results concerning compliance with the minimum wages in force.