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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2(1) of the Convention. Lower minimum wage rates for young persons. The Committee notes with interest that the Regulation of Wages and Terms of Employment Order, 2010 (Government Notice No. 172 of 2010) no longer provides for lower minimum wage rates for young persons between 15 and 18 years of age.

Article 4. Minimum wage fixing machinery. The Committee notes the Government’s indication that in addition to the eight sectoral wage boards created in 2007 for agriculture, commerce and trade, health services, hotel and domestic services, marine services, transport and communication, private security and mining industries, four new wage boards have now been established for the energy, private schools, construction and communication sectors. The Committee also notes the period of tension that followed the minimum wage increases decided in 2007 and which eventually led to the revocation of Order No. 233 and the issuance of Order No. 172 of 2010. Under the terms of that Order, which is still in force to date, minimum wage rates vary from 70,000 Tanzanian Shillings (TZS) (approximately US$45) per month in agriculture to TZS350,000 (approximately $223) per month in aviation services and mining prospecting licences.

The Committee further notes the Government’s indications that some wage boards were not able to conduct any investigation on minimum wage and working conditions in 2011 and that steps were taken to commission a study on minimum wage in order to assist the members of the wage boards in their deliberations.

With regard to the application of the Convention in Zanzibar, the Committee notes that the Wage Advisory Board has now been established pursuant to section 92 of Employment Act No. 11 of 2005 and has formulated its recommendations that led to the issuance of Circular No. 1 of 2012 by which the Minister of Labour raised the minimum wage from TZS70,000 (approximately $45) to TZS145,000 (approximately $92) per month. The Committee trusts that the Government will pursue its efforts to guarantee the smooth operation of the minimum wage fixing process and to engage in genuine and effective consultations with the social partners in these matters. The Committee requests the Government to continue to provide detailed information on the functioning of the various wage boards and the evolution of the minimum wage rates by sector.

Article 5 and Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning the number of labour inspection visits carried out and the number of wage-related infringements recorded in the period 2011–12. The Committee requests the Government to continue to provide all available information on the practical application of the Convention.

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

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.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s short report, in particular the adoption of the Regulations of Wages and Terms of Employment Order, 2002 (Government Notice No. 311 published on 28 June 2002), fixing the new minimum hourly, daily, weekly, fortnightly and monthly rates according to the worker’s age or place of employment.

Article 4 of the Convention. The Committee notes that, according to established practice, the adoption of a Government Order fixing minimum wage rates is always preceded by the establishment of a Minimum Wages Board to review the minimum wage rates in force and make proposals for their adjustment. The Committee requests therefore the Government to indicate whether the above-referenced Regulations of Wages and Terms of Employment Order, 2002, was issued following the recommendations of a Minimum Wages Board specifically set up to this end and to provide a copy of the statutory instrument by which such Board may have been established. The Committee also asks the Government to continue supplying information on any developments concerning the operation of the minimum wage fixing machinery, especially as regards the obligation of full consultation with and direct participation of representative organizations of employers and workers at all stages of the minimum wage fixing process.

Different minimum wage rates for young workers. The Committee recalls its previous comment in which it noted that, even though the Convention does not explicitly prohibit setting lower minimum wage rates for young workers, any measures taken in this regard should be regularly re-examined in the light of the principle of equal remuneration for work of equal value and that the quantity and quality of work should be the decisive factors in determining the wage paid. In its reply, the Government states that the current system of fixing different minimum wage levels based on age is being addressed by the ongoing Tanzania Labour Policy and Legislation Reform. The Committee requests the Government to provide in its next report additional information on the state of advancement of the legislative reform process and to keep it informed of any recommendations which may be formulated in that context with respect to minimum wage differentials on account of the worker’s age.

Application of the Convention in Zanzibar. The Committee notes that the Government does not respond to its previous request concerning the application of the Convention in Zanzibar. The Committee is therefore obliged to ask the Government once again to specify whether the minimum wage fixing machinery prescribed in sections 59(3), 102(2) and 103(2) of the Zanzibar Labour Act, 1997, is effectively in operation and to supply all available information in this regard, including any minimum wage rates which may have been established pursuant to the above provisions.

Part V of the report form. The Committee notes that since the ratification of this Convention the Government has never communicated any information on its practical application. While the Committee has noted in the past the difficulties of the Government to collect and supply similar information requested under Convention No. 26, it firmly hopes that the Government will be in a position to provide in its next report full information regarding the application of the Convention in practice, including, for instance, statistics on the number of workers covered by minimum wages legislation, extracts from inspection reports showing the number of infringements and sanctions imposed, as well as any other particulars bearing on the effect given to the requirements of the Convention in practice, both in the mainland and Zanzibar.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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.

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

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.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's short report in reply to its previous comments. This report refers to the Government's intention to establish a Minimum Wage Board and to efforts being made with regard to the formation of an employers' association. It also indicates no information is available regarding development and application of the Convention in Zanzibar.

The Committee wishes, therefore, to recall its previous comments in which it noted, as concerns the application of the Convention in Zanzibar, that section 9 of the Employment (Private Enterprises) Regulation, 1990 (Legal Notice No. 1 of 1991) provides for the declaration of the minimum wage by the Department of Labour from time to time as it may deem necessary, and that section 10 stipulates that the Director shall issue and approve scales of wages after tripartite consultation. The Committee requested the Government to clarify whether the requirement of tripartite consultation under section 10 also covers the declaration of the minimum wage under section 9. It also asked the Government to indicate whether the Minimum Wages Decree (No. 1 of 1935) and the Minimum Wages Order (No. 74 of 1949) are still in force under the new regulation (Legal Notice No. 1 of 1991).

The Committee hopes that the Government will provide information on: (i) the above requested clarifications; (ii) any development in the formation of an employers' association; and (iii) the progress made as concerns the participation of employers' and workers' representatives in the operation of the minimum wage-fixing machinery (Article 4, paragraph 3, of the Convention).

[The Government is asked to report in detail in 2000.]

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee notes the information supplied by the Government in reply to the previous direct request, including copies of staff circulars No. 3 of 1987 and No. 8 of 1990. It also notes the Regulation of Wages and Terms of Employment Order, 1990 (Government Notice No. 336 published on 24.8.90) which sets the new basic minimum wage rates applicable also to the public sector and to the plantation industry. The Committee would be grateful to the Government for continuing to supply information in its future reports on further development of the minimum wage fixing.

2. The Committee notes with interest the information on the application of the Convention in Zanzibar, including copies of Labour Decree, Chapter 61, Employment (Private Enterprises) Regulation, 1990 (Legal Notice No. 1 of 1991), the Minimum Wages Decree (No. 1 of 1935) and the Minimum Wages Order (No. 74 of 1949). It notes from the Government's report that there is no law or regulation enacted so far setting salaries for public enterprises. As regards the private sector, the Government indicates that, since no employers' association has so far been formed, tripartite consultations are problematic.

The Committee notes that section 9 of the above-mentioned regulation (Legal Notice No. 1 of 1991) provides for the declaration of minimum wage by the Department of Labour from time to time as it may deem necessary, and that section 10 stipulates that the Director shall issue and approve scales of wages after tripartite consultation. The Committee requests the Government to clarify whether the requirement of tripartite consultation under section 10 also covers the declaration of minimum wage under section 9. It would be grateful to the Government for indicating whether the above-mentioned Minimum Wages Decree and Minimum Wages Order are still in force under the new regulation (Legal Notice No. 1 of 1991). The Committee also asks the Government to continue supplying information on any development in the formation of an employers' association and on the progress made in the participation of employers' and workers' representatives in the operation of the minimum wage fixing machinery (Article 4, paragraph 3, of the Convention).

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee notes the information supplied by the Government in reply to the previous direct request, including copies of staff circulars No. 3 of 1987 and No. 8 of 1990. It also notes the Regulation of Wages and Terms of Employment Order, 1990 (Government Notice No. 336 published on 24.8.90) which sets the new basic minimum wage rates applicable also to the public sector and to the plantation industry. The Committee would be grateful to the Government for continuing to supply information in its future reports on further development of the minimum wage fixing.

2. The Committee notes with interest the information on the application of the Convention in Zanzibar, including copies of Labour Decree, Chapter 61, Employment (Private Enterprises) Regulation, 1990 (Legal Notice No. 1 of 1991), the Minimum Wages Decree (No. 1 of 1935) and the Minimum Wages Order (No. 74 of 1949). It notes from the Government's report that there is no law or regulation enacted so far setting salaries for public enterprises. As regards the private sector, the Government indicates that, since no employers' association has so far been formed, tripartite consultations are problematic.

The Committee notes that section 9 of the above-mentioned regulation (Legal Notice No. 1 of 1991) provides for the declaration of minimum wage by the Department of Labour from time to time as it may deem necessary, and that section 10 stipulates that the Director shall issue and approve scales of wages after tripartite consultation. The Committee requests the Government to clarify whether the requirement of tripartite consultation under section 10 also covers the declaration of minimum wage under section 9. It would be grateful to the Government for indicating whether the above-mentioned Minimum Wages Decree and Minimum Wages Order are still in force under the new regulation (Legal Notice No. 1 of 1991). The Committee also asks the Government to continue supplying information on any development in the formation of an employers' association and on the progress made in the participation of employers' and workers' representatives in the operation of the minimum wage fixing machinery (Article 4, paragraph 3, of the Convention).

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information supplied by the Government in reply to the previous direct request. It hopes that further information will be supplied in the next report on the following points:

Article 1, paragraphs 1 and 2, of the Convention. 1. Please supply a copy of staff circular No. 3 of 1987, and copies of staff circulars which fix the wages of the members of the United Teaching Service, the Defence Force, the Police Force and the Prisons Force.

2. In the previous direct request the Committee asked the Government to provide information on the application of the Convention in Zanzibar, on the understanding that minimum wages had been fixed therein. The Committee notes from the Government's report that the Regulation of Wages and Terms of Employment Ordinance (Cap. 300) does not apply to Zanzibar. It hopes that the Government will indicate the measures taken or contemplated to ensure the effective implementation of the Convention in Zanzibar.