Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Scope of the Convention.The Committee, in its previous comments, requested the Government to include members of the prison service and exclude only members of the military service from the scope the Employment and Labour Relations Act (No. 6 of 2004) (ELRA), by amending sections 2(1)(ii) and 2(1)(iv) respectively. The Committee notes the Government’s indication that prison guards have been recognized as military officials following an amendment in the law, and they are regulated by their own legislation. The Committee recalls that civilian personnel in the armed forces enjoy the rights and guarantees set out in the Convention. The Committee considers that the functions exercised by this category of workers do not justify their exclusion from the rights and guarantees set out in the Convention, and it trusts that the Government will take the necessary legislative measures, in consultation with social partners, to bring national legislation in conformity with the Convention.

Article 4 of the Convention. Compulsory arbitration.The Committee notes with regret that the Government does not provide information on the measures taken to ensure that compulsory arbitration in the framework of collective bargaining is acceptable only in relation to public servants engaged in the administration of the state, essential services in the strict sense of the term, and acute national crisis. It reiterates its previous request for information on the progress made in this regard, particularly by amending sections 17 and 18 of the Public Service (Negotiating Machinery) Act.

Collective bargaining in practice.The Committee previously requested the Government to provide information and statistics on the collective agreements signed and in force in the country. The Committee notes the Government’s indication that between July 2021 and June 2022, 32 collective agreements were lodged between the Tanzania Union of Industrial and Commercial Workers (TUICO) and various companies in diverse sectors (industrial and commerce (16), transportation (1), beverages (2), education (1), commercial (6), agriculture (3), health (1), mining (1) and textiles (1)). The Government adds that there are 3 collective agreements in Tanzania-Zanzibar, covering 398 workers in two sectors. The Committee requests the Government to: (i) continue providing information in this respect, including statistics on the total number of collective agreements in force in the country, the sectors concerned, and the number of workers covered; and (ii) provide information on the measures taken to promote collective bargaining in the different sectors of the economy.

Article 4 of the Convention. Legislation on collective bargaining. In its previous comment, the Committee requested the Government to take the necessary measures to: (i) amend section 57 of the Labour Relations Act, 2005 (LRA) to remove anyambiguity concerning the meaning of the term “majority”and toclarify that the most representative trade union, even when it does not represent more than 50 per cent of the workers, has the exclusive right to bargain with the employer; and (ii) amend section 54(2)(b) of the LRA to guarantee managerial employees their rights under the Convention, and to indicate the categories of employees excluded under section 54(2)(c). The Committee notes the Government’s indication that the relevant provisions in the labour laws would be amended, post consultation with social partners and that it has requested the technical assistance of the Office to review and amend all labour laws. The Committee takes due note of this request for technical assistance and trusts that the Government will take the necessary steps to ensure the full compliance of the legislation with the Convention. The Committee requests the Government to provide information on progress made in this regard.