Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 101) sur les congés payés (agriculture), 1952 - République-Unie de Tanzanie.Tanganyika (Ratification: 1962)

Article 5(b) of the Convention. Increase in the duration of paid annual leave. The Committee notes the Government’s reference to section 55(1) and (2) of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, which provides that matters for collective bargaining include the terms and conditions of employment such as the hours of work, leave or notice periods. The Committee requests the Government to provide copies of any applicable collective agreements which would contain clauses on paid annual leave in the agricultural sector, in particular as regards the increase in the duration of the annual leave with the length of service.

Article 9. Monetary compensation in lieu of leave upon termination of employment. The Committee notes the Government’s indication that, as a matter of practice, cash payment in lieu of unused leave is provided to an employee who, upon termination of the employment contract, has not taken the leave within the periods and circumstances prescribed in section 31(3) of the Employment and Labour Relations Act, 2004. The Committee observes, however, that section 31(9) of the same Act provides exactly the opposite, namely that an employee is not entitled to be paid any pro rata amount for accrued annual leave if the employee has not taken the leave within the periods and circumstances prescribed in section 31(3). The Committee accordingly requests the Government to take the necessary measures in order to bring the national legislation into line with established practice.

Part V of the report form. Application in practice. The Committee would appreciate it if the Government would supply up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, labour inspection results showing the number of infringements observed and penalties imposed, etc.

Finally, the Committee once again invites the Government to consider ratification of the Holidays with Pay Convention (Revised), 1970 (No. 132), which would involve the automatic denunciation of the outdated Convention No. 101. The ratification of Convention No. 132 appears to be all the more appropriate as the legislation of mainland Tanzania is not limited to agricultural workers but is of general application, and provides for 28 days of paid annual leave which is clearly more favourable than the three-working-week standard set out in Convention No. 132. The Committee therefore asks the Government to keep the Office informed of any future developments concerning the possible ratification of Convention No. 132.