2007 Annual Survey of violations of trade union rights - Tanzania
|Publisher||International Trade Union Confederation|
|Publication Date||9 June 2007|
|Cite as||International Trade Union Confederation, 2007 Annual Survey of violations of trade union rights - Tanzania, 9 June 2007, available at: http://www.refworld.org/docid/4c52ca0a2.html [accessed 15 March 2014]|
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182
The government Registrar still has considerable powers to interfere in trade union affairs. Strong restrictions on the right to strike in the private sector remain, making it almost impossible to stage a legal strike, and strikes are entirely forbidden in the public sector. No collective bargaining is allowed in the civil service.
Trade union rights in law
Excessive power of Registrar: The Trade Unions Act allows workers to form trade unions but contains several restrictions on trade union rights. Trade unions must have at least 20 members to register, and unions must register within six months of being established. Those that fail to do so are subject to (unspecified) sanctions.
A union has to provide the Registrar with annual lists of its membership and financial audits and the Registrar can suspend a union if public security or public order are endangered. Trade union affiliation to other organisations can be annulled if it was obtained without government approval or if the union is considered to be to an organisation whose remit is broader than just employer-worker relations.
The government also prescribes the terms of office of trade unionists. Failure to comply with government requirements is subject to fines and/or imprisonment. In any given trade union, only one union leader may be employed full time to carry out trade union functions, all others must work full time in the enterprise or industrial sector in which they have been elected.
Right to strike and collective bargaining severely restricted: Workers can go on strike, but must go through a series of complicated and protracted mediation and conciliation procedures, which can prolong a dispute by months without resolving it. The law does not protect those taking part in legal strikes from retribution. Strikes are forbidden if the government considers they endanger the life and health of the population, and the law has now broadened the category to cover almost 50% of all services, including fire fighting, civil aviation, telecommunications, health services and associated laboratory services and electricity. Strikes in other sectors may be either temporarily or permanently banned after a complicated investigation process.
Collective bargaining is recognised in law. Collective agreements must be submitted to the Industrial Court for approval and may be refused registration if they do not conform to the government's economic policy.
Collective bargaining forbidden in the public service: According to the 2002 Public Service (Negotiating Machinery) Bill workers in the public services do not have the right to collective bargaining. In addition the government sets wages for employees of the government and state-owned organisations. There is also a minimum membership requirement of 30 people for a union to be registered, excessive by international standards. It prevents strikes by "staff grade officers", which include heads of public learning institutions. A system of compulsory arbitration at the authorities' discretion, decides conditions and terms for public service employees. This effectively amounts to a strike ban.
Zanzibar and Pemba: The Zanzibar government enforces legislation specific to the Zanzibar and Pemba islands. Legislation applies solely to the private sector and does not protect workers against anti-union discrimination.
Greater restrictions in Zanzibar: There are far greater restrictions on trade union rights in Zanzibar than in the rest of the country. There is a minimum membership requirement of 50 people before registration can go ahead and the Registrar has considerable powers to restrict registration, for example, if he or she does not agree with the union's provisions. Trade union officers must have a sufficiently high literacy level. The High Court can interfere in trade union affairs by appointing the Registrar to act as a trade union liquidator.
The law prohibits all workers from going on strike
There are three export processing zones on the mainland, where working conditions are comparable to those outside the zones. There are two EPZs on Zanzibar, where there were unconfirmed reports of trade union rights violations.
Trade union rights in practice
Privatisation – workers' rights ignored: Employees in the privatised industries are denied freedom of association and the right to collective bargaining, and face long hours, compulsory night shifts, job insecurity, low pay and forced overtime. There are reports that some employers were deducting union dues from workers' pay but were either sending it to the unions after long delays or simply keeping hold of the money.
Difficulties in organising legal strikes: Workers tend to stage illegal wildcat strikes and walkouts because of the lengthy and cumbersome requirements for calling a legal strike.
Medical practitioners: The government pardoned and rehired 224 of the medical personnel it sacked in November 2005 for striking for better pay and working conditions. However it said that in future it would dismiss any striking medical practitioners.
Violations in 2006
Barclays Bank obstructs union organising: During 2006 Barclays Bank managers tried to prevent its workers becoming unionised by refusing to meet union officials or to grant them access to the workplace to meet workers. Managers in Barclays' subsidiary, the Amalgamated Bank of South Africa (ABSA), which acquired the National Bank of Commerce (NBC) in Tanzania, took similar measures to prevent unionisation of NBC workers.
After a series of industrial actions, Barclays' and NBC's management finally agreed to sign collective agreements with the Tanzania Union of Commercial and Industrial Workers (TUICO).