Annual Labour Administration and Inspection Report

7/27/2019 Annual Labour Administration and Inspection Report

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UNITED REPUBLIC OF TANZANIA

MINISTRY OF LABOUR AND EMPLOYMENT

DEPARTMENT OF LABOUR

ANNUAL LABOUR ADMINISTRATION AND INSPECTION REPORT

2011/2012


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TABLE OF CONTENT

FOREWORD .. .. .. .. .. .. .. .. .. iii

LIST OF TABLES .. .. .. .. .. .. .. .. v

1.0 INTRODUCTION .. .. .. .. .. .. .. .. 1

2.0 LABOUR LAW PROFILE .. .. .. .. .. .. 4

2.1 Employment and Labour Relations Act No. 6/2004 .. 5

2.2 Labour Institutions Act No. 7/2004 .. .. .. .. 5

2.2.1 Labour, Economic and Social Council .. .. 5

2.2.2 Commission for Mediation and Arbitration .. 6

2.2.3 Wage Boards .. .. .. .. .. .. 6

2.2.4 Essential Services Committee .. .. .. 6

2.2.5 Labour Court .. .. .. .. .. .. 7

2.2.6 Labour Administration and Inspection Services .. 7

2.3 Social Security (Regulatory Authority) Act No. 8/2003 .. 11

2.4 Workers Compensation Act No. 20/2008 .. .. .. 11

2.5 Occupation Safety and Health Act No. 5/2003 .. .. 12

3.0 ACTIVITIES PERFORMED .. .. .. .. .. .. 12

3.1 Department of Labour .. .. .. .. .. .. 12

3.1.1 Labour Inspections .. .. .. .. .. 12

3.1.1.1 Level of Compliance .. .. .. .. 17

3.1.2 Prosecutions .. .. .. .. .. .. 20

3.1.3 Prevention of Child Labour .. .. .. .. 22

3.1.4 Notified Work Accidents .. .. .. .. 27

3.1.5 Collective Bargaining .. .. .. .. .. 28

3.1.6 Awareness Raising .. .. .. .. .. 31

3.1.7 Training .. .. .. .. .. .. .. 33


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3.1.7.1 Labour Officers .. .. .. .. .. 33

3.1.7.2 Secretariats of Tripartite bodies

(LESCO and Wage Boards) .. .. .. .. 33

3.1.7.3 Members of Wage Boards and LESCO.. 34

3.1.8 Labour Officers Annual Meeting. .. .. .. 34

3.1.9 Social Dialogue .. .. .. .. .. .. 35

3.1.10 Office Rehabilitation .. .. .. .. .. 36

3.1.11 International Meetings .. .. .. .. 38

3.1.12 Publication .. .. .. .. .. .. 40

3.2 Occupational Safety and Health Authority .. .. .. 40

3.3 Commission for Mediation and Arbitration .. .. .. 41

4.0 CONCLUSION .. .. .. .. .. .. .. .. 42


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FOREWORD BY THE LABOUR COMMISSIONER.

The Department of Labour hereby presents its Annual

Report in terms of article 20 of the ILO Convention No. 81

on the Labour Inspection. This report reflects on Labour

administration and inspection services delivered in

year 2011/12 with a focus on Ministrys Strategic

Plan 2010 2015. The Department has, in this financial

year realigned its objectives and resources to contribute

effectively to Government strategic priorities and service

delivery outcomes that are set for the Department of

Labour (DoL) during 2011 to 2012 period.

Great strides have been made to create harmonious industrial relations that

is conducive to economic growth, investment and the promotion of decent

work as demonstrated among others by the following activities:

Prevention of Labour disputes and promotion of Industrial

harmony through Labour inspections.

Coordinating effectively tripartite forums and promotion of social

dialogue

Extending Social Security coverage to uncovered population in

the formal and informal sector.

Elimination of worst forms of child labour

Awareness creation on Labour Laws and Employment

Standards

Strengthening Capacity of the Labour Department

Saul H. Kinemela

Labour Commissione


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I would like to take this opportunity to extend my sincere thanks and

appreciation of the support by Hon. Minister for Labour and Employment;

Hon. Deputy Minister for Labour and Employment; The Permanent

Secretary; Social Partners, ILO, all institutions and Public Entities reporting

to the Executive Authority, and last but not least all staff in the Department

for their valuable contributions towards realization of our objectives.

However we shouldnt lose sight on the fact that employers and workers

are now calling for better resources for Ministry of Labour and Employment;

promotion of fairness; level playing field and to make decent work a reality.

I hope this report will bring the efficiency of Labour Administration and

Inspection to the forefront of the debate on good governance in the world of

work.


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LIST OF TABLES.

Table 1: Distribution of Labour Officers by office .. .. .. 10

Table 2: Number of Inspections by Sector .. .. .. .. 13

Table 3: Provisions Contravened by Sector .. .. .. .. 15

Table 4: Compliance Orders issued by Sector .. .. .. .. 19

Table 5: Number of prosecutions by Sector and Regions .. .. 21

Table 6: Number of Children identified by Region .. .. .. 23

Table 7: Number of children prevented from worst forms of

child labour by Region .. .. .. .. .. .. 24

Table 8: Number of children withdrawn from worst forms of

child labour by Region .. .. .. .. .. .. 25

Table 9: Number of children provided with support services .. 26

Table 10: Accidents reported and Compensation paid by Sector .. 27

Table 11: Number of Collective Bargaining Agreement lodged.. 29

Table 12: Number of social partners sensitized by Region .. .. 32


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1.0 Introduction.

Labour inspection has been viewed as an important way of ensuring that

labour standards as enshrined in the International Labour Organization

(ILO) Conventions and corresponding national laws are adhered to. Central

to Labour inspection is ILO Convention, 1947 (No. 81). This convention,

calls for labour inspectors to play an active role in the enforcement of

labour legislation. The convention assigns three basic missions to labour

inspectors; to secure the enforcement of the legal provisions relating to

conditions of work and the protection of workers while engaged in their

work, such as provisions relating to hours, wages, safety, health and

welfare, the employment of children and young persons, and other

connected matters, in so far as such provisions are enforceable by labour

inspectors; to supply technical information and advice to employers and

workers concerning the most effective means of complying with the legal

provisions; to bring to the notice of the competent authority defects or

abuses not specifically covered by existing legal provisions.

Labour inspection is a public function hence a responsibility of the

Government. It forms part of labour administration function that ensures

adherence to labour laws at work places. Its main role is to influence the

social partners on the need to observe labour laws, rules and regulations at

work places for their mutual interest.

Labour inspection ensures that labour laws are given practical effect and

become actual standard for workers and employers. It aims at monitoring

compliance with labour legislation.


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In Tanzania mainland, the administration of labour inspection is vested to

the Labour Department under the Ministry of Labour and Employment. The

Ministry is endowed with the following responsibilities;

i. To develop, monitor, implement and review labour policies,

legislations, standards and guidelines;

ii. To develop mechanism for ensuring the adherence of local and

international labour standards and fostering international

cooperation in labour matters;

iii. To coordinate and supervise public and private social securityschemes in the country.

iv. To develop and review employment policies, acts, regulations and

guidelines on employment matters and monitor their

implementation;

v. To provide guidelines on employment facilitation and regulatory

service for local and cross-border employment;

vi. To analyze and review Labour Market Information policies, laws

regulations and strategies;

vii. To analyze and advise on conducive macro-policies for

employment creation in the formal and Informal sectors; and

viii. To review, update and promote use of national Standard

Classification of Occupation Dictionary (TASCO) in accordance

with International Standard Classification of Occupation (ISCO).


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ORGANIZATION STRUCTURE OFTHE MINISTRY OF LABOUR AND EMPLOYMENT

MINISTER

PERMANENT SECRETARY

LABOUR, ECONOMIC AND

SOCIAL COUNCIL

CHAIR PERSON

TRADE UNIONS ANDEMPLOYERS ASSOCIATION

REGISTRATION UNIT

REGISTRAR

ADMINISTRATION AND HUMANRESOURCE MANAGEMENT DIVISION

DIRECTOR

POLICY AND PLANNING DIVISION

DIRECTOR

PROCUREMENT MANAGEMENT UNIT

PRINCIPAL SUPPLIES OFFICER

TANZANIA EMPLOYMENT SERVICESAGENCY (TaESA)

OCCUPATIONAL SAFETY AND

HEALTH AGENCY (OSHA)

FINANCE AND ACCOUNTS UNIT

CHIEF ACCOUNTANT

INTERNAL AUDIT UNIT

CHIEF INTERNAL AUDITOR

GOVERNMENT COMMUNICATION UNIT

PRINCIPAL INFORMATION OFFICER

LEGAL SERVICES UNIT

PRINCIPAL LEGAL OFFICER

LABOUR DIVISION

COMMISSIONER

EMPLOYMENT DEVELOPMENTDIVISION

DIRECTOR

LABOUR RELATIONS SECTION

LABOUR INSPECTION

SECTION

SOCIAL SECURITY SECTION

EMPLOYMENT PROMOTIONSECTION

EMPLOYMENT SERVICES

MANAGEMENT SECTION

INFORMATION AND COMMUNICATIONTECHNOLOGY UNIT

PRINCIPAL COMPUTER SYSTEMS

ANALYST


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2.0 Labour Law Profile

In 2001, the Government through the Ministry of Labour,

Employment and Youth Development (as it then was) in collaboration

with International Labour Organization under the project of

Strengthening Labour Relations for East Africa (SLAREA) embarked

on a labour law reforms as a result of global social and economic

transformation. The project was one among a number of projects

funded by the United State of America - Department of Labour

(USDOL) in promotion of the ILO declaration on fundamental

principles and rights at work.

The Ministry formed a labour law task force to carry out an extensive

analysis of the old labour regime and came out with

recommendations as a way forward. The recommendations and

findings of the task force necessitated repealing of the following laws;

i. Employment Ordinance (Cap. 366)ii. Regulation of Wages and Terms of Employment Ordinance

(Cap 300)

iii. Wages and Salaries (General Revision) Act No. 22 of 1974

iv. Trade Union Act, 1998 Act No. I 0 of 1998

v. Security of Employment Act (Cap. 574)

vi. Severance Allowances Act (Cap. 487)

vii. Industrial Court of Tanzania Act No. 41 of 1967.

The labour law reform programme phase one resulted into enactment

of two pieces of legislation namely;


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2.1 Employment and Labour Relations Act No.6 of 2004.

This Act makes provisions for core labour rights,

establishes basic employment standards, provide a

framework for collective bargaining, and mechanisms for

prevention and settlement of labour disputes.

2.2 Labour Institutions Act No.7 of 2004.

The Act provides for the establishment of labour

Institutions basically to implement Policies and laws bornout of labour legislation reforms, their functions, powers

and to provide for other matters related to them. There are

six established institutions under the Act namely;

2.2.1 Labour Economic and Social Counci l

The council is established under section 3 of the Act

as a tripartite plus Consultative organ in Labour policy

and other operational matters relating to Labour Law

in the country. Members to the council are drawn from

the Government, Employers and Employees

Organizations and Professionals from different fields

and are to serve for a term of three years subject to

renewal at the expiry of their office tenure. However

they are not employees of the council. The council

has both advisory and administrative functions.

2.2.2 Commiss ion for Mediation and Arbitration


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Commission is established under Section 12 of the

Act. The commission has jurisdiction on all labour

disputes which are not exclusively vested to the High

Court of Tanzania- Labour Division hence a quasi-

judicial body.

2.2.3 Wage Boards

Appointment of Wage boards is done by the Minister

responsible for Labour matters as provided for under

section 35 of the Act. The Boards are vested withpowers to investigate on remuneration, terms and

condition of employment in a given sector and report

back to the Minister on their findings and

recommendations. The said Boards are tripartite in

nature.

2.2.4 Essential services Committee

The committee is established under section 29 of the

Act and is composed of tripartite members. Essential

Services in terms of S. 77 (2) of the Act are; water and

sanitation, electricity, health services and associated

laboratory services, fire-fighting services, air traffic

control and civil aviation telecommunications and any

transport services required for the provision of these

services.


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In addition to those services; the committee is

empowered to designate any other services as

essential in case of which any interruption may

endanger personal safety or health of the population.

2.2.5 Labour Court

The Labour Court is a Division of the High Court of

Tanzania established under section 50(1) of the Act. It

is a specialized court vested with, exclusive civil

jurisdiction over matters arising from Labour Laws.

In adjudicating disputes, the Court is constituted when

presided over by a Judge assisted by two assessors.

These assessors are drawn from a list of persons

representing employers and employees through their

respective associations/Unions respectively. Parties

are however free in any case, to choose to proceed

without assessors.

2.2.6 Labour Adminis tration and Inspection

The Labour Administration and Inspection is

responsible for administering Labour Laws in

Tanzania Mainland as provided for under S.43 of the

Act. The basic endeavor is to minimize labour

disputes and sustain employee and employer

harmonious relations in a decent working

environment.


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The department is headed by the Labour

Commissioner who is vested with powers to

administer labour laws assisted by three Assistant

Labour Commissioners. The administrative

organization constitute 3 sections at the head office

level; Labour Relations, Labour Inspections and

Social Security supported by a network of 32 area

offices across the country with a total of 71 Labour

Officers. Powers of Labour Officers are provided forunder Section 45 of the Act.


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The organizational structure of the Department of Labour

ASSISTANT LABOURCOMMISSIONER

(LABOURINSPECTION)

ASSISTANTLABOUR

COMMISSIONER(SOCIAL SECURITY)

ASSISTANT LABOURCOMMISSIONER

(LABOUR

RELATIONS)

LABOURCOMMISSIONER

LABOUR OFFICERS


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Table 1 The distribution of Labour Officers by Office

S/NO. OFFICE NUMBER OF LABOUROFFICERS

Males Females Total1 Headquarters 10 5 15

2 Dar es Salaam 3 5 8

3 Temeke 1 4 5

4 Kibaha 3 - 3

5 Morogoro 1 1 2

6 Kilosa - - -

7 Ruaha 1 - 1

8 Ifakara 1 - 1

9 Tanga 2 1 3

10 Lushoto - - -

11 Korogwe 1 - 1

12 Muheza 1 - 1

13 Arusha & Manyara 3 1 4

14 Musoma 1 - 1

15 Mwanza 1 2 3

16 Shinyanga 2 - 2

17 Kahama 1 - 1

18 Tabora 1 - 1

19 Kigoma - 1 120 Dodoma - 1 1

21 Singida 1 1 2

22 Iringa 2 - 2

23 Mafinga 1 - 1

24 Njombe 1 - 1

25 Songea 1 - 1

26 Lindi 1 - 1

27 Mtwara 1 - 1

28 Sumbawanga 2 - 229 Mbeya 2 - 2

30 Tukuyu 1 - 1

31 Same 1 - 1

32 Moshi 1 1 2

TOTAL 48 23 71


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The Labour Law Reform Programmes Phase II, led into enactment of

three pieces of legislation namely;

2.3 Social Security (Regulatory Authori ty) Act No.8 of 2008

The Act provides for the regulation of the social security

sector in the country. The Regulatory Authority is now in full

operation.

2.4 Workers Compensation Act No. 20 of 2008

The Act provides for compensation payments to employeesdue to disablement or deaths caused by or resulting from

injuries or diseases sustained or contracted in the course of

employment and establishment of the Fund for

administration and regulation of workers compensation.

However the Act is not yet into operation.

In devoid of the operation of Act No. 20 of 2008,

compensation matters are still being dealt with under the

Workers Compensation Act Cap. 263 Revised Edition

2002 (R.E 2002) and the Accidents and Occupational

Diseases (Notification) Act Cap.330 (R.E 2002). By virtue

of those two Acts, Labour Officers are empowered to

administer compensation matters.


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2.5 Occupational Safety and Health Act No. 5/2003

The Act provide for safety, health and welfare of persons at

work in factories and other places of work; also protection of

persons other than persons at work against hazards to

health and safety arising out of or in connection with

activities of persons at work; and other connected matters.

3.0 ACTIVITIES PERFORMED.

3.1 Department of Labour

3.1.1 Labour InspectionsThe core activity of the department is enforcement of

the provisions of the labour legislation mainly through

Labour Inspections.

During the financial year 2010/11, the department

planned to carry out 6,200 Labour Inspections at

workplaces all over the country. However due to

bottlenecks faced which include but not limited to

financial constraints the department managed to carry

out only 2,401inspections which is 38.7% of the

target.


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Table 2: Number of Inspections by sector.

Inspecti

on Type Health

Agriculture

Commerce,

Industryand

Transportand

Communicatio

n

Hoteland

Domestic

Services

PrivateSecurit

y

Services

OtherEconomic

Activities

Total

RoutineInspection 50 47 320 53 820 153 141 1584

Follow upInspection 23 30 145 10 384 94 54 740

Reactive/SpecialInspection 4 3 20 23 15 7 5 77

Total 77 80 485 86 1219 254 200 2401


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Table 3. Provisions contravened by sector .

S/N Provision No. of Contraventions

TOT

AL

Industryand

Trade

Agriculture

Transport

Communicatio

Mining

Hotels&

Domestic

services

Marine

&

Fishin

Construction

Education

Private

security

Health

Ener

1. MinimumWage

7 2 3 39 1 3 4 1 60

2. Right to joinand formTrade Union

1 1

3. Deductions ofWages

1 1 1 9 2 1 15

4. Contracts ofServices

42 5 4 2 39 3 7 8 2 112

5. Working

Hours

5 2 28 3 1 39

6. Plan topromoteequalopportunity

19 1 4 1 9 1 4 39

7. Workplacepolicy forHIV/AIDS

21 1 4 1 14 2 5 48

8. Leave 28 2 2 36 1 4 3 1 77

9. Discriminatio

n

2 2

10. Overtimepayment

6 2 1 8 2 19

11. Night workallowances

15 1 1 8 1 2 1 29

Total 147 17 19

4 1 190 0 9 32 17 5 0 441


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It can be deduced from the table and chart above that, 29% of

contraventions of the Labour Laws by employers was on preparing and

issuing of copies of employment contracts to respective employees.


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The above pie chart shows the level of Contravention of provisions of

Labour laws by sectors in Tanzania mainland whereby Hotels and

Domestic services are ranking high by forty three percent (43%).


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3.1.1.1 Level of Compl iance

Labour Inspection conducted during the year

2010/2011 shows among other things that the level of

compliance varies from one sector to another as

indicated in the table below. This is attributed to a

number of factors including low level of awareness on

Labour Laws amongst some employers and workers,

insufficient Labour Inspection visits and deliberate

violation of the labour law by few employers. In other

words corrective measures born out of Inspectionvisits are not that much fruitful due to what has

already been discussed in Para 3.1 of the report.

However deliberate efforts are being made in

collaboration with social partners to see to it that

enterprises with high labour forces are timely getting

due Labour Inspection visits.

Notwithstanding what has been revealed above;

employers found to contravene provisions of the law

were required to rectify the situation through

Compliance Orders. The table below shows

Compliance Orders issued by sector.


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Table 4: Compliance Orders issued by Sector (2011/12)

S/N Region

TOTAL

Industry

and

Trade

Agriculture

Transport

Communicatio

Mining

Hotels

&

Domestic

Marine

&

Construction

Education

Privatesecurity

Health

Energy

1. Dsalaam

5 1 1 1 8

2. Arusha 3 1 6 1 11

3. Mwanza 20 1 16 1 1 2 1 42

4. Mbeya 2 3 1 6

5. Tanga 31 2 4 6 1 3 2 49

6. Morogor

o

8 5 2 15

7. Kagera 2 1 1 4 8

8. Tabora 1 1

9. Shinyan

ga

1 1

10 Lushoto 1 1

11 Moshi 1 1 1 3

12 Temeke 1 1 2

13 Muheza 2 2

Total 147


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3.1.2 Prosecution

Taking into account of the contents in the labour

Inspection (Agriculture) Convention, 1969 (No. 129)

prevention is preferred to as opposed to sanction or

punishment. In most cases a modern system of

Labour Inspection need to be that of proactive

process through which prevention control methods on

what is likely to constitute a threat as far as industrial

harmony is concerned are applied.

On the other hand prosecution measures cannot

absolutely be ruled out due to different attitudes

mostly by some employers. To that end during the

period being reported upon, fifteen (15) employers

throughout the country were brought before courts of

Law for the following offences under the Labour

legislation.

Failure to notify accident arising out of

employment (one case),

Obstructing Labour Officers to performf their

duties (one case),

Failure to comply with lawful orders (seven

cases),

Failure to pay minimum wage (four cases).


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On the other hand, one conviction was secured

whereby a fine of Tshs. 500,000 equivalent to

USD 136 was imposed and paid accordingly.

Two cases were withdrawn after being settled

out of court. Trials on the remaining twelve

cases are ongoing.

Table 5. Number of Prosecutions by Sector and Regions.

S/N Region

TOTAL

Industry

and

Trade

Agriculture

Transport

Communicati

Mining

Hotels

&

Domestic

Marine

&

Fishin

Construction

Education

Private

securit

Health

Energy

1 Arusha 4 4

2 Mwanza 1 2 3

3 Mbeya 1 1 1 3

4 Morogor

o

1 3 4

5 Temeke 1 1

Total 15


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3.1.3 Prevention of Child Labour

Child labour continues to pose a challenge in

agriculture, mining, fishing, manufacturing,

construction, transport and domestic sectors

throughout the country. The Government in

collaboration with stakeholders such as ILO, UNICEF,

FAO, TUCTA, ATE and others, has been taking

various pro-active measures to tackle the problem.However, considering the magnitude and extent of the

problem and that it is essentially a socio-economic

one linked to poverty and illiteracy, concerted efforts

are required from the society at large to address it

effectively.

During the year 2011/12 a total of 17,243 children

were withdrawn from the worst forms of child labour

and 5073prevented from engaging in the worst forms

of child labour1. Out of 22,316 children (withdrawn and

1 Worst forms of Child Labour comprises: (a) all forms of slavery or practices similar to

slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced orcompulsory labour, including forced or compulsory recruitment of children for use in armedconflict; (b) the use, procuring or offering of a child for prostitution, for the production ofpornography or for pornographic performances; (c) the use, procuring or offering of a child forillicit activities, in particular for the production and trafficking of drugs as defined in the relevantinternational treaties; (d) work which, by its nature or the circumstances in which it is carried out,is likely to harm the health, safety or morals of children. Articile 3 of Convention 182 / 1999.


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prevented) 10,050 were provided with the following

alternative activities;-

Vocational training - 5,410 Normal primary school education - 2,402

Agriculture (Shamba darasa) trainings - 1,003

Primary education (Complimentary Basic

Education and Training) - 1,235

Strategies are on going to place the remaining

12,266 children into other alternatives.

Table 6: Number of children identif ied by Region

Region

No. Of Children Identified in Child Labour

Male Female Total

Lindi 749

Iringa 2,566 1091 3657

Tabora 11179 9505 20684

Total 25090


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A total of 25,090 children were identified to be engaged in child labour and

its worst forms as shown in the table and pie chart above whereby Tabora

region lead by 82.44% from few regional data received as shown in table 6.

Most of these children were engaged in agriculture activities (tobacco

farms)

Table 7: Number of children prevented from Worst Forms of ChildLabour by Region

Region

No. of Children Prevented

Male Female Total

Mwanza 4285

Tanga 26Shinyanga 76 135 211

Iringa 258 247 505

Kagera 36

Temeke 30


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Table 8: Number of children withdrawn from Worst Forms of ChildLabour by Region

Region

No. of Children Withdrawn

Male Female Total

Mwanza 1000Lindi 15 17 32

Iringa 143 316 459

Kagera 85

Tabora 8216 7414 15630

Temeke 37


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Table 9: Number of Children provided with SupportServices/Alternative by Region

Region

Number

Male Female TotalMwanza 4285

Tanga 20

Shinyanga 76 135 191

Iringa 679 722 1401

Kagera 92

Tabora 4056

Temeke 5


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3.1.4 Notif ied Work Accidents

During 2011/12, a total of 124 accidents were notified

to the Department. The table below shows the number

of accidents reported by sector and compensation

paid in local currency,

Table 10: Accidents reported and compensation paid by

Sectors

S/No. SECTOR No. Accident Amount Paid

1 Agriculture 20 3,669,056.00

2 Industry and Trade 89 50,030,569.244 Construction 19 4,885,660.00

5 Mining 6 121,708,511.75

8 Private Security 2 338,790.82

10 Health 1 108,000.00

Total 137 180,740,587.81

Source: Area Labour Offices

The Chart shows accidents occurrence per Sector


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3.1.5 Collective Bargaining

The department has been promoting Collective

bargaining at sectoral level as a means of ensuring

stability in industrial relations. 98 collective bargaining

agreements were concluded at work place level and

lodged to the Labour Commissioner.

The table below shows lodged collective bargaining

by sector.


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Table 11. Number of Collective Bargaining Agreements Lodged.

S/N Region

Sector TO

Industry

andTrade

Agricultur

Transport

Communi

Mining

Hotels

&

Domestic

Marine

&

Construct

Educatio

Private

Health

Energy

1. Dsalaam 40 1 10 2 2 2 0 0 0 0 3 2 62

2. Arusha 3 0 0 0 0 1 0 0 0 0 0 0 4

3. Mwanza 1 0 0 0 0 0 0 0 0 0 0 0 1

4. Mbeya 1 0 0 0 0 0 0 0 0 0 0 0 1

5. Tanga 0 0 1 0 0 0 0 0 0 0 0 0 1

6. Morogoro 0 0 0 0 0 0 0 0 0 0 0 0 1

7. Mara 1 0 0 0 0 0 0 0 0 0 0 0 1

8. Kigoma 1 0 0 0 0 0 0 0 0 0 0 0 1

9. Rukwa 0 0 0 0 0 0 0 0 0 0 1 0 1

10. Iringa 1 1 0 0 0 0 0 0 0 0 0 0 2

11. Singida 3 1 0 0 0 0 0 0 0 0 0 0 2

12. Pwani 1 1 0 0 0 0 0 0 0 0 0 0 2

13. Kagera 1 1 0 0 0 0 0 0 0 0 0 0 2

14. Songea 0 0 0 0 0 0 0 0 0 1 0 0 1


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15. Tabora 2 0 0 0 0 0 0 0 0 0 0 0 2

16. Shinyanga 2 0 0 0 0 0 0 0 0 0 0 0 2

17. Lindi 2 0 0 0 0 0 0 0 0 0 0 0 2

18. Mtwara 0 0 0 0 0 0 0 0 0 0 0 1 1

19. Dodoma 2 0 0 0 0 0 0 0 0 0 0 0 2

20. Moshi 1 0 0 0 0 0 0 0 1 0 0 1 3

21. Temeke 1 0 0 0 0 0 0 0 0 0 0 0 1

23 Ruvuma 0 0 0 0 0 0 0 0 0 0 2 2Total 63 5 11 2 2 3 0 0 1 1 6 4 9

Number of Collective bargaining agreements lodged


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3.1.6 Awareness raising

In its efforts to promote and maintain industrial

harmony at workplaces; the department has been

taking various initiatives in raising awareness of the

Labour Laws to employers, workers and the general

public. This has been done through training sessions,

distribution of brochures, exhibitions and

commemorations also media programmes.

A total of 8000 brochures on grievances handlingprocedures, child labour, working hours, redundancy

procedures, social security and maternity protection

were printed and disseminated.

The department participated in various public

exhibitions and commemorations such as Mwalimu

Nyerere International Trade Fair (Sabasaba), Farmers

exhibition (Nanenane), Public Service Week and Child

Labour Day whereby advice and clarifications on the

requirements of the labour laws were provided to

6850 people who paid a visit to the Ministrys pavilion.

A total of two hundred and fifty six (256) employers

and four thousands and twenty eight (4028)

employees from different sectors were sensitized on

Labour Laws.


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The table below shows the number of social partners sensitized.

Table 12. Numbers of social partners sensitized.

S/No

REGION No. OfEstablish

ments(Compani

es)-Employer

s

No. of Employeessensitized

SECTOR

M F TOTAL

1 Mwanza 4 92 27 119 Industry and Trade

2 Mbeya 36 25 28 53 Industry and Trade, Health,Agriculture and Education

3 Tanga 50 631 Industry and Trade

4 Korogwe 8 293 274 567 Industry and Trade, Health,Agriculture, Education andHotels & Domestic services

5 Mara 23 125 40 165 Public Security, Industryand Trade, Constructionand Hotels & Domesticservices

6 Temeke 15 507 Mafinga 8

8 Muheza 138 95 233 Agriculture and Industryand Trade

9 Kilimanjaro

6 81 33 114

10 Singida 40 88 169 257 Agriculture and Industryand Trade

11 Sumbaw

anga

- 581 151 732 Industry and Trade, Health,

Agriculture, Education andHotels & Domestic services

12 Morogoro

5 160 122 282 Agriculture, NGOs andPublic Sector (Government)

13 Ruaha 11 25 18 43 Industry and Trade

14 Kibaha - 22 2 24

15 Dodoma 27 473 159 632 Industry and Trade,


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Health, Private Security,Education and Hotels &Domestic services andNGOS

16 Tukuyu 20 8 2 10 Industry and Trade,Health, Private Security,Hotels & Domestic servicesand NGOS

17 Same 3 56 60 116 Agriculture and Industryand Trade

TOTAL 256 4028

3.1.7 Trainings/Capacity build ing

3.1.7.1 Labour off icers

Seventy one (71) Labour officers were trained

on building modern and effective Labour

Inspection systems as well as soft skills in

effective communication based on International

Labour Organisation Curriculum. Among them

15 were trained as trainers.

3.1.7.2 Secretariat of Triparti te Bodies (LESCO an

Wage Boards).

Fifteen (15) secretaries were trained on Roles

and functions of secretariat to the national social

dialogue Institutions, comparative models of

social dialogue and ILO standards and

principles of Social Dialogue.


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3.1.7.3 Members of the Wage Boards and LESCO.

Ninety six (96) members of the wage boards

were trained on minimum wage fixing and social

dialogue.

Seventeen (17) Members of LESCO were

trained on social dialogue, tripartism and

tripartite consultations.

The trainings above were a result of financial and

technical support by the US department of labour

through the programme on Improving labour law

compliance in the country.

3.1.8 Labour Officers Annual meeting;

The Department conducted a three days annual

meeting for Labour Officers which was attended also

by Hon. Minister for Labour and Employment, Hon.

Deputy Minister, Permanent Secretary and Heads of

different Labour Institutions and Departments within

the Ministry.

The objectives of the meeting were to review

performance of the departments activities, sharing

experience, knowledge and information on current

labour administration and inspection issues.


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3.1.9 Social Dialogue

Social dialogue as defined by ILO includes all types of

negotiation, consultation or exchange of information

between or among representative of governments,

employers and workers on issues of common interest

relating to economic and social policy.

To enhance this suitable tool which is vital for

promotion of social justice, living and workingconditions at work places, the Minister responsible for

labour matters did in September, 2011 appoint and

inaugurate twelve wage boards in respect of the

following sectors:

(i) Agriculture

(ii) Health services

(iii) Trade, Industries and commercial services

(iv) Communication

(v) Fishing and Marine services

(vi) Domestic and Hospitality services

(vii) Transport

(viii) Construction

(ix) Energy

(x) Private schools

(xi) Private security

(xii) Mining


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In the same spirit the Labour, Economic

and Social Council (LESCO) held four

meetings whereby, issues deliberated upon

included amendment of social security

legislations to align with Social Security

(Regulatory Authority) Act, 2008, amendment

of S.14 (1) (B) of Employment and Labour

Relations Act No. 6 2004, deliberations on ILO

Recommendation No.200/2010 regarding

HIV/AIDS at workplace, and approval ofLESCO annual reports for the year 2006/7,

2007/8, 2009/10.

3.1.10 Office Rehabi litation

In its efforts to improve working environment; the

Ministry managed to rehabilitate five (5) Area Labour

offices and provided them with means of transport

(Cars), furniture and Computers with their

accessories.


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The photograph below shows one of the rehabilitated offices.

KAGERA LABOUR OFFICE

Before Rehabilitation

After Rehabilitation


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3.1.11 International Meetings

The department attended the following International

forums on Employment and Labour matters:

3.1.11.1 312th Session of the Governing Body of the

ILO Conference in Geneva, March, 2012.

Deliberations of the meeting centered among

other things on Green Jobs, Decent Work and

Sustainable development; policy coherence in

the multilateral system and measuring decent

work.

3.1.11.2 313th Session of the Governing Body and

International Labour Conference in Geneva,

June, 2012. The meeting was preoccupied with

process of appointment of the Director General

of ILO. Among other things Tanzania was

elected as an interim coordinator of the African

group of Government members of the

Governing Board. Follow up to the HIV and

AIDS Recommendation, 2010 (No. 2000) was

also in the agenda.


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3.1.11.3 101st Session of the International labour

Conference.

Agenda item of the meeting placed for

discussion included elaboration of an

autonomous Recommendation on the Social

Protection floor, Discussion on the youth

employment crisis and recurrent discussion on

the strategic objective of fundamental

principles and rights at work, under the follow

up to the ILO Declaration in Social Justice fora fair Globalization.

3.1.11.4 East African Community meetings on

negotiations for the betterment of the

Community.

3.1.11.5 SADC Meeting on strengthening Labour Marketinformation system Held in Victoria Falls

Zimbabwe.

3.1.11.6 SADC Technical meeting held in Botswana on

Employment issues; to review instruments of

HIV/AID at work places, child labour monitoring

and employment and labour protocol.


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3.1.12 Publications

Informative materials on the following topics were

published and disseminated to social partners:

i. Maternity Protection Rights at work.

ii. List of Hazardous Work for a Child.

iii. Hours of work in Kiswahili language

iv. Labour dispute prevention in Kiswahili language

v. Grievances handling and settlement

procedures also in Kiswahili language.

3.2 Occupational Safety and Health Authori ty

During the financial year 2011/2012 the authority

conducted the following activities:-

A total of 5600 general workplace Inspections were

conducted which is 80% of the planned 7,000

Inspections.

Special 11,900 inspections (i.e electrical, Boiler, air

receiver, lifting appliances) were conducted which is 85%

of the planned 14,000 Inspections.

Medical examinations were carried out on 14000 workers

out of the earmarked 13,000 workers which is 107.9% of

the target set.

A total of 770 workers were sensitized on safety and

health at workplaces.


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In the course of executing its functions, the Authority noted

some irregularities for instance; non registration of workplaces,

failure to notify occupational accidents and diseases, and

failure to adhered to health and safety regulations. Measures

taken to rectify the situation include awareness raising on

safety and health regulations also sixteen employers were

brought before courts of law for contravention of the laws

pertaining to safety and health matters. Legal proceedings were

still ongoing by the time of preparing the report.

3.3 Commission for Mediation and Arbitration

During the period covered by this report, the Commission

dealt with a total of 4,039 disputes 2487 of them by way of

mediation and1552 by arbitration.

According to the Commissions report for the year 2011/2012

Sectors ranking high in labour disputes (chronologically) are:

Industry and Trade

Private security

Hotel and Domestic services

Construction

Education

Agriculture

Transport

Mining

Communication

Health


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Marine and Fishing

Energy

4.0 CONCLUSION

The fact that the Government of the United Republic of Tanzania

ratified ILO Convention 81 on Labour Inspection, re-affirms its

Commitments to maintain a national system of Labour Inspection

and re-enforcing the important role played by labour inspectors as

guarantors of Labour Law compliance and workers protection.

Notwithstanding the above commitment, there are challenges

facing the inspectorate functions and which are outside the

Ministrys scope. To a greater extent, the said challenges are a

result of financial constraints faced.

Further more, Legislative reforms in business and employment

practices, new technologies which are creating new categories of

jobs, outsourcing and complex supply chains are new challenges

in the field of Labour inspection making monitoring of working

conditions increasingly difficult.

To address the situation, we need a global approach; adequate

budget, improved data collection, and campaign on labour laws

compliance by involving social partners. It goes without saying

therefore that, the ILO remains to be a reliable point to turn to, for

Annual Labour Administration and Inspection Report

Documents

Transcript of Annual Labour Administration and Inspection Report