Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

Scope of the Convention. The Committee previously requested the Government to include members of the prison service and exclude only the military members of the national service from the scope of the Employment and Labour Relations Act (ELRA) (No. 6 of 2004), by amending sections 2(1)(ii) and 2(1)(iv) (now sections 2(1)(a) and 2(1)(d) of the ELRA 2023) respectively. The Committee notes the Government’s indications that: (i) measures to bring the legislation into conformity with the Convention have been initiated and that it is in the process of implementing recommendations submitted by the Commission on Criminal Justice Reforms, which include matters relating to the Tanzania Prison Service; and (ii) this matter will be discussed in the forthcoming meetings of the National Tripartite Council (LESCO), with a view to ensuring that civilian personnel in the armed forces enjoy the rights and guarantees set out in the Convention. The Committee trusts once againthat the Government will take the necessary legislative measures, in consultation with social partners, to bring the national legislation in conformity with the Convention. The Committee requests the Government to provide information on any progress made in this regard.

Article 4 of the Convention. Legislation on collective bargaining. In its previous comments, the Committee requested the Government to take the necessary measures to: (i) amend section 57 of the Labour Relations Act, 2005 (LRA) to remove any ambiguity concerning the meaning of the term “majority” and to clarify 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 renewed request for technical and financial assistance from the Office to review and amend all labour laws. The Committee trusts that the Government will take the necessary steps, in consultation with the social partners and the technical assistance of the Office, 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.

Compulsory arbitration. In its previous comment, the Committee reiterated its request for 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, particularly by amending sections 17 and 18 of the Public Service (Negotiating Machinery) Act 2003 (now sections 17 and 18 of the Public Service (Negotiating Machinery) Act 2023). The Committee notes the Government’s indication that the proposed amendments will be discussed in the forthcoming meetings of the LESCO, with a view to bringing the legislation into conformity with the Convention. The Committee trusts that the Government will take the necessary legislative measures, in consultation with social partners, to bring the national legislation in conformity with the Convention. The Committee requests the Government to provide information on any progress made in this regard.

Collective bargaining in practice. The Committee takes due note of the Government’s indication that between July 2024 and June 2025, 50 collective agreements were registered between the Tanzania Union of Industrial and Commercial Workers (TUICO) and various companies in diverse sectors (plantation and agriculture (5), communication and transportation (2), mining, energy and construction (2)). The Committee requests the Government to continue providing information on the number of collective agreements signed and in force in the country, indicating not only the sectors concerned but also the number of workers covered by these agreements. The Committee further requests the Government to report on any measures taken to promote the full development and utilization of collective bargaining under the Convention.