Equal Remuneration Convention, 1951 (No. 100) - United Republic of Tanzania (Ratification: 2002)

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1)(a). Discrimination based on sex. Job advertisements. The Committee notes that, in its report, the Government informs about some initiatives undertaken in collaboration with the social partners, including the development of a guide for employers on “Promoting Equal Opportunity and Elimination of Discrimination at Work places” and awareness-raising activities, involving also civil society and non-governmental organizations, with the aim to ensure that the principle of non-discrimination on the grounds of sex is effectively applied in hiring and advertising practices,. The Government also refers to the appointment of female Ministers in most of the strategic Ministries, which has resulted into a national level campaign to empower girls and women and inspire them to take different post, position and jobs which traditionally were occupied by men. The Committee encourages the Government to continue to take proactive measures to ensure that equality of treatment and opportunity between men and women is ensured in the recruitment phase and sex discriminatory hiring and advertising practices are effectively eliminated, and requests it to monitor job advertising to detect and address any violations of the principle of the Convention and provide information on the steps taken in this regard and their outcome.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Government indicates that, in collaboration with social partners, conducted training aiming at building employers’ capacity to develop and register plans to prevent and address sexual harassment, in line with sections 7(1) and 7(2) of the Employment and Labour Relations Act. The Committee wishes: (1) to recall the gravity of sexual harassment, as it undermines equality at work by calling into question the integrity, dignity and well-being of workers; and damages an enterprise by weakening the bases upon which work relationships are built and impairing productivity; and (2) the importance of implementing effective and regular prevention measures, adopting clear procedures for reporting incidents, and appropriate sanctions in cases of harassment. The Committee refers the Government to its General Observation, adopted in 2002, for further guidance. The Committee requests the Government to report on the number of plans to eliminate discrimination in the workplace registered with the Labour Commissioner pursuant to sections 7(1) and 7(2) of the Employment and Labour Relations Act that specifically address sexual harassment, and on the measures contemplated in such plans to prevent and address sexual harassment, including remedies provided for the victims. Please also continue to provide information on any other measures taken to prevent and eradicate sexual harassment in employment and occupation and the number, nature and outcome of complaints or cases of sexual harassment arising in the context of work or education, including any penalties imposed and compensations awarded.

Article 1(1)(b). Additional grounds of discrimination. HIV Status. The Government informs that the National Multisectoral Strategic Framework for HIV and AIDS for 2018/19 to 2022/23 brought about some positive impact on addressing discrimination in employment and occupation based on HIV/AIDS status, such as the issuance in 2024 of the new HIV and AIDS and Non-Communicable Diseases (NCDs) Workplace Policy: A Guide for Private Sector Employers, which provides a generic format for employers in preparing and implementing a policy guide on HIV and AIDS and NCDs and other diseases at workplace to ensure, among other objectives, the elimination of stigma and discrimination against persons living with HIV and AIDS, in compliance with section 7 of the Employment and Labour Relations Act. The Committee notes that a new Multisectoral Strategic Framework for HIV and AIDS for 2021/22 to 2025/26 was adopted, which includes among its strategic interventions, the elimination of stigma and discrimination. The Committee also notes that orientation sessions on HIV/AIDS and human rights were provided to law enforcers, magistrates, people living with HIV/AIDS and vulnerable populations, with a view, on the one hand, to ensure that all participants were aware of relevant legal provisions, and the other, that the judiciary can effectively administer justice in cases related to HIV/AIDS and victims can claim their rights, including by exploring first grievance mechanisms established at the workplace and then bringing the matter before the judicial system. The Committee requests the Government to provide information on any measures addressing discrimination in employment and occupation adopted under the new Multisectoral Strategic Framework for HIV and AIDS for 2021/22 to 2025/26 and their impact on promoting equality of opportunity and treatment of persons living with HIV/AIDS in respect of access to employment and occupation, vocational guidance and training, among others. Please also continue to provide information on the number, nature and outcome of cases of employment and occupation discrimination based on HIV and AIDS status examined by the labour inspectorate, the courts or relevant equality bodies.

Articles 1 to 3. National policy for equality of opportunity and treatment. The Committee notes the Government’s indication that: (1) a total of 398 plans to promote equal opportunity and to eliminate discrimination in the work place for the year 2023/2024 have been registered by the Labour Commissioner, pursuant to sections 7(1) and 7(2) of the Employment and Labour Relations Act; (2) the National Labour Market Information System is not yet operational; (3) the Government continues strengthening joint inspections by the occupational safety and health officers, the labour officers and the social security officers on preventing and eliminating, among other things, discrimination in employment and occupation; and (4) the joint inspections have resulted into increased awareness and compliance rate of employers and workers at workplaces as well as into the issuance of compliance orders and prosecution of different cases up to the level of the Labour Division of the High Court. The Committee requests the Government to continue to provide information on the plans on promoting equal opportunities and eliminating discrimination at the workplace registered with the Labour Commissioner, including information on the kind of measures envisaged in such plans and the grounds of discrimination addressed in practice. In addition, the Committee requests the Government to provide information on: (i) any other measure taken to promote equality of opportunity and treatment in employment and occupation on grounds other than sex; (ii) any further progress made in respect of the establishment of the National Labour Market Information System and its impact on strengthening the role of the Labour Information Management System and the Labour Inspection Unit in combating discrimination in employment and occupation; and (iii) the results achieved through the joint inspections with regard to both preventing and addressing discrimination.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Indigenous peoples. The Committee recalls that traditional occupations, such as pastoralism, hunting and gathering, are “occupations” within the meaning of the Convention (2012 General Survey on the fundamental Conventions, paras 742 and 767). It also recalls that one of the main issues faced by indigenous peoples relates to the lack of recognition of their rights to land, territories and resources, undermining their right to engage in traditional occupations (2012 General Survey, para. 768). The Committee refers to its 2018 general observation on discrimination based on race, colour and national extraction in which it observed that unsecure land tenure and biased approaches towards the traditional occupations engaged in by certain ethnic groups, which are often perceived as outdated, unproductive or environmentally harmful, continue to pose serious challenges to the enjoyment of equality of opportunity and treatment in respect of occupation. In that regard, the Committee notes that urgent appeals have been addressed in 2022 and 2023 to the Government by the African Commission on Human and Peoples’ Rights (ACHPR) and the United Nation Committee on the Elimination of Racial Discrimination (CERD), requesting, inter alia: (1) to ensure that any measure for the implementation of the conservation area is carried out in full collaboration with and participation of the affected communities, including with guarantee for secure access to and use of resources on the affected territory by the members of the community; (2) to halt the forced evictions; and (3) to take measures to effectively protect the communities against reported acts of excessive use of force, intimidation, arbitrary arrests and discrimination and racist speech (ACHPR, letter of June 2022; CERD/EWUAP/109th Session/2023/MJ/CS/ks, page 3. The Committee recalls that, previously, the UN Human Rights Committee had asked for information on the efforts made by the Government to address the reported eviction of, and confiscation of lands and livestock from, the indigenous communities, such as the Maasai and Barabaig peoples, resulting in their loss of traditional livelihoods (CCPR/C/TZA/QPR/5, 20 August 2021, para. 29). The Committee emphasizes that promoting and ensuring access to material goods and services required to carry out an occupation, such as secure access to land, and access to credit and resources, without discrimination, should be part of the objectives of a national policy on equality under Article 2 of the Convention (2018 general observation on discrimination based on race, colour and national extraction). Consequently, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by these peoples and their members in employment and occupation because of their race, colour or national extraction. In order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee requests the Government: (i) to assess the situation in employment and occupation of men and women belonging to indigenous peoples and the discrimination faced by them in general, in order to inform the formulation of appropriate measures, in consultation, wherever possible, with the interested groups; (ii) to take immediate steps to evaluate, in consultation with the concerned communities, the impact of the conservation and tourism projects on their livelihood and inform on the results of such evaluation; and (iii) to provide information on the measures taken to ensure that the Maasai, and other indigenous peoples affected by conservation and tourism project enjoy equality of opportunity and treatment in respect of the occupation of their choice, notably their traditional occupations, -including information on the measures taken to protect their rights to the lands and resources they traditionally occupy and use for their occupations – and the initiatives undertaken to address prejudices and stereotypes, including in the media.

Migrant workers. The Committee recalls that the Non-Citizens (Employment Regulation) Act of 2015 provides that “the Labour Commissioner shall, before approving an application for a work permit [for a migrant worker], satisfy himself that all possible efforts have been explored to obtain a local expert”. It notes the Government’s statement that no application for a work permit was rejected by the Labour Commissioner for reasons that can amount to discrimination and that no cases of discrimination based on race, colour and national extraction against non-citizens have been addressed by the competent authorities. The Committee requests the Government to provide information on the main reasons work permits are refused by the Labour Commissioner in practice.

Convention No. 100 – Principle of e qual r emuneration for men and women for work of equal value

Article 2. Wage fixing mechanisms. Minimum wages. The Government informs the Committee about increases in the minimum wages for common cadres and for health-related cadres, indicating that these measures have benefited especially women since they represent the majority of workers in these cadres. It also refers to the ongoing integration of the newly introduced Public Service Management Systems between Central Government and Local Government Authorities and Independent Government Agencies and Authorities, at the completion of which updated statistical data, disaggregated by sex, on the current wage levels in the public sector would be available. Regarding data in the private sector, the Committee notes that the National Labour Market Information System (NLMIS) is at the testing stage and once it is fully working, those data will also be available. The Committee further notes the Government’s indication that when determining minimum wages, both the Public and Private Minimum Wage Boards rely on surveys which include information on all factors to be considered, including qualifications and work experience, among others. The Committee welcomes the adoption of a new Minimum Wage Order for the private sector, following a 12-year period without revision. The Committee requests the Government to provide information on the measures taken by both the Public and Private Wage Boards to ensure that work in sectors with a high concentration of women is not undervalued compared to sectors predominantly employing men. The Committee also requests up-to-date statistical data, disaggregated by sex – and, once the NLMIS becomes operational, by occupational level and sector – on wage levels in the private sector. Additionally, please provide information on wage levels in the public sector, disaggregated by sex and position.

Collective bargaining. Cooperation with employers’ and workers’ organizations. The Government indicates that it continues to carry out training and capacity-building for workers and employers. The Committee welcomes the Government’s commitment to ensure that the Office of the Labour Commissioner, in consultation with social partners, will jointly agree that from the next financial year, all collective agreements will have to contain a specific provision on equal remuneration for men and women for work of equal value. The Committee requests the Government to provide copy of any collective agreement implementing the principle of equal remuneration for men and women for work of equal ‘value’, and to continue providing information on the measures taken to strengthen the capacity of social partners regarding the principle of the Convention.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the public sector job evaluation methods are used to determine remuneration rates which are based on objective criteria such as qualifications and skills, effort, responsibilities and conditions of work, under the Public Service Management and Good Governance Office (Salary, Incentives and Benefits Department). As regards the private sector, objective job evaluations are promoted, among others, by the functioning of workers participation forums to effectively conduct the required evaluations. The Committee requests the Government to provide more information on the functioning of the workers’ participation forums in the job evaluation exercise, and the criteria used for determining the value of a job for the purpose of establishing remuneration rates. Please also provide information on any complaint filed with the competent authorities alleging violations of the principle of the Convention in the establishment of remuneration rates, in the public and private sectors.

Conventions Nos 100 and No. 111 – Application in practice

Enforcement. The Committee notes the clarifications provided by the Government concerning the procedures and remedies available to victims of discrimination in employment and occupation as well as the selected cases annexed to the report concerning the application of the principles of the Conventions Nos 111 and 100. The Committee requests the Government to continue to provide information on cases involving the application of the Conventionsaddressed by the competent authorities

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality under examination this year, the Committee considers it appropriate to examine Conventions Nos 100 (Equal Remuneration Convention) and 111 (Discrimination in Employment and Occupation) together.

Convention No. 111 National policy to promote equality of opportunity and treatment in respect of employment and occupation

Equality of opportunity and treatment irrespective of sex. The Government refers to the 2023 National Gender and Women Development Policy which sets out, among other objectives to promote gender equality in accessing economic and financial opportunities and envisages a range of proactive measures in this respect, such as: (1) strengthening systems for accessing capital that will enable women to engage in productive activities; (2) enhancing the participation of both men and women in identifying and utilizing opportunities that will enable them to achieve economic empowerment; (3) strengthen investment aimed at reducing the workload for women and girls, including access to water services, energy, and childcare facilities; (4) promote equal participation of women and men in decent work within both the formal and informal economies; (5) improve systems and implementation to enhance access to and ownership of productive resources for women; and (6) promote gender consideration in inclusive economic and financial planning. The Committee also notes the information provided by the Government about: (1) initiatives undertaken by the social partners to provide training, including leadership skills, to women and girls; (2) the courses on Professional Skills to Domestic Workers conducted by the Government in collaboration with Comunitá Volontari Per IL Mondo (CVM) and Tanzanian Conservation, Hotels, Domestic and Allied Workers’ Union (CHODAWU); (3) loans dedicated to women in the informal economy issued, since March 2023, by the Ministry of Livestock and Fisheries Development, including the provision of 1008 boats for fishing activities; (4) five per cent of the annual revenue set aside to finance loans to women through the local government authorities; and (5) radio and TVs sensitization and public awareness programmes to combat discriminatory stereotypes. The Committee also notes the Government’s indication that it will be able to provide updated statistical information on the participation of men and women in employment and occupation, once the next integrated Labour Force Survey is completed.

Welcoming the measures envisaged in the National Gender and Women Development Policy, the Committee requests the Government to provide detailed information on their implementation in practice and the results achieved in terms of enhanced equality of opportunity and treatment in employment and occupation between men and women, including in respect of: (i) reducing vertical and horizontal occupational gender segregation, (ii) increasing women’s access to formal employment, (iii) addressing multiple and intersecting forms of discrimination faced by women and girls because, among others, of their social origin, religion, race, colour or national extraction, (iv) enhancing access to and ownership of productive resources for women, and (v) promoting the reconciliation of work and family responsibilities, including a fairer distribution of family responsibilities between men and women. The Committee also requests the Government to provide information on public-awareness initiatives to combat stereotypes regarding women’s professional aspirations, preferences and capabilities and their role and responsibilities in the family and society; and updated statistical information on the participation of men and women in employment and occupation, if possible disaggregated by occupational categories and positions.

Access of women to education and vocational training. In response to the Committee’s request to prohibit pregnancy testing as a condition for school admission and to ensure the readmission of students expelled due to pregnancy, the Government states that there is currently no pregnancy-related precondition for accessing education. Medical examinations are conducted solely to assess general health needs, such as eyesight and other minor health issues, to support students with special needs. However, the Committee observes that the Government does not confirm that it has reviewed the Education Regulations to explicitly exclude pregnancy as a moral ground of expulsion or to ensure immediate readmission of schoolgirls expelled due to pregnancy or wedlock. The Government however states that it commits to explicitly prohibit pregnancy testing as a precondition for admission to all levels of education. The Committee acknowledges the measures taken to enhance access of girls and women to vocational training and higher education, including the: (1) construction of 26 new girls’ secondary schools in 2023/2024 countrywide with the aim of providing more opportunities to girls to access formal education and join science studies; (2) implementation of re-entry programmes under Education Circular No. 2 of 2021 and its February 2022 Guidelines, allowing pregnant girls to return to school post-childbirth; (3) provision of dormitories accommodation for girls from vulnerable groups, such as pastoral communities, to prevent early and forced marriages; and (4) launch of the “Samia Scholarship” programme, supporting high-performing female students (418 scholarships have been awarded to date). Additionally, the Committee remarks the 2023 revision of the Basic Education Curriculum to introduce Vocational Training/Education (“ELIMU ya AMALI”) in 96 secondary schools among which 26 are government owned and that the Government plans to expand vocational schools across the country. As of December 2023, enrolment in Vocational Education and Training Authority Colleges included 5,019 male and 2,752 female students – an increase in female enrolment from 2,116 in 2020 to 2,752 in 2023.

The Committee requests the Government to: (i) monitor and report on the education access of pregnant girls and adolescent mothers, including data on dropouts, expulsions, re-admissions, and enrolment in re-entry programmes; (ii) provide updates on efforts to improve access for girls and women to vocational training and higher education, especially in fields where they are under-represented; and (iii) submit current data on male and female enrolment in vocational education, including gender distribution across different fields of specialization.

Convention No. 100 – Principle of equal remuneration between men and women for work of equal value

Article 1 to 4. Assessing and addressing the gender wage gap. The Committee recalls that the underlying causes of the gender pay gap are closely related to equality of opportunity and treatment between men and women in employment and occupation, and in particular to matters such as women access to education and vocational training, employment and occupation, occupational segregation, an unbalanced distribution of family responsibilities, and gender roles and stereotypes. The Committee refers, in this regard, to its comments above on Convention No. 111. The Committee requests the Government to provide updated statistical data on the earnings of men and women in all economic sectors and occupations to monitor any progress achieved in reducing the gender pay gap, once the next integrated Labour Force Survey mentioned by the Government is completed.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 2(2)(b) of the Convention. Wage boards. Minimum wages. The Committee takes note of the Government’s indication that, following the latest meetings of the Public Service Wage Board, it issued a new Staff Circular N° 1 of 2022, the salary of the lowest-paid public servants was increased as a measure to reduce the gender wage gap. It observes, however, that the Government does not indicate: (1) the specific measures taken by both the Public Service Wage Board and the Private Sector Wage Board, to ensure that minimum wage rates are based on criteria free from gender bias and (2) how the wage boards promote the principle of equal remuneration for men and women for work of equal value. In light of the persistent wage disparities between men and women, both in the public and private sectors, noted in its observation, the Committee asks the Government to:

• (i)provide information on the impact of the latest increase in the salary of the lowest-paid public servants on the current wage levels in the public sector, such as statistical data, disaggregated by sex, on the current wage levels in the public sector;
• (ii)indicate the measures taken by both Wage Boards to ensure that minimum wage rates are fixed, based on objective criteria that are free from gender bias, and that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed; and
• (iii)provide up-to-date statistical data, disaggregated by sex, occupational level and sector, on the wage levels in the private sector.

Articles 2 and 4. Collective agreements.Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s general statement that it has launched several activities aimed at employers’ and workers’ organizations (training, technical consultations, orientation sessions, etc.) on the issue of wage disparity. In that regard, it notes that the copy communicated by the Government of the 2022/23 Collective Bargaining Agreement concluded by the Tanzania Union of Industrial and Commercial Workers (TUICO) and the Mbeya Cement Company Limited (MMCC) does not contain any provision reflecting the principle of equal remuneration for men and women for work of equal value. In view of the important role that can be played by collective agreements in the application of the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to provide information on the measures taken to strengthen the capacity of social partners regarding the principle of the Convention and to encourage them to fully reflect this principle in collective agreements. Please also provide a copy of any collective agreement implementing the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the Public Service Productivity and Remuneration Board (PSPRB) was “disestablished” in 2020, and that the Job Evaluation and Regrading (JERG) exercise was interrupted due to many factors, including the ‘disestablishment’ of the relevant Board. The Committee wishes to point out that the concept of work of equal value, while not defined in the Convention, refers to the worth of a job for the purpose of computing remuneration. It necessarily requires some method of measuring and comparing the relative value of different jobs on the basis of entirely objective and non-discriminatory criteria (see 2012 General Survey, paragraphs 673, 695 and 700). In the absence of information on the use of objective job evaluation methods, the Committee again requests the Government to provide information on:

• (i)job evaluation methods used to determine remuneration rates in the public sector, and the measures taken to ensure that they are based on objective criteria free from gender bias (such as qualifications and skills, effort, responsibilities and conditions of work); and
• (ii)any measures also taken to promote the use of objective job evaluation methods in the private sector. It further asks the Government to indicate which body will take over the tasks assigned previously to the Public Service Productivity and Remuneration Board so that the Job Evaluation and Regrading exercise launched in 2010 can resume.

Enforcement. The Committee notes the Government’s indication that, although it has guaranteed free access to the Commission for Mediation and Arbitration and to the High Court Labour Division, there are no cases or complaints concerning inequality of remuneration between men and women settled by the courts or reported to the labour officers or to any other competent authority. It further notes the Government’s indication that Gender Boards have been established in all public sectors. It also notes that, according to the Government’s report under Discrimination (Employment and Occupation) Convention No. 111, 1958, the Legal Aid Act No. 1 of 2017 supports and encourages paralegals, who have the potential to access remote and rural regions and offer basic legal education to persons severely limited in their access to justice, including women. The Committee therefore asks the Government to provide information on:

• (i)the functioning and competencies of the Gender Boards established in the public sector, with particular regard to the principle of equal remuneration for men and women;
• (ii)the activities undertaken by paralegals to raise public awareness, in particular of women and girls, on the provisions of the Convention and the procedures and remedies available, in order to enhance their access to justice; and
• (iii)any cases or complaints dealt with by the courts, the labour officers or any other competent authority concerning equal remuneration between men and women, as well as any decisions issued in this regard.

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

Articles 1–4 of the Convention. Assessing and addressing the gender wage gap. The Committee notes that, in its report, the Government merely recalls the national legal framework on equal remuneration for men and women. In this regard, the Committee wishes to point out that, while giving legislative effect to the principle of equal remuneration for men and women for work of equal value is important, it is not sufficient to achieve the goal of the Convention. The issue of the gender wage gap also requires positive measures aimed at tackling its structural and underlying causes, such as horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower-level positions without promotion opportunities (see the 2012 General Survey on the fundamental Conventions, paragraphs 669, 710 and 712). The Committee notes that, according to the 2021 and 2022 Global Gender Gap Reports of the World Economic Forum, the labour force participation rate of women is 79.5 per cent (compared with 87.1 per cent for men), with women being almost entirely concentrated in the informal sector (93 per cent), characterized by low wages. It also notes that, according to the Integrated Labour Force Survey 2020/2021, conducted by the National Bureau of Statistics (NBS) and the Office of the Chief Government Statistician Zanzibar (OCGS), only 2.1 per cent of women were employed in the central and local government sector, while 60.3 per cent were employed in the agricultural (own or family farm) sector, also characterized by significantly lower wages. The same survey shows that the average direct wages and salaries of women are lower than those of men in all areas and industries. More generally, the Committee notes that, according to the 2022 Global Gender Gap Report of the World Economic Forum, the gender pay gap is 25.5 percentage points.The Committee therefore urges the Government to take proactive measures to address the existing gender wage gap, both in the public and private sectors, by: (i) identifying and addressing the underlying causes of pay differentials in the country, such as vertical and horizontal job segregation and gender stereotypes, covering both the formal and the informal economy; and (ii) promoting women’s access to a wider range of jobs with career prospects and higher pay, including through the elaboration and implementation by employers of plans to promote gender equality in the workplace. It further asks the Government to communicate updated statistical data on the earnings of men and women in all economic sectors and occupations to monitor any progress achieved.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Wage boards. Minimum wages. The Committee previously noted that the Labour Institutions Wage Order No. 196 of 2013 set out the lowest minimum monthly wages in sectors where more women are employed, while predominantly male industries have higher wages. The Committee notes the Government’s indication, in its report, that while the abovementioned Wage Order is still in force, amendments were made to the Labour Institutions Act No. 7 of 2004, as a result of the Employment and Labour Laws (Miscellaneous Amendments) No. 24 of 2015, providing for the establishment of two wage boards, one for the public sector with bipartite composition, and one for the private sector with tripartite composition. Both wage boards are responsible for conducting investigations and making recommendations on minimum wages to the appropriate Minister. The Government adds that the multiplicity of wage boards in the private sector has been abolished and the concept of fixing minimum wages on a sector basis remains unchanged. The Committee notes the Government’s statement that, with support of the ILO, members of both wage boards benefited from training on social dialogue, collective bargaining and minimum wage fixing, and will be able to take into account the principle of equal remuneration for men and women for work of equal value and thus recommend sectoral minimum wages free from gender bias or discrimination. In light of the substantial wage disparities between men and women in almost all industries, both in the public and private sectors, the Committee asks the Government to provide information on: (i) the measures taken by both wage boards to ensure that minimum wages rates are fixed, based on objective criteria, free from gender bias, and that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed; and (ii) the minimum wages rates set by both wage boards in the public and private sectors, as well as statistical information, disaggregated by sex, on the distribution of women and men employed in the various sectors of the economy and industries and their corresponding earnings. The Committee further asks the Government to provide information on the measures taken to raise awareness of employers’ and workers’ organizations regarding the issue of wage disparities between men and women and how they can be reduced, and to indicate how the wage boards promote equal remuneration for men and women for work of equal value.

Articles 2 and 4. Collective agreements. Cooperation with employers’ and workers’ organizations. In its previous comment, the Committee noted that section 4 of Wage Order No. 196 of 2013 provides that more favorable terms than the minimum wage rates can be established through collective bargaining agreements or as agreed otherwise. Referring to the Government’s previous commitment to ensure that the concept of work of equal value is duly addressed and promoted in cooperation with employers’ and workers’ organizations, the Committee notes that the Government does not provide any information on this point. The Committee again asks the Government to indicate more precisely the measures taken to promote the principle of the Convention in cooperation with workers’ and employers’ organizations including in the framework of collective agreements, and to supply a copy of any collective agreements reflecting or implementing the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee previously noted that the 2010 Public Service Pay and Incentive Policy aims to eradicate pay disparities across the entire public service, while not addressing explicitly pay disparity between men and women, and provides that a job evaluation and regrading (JERG) exercise was undertaken but that challenges existed in its implementation. The Committee notes the Government’s statement that the study on job evaluation and regrading in the public service is ongoing. The Committee asks the Government to provide updated information on the JERG exercise currently undertaken in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value, in accordance with the principle upheld by the Convention. Referring to the planned establishment of a public service productivity and remuneration board (PSPRB), it asks the Government to provide updated information on the setting-up and activities of the PSPRB, more particularly concerning objective job evaluation in the public sector. It also asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Enforcement. The Committee notes the Government’s indication that a five days training session on issues related to fundamental principles and rights at work, including the promotion of the principle of equal remuneration for men and women for work of equal value, was organized by the Labour, Youth Employment and Persons with Disability (PMO-LYED) unit of the Prime Minister’s Office, in collaboration with the ILO. It notes that the Government does not provide information on the application of the Convention in practice. However, the Committee observes that, in its 2016 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) was concerned by the lack of information on labour inspections of women’s working conditions, in particular in the private and informal sectors, as well as by the fact that women continue to face multiple barriers in obtaining access to justice, including the unavailability of courts, legal fees and a lack of legal literacy, especially in rural areas, and was particularly concerned that customary judicial mechanisms, to which women most often resort, are not sensitive to gender and continue to apply discriminatory provisions (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraphs 12 and 32). In that regard, the Committee recalls that where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see the 2012 General Survey on fundamental Conventions, paragraph 870). Consequently, the Committee asks the Government to take appropriate measures to raise public awareness of the provisions of the Convention, as well as the procedures and remedies available, and to provide information on any specific activities undertaken so that women and girls better understand and claim their rights in order to enhance their access to justice. It further asks the Government to provide detailed information on any cases or complaints concerning inequality of remuneration detected by or reported to labour officers, the courts or any other competent authorities, as well as any decision issued in this regard.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Assessing and addressing the gender wage gap. The Committee previously noted that, as a result of sections 7(1) and (2) of the Employment and Labour Relations Act, 2004, and Part III of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, employers have an obligation to elaborate and implement a plan to prevent discrimination and promote equal opportunity in employment, which shall be registered with the Labour Commissioner. The Committee notes the Government’s statement, in its report, that a generic plan to be used by employers is being elaborated to that end, in collaboration with the ILO as well as employers’ and workers’ organizations. The Government adds that it will consider availing itself of ILO technical assistance for building capacities of employers’ and workers’ organizations in that respect. The Committee notes that, according to the 2018 Global Gender Gap Report of the World Economic Forum, the labour force participation rate of women was 81.1 per cent (compared to 88.3 per cent for men), with women being still mostly concentrated in informal employment (76.1 per cent of women) characterized by low wages. It notes, from the 2016 Formal Sector Employment and Earnings Survey, carried out by the National Bureau of Statistics (NBS) that while the proportion of women employed in formal employment is nearly half of the proportion of men (37.8 per cent and 62.2 per cent of total employees, respectively), 23.7 per cent of women are employed in the private sector, while only 14.1 per cent of them are employed in the public sector, where monthly average cash earnings are about three times higher than in the private sector. Furthermore, in 2016, the remuneration of women (monthly average cash earnings) was 15.3 per cent lower than those of men in the public sector and 6.1 per cent lower than men in the private sector. The Committee also notes that women are still concentrated in lower paid sectors such as manufacturing (19.6 per cent) and agriculture (10.3 per cent) and their average remuneration is lower than their male counterparts in almost all industries. The Committee notes with concern that, according to the World Economic Forum, men earned on average 39 per cent more than women in 2018. It further notes that, in its 2016 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned at the persistent discrimination against women in the labour market, in particular: (i) the high rate of unemployed young women and their marginalization from formal labour markets; (ii) the continuing horizontal and vertical occupational segregation and the concentration of women in low-paid jobs; (iii) the lack of implementation of the principle of equal pay for work of equal value; and (iv) the persistent gender wage gap (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraph 32). The Committee therefore urges the Government to provide information on: (i) the proactive measures taken to address the gender wage gap, both in the public and private sectors, by identifying and addressing the underlying causes of pay differentials, such as vertical and horizontal job segregation and gender stereotypes, covering both the formal and the informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay; (ii) any measures taken to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value, including through the elaboration and implementation by employers of plans to promote gender equality at the workplace, as provided for under sections 7(1) and (2) of the Employment and Labour Relations Act; and (iii) statistical data on the earnings of men and women in all the sectors and occupations of the economy to monitor any progress achieved.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 2 of the Convention. Wage boards. Minimum wages. The Committee previously noted that the Labour Institutions Wage Order No. 196 of 2013 set out the lowest minimum monthly wages in sectors where more women are employed, while predominantly male industries have higher wages. The Committee notes the Government’s indication, in its report, that while the abovementioned Wage Order is still in force, amendments were made to the Labour Institutions Act No. 7 of 2004, as a result of the Employment and Labour Laws (Miscellaneous Amendments) No. 24 of 2015, providing for the establishment of two wage boards, one for the public sector with bipartite composition, and one for the private sector with tripartite composition. Both wage boards are responsible for conducting investigations and making recommendations on minimum wages to the appropriate Minister. The Government adds that the multiplicity of wage boards in the private sector has been abolished and the concept of fixing minimum wages on a sector basis remains unchanged. The Committee notes the Government’s statement that, with support of the ILO, members of both wage boards benefited from training on social dialogue, collective bargaining and minimum wage fixing, and will be able to take into account the principle of equal remuneration for men and women for work of equal value and thus recommend sectoral minimum wages free from gender bias or discrimination. In light of the substantial wage disparities between men and women in almost all industries, both in the public and private sectors, the Committee asks the Government to provide information on: (i) the measures taken by both wage boards to ensure that minimum wages rates are fixed, based on objective criteria, free from gender bias, and that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed; and (ii) the minimum wages rates set by both wage boards in the public and private sectors, as well as statistical information, disaggregated by sex, on the distribution of women and men employed in the various sectors of the economy and industries and their corresponding earnings. The Committee further asks the Government to provide information on the measures taken to raise awareness of employers’ and workers’ organizations regarding the issue of wage disparities between men and women and how they can be reduced, and to indicate how the wage boards promote equal remuneration for men and women for work of equal value.

Articles 2 and 4. Collective agreements. Cooperation with employers’ and workers’ organizations. In its previous comment, the Committee noted that section 4 of Wage Order No. 196 of 2013 provides that more favorable terms than the minimum wage rates can be established through collective bargaining agreements or as agreed otherwise. Referring to the Government’s previous commitment to ensure that the concept of work of equal value is duly addressed and promoted in cooperation with employers’ and workers’ organizations, the Committee notes that the Government does not provide any information on this point. The Committee again asks the Government to indicate more precisely the measures taken to promote the principle of the Convention in cooperation with workers’ and employers’ organizations including in the framework of collective agreements, and to supply a copy of any collective agreements reflecting or implementing the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee previously noted that the 2010 Public Service Pay and Incentive Policy aims to eradicate pay disparities across the entire public service, while not addressing explicitly pay disparity between men and women, and provides that a job evaluation and regrading (JERG) exercise was undertaken but that challenges existed in its implementation. The Committee notes the Government’s statement that the study on job evaluation and regrading in the public service is ongoing. The Committee asks the Government to provide updated information on the JERG exercise currently undertaken in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value, in accordance with the principle upheld by the Convention. Referring to the planned establishment of a public service productivity and remuneration board (PSPRB), it asks the Government to provide updated information on the setting-up and activities of the PSPRB, more particularly concerning objective job evaluation in the public sector. It also asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Enforcement. The Committee notes the Government’s indication that a five days training session on issues related to fundamental principles and rights at work, including the promotion of the principle of equal remuneration for men and women for work of equal value, was organized by the Labour, Youth Employment and Persons with Disability (PMO-LYED) unit of the Prime Minister’s Office, in collaboration with the ILO. It notes that the Government does not provide information on the application of the Convention in practice. However, the Committee observes that, in its 2016 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) was concerned by the lack of information on labour inspections of women’s working conditions, in particular in the private and informal sectors, as well as by the fact that women continue to face multiple barriers in obtaining access to justice, including the unavailability of courts, legal fees and a lack of legal literacy, especially in rural areas, and was particularly concerned that customary judicial mechanisms, to which women most often resort, are not sensitive to gender and continue to apply discriminatory provisions (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraphs 12 and 32). In that regard, the Committee recalls that where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see the 2012 General Survey on fundamental Conventions, paragraph 870). Consequently, the Committee asks the Government to take appropriate measures to raise public awareness of the provisions of the Convention, as well as the procedures and remedies available, and to provide information on any specific activities undertaken so that women and girls better understand and claim their rights in order to enhance their access to justice. It further asks the Government to provide detailed information on any cases or complaints concerning inequality of remuneration detected by or reported to labour officers, the courts or any other competent authorities, as well as any decision issued in this regard.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Assessing and addressing the gender wage gap. The Committee previously noted that, as a result of sections 7(1) and (2) of the Employment and Labour Relations Act, 2004, and Part III of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, employers have an obligation to elaborate and implement a plan to prevent discrimination and promote equal opportunity in employment, which shall be registered with the Labour Commissioner. The Committee notes the Government’s statement, in its report, that a generic plan to be used by employers is being elaborated to that end, in collaboration with the ILO as well as employers’ and workers’ organizations. The Government adds that it will consider availing itself of ILO technical assistance for building capacities of employers’ and workers’ organizations in that respect. The Committee notes that, according to the 2018 Global Gender Gap Report of the World Economic Forum, the labour force participation rate of women was 81.1 per cent (compared to 88.3 per cent for men), with women being still mostly concentrated in informal employment (76.1 per cent of women) characterized by low wages. It notes, from the 2016 Formal Sector Employment and Earnings Survey, carried out by the National Bureau of Statistics (NBS) that while the proportion of women employed in formal employment is nearly half of the proportion of men (37.8 per cent and 62.2 per cent of total employees, respectively), 23.7 per cent of women are employed in the private sector, while only 14.1 per cent of them are employed in the public sector, where monthly average cash earnings are about three times higher than in the private sector. Furthermore, in 2016, the remuneration of women (monthly average cash earnings) was 15.3 per cent lower than those of men in the public sector and 6.1 per cent lower than men in the private sector. The Committee also notes that women are still concentrated in lower paid sectors such as manufacturing (19.6 per cent) and agriculture (10.3 per cent) and their average remuneration is lower than their male counterparts in almost all industries. The Committee notes with concern that, according to the World Economic Forum, men earned on average 39 per cent more than women in 2018. It further notes that, in its 2016 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned at the persistent discrimination against women in the labour market, in particular: (i) the high rate of unemployed young women and their marginalization from formal labour markets; (ii) the continuing horizontal and vertical occupational segregation and the concentration of women in low-paid jobs; (iii) the lack of implementation of the principle of equal pay for work of equal value; and (iv) the persistent gender wage gap (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraph 32). The Committee therefore urges the Government to provide information on: (i) the proactive measures taken to address the gender wage gap, both in the public and private sectors, by identifying and addressing the underlying causes of pay differentials, such as vertical and horizontal job segregation and gender stereotypes, covering both the formal and the informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay; (ii) any measures taken to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value, including through the elaboration and implementation by employers of plans to promote gender equality at the workplace, as provided for under sections 7(1) and (2) of the Employment and Labour Relations Act; and (iii) statistical data on the earnings of men and women in all the sectors and occupations of the economy to monitor any progress achieved.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 2 of the Convention. Gender pay gap. Private sector. The Committee notes from the 2013 Formal Sector Employment and Earnings Analytical Report that the gender pay gap was 12.4 per cent in favour of men (monthly average cash earnings) in 2013, up from 5.8 per cent in 2012, and that some industries had gaps in favour of men as high as 28.2 per cent (agriculture, forestry and fishing), 24.2 per cent (financial and insurance activities) and 22.2 per cent (human health and social work). While the majority of the 19 industry groupings had an earnings gap in favour of men, five industries had gaps in favour of women, the widest being in the arts, entertainment and recreation industry (30.7 per cent gap) and the real estate industry (26.9 per cent gap). The Committee notes that in 2013 the disparity in monthly average cash earnings between men and women in the private sector was 10.6 per cent in favour of men. The Committee notes that in 2013 women made up 37.3 per cent of the workforce, but only 28.7 per cent of those in the highest wage scale, and 47.6 per cent of those in the lowest wage scale. The Government indicates that it has taken measures to address the gender pay gap through the enforcement and implementation of relevant laws and policies, and improving women’s access to education, training and employment. The Committee asks the Government to provide additional information on measures taken or envisaged to address the gender pay gap in the private sector, including measures taken with the cooperation of employers’ and workers’ organizations, to raise awareness and promote and ensure the application of the principle of equal remuneration for men and women for work of equal value. Please also continue to provide data on the respective earning levels of men and women by economic activity, occupation and education level in the private sector.

Public sector. The Committee notes that in 2013 the disparity in monthly average earnings between men and women in the public sector was 20.1 per cent in favour of men, up from 15.4 per cent in 2012. The Government indicates that it has taken measures to reduce the gender pay gap through the Public Service Management and Employment Policy 2008 and the Public Service Pay and Incentive Policy 2010, which are “implemented to ensure equal pay for work of equal value and to eradicate pay disparities across the public service”. The Committee notes that the 2010 policy refers to equal pay and job evaluation, but does not explicitly mention equal pay for men and women for work of equal value. The Government also indicates that during the financial year 2014–15, it issued a substantial salary increase to the lower cadres as compared to higher positions. The Committees asks the Government to provide information on measures adopted or envisaged to reduce the gender pay gap in the public sector and to promote access of women to higher level posts and in particular, how it is ensured that the 2010 Public Service Pay and Incentive Policy effectively applies the principle of equal pay for men and women for work of equal value. The Committee asks the Government to continue to collect data on the respective earning levels of men and women by occupation and education level in the public sector. Please also provide a copy or a summary of the Public Service Management and Employment Policy 2008.

Wage boards. Minimum wage. The Committee notes that some of the lowest wages set out in the Labour Institutions Wage Order No. 196/2013 of 2013 are in health services and private school services. The Committee notes from the Employment and Earnings Report 2013 that almost 60 per cent of the workers in human health and social work activities are women and more women are employed in Education than any other sector. The lowest minimum monthly wages are for certain categories of domestic work. Conversely, predominantly male industries have higher minimum wages including in construction and mining, where over 80 per cent of workers are men. The Committee recalls that when minimum wages are set at the sector or industry level, there is a general tendency to set lower wages for sectors predominantly employing women and that special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias. It is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly, and that certain skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills. The Committee also draws the Government’s attention to the fact that the skills required for domestic work, which are considered to be “innate” to women, are often undervalued or even overlooked, thus resulting in the undervaluation of domestic work (see General Survey on the fundamental Conventions, 2012, paragraphs 683, 701 and 707). The Committees asks the Government to provide specific information on how it is ensured that the criteria and method used to adjust the sectoral and occupational minimum wage are free from gender bias and that the work in sectors in which women predominate is not undervalued as compared to work in male dominated sectors. The Committee once again asks the Government to provide a copy of the guidelines for the wage boards that were being developed on the basis of ILO standards and the Constitution.

Articles 2 and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee recalls the Government’s commitment to ensure that the concept of “work of equal value” is duly addressed and promoted in cooperation with workers’ and employers’ organizations. The Government states generally that the wage boards as tripartite structures established under the Labour Institutions Act ensure cooperation with employers’ and employees’ organizations. The Committee notes that according to section 4 of the Wage Order of 2013, more favourable terms than the minimum wage rates can be established through collective bargaining agreements or as agreed otherwise. In this regard, the Committee asks the Government to indicate more precisely the measures taken to promote the principle of the Convention in cooperation with workers’ and employers’ organizations including in collective agreements, and to supply copies of any agreements reflecting or implementing the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee notes that the 2010 Public Service Pay and Incentive Policy aims to harmonize and rationalize pay in line with the principle of equal pay for work of equal value and eradicate pay disparities across the entire public service. The 2010 policy document indicates that a job evaluation and re-grading (JERG) exercise was undertaken but that challenges existed in its implementation. The Committee notes however that the policy does not explicitly address pay disparity between men and women nor does it refer to an objective job evaluation free from gender bias. The Committee notes that the President’s Office, Public Service Management must ensure that the principle of equal pay for work of equal value is adhered to and must establish criteria for weighing job content across diverse organizations that comprise the broader public service based on the JERG exercise. The policy also provides that a public service and productivity and remuneration board (PSPRB) shall be established to harmonize and monitor compensation in the public service. The Committee asks the Government to provide information on the measures taken by the Public Service Management and the PSPRB to ensure that the JERG exercise takes into account the principle of equal work for men and women for work of equal value and is undertaken on the basis of entirely objective and non-discriminatory criteria free from gender bias.

Enforcement. While welcoming the information provided by the Government regarding the number of labour inspections undertaken and contraventions addressed in the 2013–14 financial year, the Committee notes this information does not indicate how many of the contraventions related to equal remuneration between men and women. The Committee asks the Government to continue to provide information on any developments in the training and work of labour officers regarding the principle of the Convention, including information on violations that relate to the principle of equal remuneration for men and women for work of equal value.

Zanzibar

The Government indicates that the Wage Order of 2013 applies in the mainland as well as Zanzibar, and that the Wage Advisory Board applies the principle of the Convention. However, no information is provided on the manner in which this is done. The Committee recalls that the Government planned to seek the technical assistance of the ILO regarding the collection of statistics on remuneration levels of men and women in Zanzibar, but notes that no statistics were provided with the Government’s report. Recalling the importance of having accurate information on the gender pay gap, including its underlying causes, the Committee once again asks the Government to undertake the necessary steps to collect, compile and provide data on the earning levels of men and women by economic activity and occupation, in both the public and private sectors in Zanzibar.

Enforcement. The Government indicates that no cases of violations of the principle of the Convention have been reported. The Committee recalls from its General Survey, 2012, paragraph 870, that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee asks the Government to take steps to raise awareness among workers, employers and their organizations as well as labour officers, judges and other public officials of the principle of equal remuneration for men and women for work of equal value and the procedure for issuing complaints of violations of the principle, and to provide information on any progress made in this regard.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Assessment of gender remuneration gap. Statistics. The Committee notes that according to the Decent Work Country Profile for the United Republic of Tanzania (Mainland) established in 2010, the average monthly earnings of women (except in self-employment in agriculture) represented 59.7 per cent of men’s in 2006. It notes that the pay gap between men and women has decreased from 50.5 to 40.3 per cent from 2000–01 to 2006. The Committee also notes the Government’s indication that there are no updated statistics on remuneration levels of men and women. The Committee asks the Government to provide information on the steps taken or envisaged to reduce the remuneration gap between men and women. Recalling the importance of having recent statistics to assess the nature, extent and causes of the existing remuneration gaps between men and women and elaborate measures to address them effectively, the Committee asks the Government to take the necessary measures to facilitate the collection of data on the remuneration of men and women in both the public and private sectors, in the various industries, and to provide full information on the measures taken in this regard and the data collected.

Wage boards. Minimum wage. The Committee notes the Government’s indication that further to the new recommendations made by Sector Wage Boards and opinions given by the Labour, Economic and Social Council (LESCO), a new Wage Order (No. 172 of 2010) was adopted and that gender and sex are not criteria in setting wages. The Committee notes however that the principle of equal remuneration for work of equal value is not included in section 37 of the Labour Institutions Act to which the Government refers, among the criteria that should be taken into consideration by wage boards when conducting an investigation on minimum remuneration. The Committee further notes from the Government’s report that the guidelines for the wage boards that were being developed on the basis of ILO standards and the Constitution have not yet been adopted. The Committee asks the Government to provide information on the manner in which the principle of equal remuneration between men and women for work of equal value is taken into account when determining minimum wage rates. It also asks the Government to provide a copy of the new wage order (No. 172 of 2010) and any other wage order in force establishing minimum wages by sector, as well as a copy of the guidelines to be used by wage boards once they are adopted.

Articles 2 and 4 of the Convention. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the Government’s commitment to ensure that the concept of “work of equal value” is duly addressed and promoted in cooperation with workers’ and employers’ organizations. The Committee asks the Government to indicate more precisely in which manner it ensures the promotion of the principle of the Convention in cooperation with workers’ and employers organizations and once again asks the Government to supply copies of collective agreements reflecting or implementing the principle of equal remuneration between men and women for work of equal value.

Article 3. Objective job evaluation. The Committee notes that the Government refers once again to the Open Performance Appraisal System (OPRAS) as the method used in the public sector to objectively evaluate jobs. The Committee further notes that there appears to be some confusion between the issue of performance appraisal of the employee and “objective appraisal of jobs”, as referred to in Article 3 of the Convention. While performance appraisals seek to examine the individual performance of workers, “objective appraisal of jobs” or objective job evaluation, concerns the analysis of the content of a specific job or post, using criteria such as skill, effort, responsibilities and working conditions. The Committee recalls its 2006 general observation in which it points out that in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non-discriminatory criteria to avoid an assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, it does presuppose the use of appropriate techniques for objective job evaluation (Article 3). For the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. Such methods analyse and classify jobs on the basis of objective factors relating to the jobs to be compared such as skill, effort, and responsibilities or working conditions (see paragraph 141 of the 1986 General Survey on equal remuneration). Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias; it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory. Often skills considered to be “female”, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. The Committee asks the Government to indicate in its next report any measures taken or envisaged to promote the use of methods of objective job evaluation and the results of any such evaluation undertaken.

Enforcement of the principle of equal remuneration. The Committee notes the Government’s indication that despite the absence of specific training on equal remuneration, more than 100 labour officers attended training on modern labour inspection techniques. The Committee welcomes the allocation of material means, including transportation that will increase the performance and the efficiency of labour inspections. The Committee asks the Government to continue to provide information on any developments relating to the training and work of labour officers in the field of equal remuneration, including extracts of inspection reports.

Zanzibar

The Committee notes with interest that Employment Act No. 11 of 2005, which came into force on 7 October 2005, includes a definition of the term “remuneration” in accordance with Article 1(a) of the Convention (section 3(1) of the Act) and requires the employer to guarantee equal remuneration for men and women for work of equal value (section 10(2)(b)).

The Committee further notes the information provided by the Government on the methods for determining rates of remuneration in Zanzibar, through the establishment and functioning of the Wages Advisory Board. It notes in particular that the principle of equal remuneration for work of equal value is not included in the Employment Act among the criteria that should be taken into consideration by the Wages Advisory Board when discharging its functions. The Committee asks the Government to supply information on the wage orders in force for Zanzibar, and the manner in which the principle of equal remuneration for men and women for work of equal value is taken into account in the determination of wage rates, including minimum wages. It also asks the Government to indicate how cooperation with employers’ and workers’ organizations is ensured in practice with respect to equal remuneration between men and women for work of equal value, and whether the Wages Advisory Board has addressed this principle in practice.

The Committee notes the Government’s indication that there are no statistics regarding the remuneration of men and women for Zanzibar and that in this regard technical assistance will be sought in due course. The Committee asks the Government to undertake the necessary steps to collect and compile data on the earning levels of men and women, by economic activity and occupation, in both the public and private sectors. In the meantime, please provide statistical information on the distribution of men and women in the various sectors of the economy, and any statistics available on their respective levels of remuneration.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislation. The Committee notes the adoption of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, which, inter alia, make provision for the elimination of discrimination at the workplace and the promotion of equality of opportunity and treatment in employment. The Committee further notes that section 5(c) of the Rules provides that the equality plan adopted by the employer under section 7(2) of the Employment and Labour Relations Act, 2004, shall contain plans to eliminate discrimination under which “with regard to job classification and grading, remuneration, employment benefits and terms and conditions of employment, the employer may require an audit to ensure these relate strictly to objective criteria, such as the inherent job requirements”. While noting the information provided under the Government’s report of 2009 under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that to date only a small number of equality plans have been registered with the Labour Commissioner, the Committee asks the Government to supply information on any measure taken in the context of such equality plans to address wage discrimination and to promote the principle of equal remuneration for work of equal value. The Committee also asks the Government to supply information on the practical application of section 5(c) of the above Rules, including information on any audits undertaken and the results thereof.

Wage boards. The Committee notes that eight wage boards have been in place since April 2006. The Government states in its 2009 report that the boards conducted an investigation into minimum remuneration and other conditions of employment in their respective sectors and made recommendations to the Minister of Labour who issued a wage order. Further to the issue of the wage order and the complaints and strikes that it caused, the Government, after consultation with the Labour, Economic and Social Council (LESCO), contracted consultancy services to conduct an impact assessment study on the wage order and on the whole process of fixing sectoral minimum wages. The Committee further notes that once this study was transmitted to the Minister of Labour, wage boards were able to issue new recommendations which were then submitted to the Minister for further action. The Committee asks the Government to provide information on the action taken by the Minister on the basis of the assessment study received and on the new recommendations issued by the wage boards. Furthermore, recalling that minimum wages are an important means of applying the Convention, the Committee asks the Government to indicate how it is ensured that, when wage boards determine minimum wage rates, jobs predominantly or exclusively undertaken by women are not being undervalued in comparison with those undertaken by men. The Committee would also be grateful if the Government would provide information on the guidelines to be used by the wage boards, mentioned in its 2007 report as being developed on the basis of ILO standards and the Constitution of the United Republic of Tanzania. Please also provide copies of the new wage orders once issued.

Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that a few collective agreements have been concluded under the new Employment and Labour Relations Act, 2004. The Committee therefore asks the Government to indicate whether and to what extent the principle of “equal remuneration for work of equal value” is reflected in collective agreements and to supply examples of such collective agreements. The Committee also asks the Government to indicate the measures taken or envisaged to promote the principle in cooperation with workers’ and employers’ organizations, including measures to raise awareness of the concept of “work of equal value”.

Objective job evaluation and enforcement of the principle of equal remuneration. The Committee notes the Government’s indication that the Open Performance Appraisal System (OPRAS) method is used in the public service to evaluate jobs and determine the levels of remuneration. As regards the private sector, the Committee notes that according to the Government’s report of 2007 a communication strategy was being finalized at the time, with a view to promoting the development and use of a method of objective job appraisal in the context of collective bargaining and at the enterprise level. With reference to its General Survey of 1986 on equal remuneration (paragraphs 138–152), the Committee draws the Government’s attention to the difference between a system of performance appraisal and an objective job evaluation: while the first aims at evaluating the performance of an individual worker in his or her job, the purpose of objective job evaluation is to measure the relative value of jobs with varying content on the basis of the tasks to be performed, regardless of the worker’s actual performance, using criteria such as skill, effort, responsibilities and working conditions. The Committee further notes the Government’s indication in its report of 2009 that labour officers were not provided with specific training on the role of objective appraisals as a means of compliance with the equal remuneration provisions of the Employment and Labour Relations Act, 2004, and that the Government expresses the need for ILO technical assistance in this regard. The Committee therefore asks the Government to provide information on the methods used or envisaged to measure and compare objectively the relative value of jobs in the private and the public sectors. It also asks the Government to take the necessary measures to provide labour inspectors with specific training and with adequate means and tools in order to be in a position to identify and address discrimination in respect of remuneration and violations of the principle of equal remuneration for men and women for work of equal value. The Government is asked to communicate extracts of inspection reports regarding enforcement of the relevant provisions of the Employment and Labour Relations Act and any relevant judicial decisions.

Statistics. The Committee notes the Government’s indication that there is no updated information disaggregated by sex on the levels of remuneration of men and women in the various sectors and occupational groups. The Commission encourages the Government to make every effort to ensure that such statistics are collected with a view to gaining an adequate appreciation of the nature, extent and causes of the existing remuneration gaps between men and women and designing measures to address them accordingly. The Government is requested to provide information on any measures taken in this respect and to communicate whatever information is available on the earning levels of men and women, by branch, economic activity and occupation in both the public and private sectors.

Regretting that the Government’s report contains no information in reply to the its direct request of 2005 with regard to the application of the Convention in Zanzibar, the Committee asks the Government to provide information concerning this territory regarding the following:

(a)   the application of the principle of equal remuneration for men and women for work of equal value by means of legislation;

(b)   the methods used by the social partners and the Wages Advisory Board to determine rates of remuneration without discrimination based on sex;

(c)   the measures taken by the Government to promote objective job evaluation on the basis of the work to be performed both in the private and in the public sectors;

(d)   the manner in which the labour inspection services supervise and ensure the application of the relevant labour legislation on equal remuneration and the results achieved; and

(e)   the practical application of the Convention, including any statistical data available disaggregated by sex on the remuneration of men and women, by branch, economic activity and occupation in both the public and private sectors.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Legislation. The Committee notes that the Employment and Labour Relations Act, 2004, entered into force on 1 August 2006. It recalls that the Act prohibits direct and indirect discrimination based on sex with respect to remuneration and requires employers to take positive steps to guarantee equal remuneration for men and women performing work of equal value (sections 7(4) and 7(9)). The Committee asks the Government to provide information on the practical application of the Act, including information on measures to address wage discrimination and promote the principle of equal remuneration for men and women for work of equal value provided for in equality plans adopted under section 7(2).

2. The Committee notes that the Public Service Act, 2002, repealed the Civil Service Act, 1989. It asks the Government to indicate how respect for the principle of equal remuneration for men and women for work of equal value is ensured in the public service, including information on the methods used to evaluate jobs and assign remuneration levels in a non-discriminatory manner. Please provide any regulations issued under the Public Service Act concerning the remuneration for public servants.

3. Wage boards. The Committee notes that the Labour Institutions Act, 2004, which provides for the establishment of tripartite wage boards entered into force on 1 February 2005. The Government indicates that the Minister of Labour has already appointed tripartite wage boards for the mining, agriculture and domestic services sectors. The Government also states that the Labour, Economic and Social Council is scheduled to convene before 1 August 2006, inter alia, to advise the Government on the manner in which the wage boards may ensure the principle of equal remuneration for work of equal value in the determination of minimum rates of remuneration, so as to avoid gender bias and discrimination based on sex. The Committee asks the Government to provide information on the outcome and follow-up to these deliberations.

4. Collective agreements. The Committee notes the Government’s indication that, due to the very recent entry into force of the Employment and Labour Relations Act, no information concerning the application of the Convention by means of collective agreements was yet available. It therefore asks the Government to provide, in its next report, information on the manner in which collective agreements apply the principle of equal remuneration for men and women for work of equal value and to supply examples of relevant collective agreements.

5. Objective job appraisal. The Committee notes the Government’s statement that the first measure taken to promote objective appraisal of jobs on the basis of the work performed was the appointment of labour officers who are trained and competent to supervise compliance with the relevant labour legislation. The report also states that no information was yet available on how employers and workers are relying on objective job appraisal to determine wages. The Committee asks the Government to provide information on the manner in which it promotes the development and use of methods for objective job appraisal in the context of collective bargaining and at the enterprise level. It also asks the Government to indicate whether any specific training is being provided to labour officers concerning the principle of equal remuneration for work of equal value and the role of objective appraisals as a means of ensuring compliance with the equal pay provisions contained in the Employment and Labour Relations Act.

6. Cooperation with employers’ and workers’ organizations. The Committee notes from the Government’s report that the Labour, Economic and Social Council advises the Government concerning economic growth and social equality policies, including the issue of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide details on the content of any recommendations made by the Council relating to equal pay and the application of the Convention.

7. Enforcement. The Committee asks the Government to supply information on the manner in which the labour inspectorate services supervise and ensure the application of the legal provisions concerning non-discrimination in respect of remuneration and the application of equal remuneration for work of equal value between men and women. Please also provide information on whether any administrative or judicial decisions have been issued in relation to the relevant provisions of the labour legislation, including information on their findings, as well as remedies awarded and sanctions imposed.

8. Statistical information. The Committee asks the Government to provide updated statistical information, disaggregated by sex, on the income levels of men and women in the various sectors and occupational groups, as well as information on the proportion of women in decision-making and management posts.

9. Noting that the Government’s report contains no information in reply to points 8 to 13 of the Committee’s previous direct request (attached for ease of reference) concerning the application of the Convention in Zanzibar, the Committee trusts that the Government will provide the information requested in its next report.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its first report, and asks the Government to provide additional information on the following points.

1. Part I of the report form. Legislation and regulations relating to the application of the Convention in the civil service. The Committee notes the Civil Service Act, 1989, which replaces the 1962 Civil Service Act, and that section 26(a) of the Act upholds regulations issued under the Civil Service Act of 1962, as valid until replaced by new regulations. The Committee further notes the Police Force and Prisons Service Commission Act of 1990 and the Teachers’ Service Commission Act of 1989. In order to undertake a more complete examination of the application of the Convention with respect to the public service, the Committee asks the Government: (i) to confirm in its next report whether the abovementioned legislation is still in force; (ii) whether it applies to civil servants in both mainland Tanzania and Zanzibar; and (iii) to provide copies of any regulations adopted by the commissions established under the respective Acts relevant to the application of the Convention in the public service.

Mainland Tanzania

1. Articles 1 and 2 of the Convention. Legislation. The Committee notes with interest that article 23(1) of the Constitution of the United Republic of Tanzania provides for the right to equal remuneration without discrimination. It also notes with interest the adoption of the Employment and Labour Relations Act, 2004 (ELRA), which appears not yet to have come into force, and which applies to "all employees, including those in the public service", except members of the peoples’ defence forces, the police force, the prisons service and the national service. The Act prohibits indirect and direct discrimination based on sex in any employment policy and practice, including remuneration (sections 7(4) and (9)), and requires employers to take positive steps to guarantee equal remuneration for men and women performing work of equal value (section 7(10)); section 7(2) of the ELRA provides that an employer shall register with the Labour Commissioner a plan to promote equal opportunity and to eliminate discrimination in the workplace. The Committee asks the Government to indicate in its next report whether and when the ERLA has entered into force and to provide information on its practical application in both the public and private sectors. Please also provide information on whether any equality plans have been registered with the Labour Commissioner which include measures to eliminate wage discrimination and to promote equal remuneration for men and women for work of equal value.

2. Wage boards. The Committee notes that, according to sections 35(1) and 36 of the Labour Institutions Act of 2004, the Minister may appoint a tripartite wage board in respect of an area or sector to investigate remuneration and terms and conditions of employment. Based on the recommendations and findings of the wage board, the Minister can make wage orders determining minimum wages and conditions of employment for a particular sector or area. The Committee further notes with interest that section 37(a-b) of the Act provides that the wage board shall take into account article 23 (equal remuneration) of the Constitution and any applicable ILO Conventions or Recommendations. The Government is asked to provide copies of relevant wage orders made by the Minister in the various sectors of the economy and an indication of the men and women covered by them. Please also provide information on the manner in which the wage boards ensure the principle of equal remuneration for work of equal value in the determination of minimum rates of remuneration, so as to avoid gender bias and discrimination based on sex.

3. Collective agreements. The Committee notes that section 8(1)(b) and (c), prohibits trade unions or employers’ organizations from discriminating directly or indirectly on the grounds of sex in any employment policy or practice, including with respect to remuneration (section 7(9)(c)), and in collective bargaining agreements. It asks the Government to provide copies of relevant collective agreements and information on the methods used by the social partners to determine rates of remuneration without discrimination based on sex. The Committee would also be grateful to receive information on the manner in which the Government is promoting the inclusion of equal pay provisions in collective agreements.

4. Article 3. Objective appraisal of jobs on the basis of the work to be performed. Noting the absence of information in the Government’s report on this point, the Committee recalls that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women. It asks the Government to provide information on the measures taken to promote an objective appraisal of jobs on the basis of the work to be performed in both the public and private sectors. Please also provide information concerning the extent to which employers and workers have embarked upon fixing wages in collective agreements on the basis of objective job evaluation free from gender bias.

5. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that Part II of the Labour Institutions Act, 2004, establishes a Labour, Economic and Social Council, comprised of equal representatives from the Government, employers’ organizations, employees’ organizations and experts on economic and social affairs, to advise the Labour Minister on issues related to the promotion of economic growth and social equality and policies, as well as labour market policies. The Government is asked to indicate in its next report whether the Council has given any consideration to the issue of equal remuneration between men and women for work of equal value. Please also provide additional information on the measures that have been taken to promote cooperation with employers’ and workers’ organizations and what results have been obtained from these measures.

6. Parts III and IV of the report form. Enforcement. The Committee asks the Government to supply information on the manner in which the labour inspectorate services supervise and ensure the application of the relevant legislation and the application of equal remuneration for work of equal value between men and women, including information on the methods used. Please also provide information on whether any administrative or judicial decisions have been issued involving the principle of the Convention, including information on their findings, remedies and sanctions.

7. Part V of the report form. Practical application and statistics. The Committee notes the data provided by the Integrated Labour Force Survey 2000/2001 showing that the overall average monthly income of Tanzanian women is consistently lower than their male counterparts across all industries and occupations (with women’s average monthly income being 71.4 per cent of men’s). For example, women’s mean monthly income is significantly lower than men’s among professionals (63.8 per cent of men’s), clerks (68.8 per cent), service and shop workers (48.3 per cent), skilled agriculture and fisheries workers (52 per cent), craft and related workers (55.4 per cent), plant and machine operators (65.8 per cent) and elementary occupations (75.6 per cent). Similarly, women’s average monthly income is lower as compared to men’s in the various industries such as mining and quarrying (34.8 per cent of men’s), manufacture (34.6 per cent), electricity and gas (51.3 per cent), trade (62.3 per cent), agriculture/forestry/fishing (68.5 per cent), personal services (71.9 per cent), construction (89.1 per cent) and finance (94.1 per cent). Furthermore, women earn only 59.3 per cent of men’s mean monthly income in the housework duties sector, where wages are often below the official minimum wage. On the other hand, the figures show that the gender income gap is relatively small for paid employment in the central/local government and parastatal organizations where women’s average income is respectively 91.5 per cent and 92.7 per cent of men’s. The Committee notes that the survey indicates that one of the possible reasons for the existing income gap could be the fact that very few women are employed in higher paid occupations. The Committee asks the Government to provide information on the measures taken to promote the full application of the Convention, to address existing wage and income inequalities between men and women in the various occupations and industries and to promote the employment of women in higher paid jobs. Please also continue to provide statistical information, disaggregated by sex, on the income levels of men and women in the various sectors, occupational groups and levels of employment in both the public and private sectors in the United Republic of Tanzania.

Zanzibar

8. Article 1(a) and (b). Giving legal expression to the principle of equal remuneration for work of equal value. The Committee understands that Zanzibar has recently adopted the Employment Act, 2005, a copy of which has not yet been received by the Office. The Committee notes that in 2003, the Office commented extensively on the draft Employment Bill and recommended, among other things, the insertion of a definition of remuneration that would more fully reflect the notion of remuneration set forth in Article 1(a) of the Convention. Furthermore, although section 10 (prohibition of sex discrimination in employment policy and practice) and sections 11(6) and (10)(d)(iv) of the draft Bill (promoting equality of opportunity and the elimination of discrimination in employment policy and practice, including remuneration) provided a good basis for legal protection from employment discrimination on the basis of sex, including with regard to remuneration, a provision explicitly requiring employers to guarantee equal remuneration for men and women for work of equal value would have greatly improved the Bill. The Committee hopes that the new Employment Act of 2005 has taken into account these recommendations, and it asks the Government to provide a copy of the Act and an indication of its entry into force.

9. Article 2. Methods for determining rates of remuneration. The Committee notes that under the former Labour Act No. 3 of 1997, wages, including minimum wages, could be set by a contract of employment, collective agreement or wage orders. Similarly, under the draft Employment Bill, wages are fixed by an employment contract, by collective agreement or by a wage order, including minimum wage orders, established upon recommendation of the Wages Advisory Board (draft section 89). The Committee asks the Government to provide copies of wage orders that have been established under the former Labour Act of 1997 and which are still in force, and relevant collective agreements setting wage scales and minimum wages in the various sectors of the economy. Please also provide information on the methods and criteria used by the social partners and the Wages Advisory Board to determine rates of remuneration without discrimination based on sex.

10. Article 3. Objective appraisal of jobs. Noting the absence of information in the Government’s report on this point, the Committee recalls its comments under paragraph 4 of this direct request, and asks the Government to provide information on the measures taken to promote an objective appraisal of jobs on the basis of the work to be performed in both the public and private sectors. Please also provide information concerning the extent to which employers and workers have embarked upon fixing wages in collective agreements on the basis of objective job evaluation free from gender bias.

11. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that the composition of Zanzibar’s Wages Advisory Board established by section 90 of the draft Bill will be tripartite. The Committee would be grateful to receive information on the manner in which the Wages Advisory Board will be promoting the inclusion of equal pay provisions in collective agreements. Please also provide additional information on any other measures that have been taken to promote cooperation with employers’ and workers’ organizations and state what results have been obtained from these measures.

12. Parts III and IV of the report form. Enforcement. The Committee asks the Government to supply information on the manner in which the labour inspectorate services supervise and ensure the application of the relevant legislation and the application of equal remuneration for work of equal value between men and women, including information on the methods used. Please also provide any relevant administrative or judicial decisions involving the principle of equal remuneration for work of equal value, and an indication of how wage discrimination complaints have been handled, including information on their findings, remedies and sanctions.

13. Part V of the report form. Practical application and statistics. The Committee notes that the Government provides no information on the practical application of the Convention. It asks the Government to provide such information, including (but not necessarily limited to) statistical data disaggregated by sex (as described in the 1998 general observation on this Convention), legislation, reports, guidelines and other publications, and information on any measures to promote or to ensure the application of the principle of equal remuneration between men and women for work of equal value in Zanzibar.