Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - United Republic of Tanzania.Tanganyika (Ratification: 1962)

Article 9 of the Convention. Monetary compensation for untaken annual leave. The Committee notes the Government’s indication that notwithstanding the provisions of section 31(9) of the Employment and Labour Relations Act, 2004, in practice, employees are entitled to be paid for accrued leave upon termination of employment. The Government also indicates that a 2011 decision of the Labour Division of the High Court has upheld the entitlement of an employee to accrued leave not taken in a period of four years. While noting these explanations, the Committee hopes that in the interest of legal certainty and clarity, the Government will consider the possibility of amending section 31(9) of the Act to bring it into line with the requirements of this Article of the Convention. The Committee accordingly requests the Government to keep the Office informed of any further developments in this regard. In addition, the Committee requests the Government to transmit copies, or at least relevant extracts, of the five collective agreements for the agricultural sector to which reference is made in the Government’s report.