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

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

Article 8 of the Convention. Prohibition to forgo paid annual holiday. The Committee notes that, section 31(6) of the Employment and Labour Relations Act 2004, as amended by the Employment and Labour Laws (Miscellaneous Amendments) Act, 2015, provides that with the consent of an employee, the employer may require or permit such employee to work for the employer during a period of annual leave, on the condition that such employee shall not work for a continuous period of two years. The Committee further notes that, according to section 31(7) of the abovementioned Act, “subject to subsections (6) and (8), an employer shall pay the employee one month salary in lieu of annual leave to which that employee is entitled or was called upon to work”. The Committee recalls that Article 8 of the Convention prohibits any relinquishment of the right of annual holiday with pay. The Committee requests the Government to take the necessary measures to ensure that the workers covered by the Convention effectively enjoy a period of annual holiday with pay every year, independently of any monetary compensation. The Committee also requests the Government to provide information on any progress made in this regard.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 5(b) of the Convention. Increase in the duration of paid annual leave. The Committee notes the Government’s reference to section 55(1) and (2) of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, which provides that matters for collective bargaining include the terms and conditions of employment such as the hours of work, leave or notice periods. The Committee requests the Government to provide copies of any applicable collective agreements which would contain clauses on paid annual leave in the agricultural sector, in particular as regards the increase in the duration of the annual leave with the length of service.

Article 9. Monetary compensation in lieu of leave upon termination of employment. The Committee notes the Government’s indication that, as a matter of practice, cash payment in lieu of unused leave is provided to an employee who, upon termination of the employment contract, has not taken the leave within the periods and circumstances prescribed in section 31(3) of the Employment and Labour Relations Act, 2004. The Committee observes, however, that section 31(9) of the same Act provides exactly the opposite, namely that an employee is not entitled to be paid any pro rata amount for accrued annual leave if the employee has not taken the leave within the periods and circumstances prescribed in section 31(3). The Committee accordingly requests the Government to take the necessary measures in order to bring the national legislation into line with established practice.

Part V of the report form. Application in practice. The Committee would appreciate it if the Government would supply up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, labour inspection results showing the number of infringements observed and penalties imposed, etc.

Finally, the Committee once again invites the Government to consider ratification of the Holidays with Pay Convention (Revised), 1970 (No. 132), which would involve the automatic denunciation of the outdated Convention No. 101. The ratification of Convention No. 132 appears to be all the more appropriate as the legislation of mainland Tanzania is not limited to agricultural workers but is of general application, and provides for 28 days of paid annual leave which is clearly more favourable than the three-working-week standard set out in Convention No. 132. The Committee therefore asks the Government to keep the Office informed of any future developments concerning the possible ratification of Convention No. 132.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Scope of application. The Committee notes that, by virtue of section 2(1), the Employment and Labour Relations Act, 2004, applies to all employees with the exception of members in the service of the defence forces, the police force, the prisons service and the national service. Nevertheless, by virtue of section 100(1), the Minister of Labour may exempt any employer or class of employers from any employment standard relating, in particular, to annual holidays with pay. The Committee requests the Government to indicate whether the Minister of Labour has granted such exceptions and, if so, whether the exceptions apply to employers in the agricultural sector.

Article 2, paragraph 3. Consultation of organizations of employers and workers. The Committee notes that, according to the information provided by the Government, employers, workers and other stakeholders participated in the process of reforming labour market policies and legislation, particularly with regard to holidays with pay. The Committee requests the Government to supply further information on the consultation process that led to the adoption of the Employment and Labour Relations Act, 2004.

Article 5(b). Increase in the duration of paid annual leave. The Committee notes that the Government indicates in its report that an increase in the duration of paid holidays in accordance with length of service is dependent on collective agreements; otherwise it is statutorily provided. The Committee requests the Government to supply copies of collective agreements containing provisions on this matter and to specify which legal provisions provide for an increase in the duration of annual holidays.

Article 5(d). Days excluded from the annual holiday. The Committee notes that section 31(1) of the Employment and Labour Relations Act, 2004, provides specifically that the 28 consecutive days’ annual leave are inclusive of any public holiday that may fall within the period of the leave. The Committee also understands that weekly rest periods are included in the annual paid leave, given that the leave consists of at least 28 consecutive days by virtue of section 31(1) of the Act. The Committee requests the Government to indicate whether it envisages excluding public holidays and weekly rest periods from the annual holiday.

Furthermore, the Committee notes that the Employment and Labour Relations Act, 2004, does not specifically provide the exclusion of sick leave from the number of days of annual leave to which a worker is entitled. The Committee notes, however, that by virtue of section 31(5) of the Act, an employer shall not require or permit an employee to take annual leave in place of any leave to which the employee is entitled under that part of the Act. In this regard, the Committee notes that subparagraph (d) of Part III of the “Employment standards” of the Act relates to annual leave, sick leave, maternity leave, paternity leave and other forms of leave. The Committee requests the Government to indicate whether section 31(5) of the Employment and Labour Relations Act, 2004, should be interpreted to mean that sick leave is excluded from annual leave.

Article 9. Holiday due in the event of termination of the work relationship. The Committee notes that section 31(8)(a) of the Employment and Labour Relations Act, 2004, provides that in the event of cessation of the work relationship, the employer shall pay an employee a pro rata amount for annual leave accrued. By virtue of section 31(9), however, an employee is not entitled to be paid this amount if he has not taken the accrued leave within the periods and circumstances prescribed in section 31(3). The Committee draws the Government’s attention to the fact that by virtue of this provision of the Convention, a person dismissed for a reason other than his own misconduct before he has taken holiday due to him shall receive remuneration for each day of holiday due, and that the provision does not exclude employees who have not taken their annual holidays within the time limit prescribed by national legislation. The Government is requested to supply further information on the application in practice of section 31(9) of the Employment and Labour Relations Act.

Part V of the report form. Application in practice. The Committee requests the Government to supply general indications on the manner in which the Convention is applied in practice by providing, for instance, extracts from reports of the inspection services, and, if possible, statistics concerning the number of workers covered by the relevant legislation, the number and nature of the contraventions reported, etc.

The Committee also takes this opportunity to recall that, on a proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that Convention No. 101 is outdated and invited States parties to that Convention to contemplate ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not deemed to be fully up to date but remains relevant in certain respects (see GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 in respect of persons employed in agriculture by a State party to Convention No. 101 ipso jure involves the immediate denunciation of the latter. The Committee requests the Government to keep the Office informed of any decision it may take in this respect.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Scope of application. The Committee notes that, by virtue of section 2(1), the Employment and Labour Relations Act, 2004, applies to all employees with the exception of members in the service of the defence forces, the police force, the prisons service and the national service. Nevertheless, by virtue of section 100(1), the Minister of Labour may exempt any employer or class of employers from any employment standard relating, in particular, to annual holidays with pay. The Committee requests the Government to indicate whether the Minister of Labour has granted such exceptions and, if so, whether the exceptions apply to employers in the agriculture sector.

Article 2, paragraph 3. Consultation of organizations of employers and workers. The Committee notes that, according to the information provided by the Government, employers, workers and other stakeholders participated in the process of reforming labour market policies and legislation, particularly with regard to holidays with pay. The Committee requests the Government to supply further information on the consultation process that led to the adoption of the Employment and Labour Relations Act, 2004.

Article 5(b). Increase in the duration of paid annual leave. The Committee notes that the Government indicates in its report that an increase in the duration of paid holidays in accordance with length of service is dependent on collective agreements; otherwise it is statutorily provided. The Committee requests the Government to supply examples of collective agreements containing provisions on this matter and to specify which legal provisions provide for an increase in the duration of annual holidays.

Article 5(d). Days excluded from the annual holiday. The Committee notes that section 31(1) of the Employment and Labour Relations Act, 2004, provides specifically that the 28 consecutive days’ annual leave are inclusive of any public holiday that may fall within the period of the leave. The Committee also understands that weekly rest periods are included in the annual paid leave, given that the leave consists of at least 28 consecutive days by virtue of section 31(1) of the Act. The Committee requests the Government to indicate whether it envisages excluding public holidays and weekly rest periods from the annual holiday.

Furthermore, the Committee notes that the Employment and Labour Relations Act, 2004, does not specifically provide the exclusion of sick leave from the number of days of annual leave to which a worker is entitled. The Committee notes, however, that by virtue of section 31(5) of the Act, an employer shall not require or permit an employee to take annual leave in place of any leave to which the employee is entitled under that part of the Act. In this regard, the Committee notes that subparagraph (d) “Leave” of Part III of the “Employment standards” of the Act relates to annual leave, sick leave, maternity leave, paternity leave and other forms of leave. The Committee requests the Government to indicate whether section 31(5) of the Employment and Labour Relations Act, 2004, should be interpreted to mean that sick leave is excluded from annual leave.

Article 9. Holiday due in the event of cessation of the work relationship. The Committee notes that section 31(8)(a) of the Employment and Labour Relations Act, 2004, provides that in the event of cessation of the work relationship, the employer shall pay an employee a pro rata amount for annual leave accrued. By virtue of section 31(9), however, an employee is not entitled to be paid this amount if he has not taken the accrued leave within the periods and circumstances prescribed in section 31(3). The Committee draws the Government’s attention to the fact that by virtue of this provision of the Convention, a person dismissed for a reason other than his own misconduct before he has taken holiday due to him shall receive remuneration for each day of holiday due, and that the provision does not exclude employees who have not taken their annual holidays within the time limit prescribed by national legislation. The Government is requested to supply further information on the application in practice of section 31(9) of the Employment and Labour Relations Act.

Part V of the report form. The Committee requests the Government to supply general indications on the manner in which the Convention is applied in practice by providing, for instance, extracts from the reports of the inspection services, and, if possible, statistics concerning the number of workers covered by the relevant legislation, the number and nature of the contravention reported, etc.

The Committee also takes this opportunity to recall that, on a proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that Convention No. 101 is outdated and invited States parties to that Convention to contemplate ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not deemed to be fully up to date but remains relevant in certain respects (see document GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 in respect of persons employed in agriculture by a State party to Convention No. 101 involves the immediate denunciation of the latter. The Committee requests the Government to keep the Office informed of any decision it may take in this respect.

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

The Committee notes with interest the Employment and Labour Relations Act, 2004, which repeats, by virtue of section 103(1) and Annex 2, the Employment Ordinance (Chap. 366) and the Regulation of Wages and Terms of Employment Ordinance (Chap. 300). The Committee also notes that, by virtue of its section 1, the Act enters into force on the date set by the Minister of Labour. The Government is requested to indicate whether the Employment and Labour Relations Act, 2004, has entered into force and, if so, on what date.

Article 1 of the Convention. Scope of application. The Committee notes that, by virtue of section 2(1), the Employment and Labour Relations Act, 2004, applies to all employees with the exception of members in the service of the defence forces, the police force, the prisons service and the national service. Nevertheless, by virtue of section 100(1), the Minister of Labour may exempt any employer or class of employers from any employment standard relating, in particular, to annual holidays with pay. The Committee requests the Government to indicate whether the Minister of Labour has granted such exceptions and, if so, whether the exceptions apply to employers in the agriculture sector.

Article 2, paragraph 3. Consultation of organizations of employers and workers. The Committee notes that, according to the information provided by the Government in its report, employers, workers and other stakeholders participated in the process of reforming labour market policies and legislation, particularly with regard to holidays with pay. The Committee requests the Government to supply further information on the consultation process that led to the adoption of the Employment and Labour Relations Act, 2004.

Article 5(b). Increase in the duration of paid annual leave. The Committee notes that the Government indicates in its report that an increase in the duration of paid holidays in accordance with length of service is dependent on collective agreements; otherwise it is statutorily provided. The Committee requests the Government to supply examples of collective agreements containing provisions on this matter and to specify which legal provisions provide for an increase in the duration of annual holidays.

Article 5(d). Days excluded from the annual holiday. The Committee notes that section 31(1) of the Employment and Labour Relations Act, 2004, provides specifically that the 28 consecutive days’ annual leave shall be inclusive of any public holiday that may fall within the period of the leave. The Committee also understands that weekly rest periods are included in the annual paid leave, given that the leave consists of at least 28 consecutive days by virtue of section 31(1) of the Act. The Committee requests the Government to indicate whether it envisages excluding public holidays and weekly rest periods from the annual holiday.

Furthermore, the Committee notes that the Employment and Labour Relations Act, 2004, does not specifically provide the exclusion of sick leave from the number of days of annual leave to which a worker is entitled. The Committee notes, however, that by virtue of section 31(5) of the Act, an employer shall not require or permit an employee to take annual leave in place of any leave to which the employee is entitled under that part of the Act. In this regard, the Committee notes that subparagraph (d) "Leave" of Part III of the "Employment standards" of the Act relates to annual leave, sick leave, maternity leave, paternity leave and other forms of leave. The Committee requests the Government to indicate whether section 31(5) of the Employment and Labour Relations Act, 2004, should be interpreted to mean that sick leave is excluded from annual leave.

Article 9. Holiday due in the event of cessation of the work relationship. The Committee notes that section 31(8)(a) of the Employment and Labour Relations Act, 2004, provides that in the event of cessation of the work relationship, the employer shall pay an employee a pro rata amount for annual leave accrued. By virtue of section 31(9), however, an employee is not entitled to be paid this amount if he has not taken the accrued leave within the periods and circumstances prescribed in section 31(3). The Committee draws the Government’s attention to the fact that by virtue of this provision of the Convention, a person dismissed for a reason other than his own misconduct before he has taken holiday due to him shall receive remuneration for each day of holiday due, and that the provision does not exclude employees who have not taken their annual holidays within the time limit prescribed by national legislation. The Government is requested to supply further information on the application in practice of section 31(9) of the Employment and Labour Relations Act.

Part V of the report form. The Committee requests the Government to supply general indications on the manner in which the Convention is applied in practice by providing, for instance, extracts from the reports of the inspection services, and, if possible, statistics concerning the number of workers covered by the relevant legislation, the number and nature of the contravention reported, etc.

The Committee also takes this opportunity to recall that, on a proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considers that Convention No. 101 is outdated and invited States parties to that Convention to contemplate ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not deemed to be fully up to date but remains relevant in certain respects (see document GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 in respect of persons employed in agriculture by a State party to Convention No. 101 involves the ipso jure denunciation of the latter. The Committee requests the Government to keep the Office informed of any decision it may take in this respect.