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

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

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.