Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - United Republic of Tanzania (Ratification: 1962)

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Articles 1 and 2, 4 and 5 of the Convention. Insertion of labour clauses in public contracts. Notice of working conditions. Inspections and sanctions. For a number of years, the Committee has been requesting the Government to take the necessary measures for the insertion in all public contracts covered by this Convention of labour clauses consistent with the requirements of Article 2 of the Convention, and for the enforcement of such clauses in the manner prescribed by Articles 4 and 5 of the Convention. The Committee notes the Government’s reference to Rule 12 of the Employment and Labour Relations (General) Regulations G.N 47/2017, which provides that the statements of employee’s rights shall be in the manner prescribed in Form LAIF.9. The Committee notes, however, that Form LAIF.9 merely recalls the implementation of a set of rights covered under the Employment and Labour Relations Act, such as the right to exercise the rights to freedom of association, annual leave, payment for overtime work and night work allowances. The Committee therefore once again recalls that the mere fact that the general labour legislation is applicable to all workers does not release States that have ratified the Convention from their obligation to take the necessary measures to ensure that public contracts, whether for construction works, the manufacture of goods or the supply of services, include the labour clauses provided for in Article 2(1) of the Convention. This is because the general labour legislation only establishes minimum standards, which are often improved by means of collective bargaining or arbitration awards. If this is the case, under the Convention, the workers concerned must enjoy working conditions which are at least aligned with the most advantageous conditions set through collective agreement or arbitral award. The terms of the labour clauses must be determined after consultation with the employers’ and workers’ organizations concerned (Article 2(3)), must be brought to the knowledge of tenderers in advance of the selection process (Article 2(4)), and notices informing workers of their conditions of work must be posted at the workplace (Article 4(a)(iii)) (2008 General Survey on labour clauses in public contracts, paragraph 45). In this respect, the Committee notes the Government’s indication that it has noted the specific advice provided by the Committee in its comments on the Convention and that the insertion of labour clauses in public contracts will be addressed, following consultation with the social partners, in its upcoming expected review of the labour legislation. It adds that it will request ILO technical assistance in this respect to ensure that the amendments introduced to the labour legislation are aligned with the rules and principles enshrined in the Convention. The Committee further notes the information provided by the Government regarding the measures taken to promote compliance with the Convention, including the launching of campaigns to raise awareness of the Convention which are aimed at stakeholders, such as contractors and subcontractors. Measures also include conducting workshops for all stakeholders on the requirements of the Convention and the national labour laws whenever the Government entities sign contracts for public works. With respect to labour inspection, the Government refers to the elaboration, in collaboration with the ILO Dar-es-Salaam Office of a labour inspection manual in 2020 covering various issues relating to international labour standards and the provision of capacity-building training on labour inspection and administration to labour officers. The Committee expresses the hope that the Government will take the opportunity presented by the review of the labour legislation to bring its national legislation into full conformity with the provisions of the Convention, particularly with respect to the inclusion of a provision requiring the insertion in all public contracts covered by this Convention of labour clauses of a specific content and nature in compliance with the requirements of Article 2 of the Convention, as well as provisions to ensure the enforcement of such clauses in the manner prescribed by Articles 4 and 5 of the Convention.It requests the Government indicate any progress made in this regard.The Committee further expresses the hope that technical assistance from the Office will be available in the near future.