Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 95) sur la protection du salaire, 1949 - République-Unie de Tanzanie (Ratification: 1962)

Application of the Convention in mainland Tanzania

Article 11 of the Convention. Preferential treatment of wage claims in the event of bankruptcy or judicial liquidation. The Committee notes that under section 28(6) of Employment and Labour Relations Act No. 6 of 2004, employees’ wage claims accrued in respect of the 26 weeks immediately preceding the declaration of the employer’s bankruptcy are privileged debts. The Committee notes, however, that under section 38(1) of Bankruptcy Act No. 9 of 1930, as amended, the wage claims to be paid in priority to all other debts are limited to the wages or salary of any clerk or labourer not exceeding 4,000 shillings in respect of services rendered to the bankrupt during the four months before the opening of bankruptcy proceedings. The Committee accordingly requests the Government to provide additional explanations on the state of national law and practice with regard to the privileged protection granted to workers’ wage claims in the event of the employer’s bankruptcy.

Articles 14 and 15(d). Keeping workers informed of wage conditions and maintenance of wage records. Further to its previous comment, the Committee notes the Government’s indication that the draft regulations referred to in section 98(2) of the Employment and Labour Relations Act, 2004 concerning the form and content of written particulars of employment to be given to employees and the keeping of books and records have been prepared and are currently before the Labour, Economic and Social Council (LESCO) for consultations. The Committee requests the Government to keep the Office informed of further developments in this regard and to transmit a copy of these regulations once they are issued.

Application of the Convention in Zanzibar

Article 4. Partial payment of wages in kind. The Committee notes that section 98(2) of Employment Act No. 11 of 2005 provides that the Minister of Labour may, after consultation with the Labour Advisory Board, by regulation authorize the partial payment of wages in the form of allowances in kind. The Committee requests the Government to specify whether such regulations have already been issued, and if so, to transmit a copy.

Article 8(1). Deductions from wages. The Committee notes that section 103 of the Employment Act, 2005, which enumerates the cases of authorized deductions, does not provide for an overall limit except for deductions to reimburse an employer for loss or damage, in which case deductions may not exceed one quarter of the employee’s remuneration. Recalling that under Article 8(1) of the Convention, deductions authorized by national laws or regulations, or fixed by collective agreements or arbitration awards, must not exceed the extent deemed necessary for the maintenance of the workers and his/her family, the Committee requests the Government to explain how effect is given to this requirement of the Convention in case of deductions from wages on multiple grounds.

Articles 14 and 15(d). Keeping workers informed of wage conditions and maintenance of wage records. The Committee notes that under section 48(3) of the Employment Act, 2005, the Labour Commissioner shall from time to time prescribe the form of employment records (including number of employees, rates of remuneration and other conditions of employment) and particulars to be kept by the employer. The Committee requests the Government to specify whether regulations on employment records have already been issued, and if so, to transmit a copy. The Committee also requests the Government to indicate the legal provisions, if any, which require that workers be informed: (i) of the wage conditions applicable to them before they enter employment and when any changes take place; and (ii) of the wage details for the period concerned at the time of each payment.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government regarding inspection results for the period 2011–12. The Committee requests the Government to continue to provide up-to-date information concerning the practical application of the Convention both in mainland Tanzania and in Zanzibar.