Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Inspection Convention, 1947 (No. 81) - United Republic of Tanzania.Tanganyika (Ratification: 1962)

Articles 4 and 5(a) of the Convention. Supervision and control by a central authority. Effective cooperation between inspection services. The Committee notes the indication of the Government that in 2020–21 the Joint Committee (composed of the Heads of Labour Department, the Occupational Safety and Health Authority (OSHA), a Workers Compensation Fund (WCF), and a National Social Security Fund (PSSSF)) coordinated, evaluated and monitored an inspection plan which covered 676 employers with on-site visits. Regarding the coordination between the OSHA and the Labour Administration and Inspection Section (LAIS), the Government refers to the administrative structure of LAIS and OSHA and indicates that coordination of an inspection at the national level overrides the regional scope. The Committee notes however that the Government does not provide any information on the cooperation of the two branches at the national or regional level. Regarding the manner in which the LAIS oversees the field structure of inspectors, the Committee notes the reference made by the Government to the labour inspection manual. However, the Committee notes that this manual was not transmitted to the Office. The Committee also notes that the Government is planning to establish an online system to enhance LAIS control and supervision over the field structure of inspectors and strengthen communication between the central and regional offices. The Committee requests the Government to continue to provide information on the number and nature of inspection activities conducted by the Joint Committee at both national and regional levels. It once again requests the Government to provide information on the measures taken or envisaged to enhance coordination and coherence of the labour inspection systems between the two inspection branches of the OSHA and LAIS. Moreover, the Committee requests the Government to provide information on the progress made regarding the development of an online system and describe the manner in which the new system enhances LAIS supervision over the field structure of the inspectorate. The Government is further requested to provide a copy of the labour inspection manual.

Articles 7 and 10. Number and training of inspectors. Regarding the reasons for the decrease in the number of labour inspectors, the Government refers to retirement and secondment and indicates that budget constraints have affected the replacement process. The Government indicates however that the deficit has been handled by speeding up the transformation to online services (e-office operations). Regarding measures taken to ensure that the number of labour inspectors is sufficient to secure the effective discharge of their duties, the Committee notes the indication of the Government that the recruitment of labour inspectors is in progress. With respect to training, the Government indicates that: (i) the training of OSH officers is based on developing needs and the availability of funds; and (ii) trainings are conducted annually, covering OSH risk assessment, accident investigation, OSH Administration and inspection techniques. The Committee notes that the Government has also taken advantage of training courses conducted by the ILO. The Committee requests the Government to continue to provide information on the progress made in the recruitment of new inspectors and to provide figures on the number of inspectors working for the LAIS and OSHA respectively. The Committee also requests the Government to continue to pursue its efforts to ensure that inspectors receive adequate training for the performance of their duties. In this respect, it requests the Government to provide information on the introductory training provided to new inspectors, the number of inspectors that received training, the duration of such training and the subjects covered. In addition, the Committee requests that the Government provide information on the compensation and job security provided to labour inspectors in both the LAIS and OSHA, in comparison to compensation and job security provided to positions of comparable responsibility such as tax inspectors and the police.

Article 12(1)(a). Right of inspectors to enter workplaces freely. Timing of inspections. Regarding the definition of “reasonable time” contained in section 45(1)(a) of the Labour Institutions Act, the Government indicates that reasonable time in the context of inspection is the time when workers are being ordinarily found at the workplace, executing their tasks in the course of employment. Regarding inspections conducted without prior notice, the Committee notes the Government’s indication that other than follow-up inspections, almost all inspections are conducted without prior notice. With respect to denied entries, the Government indicates that there have been a few cases where inspectors were denied entry. In this respect, the Government further indicates that awareness-raising workshops are conducted to ensure that representatives of employers and their members are informed of the duties, roles and responsibilities of the Labour Officers. The Committee recalls that Article 12(1)(a) of the Convention provides that labour inspectors shall be empowered to enter freely and without previous notice “at any hour of the day or night” any workplace liable to inspection, and Article 12(1)(b) provides that labour inspectors shall be empowered to enter “by day” any premises which they may have reasonable cause to believe to be liable to inspection. Referring to its General Survey of 2006 on labour inspection, paragraph 270, the Committee recalls that it should be for the inspector to decide whether the timing of a visit is reasonable, such as when checking for violations that concern abusive night work conditions in a workplace officially operating during the daytime, but that inspections should only be carried out at night or outside working hours where this is warranted. Accordingly, the Committee requests that the Government take the necessary measures to bring the national law and practice into conformity with the requirements set out in Article 12(1)(a)–(b) of the Convention. The Committee also requests the Government to provide information on the penalties provided for obstruction of labour inspectors in the performance of their duties and to indicate the number and amount of penalties imposed in case of obstruction.

Articles 17 and 18. Legal proceedings and effective enforcement of penalties. Further to its previous comments, the Committee notes the information provided in the Government’s report regarding the violations of the Employment and Labour Relations Act for 2020–21. In particular, the Committee notes that 417 compliance orders were issued, 73 violations were detected and dealt with accordingly and 55 cases were submitted to Courts. In this respect, the Government indicates that the outcome of some of the Court proceedings included the issuance of compliance orders and penalty notices to the employers. Regarding the development of the Compounding of Offences Regulations, the Government indicates that the regulation is currently under consultation and will be shared with the Office once adopted. The Committee requests the Government to continue to provide information on the number of violations detected, the number of compliance orders issued, the number of cases brought to the courts as well as subsequent convictions, and also information on the number and the cumulative amount of the fines imposed.

Articles 20 and 21. Annual labour inspection reports. The Committee notes the Government’s indication that the central authority has been compiling labour reports annually. The Government further indicates that the report covering 2021–22 and 2022–23 is being finalized and will be published after mobilization of resources. The Committee requests the Government to indicate the obstacles identified to the preparation and publication of the annual inspection report. Moreover, the Committee reiterates its previous request to the Government to strengthen its efforts to publish and communicate to the ILO annual labour inspection reports on a regular basis, as required by Article 20 of the Convention, including all subjects covered in Article 21(a)-(g).