Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes from the Government’s report that in order to ensure that workers’ and employers’ organizations are protected against acts of interference by each other, specific provisions have been included in the Employment and Labour Relations Act concerning the functions to be performed by workers’ representatives, the disclosure of information to trade unions, the granting of paid trade union leave, the recognition of exclusive bargaining agents and the duty to bargain in good faith. While taking due note of these provisions, the Committee considers that legislation should establish an express prohibition of acts of interference coupled with rapid appeal procedures as well as sufficiently dissuasive sanctions against such acts in order to ensure the application of Article 2 in practice (see General Survey on freedom of association and collective bargaining, 1994, paragraph 232). The Committee therefore requests the Government to indicate if the legislation contains provisions on this point and to send the relevant texts.

With regard to its previous comments concerning the Trade Unions Act, the Committee notes that this Act has been repealed by the Employment and Labour Relations Act (section 103 and Second Schedule). However, the Committee also notes that under section 2(1)(iii) and (iv) of the new Act, prison staff and workers in the national service are excluded from the scope of the new legislation. The Committee recalls that according to Articles 5 and 6 of the Convention, the right to bargain collectively applies to all workers and can only be restricted in respect of the police, the armed forces and public servants engaged in the administration of the State. The Committee requests the Government to indicate the provisions which enable prison staff to exercise the right to collective bargaining and to specify the exact function performed by employees in the national service.

Zanzibar

With regard to its previous comments concerning the need to provide trade union members with protection against anti-union discrimination during recruitment and for participation in trade union activities, the Committee notes with interest from the Government’s report that, in addition to the protection currently provided in section 7 of the Trade Union Act, in the framework of the forthcoming labour law reform provisions for protection of trade union members against anti-union discrimination will be provided in the Zanzibar Industrial Court Act and the new Labour Act. The Committee requests the Government to keep it informed of the progress made in the adoption of the Zanzibar Industrial Court Act and the new Labour Act and to provide copies of the new laws once adopted.

With regard to its previous request for information concerning the way in which protection is provided against acts of interference by employers’ and workers’ organizations, the Committee notes from the Government’s report that section 10 of the Trade Union Act provides adequate protection against acts of interference by prohibiting support by financial or other means to a workers’ organization with a view to dominating it. The Committee trusts that in the framework of the forthcoming labour law reform mentioned by the Government, the Zanzibar Industrial Court Act and the new Labour Act will include provisions on protection against acts of interference which shall be accompanied by rapid appeal procedures and sufficiently dissuasive sanctions. The Committee requests the Government to indicate in its next report any measures taken or contemplated to this effect.

With regard to its previous request for information concerning the criteria for the registration of collective agreements and the reasons given for a refusal of registration (sections 4(5), 18(2)(c) and 28(6)(b) of the Zanzibar Industrial Court Act, 1994), the Committee notes that the Government has taken note of this point and indicates that this issue will be corrected during the forthcoming labour law reform. The Committee requests the Government to indicate in its next report any measures taken or contemplated in this respect.

The Committee notes that the Government does not provide any information with regard to its previous comments concerning the exclusion of seafarers and the public sector as a whole from the scope of the Labour Act (section 3 of the Labour Act). The Committee hopes that special provisions will be adopted during the current labour law reform so that these categories of workers may enjoy the rights and guarantees provided by the Convention, and requests the Government to keep it informed in this respect.