Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 11. Preferential treatment of wage claims. The Committee notes the Government’s explanation that the rationale behind the 26-week limit is nothing else than prioritizing payment of an employee’s wage. It notes, in particular, that in the course of labour inspection and labour law seminars, employers are strongly advised to this effect and that the treatment of unpaid wages as privileged debts is basically a matter of practice. The Committee would be grateful if the Government would indicate the rank of privilege granted to workers’ wage claims (e.g. absolute or relative priority vis-à-vis other privileged creditors, in particular, claims of tax authorities or of the social security system), and specify any relevant provisions of the bankruptcy legislation.

Articles 14 and 15(d). Keeping workers informed of wage conditions and maintenance of wage records. The Committee notes that the ministerial 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 issued. The Committee would appreciate receiving a copy of these regulations.

Application of the Convention in Zanzibar. In the absence of any concrete reply on this point, the Committee is obliged to reiterate its request for detailed information on implementing legislation currently in force in Zanzibar. The Committee understands that a labour law reform has been under consideration in Zanzibar since 2005, especially with the aim of boosting employment opportunities for the local population in the tourism and banking sectors. It accordingly requests the Government to provide full particulars regarding the process of labour law reform in Zanzibar and to transmit a copy of the new labour legislation once it is adopted.

Part V of the report form. The Committee notes that the Government has not supplied any information of a practical nature on the application of the Convention for a considerable number of years. It would therefore thank the Government for providing general information on the manner in which the Convention is applied in practice, including for instance the approximate number of workers subject to the relevant legislation, extracts from labour inspection reports showing the number of wage-related offences reported and sanctions imposed, copies of any collective agreements containing clauses on pay conditions, information on any difficulties experienced with regard to the timely payment of wages in the private or public sector, etc.

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

The Committee notes the Government’s report, in particular the adoption of the new Employment and Labour Relations Act No. 6 of 2004 which repeals the Employment Ordinance (Cap. 366) in its entirety. The Committee notes with satisfaction that the new legislation is in substantial conformity with the provisions of the Convention and incorporates most of the improvements that the Office has had the opportunity to suggest in reviewing earlier drafts. For instance, the Committee notes that section 27(4) of the new legislation follows closely the requirements of Article 4 of the Convention regarding payment in kind while section 28(2) reflects the terms of Paragraph 2 of the Protection of Wages Recommendation, 1949 (No. 85), on wage deduction for loss or damage, in line with the Office comments of April 2000 and July 2003. The Committee also notes that the new Employment and Labour Relations Act prescribes in section 102(4) specific penalties for wage-related offences.

However, the Committee notes that two other aspects of the Convention do not appear to be adequately reflected in the new legislation; namely, the attachment and assignment of wages and the preferential treatment of wage claims in the event of the employer’s bankruptcy. The Committee requests, therefore, that the Government specifies the legal provisions regulating the conditions under which, and the limits within which, wages may be attached or assigned. Moreover, while noting section 28(6) of the new Employment and Labour Relations Act, 2004, which sets a 26-week limit to wage claims to be protected in the case of bankruptcy or winding up of an employer’s business, the Committee asks the Government to indicate the provision(s) explicitly recognizing workers as privileged creditors and defining the relative priority of wage claims among privileged debts. In this connection, the Committee recalls that the Government, in its report under article 19 of the ILO’s Constitution submitted for the purposes of the 2003 General Survey on the protection of wages Convention and Recommendation, had stated that workers are treated as privileged creditors as a matter of practice even in the absence of national laws or regulations on this matter. The Committee would appreciate receiving additional explanations in this respect. Finally, the Committee requests the Government to indicate whether the regulations referred to in section 98(2)(d), (f), (i) and (m) of the new Employment and Labour Relations Act, 2004, have been issued and, if so, to transmit copies of these texts.

Application of the Convention in Zanzibar. Further to its previous comments on this point, the Committee notes that under section 2(1) of the new Employment and Labour Relations Act, 2004, this Act applies to all employees, including those in the public service, in mainland Tanzania. The Committee is, therefore, obliged to reiterate its request for specific information concerning the state of law and practice in respect of wage protection in Zanzibar. The Committee recalls the Government’s earlier indication that it pursues active consultations with the Government of Zanzibar and trusts that the Government will soon be in a position to report on the concrete results of those consultations.

Part V of the report form. The Committee would be grateful if the Government would make an effort to obtain and communicate in its next report, concrete information on the effect given to the Convention in practice, both in the mainland and Zanzibar, including, for example, reports of labour inspection services, statistics on the number of inspection visits carried out and the results obtained in matters covered by the Convention, as well as any other particulars which would facilitate the Committee’s task to supervise the observance of the standards set out in the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s last report in which it indicates that the Convention continues to be given effect through the Employment Ordinance (Cap. 366) and that consequently there have been no changes in its application. The Committee understands, however, that the Government is in the process of revising its labour legislation and that the draft text of a new Employment Act was submitted to the Office for review and comments more than three years ago. The Committee expresses the hope that the new legislation incorporating the improvements suggested by the Office in April 2000 and again in July 2003 will soon be completed. It asks the Government to report on further developments in this matter and to communicate the texts of any revised labour laws as soon as they are finalized.

Application of the Convention in Zanzibar. The Committee has been requesting the Government for some time past to clarify the situation with regard to the implementing legislation applicable to Zanzibar. In its reply, the Government merely states that it pursues active consultations with the Government of Zanzibar and that reports should be expected soon. The Committee understands that a new Zanzibar Labour Act was enacted in 1997 and that following its entry into force the Labour Decree of 1946 (Chapter 61) has been repealed. Moreover, the Committee notes that the Zanzibar Labour Act, 1997 contains a few provisions, such as sections 35(1) (wage particulars in contracts of service), 48(2) (maintenance of wage records and issue of pay slips), 58 (periodicity of wage payment and wage deductions) and 80-83 (disciplinary sanctions), covering certain aspects of wage protection in pursuance of the requirements of the Convention. The Committee requests the Government to provide in its next report detailed information on the state of law and practice in Zanzibar with regard to these and other standards laid down by the Convention, including the principle of wage payment in legal tender, the conditions and limits of wage payment in kind, the direct payment of wages, the freedom of workers to dispose of their wages, the preferential treatment of wage claims in case of bankruptcy, or the prohibition of payment at certain places or outside working hours.

Part V of the report form. The Committee notes that the Government has failed in recent years to provide any information on the practical application of the Convention, particularly as regards measures to ensure compliance with the national legislation in respect of wage protection. While noting the Government’s indication that the ongoing Labour Policy and Legislation Reform is expected to make recommendations concerning the reinforcement of the labour inspection services, the Committee requests the Government to make every effort to obtain and communicate in its next report concrete information on the effect given to the Convention in practice, both in the mainland and Zanzibar, including for instance extracts from official reports, statistics on the number of inspection visits carried out and the results obtained in matters covered by the Convention, as well as any other particulars which would enable the Committee to better appreciate the progress achieved or the difficulties encountered in securing the observance of the standards embodied in the Convention.

[The Government is asked to report in detail in 2004.]

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government concerning the application of the Convention, including the reference to the efforts made by the labour inspectorate to enforce the relevant legislation. It would be grateful to the Government for continuing to provide information on the application in practice.

The Committee, however, notes that the Government does not respond to its previous request concerning the application of the Convention in Zanzibar. From the information available at the International Labour Office, the Committee notes that there have been some legislative provisions specific to Zanzibar such as the Labour Decree of 1946 (Chapter 61), which may give effect to at least some of the provisions of the Convention. It requests the Government to specify whether this Labour Decree is still in force (if so, please provide a copy of its latest version), or whether the legislation mentioned in the Government’s report (for instance, the Employment Ordinance Cap. 366) is also applicable in Zanzibar.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government concerning the application of the Convention, including the reference to the efforts made by the labour inspectorate to enforce the relevant legislation. It would be grateful to the Government for continuing to provide information on the application in practice.

The Committee, however, notes that the Government does not respond to its previous request concerning the application of the Convention in Zanzibar. From the information available at the International Labour Office, the Committee notes that there have been some legislative provisions specific to Zanzibar such as the Labour Decree of 1946 (Chapter 61), which may give effect to at least some of the provisions of the Convention. It requests the Government to specify whether this Labour Decree is still in force (if so, please provide a copy of its latest version), or whether the legislation mentioned in the Government’s report (for instance, the Employment Ordinance Cap. 366) is also applicable in Zanzibar.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes the information supplied by the Government concerning the application of the Convention, including the reference to the efforts made by the labour inspectorate to enforce the relevant legislation. It would be grateful to the Government for continuing to provide information on the application in practice.

The Committee, however, notes that the Government does not respond to its previous request concerning the application of the Convention in Zanzibar. From the information available at the International Labour Office, the Committee notes that there have been some legislative provisions specific to Zanzibar such as the Labour Decree of 1946 (Chapter 61), which may give effect to at least some of the provisions of the Convention. It requests the Government to specify whether this Labour Decree is still in force (if so, please provide a copy of its latest version), or whether the legislation mentioned in the Government’s report (for instance, the Employment Ordinance Cap. 366) is also applicable in Zanzibar.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government concerning the application of the Convention, including the reference to the efforts made by the labour inspectorate to enforce the relevant legislation. It would be grateful to the Government for continuing to provide information on the application in practice.

The Committee, however, notes that the Government does not respond to its previous request concerning the application of the Convention in Zanzibar. From the information available at the International Labour Office, the Committee notes that there have been some legislative provisions specific to Zanzibar such as the Labour Decree of 1946 (Chapter 61), which may give effect to at least some of the provisions of the Convention. It requests the Government to specify whether this Labour Decree is still in force (if so, please provide a copy of its latest version), or whether the legislation mentioned in the Government' report (for instance, the Employment Ordinance Cap. 366) is also applicable in Zanzibar.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the Government's last report in which it indicates that there have been no changes concerning the application of this Convention. Nevertheless, the report contains no information on the manner in which the Convention is applied including, for instance, extracts from official reports, information concerning the number and nature of violations that have been reported, etc., as requested in point V of the report form. Furthermore, the report appears to refer only to the application of the Convention in the Mainland (Tanganyika), but gives no information as regards Zanzibar.

The Committee therefore requests the Government to supply information on the manner in which the Convention is applied, and on how it is applied in Zanzibar, including, for instance, whether the legislation protecting wages on the Mainland (Tanganyika) is also applicable in Zanzibar.