Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

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

Autre commentaire sur C095

Demande directe

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Application of the Convention in mainland Tanzania

Article 7 of the Convention. Works stores. The Committee notes that there are no provisions regarding the operation of works stores in the Employment and Labour Relations Act, 2004. It requests the Government to indicate what measures are in place to ensure compliance with Article 7.

Articles 8 and 10. Deductions from wages. Protection from attachments. The Committee notes that section 28 of the Employment and Labour Relations Act, 2004, which enumerates the cases of authorized deductions, does not provide for an overall limit. Recalling that Article 8 provides that there shall be a limit to the amount of authorized deductions and that Article 10(2) provides that wages shall be protected against attachment or assignment to the extent deemed necessary for the maintenance of the worker and his family, the Committee requests the Government to take the necessary measures to set an overall limit to deductions and attachments and to provide information in this respect.

Article 11. Preferential treatment of wage claims in the event of bankruptcy or judicial liquidation. Further to its previous request on this matter, the Committee notes that section 28(6) of the Employment and Labour Relations Act, 2004, establishes a privilege for wages accrued in respect of the 26 weeks immediately preceding the declaration of bankruptcy and that section 38(1) of the Bankruptcy Act establishes the order of priority among various claims.

Article 14(b). Wage statements. Further to its previous request on this matter, the Committee notes that section 13(3) of the Employment and Labour Relations (General) Regulations, 2017, prescribes the particulars which shall be contained in the wage statements to be delivered at the time of each wage payment in accordance with section 27(2) of the Employment and Labour Relations Act.

Article 15(d). Maintenance of wage records. Further to its previous request on this matter, the Committee notes that section 96 of the Employment and Labour Relations Act provides that every employer shall retain wage records for a period of five years after the termination of employment.

Application of the Convention in Zanzibar

Article 4 of the Convention. Partial payment in kind. The Committee notes that, in reply to its previous direct request, the Government indicates that no regulation for the partial payment of wages in kind has been issued pursuant to section 98(2) of the Employment Act, 2005.

Article 7(2). Works stores. The Committee notes that according to section 98(4) of the Employment Act, 2005, no employee shall be obliged to make use of any shops established by the employer for the use of his or her employees or services operated in connection with the undertaking. While this provision is in conformity with Article 7(1), the Committee recalls that Article 7(2) also requires that where access to stores or services other than those operated by the employer is not possible, the competent authority shall take appropriate measures in order to ensure that goods and services are sold at a fair and reasonable price and in the interest of the workers. The Committee therefore requests the Government to indicate what measures are in place in order to ensure compliance with this provision of the Convention.

Articles 8 and 10. Deductions from wages. Protection from attachments. In its previous comments, the Committee noted that section 103 of the Employment Act, 2005, which enumerates the cases of authorized deductions, does not provide for an overall limit. It notes that the Government indicates that limits are set in specific legislation. The Government gives the example of the limit set for deductions for the payment of social security contributions in the Zanzibar Social Security Fund Act, 2005. In this respect, the Committee recalls that in addition to setting limits for each type of deduction, it is important to establish an overall limit beyond which wages cannot be reduced, in order to protect the income of workers in the case of multiple deductions (2003 General Survey, Protection of wages, paragraph 296). The Committee requests the Government to take the necessary measures to set an overall limit to deductions and attachments and to provide information in this respect.

Articles 14 and 15(d). Keeping workers informed of wage conditions and maintenance of wage records. Further to its previous request on these matters, the Committee notes that section 100(3) of the Employment Act provides the particulars which shall be contained in the wage statements to be delivered at the time of each wage payment. It also notes the Government’s indication that no regulations have been issued pursuant to section 48(3) of the Employment Act on the form of employment records and particulars to be kept by the employer.