Analysis of Factors Influencing the Implementation of New Labour Laws in Tanzania
Tanzania has implemented new labour laws in the recent years and the reaction is a mixed bag. The Labour Institution Act, 2004 and the Employment and Labor Relations Act, 2004 directs resolving of labor disputes by the Commission for Mediation and Arbitration (CMA). The new labor regime introduces the principle that labor disputes should be solved as early and at a low a level as possible. It is encouraged therefore that labor disputes be resolved at the place of work. This requires, among other things, that both employers and worker/s are aware of their rights and obligations and how to manage these. Over the years, trade unions and employers’ organizations such as the Trade Union Congress of Tanzania (TUCTA) and the Association of Tanzanian Employers (ATE) have offered courses to their members and representatives on the new labor laws. TUCTA and ATE have also established competent units to assist their members on labor relations issues. However, despite this there is still no doubt that many employers and workers are not fully familiar with the content of the new labor laws as well as the procedures associated with them. (Paulsen, Søren Bo)
The Employment and Labour Relations Act gives workers the right to strike on disputes of interests but indirectly denies it as well. Section 75 of the Act gives employees the right to strike but the right should be in line with limitations which observers have commented on being too severe. (Makoye) A Labour Officer at the Regional Labour Office, who sought to remain anonymous on the grounds that he is not the spokesperson, admitted that the new laws are one sided, basically favoring employers and suppressing employees’ rights. He said workers strike for a variety of reasons, but the mostly for economic reasons such as poor remuneration, poor working tools, an unfavorable working environment, lack of motivation and dissatisfaction. He further said that the new law provided no grounds for employees to embark on a conflict of rights. (Makoye)
The number of strikes in Tanzania is shocking. In one of the strikes of June 2005, the police were forced to intervene in a riot at Karibu Textile mills factory, in which workers were engaging in industrial action because of alleged poor remuneration. Disgruntled workers assembled outside the factory’s main gate and started throwing stones at the interior, while shouting slogans against the management, which responded by calling the police. (Makoye) Another strike in August followed in Dar-es-Salaam where a Pharma company went on strike to protest for better pay and work conditions.
The new law defines a strike as “a total or partial stoppage of work by employees if the stoppage is to compel their employer to accept, modify or abandon any demands that may form the subject matter of dispute of interest.” (Makoye) Section 80 states that before engaging in a strike, workers should ensure that the dispute is of interest and that the dispute has gone through mediation and remains unresolved after mediation. The law also calls for a trade union to approve the strike through a ballot conducted under union constitutions. (Makoye) Hence most of the strikes being held in most institutions are illegal because the strikers fail to comply with the procedures to ‘legalize’ strikes as per the new laws.
Whereas, another interesting issue brought about by the new laws is the settlement of disagreements in the workplace. When a dispute is brought to the CMA, the parties must be represented by third parties (the trade union, ATE or a lawyer specializing in labor relations). The CMA is supposed to provide a less bureaucratic and legalistic system for resolving disputes through an informal but structured hearing and discussion process. The CMA will achieve this firstly by mediation. If unsuccessful, the case will go for arbitration. In short, the difference between the two processes is that the mediation process attempts to find a settlement which is acceptable to both parties, whereas the arbitration process allows the arbitrator to make a decision based on a hearing. (Paulsen, Søren Bo)
References:
Association of Tanzania Employers Newsletter. Issue no. 6, ISSN no. 0856-8146. January 2011. Retrieved 12 May, 2011 from http://www.ate.or.tz/new/images/documents/ATE%20Jan%20newsletter-2011.pdf
Makoye, Kizito. Tanzania: Reactions against new labour law. The Norwegian Council for Africa. 11 August, 2005. Retrieved 12 May, 2011 from www.afrika.no/Detailed/10169.html
Paulsen, Søren Bo. Tanzania’s New Dispute Resolution System. People Power. 5 July, 2010. Issue 3/ Jun-Aug 2010. Retrieved 12 May, 2011 from http://www.peoplepower.co.tz/aspire/article/?id=22
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