UNIVERSITY OF DAR ES SALAAM

SCHOOL OF LAW
LW 303: LABOUR LAW
ASSIGNMENT: 2

STUDENT NAME: Abel, Lucas E

REG. NO. 2014-04-04648.

PROGRAME: Bachelor of laws (LLB)-3rd Year

Question;
It has been said that although the Employment and Labour Relations Act, 2004 as amended
does not compel employers to negotiate with their workforce, there are numerous provisions
in the Act which actively promote and encourage collective bargaining and ‘majoritainism’.
Explain and discuss fully.
Collective bargaining is a negotiation process between employees and
employers with the purpose of finding common ground on issues such as wages,
working hours, rules and other relevant working conditions.

Collective bargaining has become a fundamental principle of labour and

industrial relations in many countries whereas it is a core value of the
international Labor Organization (ILO). In Tanzania Collective bargaining is
covered under the Employment and labor relations Act 2004, where nine
paragraphs in Part VI covers a framework for voluntary collective bargaining.

Despite the labor law’s introduction to collective bargaining, a survey

undertaken by the Association of Tanzania Employers (ATE) indicates that
employers have not yet fully embraced the possibilities that collective
bargaining can provide the same is also likely to be true for employees. 1 Thus,
the new law as amended in 2004 does not compel employers to negotiate with
their workforce,

However, there are numerous provisions in the Act which actively promote and
encourage collective bargaining and ‘majoritainism’ (trade unions) where by the
law establishes among other things include;

A registered Trade union representing the majority of employees in a company

(an employer) can be recognized as the relevant negotiation partner (exclusive
bargaining agent).2 Whereas Section 68(1)3 provides that an employer or
employers association shall bargain in good faith with a recognised trade union.
Also under Rule 51(5)4 grants power to employer the duty to recognize a qualify
union or not to if it does not meet the qualifications given under the law.

1
Poulsen, S.Point of law: Collective bargaining issue 4 Dec 13, 2010 at http:/www.peoplepower.co.tz

2
Section 67 (1) A registered trade union that represents the majority of the employees-ELRA
3
Employment and Labour Relations 2004

4
Employment and Labour Relations (Code of Good Practice) Rules (2007
For example TUCTA (Trade Union Congress of Tanzania) represents and
promotes the opinions and demands of the employees. This means that
employers in a union or majoritainism benefit from a collective bargaining
process.

Section 9(1)5 2004 provides every employee with the right to form and join
trade Union and to participate in the lawful activities of the trade union.

Under section 19 and 20 of the Act 6the maximum numbers of days or hours that
an employee may be permitted or is required to work are: six days in any week;
45 hours in any week; and nine hours in any day. The employer shall not require
or permit an employee to work overtime, however, in most collective bargaining
agreements employees could work a reasonable amount of overtime when
required but should not exceed 12 hours as required by the Law, with employer
compelled to pay an employee not less than one and one-half times the
employee's basic wage for any overtime worked.

The Employment and Labour Relations Act 2004 provides conditions for Job
security to the employees in the Tanzania. The Law lays a basis for negotiating
the collective under section 36 and 37 of the Act 7, states it is unlawful for an
employer to terminate the employment of an employee unfairly. A termination
of employment by an employer is unfair if the employer fails to prove- that the
reason for the termination is valid; that the reason is a fair reason related to the
employee's conduct, capacity or compatibility and is based on the operational
requirements of the employer.8

5
The Employment and Labour Relations Act 2004,

6
ibid

7
ibid

8
An analysis of Wages and Collective bargaining in Tanzania By David Etyang WageIndicator 2017- alrei.org
The Employment and Labour relations Act 2004 provides for Maternity Leave,
where female workers are entitled to at least 12 weeks (84 days) as a minimum
requirement. A pregnant worker has to notify her employer three month before
her maternity and provide medical certificates. Her maternity leave is fully paid
for by the employer also prohibition of pregnant employees working at night
shifts; all provided under section 33 and section 20 (2) of the Act respectively.

The Employment and Labour Act 2004 under section 26 and 27 of Sub-Part C-
Remuneration; give details or guidelines for the calculation of wages of an
employee who is entitled to hour, daily, weekly and monthly wage rates. The
payment of remuneration to an employee must be in the form of money; not in
kind. As a general rule, an employer is not entitled to make any deductions from
an employee’s remuneration as per section 28 of the same Act.

In general, the law is less prescriptive and provides most of the minimum
requirements, which leaves a much wider room for employers and employees to
negotiate the terms and conditions of employment and to agree on work
standards through Collective bargains.

However, there are positive outcomes due to the efforts, for example;
AngloGold Ashanti's Geita Gold Mine reached an agreement with union to
allow exercise of collective bargaining. Whereas Geita Mine Opened Doors to
Trade Union Activities through Geita Gold Mine (GGM) Limited and Tanzania
Mining and Construction Workers Union (Tamico) under signed agreement to
allow activities of the trade union movement at the company's premises. The
agreement also allows to exercise collective bargaining with GGM management
to improve working conditions as per International Labour Organization
(ILO),"9

9
Author: Finnigan wa Simbeye, Tanzania Daily News 25 May 2012
 BIBLIOGRAPHY

 Herman, E and Kuhn , A (1981): Collective Bargaining and Labour

Relations, Prentice-Hall Inc, Englewood Cliffs, New Jersey, USA.

 An analysis of Wages and Collective bargaining in Tanzania By David

Etyang WageIndicator 2017- alrei.org

 Poulsen, S.Point of law: Collective bargaining issue 4 Dec 13, 2010 at

http:/www.peoplepower.co.tz

 Employment and Labour Relations Act, No.6 (2004)

 Employment and Labour Relations (Code of Good Practice) Rules (2007)

 ILO (1999): Collective Bargaining: a fundamental principle, a right, a

Convention; A working Manual, ILO, Geneva.

 Labour Organisation,(2000). Collective Bargaining Geneva, ILO, 123pp