Annual Labour Administration and Inspection Report

UNITED REPUBLIC OF TANZANIA
MINISTRY OF LABOUR AND EMPLOYMENT

DEPARTMENT OF LABOUR

ANNUAL LABOUR ADMINISTRATION AND INSPECTION REPORT
2011/2012

i

TABLE OF CONTENT

FOREWORD .. .. .. .. .. .. .. .. .. iii
LIST OF TABLES .. .. .. .. .. .. .. .. v
1.0 INTRODUCTION .. .. .. .. .. .. .. .. 1
2.0 LABOUR LAW PROFILE .. .. .. .. .. .. 4
2.1 Employment and Labour Relations Act No. 6/2004 .. 5
2.2 Labour Institutions Act No. 7/2004 .. .. .. .. 5
2.2.1 Labour, Economic and Social Council .. .. 5
2.2.2 Commission for Mediation and Arbitration .. 6
2.2.3 Wage Boards .. .. .. .. .. .. 6
2.2.4 Essential Services Committee .. .. .. 6
2.2.5 Labour Court .. .. .. .. .. .. 7
2.2.6 Labour Administration and Inspection Services .. 7
2.3 Social Security (Regulatory Authority) Act No. 8/2003 .. 11
2.4 Workers Compensation Act No. 20/2008 .. .. .. 11
2.5 Occupation Safety and Health Act No. 5/2003 .. .. 12
3.0 ACTIVITIES PERFORMED .. .. .. .. .. .. 12
3.1 Department of Labour .. .. .. .. .. .. 12
3.1.1 Labour Inspections .. .. .. .. .. 12
3.1.1.1 Level of Compliance .. .. .. .. 17
3.1.2 Prosecutions .. .. .. .. .. .. 20
3.1.3 Prevention of Child Labour .. .. .. .. 22
3.1.4 Notified Work Accidents .. .. .. .. 27
3.1.5 Collective Bargaining .. .. .. .. .. 28
3.1.6 Awareness Raising .. .. .. .. .. 31
3.1.7 Training .. .. .. .. .. .. .. 33
ii

3.1.7.1 Labour Officers .. .. .. .. .. 33
3.1.7.2 Secretariats of Tripartite bodies
(LESCO and Wage Boards) .. .. .. .. 33
3.1.7.3 Members of Wage Boards and LESCO.. 34
3.1.8 Labour Officers Annual Meeting. .. .. .. 34
3.1.9 Social Dialogue .. .. .. .. .. .. 35
3.1.10 Office Rehabilitation .. .. .. .. .. 36
3.1.11 International Meetings .. .. .. .. 38
3.1.12 Publication .. .. .. .. .. .. 40
3.2 Occupational Safety and Health Authority .. .. .. 40
3.3 Commission for Mediation and Arbitration .. .. .. 41
4.0 CONCLUSION .. .. .. .. .. .. .. .. 42

iii

FOREWORD BY THE LABOUR COMMISSIONER.

The Department of Labour hereby presents its Annual
Report in terms of article 20 of the ILO Convention No. 81
on the Labour Inspection. This report reflects on Labour
administration and inspection services delivered in
year 2011/12 with a focus on Ministrys Strategic
Plan 2010 2015. The Department has, in this financial
year realigned its objectives and resources to contribute
effectively to Government strategic priorities and service
delivery outcomes that are set for the Department of
Labour (DoL) during 2011 to 2012 period.

Great strides have been made to create harmonious industrial relations that
is conducive to economic growth, investment and the promotion of decent
work as demonstrated among others by the following activities:
Prevention of Labour disputes and promotion of Industrial
harmony through Labour inspections.
Coordinating effectively tripartite forums and promotion of social
dialogue
Extending Social Security coverage to uncovered population in
the formal and informal sector.
Elimination of worst forms of child labour
Awareness creation on Labour Laws and Employment
Standards
Strengthening Capacity of the Labour Department

Saul H. Kinemela
Labour Commissioner
iv

I would like to take this opportunity to extend my sincere thanks and
appreciation of the support by Hon. Minister for Labour and Employment;
Hon. Deputy Minister for Labour and Employment; The Permanent
Secretary; Social Partners, ILO, all institutions and Public Entities reporting
to the Executive Authority, and last but not least all staff in the Department
for their valuable contributions towards realization of our objectives.

However we shouldnt lose sight on the fact that employers and workers
are now calling for better resources for Ministry of Labour and Employment;
promotion of fairness; level playing field and to make decent work a reality.
I hope this report will bring the efficiency of Labour Administration and
Inspection to the forefront of the debate on good governance in the world of
work.

v

LIST OF TABLES.
Table 1: Distribution of Labour Officers by office .. .. .. 10
Table 2: Number of Inspections by Sector .. .. .. .. 13
Table 3: Provisions Contravened by Sector .. .. .. .. 15
Table 4: Compliance Orders issued by Sector .. .. .. .. 19
Table 5: Number of prosecutions by Sector and Regions .. .. 21
Table 6: Number of Children identified by Region .. .. .. 23
Table 7: Number of children prevented from worst forms of
child labour by Region .. .. .. .. .. .. 24
Table 8: Number of children withdrawn from worst forms of
child labour by Region .. .. .. .. .. .. 25
Table 9: Number of children provided with support services .. 26
Table 10: Accidents reported and Compensation paid by Sector .. 27
Table 11: Number of Collective Bargaining Agreement lodged.. 29
Table 12: Number of social partners sensitized by Region .. .. 32

SII8S/=/S%?8S=S0 ,I,ISSI,?I=SI=,I(&I,?I=S(?SI=2011/2012

1

1.0 Introduction.
Labour inspection has been viewed as an important way of ensuring that
labour standards as enshrined in the International Labour Organization
(ILO) Conventions and corresponding national laws are adhered to. Central
to Labour inspection is ILO Convention, 1947 (No. 81). This convention,
calls for labour inspectors to play an active role in the enforcement of
labour legislation. The convention assigns three basic missions to labour
inspectors; to secure the enforcement of the legal provisions relating to
conditions of work and the protection of workers while engaged in their
work, such as provisions relating to hours, wages, safety, health and
welfare, the employment of children and young persons, and other
connected matters, in so far as such provisions are enforceable by labour
inspectors; to supply technical information and advice to employers and
workers concerning the most effective means of complying with the legal
provisions; to bring to the notice of the competent authority defects or
abuses not specifically covered by existing legal provisions.
Labour inspection is a public function hence a responsibility of the
Government. It forms part of labour administration function that ensures
adherence to labour laws at work places. Its main role is to influence the
social partners on the need to observe labour laws, rules and regulations at
work places for their mutual interest.

Labour inspection ensures that labour laws are given practical effect and
become actual standard for workers and employers. It aims at monitoring
compliance with labour legislation.

2

In Tanzania mainland, the administration of labour inspection is vested to
the Labour Department under the Ministry of Labour and Employment. The
Ministry is endowed with the following responsibilities;
i. To develop, monitor, implement and review labour policies,
legislations, standards and guidelines;
ii. To develop mechanism for ensuring the adherence of local and
international labour standards and fostering international
cooperation in labour matters;
iii. To coordinate and supervise public and private social security
schemes in the country.
iv. To develop and review employment policies, acts, regulations and
guidelines on employment matters and monitor their
implementation;
v. To provide guidelines on employment facilitation and regulatory
service for local and cross-border employment;
vi. To analyze and review Labour Market Information policies, laws
regulations and strategies;
vii. To analyze and advise on conducive macro-policies for
employment creation in the formal and Informal sectors; and
viii. To review, update and promote use of national Standard
Classification of Occupation Dictionary (TASCO) in accordance
with International Standard Classification of Occupation (ISCO).


3

ORGANIZATION STRUCTURE OF
THE MINISTRY OF LABOUR AND EMPLOYMENT

MINISTER
PERMANENT SECRETARY
LABOUR, ECONOMIC AND
SOCIAL COUNCIL

CHAIR PERSON
TRADE UNIONS AND
EMPLOYERS ASSOCIATION
REGISTRATION UNIT

REGISTRAR
ADMINISTRATION AND HUMAN
RESOURCE MANAGEMENT DIVISION
DIRECTOR
POLICY AND PLANNING DIVISION

DIRECTOR
PROCUREMENT MANAGEMENT UNIT

PRINCIPAL SUPPLIES OFFICER
TANZANIA EMPLOYMENT SERVICES
AGENCY (TaESA)
OCCUPATIONAL SAFETY AND
HEALTH AGENCY (OSHA)

FINANCE AND ACCOUNTS UNIT

CHIEF ACCOUNTANT
INTERNAL AUDIT UNIT

CHIEF INTERNAL AUDITOR
GOVERNMENT COMMUNICATION UNIT

PRINCIPAL INFORMATION OFFICER
LEGAL SERVICES UNIT

PRINCIPAL LEGAL OFFICER
LABOUR DIVISION

COMMISSIONER
EMPLOYMENT DEVELOPMENT
DIVISION

DIRECTOR
LABOUR RELATIONS SECTION
LABOUR INSPECTION
SECTION
SOCIAL SECURITY SECTION
EMPLOYMENT PROMOTION
SECTION
EMPLOYMENT SERVICES
MANAGEMENT SECTION
INFORMATION AND COMMUNICATION
TECHNOLOGY UNIT

PRINCIPAL COMPUTER SYSTEMS
ANALYST

4

2.0 Labour Law Profile

In 2001, the Government through the Ministry of Labour,
Employment and Youth Development (as it then was) in collaboration
with International Labour Organization under the project of
Strengthening Labour Relations for East Africa (SLAREA) embarked
on a labour law reforms as a result of global social and economic
transformation. The project was one among a number of projects
funded by the United State of America - Department of Labour
(USDOL) in promotion of the ILO declaration on fundamental
principles and rights at work.

The Ministry formed a labour law task force to carry out an extensive
analysis of the old labour regime and came out with
recommendations as a way forward. The recommendations and
findings of the task force necessitated repealing of the following laws;
i. Employment Ordinance (Cap. 366)
ii. Regulation of Wages and Terms of Employment Ordinance
(Cap 300)
iii. Wages and Salaries (General Revision) Act No. 22 of 1974
iv. Trade Union Act, 1998 Act No. I 0 of 1998
v. Security of Employment Act (Cap. 574)
vi. Severance Allowances Act (Cap. 487)
vii. Industrial Court of Tanzania Act No. 41 of 1967.

The labour law reform programme phase one resulted into enactment
of two pieces of legislation namely;

5

2.1 Employment and Labour Relations Act No.6 of 2004.
This Act makes provisions for core labour rights,
establishes basic employment standards, provide a
framework for collective bargaining, and mechanisms for
prevention and settlement of labour disputes.

2.2 Labour Institutions Act No.7 of 2004.
The Act provides for the establishment of labour
Institutions basically to implement Policies and laws born
out of labour legislation reforms, their functions, powers
and to provide for other matters related to them. There are
six established institutions under the Act namely;

2.2.1 Labour Economic and Social Council
The council is established under section 3 of the Act
as a tripartite plus Consultative organ in Labour policy
and other operational matters relating to Labour Law
in the country. Members to the council are drawn from
the Government, Employers and Employees
Organizations and Professionals from different fields
and are to serve for a term of three years subject to
renewal at the expiry of their office tenure. However
they are not employees of the council. The council
has both advisory and administrative functions.
2.2.2 Commission for Mediation and Arbitration

6

Commission is established under Section 12 of the
Act. The commission has jurisdiction on all labour
disputes which are not exclusively vested to the High
Court of Tanzania- Labour Division hence a quasi-
judicial body.

2.2.3 Wage Boards
Appointment of Wage boards is done by the Minister
responsible for Labour matters as provided for under
section 35 of the Act. The Boards are vested with
powers to investigate on remuneration, terms and
condition of employment in a given sector and report
back to the Minister on their findings and
recommendations. The said Boards are tripartite in
nature.

2.2.4 Essential services Committee
The committee is established under section 29 of the
Act and is composed of tripartite members. Essential
Services in terms of S. 77 (2) of the Act are; water and
sanitation, electricity, health services and associated
laboratory services, fire-fighting services, air traffic
control and civil aviation telecommunications and any
transport services required for the provision of these
services.


7

In addition to those services; the committee is
empowered to designate any other services as
essential in case of which any interruption may
endanger personal safety or health of the population.

2.2.5 Labour Court
The Labour Court is a Division of the High Court of
Tanzania established under section 50(1) of the Act. It
is a specialized court vested with, exclusive civil
jurisdiction over matters arising from Labour Laws.

In adjudicating disputes, the Court is constituted when
presided over by a J udge assisted by two assessors.
These assessors are drawn from a list of persons
representing employers and employees through their
respective associations/Unions respectively. Parties
are however free in any case, to choose to proceed
without assessors.

2.2.6 Labour Administration and Inspection
The Labour Administration and Inspection is
responsible for administering Labour Laws in
Tanzania Mainland as provided for under S.43 of the
Act. The basic endeavor is to minimize labour
disputes and sustain employee and employer
harmonious relations in a decent working
environment.

8

The department is headed by the Labour
Commissioner who is vested with powers to
administer labour laws assisted by three Assistant
Labour Commissioners. The administrative
organization constitute 3 sections at the head office
level; Labour Relations, Labour Inspections and
Social Security supported by a network of 32 area
offices across the country with a total of 71 Labour
Officers. Powers of Labour Officers are provided for
under Section 45 of the Act.


9

The organizational structure of the Department of Labour

ASSISTANT LABOUR
COMMISSIONER
(LABOUR
INSPECTION)

ASSISTANT
LABOUR
COMMISSIONER
(SOCIAL SECURITY)

ASSISTANT LABOUR
COMMISSIONER
(LABOUR
RELATIONS)

LABOUR
COMMISSIONER

LABOUR OFFICERS

10

Table 1 The distribution of Labour Officers by Office

S/NO. OFFICE NUMBER OF LABOUR
OFFICERS
Males Females Total
1 Headquarters 10 5 15
2 Dar es Salaam 3 5 8
3 Temeke 1 4 5
4 Kibaha 3 - 3
5 Morogoro 1 1 2
6 Kilosa - - -
7 Ruaha 1 - 1
8 Ifakara 1 - 1
9 Tanga 2 1 3
10 Lushoto - - -
11 Korogwe 1 - 1
12 Muheza 1 - 1
13 Arusha & Manyara 3 1 4
14 Musoma 1 - 1
15 Mwanza 1 2 3
16 Shinyanga 2 - 2
17 Kahama 1 - 1
18 Tabora 1 - 1
19 Kigoma - 1 1
20 Dodoma - 1 1
21 Singida 1 1 2
22 Iringa 2 - 2
23 Mafinga 1 - 1
24 Njombe 1 - 1
25 Songea 1 - 1
26 Lindi 1 - 1
27 Mtwara 1 - 1
28 Sumbawanga 2 - 2
29 Mbeya 2 - 2
30 Tukuyu 1 - 1
31 Same 1 - 1
32 Moshi 1 1 2
TOTAL 48 23 71


11

The Labour Law Reform Programmes Phase II, led into enactment of
three pieces of legislation namely;

2.3 Social Security (Regulatory Authority) Act No.8 of 2008
The Act provides for the regulation of the social security
sector in the country. The Regulatory Authority is now in full
operation.

2.4 Workers Compensation Act No. 20 of 2008
The Act provides for compensation payments to employees
due to disablement or deaths caused by or resulting from
injuries or diseases sustained or contracted in the course of
employment and establishment of the Fund for
administration and regulation of workers compensation.
However the Act is not yet into operation.

In devoid of the operation of Act No. 20 of 2008,
compensation matters are still being dealt with under the
Workers Compensation Act Cap. 263 Revised Edition
2002 (R.E 2002) and the Accidents and Occupational
Diseases (Notification) Act Cap.330 (R.E 2002). By virtue
of those two Acts, Labour Officers are empowered to
administer compensation matters.


12

2.5 Occupational Safety and Health Act No. 5/2003
The Act provide for safety, health and welfare of persons at
work in factories and other places of work; also protection of
persons other than persons at work against hazards to
health and safety arising out of or in connection with
activities of persons at work; and other connected matters.

3.0 ACTIVITIES PERFORMED.
3.1 Department of Labour
3.1.1 Labour Inspections
The core activity of the department is enforcement of
the provisions of the labour legislation mainly through
Labour Inspections.

During the financial year 2010/11, the department
planned to carry out 6,200 Labour Inspections at
workplaces all over the country. However due to
bottlenecks faced which include but not limited to
financial constraints the department managed to carry
out only 2,401inspections which is 38.7% of the
target.


13

Table 2: Number of Inspections by sector.

Inspecti
on Type H
e
a
l
t
h

A
g
r
i
c
u
l
t
u
r
e

C
o
m
m
e
r
c
e
,

I
n
d
u
s
t
r
y

a
n
d

T
r
a
d
e
T
r
a
n
s
p
o
r
t

a
n
d

C
o
m
m
u
n
i
c
a
t
i
o
n

H
o
t
e
l

a
n
d

D
o
m
e
s
t
i
c

S
e
r
v
i
c
e
s
P
r
i
v
a
t
e

S
e
c
u
r
i
t
y

S
e
r
v
i
c
e
s

O
t
h
e
r

E
c
o
n
o
m
i
c

A
c
t
i
v
i
t
i
e
s

T
o
t
a
l

Routine
Inspectio
n 50 47 320 53 820 153 141 1584
Follow up
Inspectio
n 23 30 145 10 384 94 54 740
Reactive/
Special
Inspectio
n 4 3 20 23 15 7 5 77
Total 77 80 485 86 1219 254 200 2401


14


15

Table 3. Provisions contravened by sector.

S/N Provision No. of Contraventions

T
O
T
A
L

I
n
d
u
s
t
r
y

a
n
d

T
r
a
d
e

A
g
r
i
c
u
l
t
u
r
e

T
r
a
n
s
p
o
r
t

C
o
m
m
u
n
i
c
a
t
i
o
M
i
n
i
n
g

H
o
t
e
l
s

&

D
o
m
e
s
t
i
c

s
e
r
v
i
c
e
s

M
a
r
i
n
e

&
F
i
s
h
i
n
g

C
o
n
s
t
r
u
c
t
i
o
n

E
d
u
c
a
t
i
o
n

P
r
i
v
a
t
e

s
e
c
u
r
i
t
y

H
e
a
l
t
h
E
n
e
r
g
y

1.

Minimum
Wage
7 2 3 39 1 3 4 1 60
2.

Right to join
and form
Trade Union
1 1
3.

Deductions of
Wages
1 1 1 9 2 1 15
4.

Contracts of
Services
42 5 4 2 39 3 7 8 2 112
5.

Working
Hours
5 2 28 3 1 39
6.

Plan to
promote
equal
opportunity
19 1 4 1 9 1 4 39
7.

Workplace
policy for
HIV/AIDS
21 1 4 1 14 2 5 48
8.

Leave 28 2 2 36 1 4 3 1 77
9.

Discriminatio
n
2 2
10.

Overtime
payment
6 2 1 8 2 19
11.

Night work
allowances
15 1 1 8 1 2 1 29
Total 147 17 1
9
4 1 190 0 9 32 17 5 0 441

16

It can be deduced from the table and chart above that, 29% of
contraventions of the Labour Laws by employers was on preparing and
issuing of copies of employment contracts to respective employees.


17

The above pie chart shows the level of Contravention of provisions of

Labour laws by sectors in Tanzania mainland whereby Hotels and
Domestic services are ranking high by forty three percent (43%).


18

3.1.1.1 Level of Compliance
Labour Inspection conducted during the year
2010/2011 shows among other things that the level of
compliance varies from one sector to another as
indicated in the table below. This is attributed to a
number of factors including low level of awareness on
Labour Laws amongst some employers and workers,
insufficient Labour Inspection visits and deliberate
violation of the labour law by few employers. In other
words corrective measures born out of Inspection
visits are not that much fruitful due to what has
already been discussed in Para 3.1 of the report.
However deliberate efforts are being made in
collaboration with social partners to see to it that
enterprises with high labour forces are timely getting
due Labour Inspection visits.

Notwithstanding what has been revealed above;
employers found to contravene provisions of the law
were required to rectify the situation through
Compliance Orders. The table below shows
Compliance Orders issued by sector.


19

Table 4: Compliance Orders issued by Sector (2011/12)
S/N Region

TOTA
L
I
n
d
u
s
t
r
y

a
n
d

T
r
a
d
e

A
g
r
i
c
u
l
t
u
r
e

T
r
a
n
s
p
o
r
t

C
o
m
m
u
n
i
c
a
t
i
o
nM
i
n
i
n
g

H
o
t
e
l
s

&

D
o
m
e
s
t
i
c

M
a
r
i
n
e

&

F
i
s
h
i
n
g
C
o
n
s
t
r
u
c
t
i
o
n

E
d
u
c
a
t
i
o
n

P
r
i
v
a
t
e

s
e
c
u
r
i
t
y

H
e
a
l
t
h

E
n
e
r
g
y

1. Dsalaa
m
5 1 1 1 8
2. Arusha 3 1 6 1 11
3. Mwanza 20 1 16 1 1 2 1 42
4. Mbeya 2 3 1 6
5. Tanga 31 2 4 6 1 3 2 49
6. Morogor
o
8 5 2 15
7. Kagera 2 1 1 4 8
8. Tabora 1 1
9. Shinyan
ga
1 1
10 Lushoto 1 1
11 Moshi 1 1 1 3
12 Temeke 1 1 2
13 Muheza 2 2
Total 147


20

3.1.2 Prosecution
Taking into account of the contents in the labour
Inspection (Agriculture) Convention, 1969 (No. 129)
prevention is preferred to as opposed to sanction or
punishment. In most cases a modern system of
Labour Inspection need to be that of proactive
process through which prevention control methods on
what is likely to constitute a threat as far as industrial
harmony is concerned are applied.

On the other hand prosecution measures cannot
absolutely be ruled out due to different attitudes
mostly by some employers. To that end during the
period being reported upon, fifteen (15) employers
throughout the country were brought before courts of
Law for the following offences under the Labour
legislation.
Failure to notify accident arising out of
employment (one case),
Obstructing Labour Officers to performf their
duties (one case),
Failure to comply with lawful orders (seven
cases),
Failure to pay minimum wage (four cases).


21

On the other hand, one conviction was secured
whereby a fine of Tshs. 500,000 equivalent to
USD 136 was imposed and paid accordingly.
Two cases were withdrawn after being settled
out of court. Trials on the remaining twelve
cases are ongoing.

Table 5. Number of Prosecutions by Sector and Regions.
S/N Region

TOTA
L
I
n
d
u
s
t
r
y

a
n
d

T
r
a
d
e

A
g
r
i
c
u
l
t
u
r
e

T
r
a
n
s
p
o
r
t

C
o
m
m
u
n
i
c
a
t
i
o
n
M
i
n
i
n
g

H
o
t
e
l
s

&

D
o
m
e
s
t
i
c

s
e
r
v
i
c
e
s
M
a
r
i
n
e

&

F
i
s
h
i
n
g

C
o
n
s
t
r
u
c
t
i
o
n

E
d
u
c
a
t
i
o
n

P
r
i
v
a
t
e

s
e
c
u
r
i
t
y

H
e
a
l
t
h

E
n
e
r
g
y

1 Arusha 4 4
2 Mwanza 1 2 3
3 Mbeya 1 1 1 3
4 Morogor
o
1 3 4
5 Temeke 1 1
Total 15


22

3.1.3 Prevention of Child Labour
Child labour continues to pose a challenge in
agriculture, mining, fishing, manufacturing,
construction, transport and domestic sectors
throughout the country. The Government in
collaboration with stakeholders such as ILO, UNICEF,
FAO, TUCTA, ATE and others, has been taking
various pro-active measures to tackle the problem.
However, considering the magnitude and extent of the
problem and that it is essentially a socio-economic
one linked to poverty and illiteracy, concerted efforts
are required from the society at large to address it
effectively.
During the year 2011/12 a total of 17,243 children
were withdrawn from the worst forms of child labour
and 5073 prevented from engaging in the worst forms
of child labour
1
. Out of 22,316 children (withdrawn and

1
Worst forms of Child Labour comprises: (a) all forms of slavery or practices similar to
slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or
compulsory labour, including forced or compulsory recruitment of children for use in armed
conflict; (b) the use, procuring or offering of a child for prostitution, for the production of
pornography or for pornographic performances; (c) the use, procuring or offering of a child for
illicit activities, in particular for the production and trafficking of drugs as defined in the relevant
international treaties; (d) work which, by its nature or the circumstances in which it is carried out,
is likely to harm the health, safety or morals of children. Articile 3 of Convention 182 / 1999.


23

prevented) 10,050 were provided with the following
alternative activities;-
Vocational training - 5,410
Normal primary school education - 2,402
Agriculture (Shamba darasa) trainings - 1,003
Primary education (Complimentary Basic
Education and Training) - 1,235
Strategies are on going to place the remaining
12,266 children into other alternatives.
Table 6: Number of children identified by Region
Region
No. Of Children Identified in Child Labour
Male Female Total
Lindi 749
Iringa 2,566 1091 3657
Tabora 11179 9505 20684
Total 25090


24

A total of 25,090 children were identified to be engaged in child labour and
its worst forms as shown in the table and pie chart above whereby Tabora
region lead by 82.44% from few regional data received as shown in table 6.
Most of these children were engaged in agriculture activities (tobacco
farms)
Table 7: Number of children prevented from Worst Forms of Child
Labour by Region

Region
No. of Children Prevented
Male Female Total
Mwanza 4285
Tanga 26
Shinyanga 76 135 211
Iringa 258 247 505
Kagera 36
Temeke 30

25

Table 8: Number of children withdrawn from Worst Forms of Child
Labour by Region
Region
No. of Children Withdrawn
Male Female Total
Mwanza 1000
Lindi 15 17 32
Iringa 143 316 459
Kagera 85
Tabora 8216 7414 15630
Temeke 37


26

Table 9: Number of Children provided with Support
Services/Alternative by Region

Region
Number
Male Female Total
Mwanza 4285
Tanga 20
Shinyanga 76 135 191
Iringa 679 722 1401
Kagera 92
Tabora 4056
Temeke 5


27

3.1.4 Notified Work Accidents
During 2011/12, a total of 124 accidents were notified
to the Department. The table below shows the number
of accidents reported by sector and compensation
paid in local currency,

Table 10: Accidents reported and compensation paid by
Sectors
S/No. SECTOR No. Accident Amount Paid
1 Agriculture 20 3,669,056.00
2 Industry and Trade 89 50,030,569.24
4 Construction 19 4,885,660.00
5 Mining 6 121,708,511.75
8 Private Security 2 338,790.82
10 Health 1 108,000.00
Total 137 180,740,587.81

Source: Area Labour Offices

The Chart shows accidents occurrence per Sector


28

3.1.5 Collective Bargaining
The department has been promoting Collective
bargaining at sectoral level as a means of ensuring
stability in industrial relations. 98 collective bargaining
agreements were concluded at work place level and
lodged to the Labour Commissioner.

The table below shows lodged collective bargaining
by sector.


29

Table 11. Number of Collective Bargaining Agreements Lodged.
S/N Region
Sector TOTAL

I
n
d
u
s
t
r
y

a
n
d

T
r
a
d
e

A
g
r
i
c
u
l
t
u
r
T
r
a
n
s
p
o
r
t

C
o
m
m
u
n
i
t
i
M
i
n
i
n
g

H
o
t
e
l
s

&

D
o
m
e
s
t
i
c
M
a
r
i
n
e

&

F
i
s
h
i
n
g
C
o
n
s
t
r
u
c
t
i
o
n
E
d
u
c
a
t
i
o
P
r
i
v
a
t
e

s
e
c
u
r
i
t
y
H
e
a
l
t
h

E
n
e
r
g
y

1.

Dsalaam 40 1 10 2 2 2 0 0 0 0 3 2 62
2.

Arusha 3 0 0 0 0 1 0 0 0 0 0 0 4
3.

Mwanza 1 0 0 0 0 0 0 0 0 0 0 0 1
4.

Mbeya 1 0 0 0 0 0 0 0 0 0 0 0 1
5.

Tanga 0 0 1 0 0 0 0 0 0 0 0 0 1
6.

Morogoro 0 0 0 0 0 0 0 0 0 0 0 0 1
7.

Mara 1 0 0 0 0 0 0 0 0 0 0 0 1
8.

Kigoma 1 0 0 0 0 0 0 0 0 0 0 0 1
9.

Rukwa 0 0 0 0 0 0 0 0 0 0 1 0 1
10.

Iringa 1 1 0 0 0 0 0 0 0 0 0 0 2
11.

Singida 3 1 0 0 0 0 0 0 0 0 0 0 2
12.

Pwani 1 1 0 0 0 0 0 0 0 0 0 0 2
13.

Kagera 1 1 0 0 0 0 0 0 0 0 0 0 2
14.

Songea 0 0 0 0 0 0 0 0 0 1 0 0 1

30

15. Tabora 2 0 0 0 0 0 0 0 0 0 0 0 2
16.

Shinyanga 2 0 0 0 0 0 0 0 0 0 0 0 2
17.

Lindi 2 0 0 0 0 0 0 0 0 0 0 0 2
18.

Mtwara 0 0 0 0 0 0 0 0 0 0 0 1 1
19.

Dodoma 2 0 0 0 0 0 0 0 0 0 0 0 2
20.

Moshi 1 0 0 0 0 0 0 0 1 0 0 1 3
21.

Temeke 1 0 0 0 0 0 0 0 0 0 0 0 1
23 Ruvuma 0 0 0 0 0 0 0 0 0 0 2 2
Total 63 5 11 2 2 3 0 0 1 1 6 4 98

Number of Collective bargaining agreements lodged


31

3.1.6 Awareness raising
In its efforts to promote and maintain industrial
harmony at workplaces; the department has been
taking various initiatives in raising awareness of the
Labour Laws to employers, workers and the general
public. This has been done through training sessions,
distribution of brochures, exhibitions and
commemorations also media programmes.

A total of 8000 brochures on grievances handling
procedures, child labour, working hours, redundancy
procedures, social security and maternity protection
were printed and disseminated.

The department participated in various public
exhibitions and commemorations such as Mwalimu
Nyerere International Trade Fair (Sabasaba), Farmers
exhibition (Nanenane), Public Service Week and Child
Labour Day whereby advice and clarifications on the
requirements of the labour laws were provided to
6850 people who paid a visit to the Ministrys pavilion.

A total of two hundred and fifty six (256) employers
and four thousands and twenty eight (4028)
employees from different sectors were sensitized on
Labour Laws.


32

The table below shows the number of social partners sensitized.

Table 12. Numbers of social partners sensitized.

S/
N
o
REGION No. Of
Establish
ments
(Compani
es)-
Employer
s
No. of Employees
sensitized

SECTOR

M F TOTAL
1 Mwanza 4 92 27 119 Industry and Trade
2 Mbeya 36 25 28 53 Industry and Trade, Health,
Agriculture and Education
3 Tanga 50 631 Industry and Trade
4 Korogwe 8 293 274 567 Industry and Trade, Health,
Agriculture, Education and
Hotels & Domestic services
5 Mara

23 125 40 165 Public Security, Industry
and Trade, Construction
and Hotels & Domestic
services
6 Temeke 15 50
7 Mafinga 8
8 Muheza 138 95 233 Agriculture and Industry
and Trade
9 Kilimanja
ro
6 81 33 114
10 Singida 40 88 169 257 Agriculture and Industry
and Trade
11 Sumbaw
anga
- 581 151 732 Industry and Trade, Health,
Agriculture, Education and
12 Morogor
o
5 160 122 282 Agriculture, NGOs and
Public Sector (Government)
13 Ruaha 11 25 18 43 Industry and Trade
14 Kibaha - 22 2 24
15 Dodoma 27 473 159 632 Industry and Trade,

33

Health, Private Security,
Education and Hotels &
Domestic services and
NGOS
16 Tukuyu 20 8 2 10 Industry and Trade,
Health, Private Security,
and NGOS
17 Same 3 56 60 116 Agriculture and Industry
and Trade
TOTAL 256 4028

3.1.7 Trainings/Capacity building
3.1.7.1 Labour officers
Seventy one (71) Labour officers were trained
on building modern and effective Labour
Inspection systems as well as soft skills in
effective communication based on International
Labour Organisation Curriculum. Among them
15 were trained as trainers.

3.1.7.2 Secretariat of Tripartite Bodies (LESCO an
Wage Boards).
Fifteen (15) secretaries were trained on Roles
and functions of secretariat to the national social
dialogue Institutions, comparative models of
social dialogue and ILO standards and
principles of Social Dialogue.


34

3.1.7.3 Members of the Wage Boards and LESCO.
Ninety six (96) members of the wage boards
were trained on minimum wage fixing and social
dialogue.

Seventeen (17) Members of LESCO were
trained on social dialogue, tripartism and
tripartite consultations.

The trainings above were a result of financial and
technical support by the US department of labour
through the programme on Improving labour law
compliance in the country.

3.1.8 Labour Officers Annual meeting;
The Department conducted a three days annual
meeting for Labour Officers which was attended also
by Hon. Minister for Labour and Employment, Hon.
Deputy Minister, Permanent Secretary and Heads of
different Labour Institutions and Departments within
the Ministry.

The objectives of the meeting were to review
performance of the departments activities, sharing
experience, knowledge and information on current
labour administration and inspection issues.

35

3.1.9 Social Dialogue
Social dialogue as defined by ILO includes all types of
negotiation, consultation or exchange of information
between or among representative of governments,
employers and workers on issues of common interest
relating to economic and social policy.

To enhance this suitable tool which is vital for
promotion of social justice, living and working
conditions at work places, the Minister responsible for
labour matters did in September, 2011 appoint and
inaugurate twelve wage boards in respect of the
following sectors:
(i) Agriculture
(ii) Health services
(iii) Trade, Industries and commercial services
(iv) Communication
(v) Fishing and Marine services
(vi) Domestic and Hospitality services
(vii) Transport
(viii) Construction
(ix) Energy
(x) Private schools
(xi) Private security
(xii) Mining


36

In the same spirit the Labour, Economic
and Social Council (LESCO) held four
meetings whereby, issues deliberated upon
included amendment of social security
legislations to align with Social Security
(Regulatory Authority) Act, 2008, amendment
of S.14 (1) (B) of Employment and Labour
Relations Act No. 6 2004, deliberations on ILO
Recommendation No.200/2010 regarding
HIV/AIDS at workplace, and approval of
LESCO annual reports for the year 2006/7,
2007/8, 2009/10.

3.1.10 Office Rehabilitation
In its efforts to improve working environment; the
Ministry managed to rehabilitate five (5) Area Labour
offices and provided them with means of transport
(Cars), furniture and Computers with their
accessories.


37

The photograph below shows one of the rehabilitated offices.

KAGERA LABOUR OFFICE

Before Rehabilitation

After Rehabilitation

38

3.1.11 International Meetings
The department attended the following International
forums on Employment and Labour matters:

3.1.11.1 312
th
Session of the Governing Body of the
ILO Conference in Geneva, March, 2012.
Deliberations of the meeting centered among
other things on Green J obs, Decent Work and
Sustainable development; policy coherence in
the multilateral system and measuring decent
work.

3.1.11.2 313
th
Session of the Governing Body and
International Labour Conference in Geneva,
June, 2012. The meeting was preoccupied with
process of appointment of the Director General
of ILO. Among other things Tanzania was
elected as an interim coordinator of the African
group of Government members of the
Governing Board. Follow up to the HIV and
AIDS Recommendation, 2010 (No. 2000) was
also in the agenda.


39

3.1.11.3 101
st
Session of the International labour
Conference.
Agenda item of the meeting placed for
discussion included elaboration of an
autonomous Recommendation on the Social
Protection floor, Discussion on the youth
employment crisis and recurrent discussion on
the strategic objective of fundamental
principles and rights at work, under the follow
up to the ILO Declaration in Social J ustice for
a fair Globalization.

3.1.11.4 East African Community meetings on
negotiations for the betterment of the
Community.

3.1.11.5 SADC Meeting on strengthening Labour Market
information system Held in Victoria Falls
Zimbabwe.

3.1.11.6 SADC Technical meeting held in Botswana on
Employment issues; to review instruments of
HIV/AID at work places, child labour monitoring
and employment and labour protocol.


40

3.1.12 Publications
Informative materials on the following topics were
published and disseminated to social partners:
i. Maternity Protection Rights at work.
ii. List of Hazardous Work for a Child.
iii. Hours of work in Kiswahili language
iv. Labour dispute prevention in Kiswahili language
v. Grievances handling and settlement
procedures also in Kiswahili language.

3.2 Occupational Safety and Health Authority
During the financial year 2011/2012 the authority
conducted the following activities:-
A total of 5600 general workplace Inspections were
conducted which is 80% of the planned 7,000
Inspections.
Special 11,900 inspections (i.e electrical, Boiler, air
receiver, lifting appliances) were conducted which is 85%
of the planned 14,000 Inspections.
Medical examinations were carried out on 14000 workers
out of the earmarked 13,000 workers which is 107.9% of
the target set.
A total of 770 workers were sensitized on safety and
health at workplaces.


41

In the course of executing its functions, the Authority noted
some irregularities for instance; non registration of workplaces,
failure to notify occupational accidents and diseases, and
failure to adhered to health and safety regulations. Measures
taken to rectify the situation include awareness raising on
safety and health regulations also sixteen employers were
brought before courts of law for contravention of the laws
pertaining to safety and health matters. Legal proceedings were
still ongoing by the time of preparing the report.

3.3 Commission for Mediation and Arbitration
During the period covered by this report, the Commission
dealt with a total of 4,039 disputes 2487 of them by way of
mediation and1552 by arbitration.

According to the Commissions report for the year 2011/2012
Sectors ranking high in labour disputes (chronologically) are:
Industry and Trade
Private security
Hotel and Domestic services
Construction
Education
Agriculture
Transport
Mining
Communication
Health

42

Marine and Fishing
Energy

4.0 CONCLUSION
The fact that the Government of the United Republic of Tanzania
ratified ILO Convention 81 on Labour Inspection, re-affirms its
Commitments to maintain a national system of Labour Inspection
and re-enforcing the important role played by labour inspectors as
guarantors of Labour Law compliance and workers protection.

Notwithstanding the above commitment, there are challenges
facing the inspectorate functions and which are outside the
Ministrys scope. To a greater extent, the said challenges are a
result of financial constraints faced.

Further more, Legislative reforms in business and employment
practices, new technologies which are creating new categories of
jobs, outsourcing and complex supply chains are new challenges
in the field of Labour inspection making monitoring of working
conditions increasingly difficult.

To address the situation, we need a global approach; adequate
budget, improved data collection, and campaign on labour laws
compliance by involving social partners. It goes without saying
therefore that, the ILO remains to be a reliable point to turn to, for
effective and efficient labour administration and inspection system.

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UNITED REPUBLIC OF TANZANIA

MINISTRY OF LABOUR AND EMPLOYMENT

Table 3. Provisions contravened by sector.

The above pie chart shows the level of Contravention of provisions of

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