Appendix 9.1 Collective bargaining
PART V of the Tanzania Employment and Labour Relations Act, and Regulations, 2007
49.– (1) The purpose of these Rules, is to guide trade unions, employers and their
associations on how to exercise their rights and give effect to their
obligations to bargain collectively by –
- summarising the important provisions of the law; and
- providing guidelines on good practice.
(2) Employees, employers, trade unions, employer‘s organisations, mediators,
arbitrators, assessors, Judges and officials in the Ministry on interpreting or
applying the law shall take the Rules into account.
(3) The provisions of these Rules do not impose any hard and fast obligations on
any party; the legal obligation may be to justify a departure from the
provisions of a Rule.
(4) A party may depart from these provisions if circumstances warrant it, but it
have to justify the departure.
(5) Subject to sub-rule (4), justification for departure may be – - the size of the employer, if employer with only one employee would not
be expected to enter into a recognition agreement; - the nature or location of the employer‘s premises may justify special
rules in respect of organizational rights, there may have to be special
rules regulating trade union access where the employees reside on the
premises: or - the nature of the employer‘s business there may have to be special rules
regulating trade union access to high security premises such as a
diamond mine.
(6) Resolution of labour disputes may be solved through negotiation and
collective bargaining.
(7) Collective bargaining may take place at one workplace or at a number of
workplaces, and may involve one employer, a number of employers or an
employers’ association.
(8) A trade union that represents the majority of employees is entitled to be
recognized as the exclusive bargaining agent.
(9) A collective agreement may determine the bargaining unit in a manner that is
different to the rules suggested in this Rule, but the agreement may not do
away the right to be recognized as the exclusive bargaining agent.
- – (1) All employer or employer’s association shall recognise trade union as a
collective bargaining agent of its employees.
(2) A recognized trade union engages with the employer or employers’
association with the following objectives to –
(a) represent employees in their dealings with their employer; negotiate
and conclude collective agreements, and
(b) prevent and resolve labour disputes.