|
Education on labour laws crucial
2006-05-11 09:30:06
By Joyce Mkinga
In this article staff writer Joyce Mkinga highlights the problems that could arise in the implementation of the newly introduced labour laws.
The overall objective of the labour laws reform that led to the enactment of the Employment and Labour Relations Act and Labour Institutions Act No. 6 and 7 of 2004 respectively was to put in place policies and regulatory structures that are more flexible and conducive to economic efficiency and employment promotion.
One of the important aspects provided in the act is the freedom of association and the right to collective bargaining.
According to the Prof Vremudia Diejomaoh of the ILO Dar es Salaam office, freedom of association and the right to collective bargaining are fundamental human rights at work that form an integral part of democracy.
The underpin civil liberties and guarantee protection against discrimination, interference and harassment.
These rights also play a vital role in efforts to establish sustainable economic and social development in Africa, and they help connect social goals and the demands of the globalized economy.
’’They can promote productivity, adjustment measures and industrial peace and assure the benefit of growth is shared,’’ he says.
Under the ILO Declaration on fundamental principles and rights at work, adopted by the International Labour Conference in 1998, all ILO members have obligation arising from the very fact of membership in the organisation, to the respect to promote and to realize in good faith and in accordance with the ILO constitutions.
These include freedom of association and the effective recognition of the right to collective bargaining.
In realizing this, the government of Tanzania enacted the Labour and Employment Act, which provides for freedom of Association and collective bargaining.
This is the right of workers and employers to freely form or join organisations that promote and defend their interests at work without interference of one another or the State.
This right should be guaranteed by the state, regardless of occupation, sex, colour, race, creed, nationality or political affiliation.
On the other hand collective bargaining is voluntary process through which employers or organisation and trade unions or in the absence of workers, workers representative discuss and negotiate their relations and interaction at the workplace, such as pay and other terms and conditions of work.
According to the law all workers and employers have rights to organize. However, the law exempts armed forces and the police. Research shows freedom of association and collective bargaining play an important role at work place.
Recent studies by the ILO and others suggest these right, combined with democracy can also enhance export competitiveness and are associated with higher exports of labour intensive goods, productivity growth and innovation.
In addition collective agreements between workers and employers can make business negotiation more predictable, accountable and transparent. This contributes to the certainty and stability in the workplace that is essential for making sound investment decision.
There is also growing recognition that greater involvement of workers in the enterprise can improve the quality of management decision making.
However, some of the workers not only in Tanzania but the world over face challenge in terms of freedom of association and collective bargaining.
According to the Trade Union Congress of Tanzania (TUCTA) Director of Education, Margreth Mganga, many employers in Tanzania deny their workers the freedom of association and collective bargaining.
Unlike in the past when the public sector was the most restricted to freedom of association and collective bargaining presently the private sector leads in the violation of such rights.
Many private companies do not allow workers association including trade unions to operate in their companies.
The law clearly stipulates that workers have the right to freedom of association but owners of different companies refuse the operations of the trade unions in their respective work places.
’’Although the law is open on this, it becomes difficult for the workers to do contrary to employer’s decision,’’she says.
Jackson Kilindo, an employee with a textile industry in Dar es Salaam admits that his employer does not allow operation of trade unions.
’’He has categorically told us we should choose of the two, employment or trade union without a job,’’ he says.
The problem of unemployment has become the biggest challenge in the demand of workers rights. Much as the workers would be ready to demand for their rights in accordance with the law, the problem of unemployment compile them to shat up their mouths.
They continue working under difficult conditions provided that they are employed for ’’something is better than nothing’’.
The Permanent Secretary in the Ministry of Labour, Employment and Youth Development Dr Ladislaus Komba admits that there are some employers who for the purpose of making more profit violate the rights of the workers.
The employer’s denial of workers rights originates from ignorance of the law. Ignorance of labour laws among employees has been the main cause of many problems that workers face at work places.
Dr Komba says workers need to understand the law so that they can be able to demand for their rights. Therefore there were a great need of educating the workers on the law and what it is expected of them.
’’If you don’t understand labour laws and what is expected of you and your employer, it would be difficult to understand that your rights are being infringed as well as the remedial steps to take,’’ says Dr Komba.
The Permanent Secretary says that it was the government strategy under the Ministry of Labour Employment and Youth Development to ensure the new labour laws are understood by employees in the country.
The government strategy is to ensure that the Employment and Labour Relations Act and the Labour Institutions Act both of 2004 are widely distributed to enable people understand their rights.
However, he says working tools including financial constraints have been hindering government’s efforts in ensuring wide distribution of the Acts as well as educating the public.
He said the importance of having in place labour laws arises from the government ambition in fostering economic growth and poverty eradication.
The reform of the labour market policies and laws are geared at promoting enterprise growth and competitiveness in the globalization economy.
Tanzania has committed herself to observe the broad categories of the declaration in respect of freedom of association, rights to collective bargaining, and elimination of all forms of forced labour and compulsory labour.
It is also committed to the effective elimination of child labour as well as the elimination of discrimination in employment.
Tanzania has achieved a great deal on this area such that it has ratified and domesticated the ILO convention into country laws.
Now that the labour law is in place employees should be educated on the law so that when the law becomes operational is used effectively.
It’s true that in some incidents many employees do not know their rights and what they are supposed to do if their employer refuse them to have a trade union or to collective bargaining.
For the workers who are knowledgeable of the labour law, it becomes easy for them to demand for their rights even if it would mean requesting for legal redress.
However, with the problem of unemployment the knowledge of the labour laws would help nothing because one wants a job hence will practice selfcensorship when it comes the issue of one demanding for their rights.
The labour law education should not be one way but a two way whereby even employers should also be educated on the importance of employee’s rights.
Even if the workers understand the law, it will be useless unless the employers are also educated on the same.
Sincerely something need to be done and in this case only the government can come in and save the situation. The government is there to protect the interest of everybody, the employer and employee. Together we will win!
|
