Maintaining Good Industrial Relations at Work Place

Introduction

Industrial harmony is achieved in the workplace only when the leaders (management) determine what they want their organization culture to look like and the strategy to make it reality.  Where there is no vision people will throw off restraints. There will be no discipline; thus leadership has to establish vision, mission, values, direction, create the organisational culture through personal discipline, respect for others  and follow development plan. However, there are a number of reasons why some workplaces are more harmonious than others.

·        Encouraging open communication (Frequent and effective communication).

 One of the best ways to foster good relationship within the workplace is to encourage  dialogue and effective  communication. This should not just amongst colleagues but between staff and management also.  Encouraging the workplace to express ideas  and views  as well as suggesting  improvements is a great  way of achieving  this. Gaining feedback on performance  either  as a team or in 1 to 1  session as well as giving  workers  clearly defined and realistic targets  and deadlines. Remember  also who, what; when; where  & how guideline question. Meetings  with  planned  agendas, clear and concise  communication to keep it simple, meaningful,  deliberate and planned and last  build  interpersonal communication skills.

·        Establishing  a good work/life  balance

Work  can become  unbearable if  employers  are only  interested  in themselves  and making as much profit  as possible  without  giving  any regard  to the needs of their staff, its also important  to recognise that they have life outside  of the workplace  too. Creating  a family  friendly  environment  is a very positive step.

This is achieved by creating flexible working practices, compassionate leave, staff domestic as arrangements i.e attached the institutions with financial institution (guarantor). Like Banks and  SACOSS. Also  by having  a well  planned  arrangement  on how to handle  staff issues  like death, wedding  arrangements and disasters . Sometime a company may even insure their employees with a limited  number of their families. 

 

·        Training  and Development

No matter how much an employee enjoy their current role,  most career  minded  people  will ultimately hope  that the job they are  doing  now will be a stepping  stone towards  the next phase  of their  career.  To retain valued  members of staff a company  can provide them with the right  platform in order to develop. This might  include on – job training , study  leave  or even  paying for the cost of  external educational  courses to  have a career  development programme.  Rule 30 G.N 42 /2007 provides  for the same.

·        Provisions of Incentives /bonus or awarding good employee.

Payment of bonuses to staff for performance  that  have  exceeded  institution  expectation, the same  applies to award  good worker for a certain  categorised  achievement  can not only  increase productivity  but also increase  a sense  of belonging  with the company  or institution.

However,  money  alone is rarely  enough  of a motivation for staff to remain  loyal   and to feel  happy in their  work. Other means are:   

-          Institutions  bonanza

-         Institution  family day

-         Institution day out /corporate responsibility etc.

·        Leadership skills, innovation and creativity

(a)  First leaders should be held accountable model and demonstrate behaviour they expect. They should establish and drive clearly defined standards of performance. Practice of discipline and restraint , coach  and mentor.  They should  focus  on goals, clear , actionable  measurable and specific goals. 

(b) Clearly defined  roles for sub group  (Depts, sections or unit)

To have  them with  a clear job descriptions,  performance  assessment ,  clerly defined expectation, set clear  standards  to these sub groups  up to an individual  who will know very clearly  what the  organisation /institution will expect  from him/her  in a specified  period of time.

(c) Shared resources

Both hard resources  (like working  tools) and soft  resources  (cash) together  with workers  themselves  (Human Resources) ought to mingle  for the purpose  of furthering  organisational objectives . When  resources  are not clearly /equally  shared  there will  arise grievances which may be translated  into disputes.

It should be clear  that  people (both management and other staff) are resources  who can share ideas,  experiences  and build  partnership and  by having  common access  to resources.

Organization tips towards creating good industrial relations

(i)                Consistent, United  and enthusiastic  effort

-         Set  standards 

-         Focus on goal (s)

-         Communicate  the strategy

-         Communicate the benefit

-         Encourage, inspire and motivate

-         Reward and recognition

-         Share  success stories

-         build  a win culture

-         Take time to build relationship  on and off the job

-         Career  planning

(ii)              Periodic and temporary  suppression of the “ego”

-         Leaders don’t have all the answer

-         Shut up! listen, listen and listen some more 

-         Seek personal  development

-         Learn from others

-         Failure  is not fatal

-         Forgiveness

(iii)           Measure,  assess, and face  reality

- Employee surveys

- Customer survey

- Feed  back

- Focus  groups

- Round  tables

- Benchmark

(iv)           Build a solid  foundation…….

-         Recruit and hire  the right  people

-         Enforce fair  and equitable  employment  practices

-         Share  organization vision

-         Help employees to achieve  their goals

-         Build  an eager  want

-         Promote from within  when  possible

-         Establish  a talent  pipeline

INDICATORS OF GOOD WORKING CONDITIONS AT A WORKING  PLACE           

(i)                Labour Turnover:  The more high labour turnover  ensrihed that the workplace  is not conducive  and vice  versa.

(ii)             Number of displinary  issues noted, attended or normally  observed within a specified  period of time  (punctuality) and how problems  are dealt with.

(iii)           Existence  or non existence  of communication  barrier. i.e  process, procedure  and its effectiveness.

(iv)           The type  of organization  culture exisitng  in the institution i.e degree of strictness flexibility, team  working spirit  or not etc.

(v)             The way internal and external clients  internet , communicate, perpetuate  etc.

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Posted in: Disputes,Labour Globally

Forced Labour

What is Forced Labour?

Forced labour refers to bonded labour or any work exacted from a person under the threat of a penalty and to which that person has not consented. The law prohibits forced labour.

Is there any prohibition on Forced Labour for an employer? And if yes, any penalty thereto?

Yes. The law prohibits the procuring, demand and imposition of forced labour and any person who procures demands or imposes forced labour commits an offence. The penalty for someone who does these acts is fine not exceeding five million Tanzania Shillings, imprisonment for a term of one year or both fine and imprisonment.

Does requiring my employees to work when they are tired amount to Forced Labour?

By signing employment contracts employees submit themselves to work for you, so in such a scenario there is consent from their side and willingness to work. There is therefore no forced labour if employees are required to do what they agreed to do in their employment contract. If employees are sick that is a different story, as they can follow the right procedure to seek sick leave.

Does overtime work amount to Forced Labour?

Working overtime can only amount to forced labour if an employee did not consent to working overtime. In other words, if there has never been any agreement between you and your employees to require them to work beyond ordinary working hours and you order them to work overtime then it will amount to forced labour.

If I order employees to work in cases of emergency can I be charged with imposing Forced Labour?

Some work which might sound like forced labour (no consent of employee is granted) does not fall within the ambits of forced labour. These scenarios include:

• Any work exacted in cases of emergency. 
• Work exacted under the National Defence Act, 1966 for work of a purely military nature.
• Work that forms part of the normal civic obligations of a citizen of Tanzania.
• Work exacted from a person who is convicted by a court of law, provided the work is supervised by a public authority and the convict is not hired or placed at the disposal of a private person.

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Posted in: Labour Globally,News

Minimum Wage

Every person without discrimination of any kind is entitled to remuneration commensurate with work and all persons working according to their ability shall be remunerated according to the measure and qualification for the work. Every person is entitled to just remuneration. (Art. 22 of the Constitution). The wage rates are determined by Wage Boards constituted in accordance with Labour Institutions Order 2007. 

The minimum wage rates have been fixed under the Wages Order 2013. While determining the minimum wage, the Wage Board takes into account all relevant factors including the cost of living, level of wages and income in the country, economic development, level of employment, the minimum subsistence level, ability of employers to carry on their businesses, operation of small, medium and micro enterprises, the remuneration and terms and conditions of employment of employees employed in the East African Community in the sector, any collective agreements providing for remuneration and terms and conditions of employment in the sector, alleviation of poverty and any other relevant matter. (section 37 of the Labour Institutions Act, 2004). 

Minimum wage rates are determined for the following sectors: Health services; agriculture services; Trade, industries and commercial services; communication services; mining; Private schools services (Nursery, Primary and Secondary schools); Domestic and Hospital Services; Private Security Services; Energy Services; Transport Services; Construction Services; Fishing and Marine Services; and Other sectors not mentioned above. 

Learn more about minimum wages in Tanzania.

Constitution of the Republic of Tanzania

Labour Institutions Act 2007

Wages Order 2013

Night Work

If a worker usually works at night, he has to be paid a night premium of 5% over and above his normal wage rate. If that worker is working at night (as overtime), he has to be paid a night premium + overtime premium. 

Regular Pay

The law regulates the payment of wages to all classes of workers. Wages can be calculated on hourly, daily, weekly or monthly basis. Employer should pay the employee his wages during the working hours at the place of work on agreed pay day in a sealed envelope if payment is made in cash or through check. Employment and Labour Relations Act, No. 6,  2004, Sec. 26-27

Overtime

In accordance with the section 19 of Employment and Labour Relations Act 2004, employees can be required to work 6 days a week. The normal working hours are 9 hours a day and 45 hours a week. If a worker works beyond the stipulated working hours, he is entitled to an overtime pay that is one and a half time (1.5 of X or 150%) the rate of his ordinary pay. The weekly hours limit does not apply to employees who manage other employees on behalf of the employer and who report directly to a senior management employee. An employer may not require an employee to work more than 12 hours in a day and more than 50 hours overtime in a 4 week cycle. A written agreement may require or permit an employee to work up to twelve hours in a day inclusive of any meal interval without receiving overtime pay. However, such agreement may not require or permit an employee to work more than 5 days and 45 hours as well 10 hours of overtime in a week. A collective agreement may also provide for averaging of ordinary and overtime hours over an agreed period (not greater than one year) however such agreement may not require or permit the work to work more than 40 ordinary hours of work per week calculated over the agreed period and ten hours overtime per week calculated over the agreed period. The overtime limit does not apply to (i) the employees who manage other employees on behalf of the employer and who report directly to a senior management employee; or (ii) emergency work which cannot be performed by employees during their ordinary hours of work; and (iii) where an applicable collective agreement provides for the averaging of the overtime hours of work over an agreed period not exceeding one year, subject to a limit of ten overtime hours per week on average. (Section 17-22 of Employment and Labour Relations Act 2004)Employment and Labour Relations Act, No. 6,  2004, Sec. 19

 

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Posted in: Disputes,Labour Globally

Work and Family

What does the law say about working parents?

Current labour laws in Tanzania have no specific and clear provision for working parents. There are, however, provisions for pregnant and breastfeeding working mothers.

What does the law say about pregnant women and working hours?

The law prohibits pregnant women to work at night two months before the expected date of confinement or much earlier if the employee produces a medical certificate to confirm that she is no longer fit to perform night work. There is a very clear provision of the law requiring an employer to transfer any employee working night shift who becomes certified as unfit to do night work.

What does the law say about maternity and paternity leave?

In a leave cycle (period of 36 months) an employee is entitled to 84 days paid maternity leave if she gives birth to a single child or 100 days paid maternity leave if the employee gives birth to more than one child.

These days include rest days and public holidays. However, if due to any birth/delivery complications the female employee requires extra days she can discuss this with the employer concerned, about using sick leave days or some days from her annual leave, or getting extra unpaid leave days.

The duration of paternity leave is three days in a leave cycle which is thirty six months. The three days are the total number of days irrespective of the number of children that are born within the leave cycle.

What does the law say with regard to working hours of a nursing mother? 

A nursing mother is under the law entitled to two hours per day to feed her/breastfeed her child. The law does not say at what time of the day they should be utilised. It is therefore up to the employer and the breastfeeding employee to discuss and agree. Neither does the law provide for how long this right should proceed; it is therefore left up to the discretion of the employer and employee to agree.

Is there any provision for leave to attend to a sick child or deal with a family issue?

Yes. There is a provision for compassionate leave and this serves the purpose of an employee attending to a sick child or to the burial of a deceased child. It also gives time for an employee to attend the burial of their spouse, parent, grandparent, grandchild or sibling.

The number of days that an employee is entitled to for compassionate leave is four days in a thirty six month period. However, employees have been complaining that the number of days is not enough and some have been able to increase them via collective bargaining agreements.

Does the law give me time off to attend family/social gatherings?

The law does not have a specific provision for family/ social gatherings or activities of that type. However if an employee is in need of time off, say to attend a daughter’s wedding, or aunt’s burial ceremony, they can request some days off taken from their annual leave. 

What are the challenges facing working parents?

There are lots of challenges facing working parents. The major issues are not getting enough time to take care of their families, to do housework, and to attend family social gatherings. Also, commuting takes a long time - with the current infrastructure it is very common for working parents to leave their home for work at 4am and arrive back at their home at 9pm. With these hours it is difficult to spend time with one’s children.

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Posted in: Labour Globally

Child Labour

How has the child been defined under the Labour Laws?

Section 4 of the Employment and Labour Relations Act, 2004 defines a child as a person under the age of fourteen years but for the purpose of employment in hazardous sector , it is defined as a person under the age of eighteen years.

Is there any other law regulating the employment of a child?

Yes, there are various other laws providing for employment of a child and some of these are the Constitution of the United Republic of Tanzania, 1977, the Law of the Child Act, and the Vocational Education and Training Act to mention a few. But when it comes to employment and labour matters, the Employment and Labour Relations Act, 2004 is the most relevant one.

Is employment of a child permitted under the law?

Generally the law prohibits employment of a child under the age of fourteen years. It further prohibits employment of a child under the age of eighteen years in a mine, factory, as a craw in a ship, or any other work site including non-formal settings and agriculture where work conditions may be considered hazardous by the Minister.

However, the law permits employment of a child of fourteen years in light work which is not likely to be harmful to the child’s health and development and does not prejudice the child’s attendance at school, vocational orientation or a training programme. The general welfare of the child must not be prejudiced.

Is there any penalty under the law if I am caught employing a child contrary to the provision of the Employment and Labour Relations Act, 2004?

It is an offence to employ a child contrary to the provision of the mentioned act and the sanction thereof is provided for under section 102 (2) of the Act which empowers a District and Resident Magistrate’s Court to impose a penalty amounting to a fine not exceeding five million shillings, imprisonment for a term of one year or to both fine and imprisonment as the Court may deem fit, depending on the circumstance of the case.

How will I as an employer be aware that my enterprise is hazardous?

The law employs the Minister to prepare a list of hazardous sectors and make it available to the public. Currently there is a draft list by the Minister for Labour and Employment but the same has not come into effect.

Will I be held guilty of employing a child if I was not aware and I was misled by the child as to their age?

If you claim to have been unaware that the person you are employing is a child or you were misled you will have a duty to prove that it was reasonable for you or any other prudent person to believe that the child was above the prohibited age. You must show that there was enough due diligent exercise which led you to believe that you were not employing a child. Evidence of a birth certificate, interview records with their parents, and any other relevant evidence to establish that you were misled could set you free of the said offence.

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Posted in: Labour Globally,Labour Laws