Despite acute shortage of workers
and working tools, the Commission for Mediation and Arbitration (CMA) has
managed to register a total of 43,003 disputes, out of which 31,125 cases or
about 72.3 percent were resolved since the formation of the commission in 2007.
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| Medical Association of Tanzania President Dr Namaka Mkopi (right) addressing a press briefing. |
At the moment the commission has
102 workers while the actual demand was 400 workers for the whole country.
Speaking at a media training on
process of dispute mediation, arbitration and challenges, held in Dar es Salaam
recently, CMA’s Chief Executive Officer Cosmas Msigwa said that controversial
contracts entered between the employers and employees fueled the increasing
conflicts reported at the commission.
However, he cited other reasons as
lack of transparency and little knowledge on the correct use of labour rules of
2007 by some trade unions when demanding their rights.
“You will find that the trade
unions for example, instead of channeling workers’ demands to employers through
prescribed forms as per government notice no 65 of 2007, many unions could not
fill in the forms and went on to verbally press for their demands” he said.
He said ignorance on the correct
use of labour rules of 2007 was a very big problem which fueled many conflicts
of interests.
He said that at the moment private
security sector led for having many conflicts because when the employers and
employees sign contacts, the employers do not explain and educate their
employees in the terms of the contracts.
According to him, after the private
security sector, the industrial sector ranked the second for having many
conflicts.
“An employer may employ a boy to
guard or sell charcoal without clarifying the terms of reference and costs that
would be involved. When the boy demands high pay, the employer would terminate
him or her, but if he had told him the truth, the employee would have
understood” he said.
The private security sector is
currently leading with 20.9 percent of conflicts registered at the Commission
for Mediation and Arbitration (CMA) followed by the industrial sector, holding
13.2 percent of mediation or arbitration demands.
The core reason is said to be lack
of transparency in contractual and non-contractual agreements, and failure to
adhere to labour rules when terminating contracts, sector observers assert.
“Many contracts between the two
sides are vaguely explained to employees and thus when it comes to payments,
employees often expect more than what their employers are prepared to pay” he
said.
He explained that there are many
such cases as some employees would simply withhold their complaints for fear of
losing their jobs.
Other sectors did not have as many
conflicts, but when such conflicts occur they had shocking impacts at work
places.
He named them as education sector
which has 6.0 percent and finance sector 4.0 percent.
Others are mining and health sectors
with 4.0 and 2.5 percent of referred disputes respectively.
According to Msigwa, conflicts can
easily be resolved by negotiation between the two sides and not through
demonstration and shouting. The commission has opened offices in all the
regions in Tanzania Mainland, it is now bringing closer its service at district
levels.
Ends.
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