the public service (negotiating machinery), 2003

7/27/2019 The Public Service (Negotiating Machinery), 2003

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THE PUBLIC SERVICE (NEGOTIATING MACHINERY)ACT, 2003

A R R A N G E M E N T O F S E C T I O N S

Section Title

PART IP R E L I M I N A R Y P R O V I S I O N S

1.2 .

Shor t t i t l e and commencement .Interpretat ion.

PART IIE S T A B L I S H M E N T O F T H E J O I N T S T A F F C O U N C I L S

3 . Object ives of the Joint Staff Counci ls .4 . Establ ishment of Service Joint Staff Counci l .5 . Tenure of office of Chairman etc, of Service Joint Staff Council .6 . Funct ions of the Service Joint Staff Counci l .7 . Quorum and meet ings of Service Joint Staff Counci l .8 . Decision of the Service Joint Staff Counci l .9 . Es t ab l i shm ent and com po s i t i on o f t he Pub l i c Se rv i ce Jo in t S ta ffC o u n c i l .

10 . Funct ions of the Publ ic Service Joint Staff Counci l .1 1 . Prohibi t ion in re la t ion to m inim um wag e .1 2 . T e n u r e o f office o f m e m b e r s o f the Pub lic Serv ice Join t Staff Cou nci l .1 3 . Quorum and meet ings of the Publ ic Service Joint Staff Counci l .14 . Public Service Joint Staff Counci l ' s meet ings .15 . Cessat ion and f i l l ing of vacancies of members .

P R O C E D U R E F O R R E N D E R I N G A D V I C E A N D D I S P U T E S S E T T L E M E N T

1 7 . A g r e e m e n t s r e a c h e d i n P u b l i c S e r v i c e J o i n t St af f C o u n c i l a n d

Staff Counci l is reached.19. Reference of d i spute to the Publ ic Service Joint S taf f Counci l or

C o u r t .2 0 . Re-considerat ion of dispute by Publ ic Service Joint Staff Counci l .

PART III

16. Advice to the Government .publ icat ion of Minister ' s aw

18. Repor t to Minis ter where no agreement in the Publ ic Service Joint

1


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2 1 . Considerat ion of dispute by Court .2 2 . Time for reference.2 3 . Award by the President .2 4 . Publicat ion of President ial award.2 5 . Aw ard to be binding .

PART IVS T R I K E S A N D L O C K - O U T S

2 6 . Rights and condi t ions to s t r ike and to lock-out .2 7 . Str ikes and lock-out not al lowed.2 8 . Inc i tements .2 9 . Prohibi t ion of acts of discr iminat ion.

PART VE S T A B L I S H M E N T , C O M P O S I T I O N A N D F U N C T I O N S O F T H E M A S T E R

W O R K E R S C O U N C I L3 0 . Establ i shment of a Master Workers Counci l .3 1 . Funct ions of Master Workers Counci l .3 2 . Submiss ion of recommendat ions .3 3 . Rep or t of the Master W orkers Coun ci l.

PART VIM I S C E L L A N E O U S P R O V I S I O N S

3 4 . Disappl ica t ion of Cap . 15 .3 5 . Regula t ions .3 6 . Repea l of Cap . 4 84 and Ac t No . 1 1 o f 1 982 .3 7 . Trans it iona l p rov i s ions C ap . 4 84 and Ac t No . 1 1 o f 1 982 .

S C H E D U L E


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N o . 1 9 Publ ic Service (Negotiating Mach inery) 2 0 0 3 3

An Act to make better provisions for the participation ofpublic servants in negotiating and rendering advice to thegovernment and settling, disputes in the public service;to repeal the Civil Service (Negotiating Machinery) Act,1962 and the Local Government Negotiating Machinery,1982 and to provide for related m atters.[ ]

E N A C T E D by the Par l iament of the Un i ted Repub l ic of Tanzania .

P A R T IP R E L I M I N A R Y P R O V I S I O N S

1.-{1) Th is Act m ay be cited as Public Service (Nego tiating Mac hinery) short titleAct, 2 0 0 3 . andc o m -

(2) This Act shal l come into operat ion on such date as the Minister m c n c c "' r m e n tmay, by no tice in the Gazette, appoin t .


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A c t N o . 8o f 2 0 0 2A c t N o . 4 1o f 1 9 6 7

2 . In th i s Act , unless the context o therwise requi res-' 'Act ' ' means the Publ ic Service (Negotiat ing Machinery) Act , 2 0 0 3 ;' ' award' ' means a f inal decision of the President made under sect ion 23

of this Act and includes acceptance of the agreement by the Ministerunder sec t ion 1 7 ( 2 ) ;' 'C h i e f S e c r e t a r y ' ' h a s t h e m e a n i n g a s c r i b e d t o i t u n d e r t h e P u b l i cS e rv ic e A c t , 2 0 0 2 ;' 'Court' ' means the Industrial Court established under the Industrial CourtAct , 1967 or any successor , court thereto;' 'dispute' ' means any matter regarding the terms and conditions of serviceof public servants which was a subject of consideration by the Counciland to which the Government and the trade unions have failed to reachan agreement ;' 'lock-out' ' m ean s the closing of a place of emp loym ent , by the em ployerdone in consequence of a d i spute , not wi th the in tent ion of f ina l lyd e t e r m i n i n g e m p l o y m e n t , b u t w i t h a v i e w t o c o m p e l l i n g p e r s o n se m p l o y e d b y h i m o r t o c o m p e l t h e e m p l o y e r t o a c c e p t t e r m s o rcondi t ions of , or affect ing employment;' 'me m ber ' ' m ean s a m em be r of the Se rvice Jo int S taf f Counc i l and, asthe case may be, a member of the Publ ic Service Joint Staff Counci land inc ludes the Chai rmen and Vice-Chai rmen;

' 'Minister' ' means the Minister responsible for public service managementmat ters ;' 'Permanent Secre tary ' ' means the Permanent Secre tary respons ible for

publ ic service management mat ters ;' 'publ ic servant ' ' has the m ea nin g ascr ibed to i t und er the Publ ic ServiceA ct, 2 0 0 2 ;

' ' p u b l i c s e r v i c e ' ' m e a n s t h e p u b l i c s e r v i c e a s d e f i n e d i n t h e P u b l i cS e r v i c e A c t , 2 0 0 2 ;

' ' Se rv i ce ' ' means the pub l i c se rv i ce i n t he Government o f t he Uni t edRepublic of Tanzania;' ' s t r ike ' ' means the cessat ion of work by publ ic servants or a concertedrefusa l by any number of publ ic servants to cont inue to work or aconcerted interrupt ion of work or performance of work on a go-slowbas i s by any number o f pub l i c se rvan t s , done th rough the i r t r adeunion or unions as a means of compelling their employer or any personto a id o the r pub l i c se rvan t s i n compe l l i ng the i r employer o r anyperson ac t ing on behal f of the employer , to accept or not to acceptthe te rms and condi t ions of employment ;

' ' t rade union ' ' means any regis tered t rade union the member of whichincludes employees in the publ ic service .


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No. 19 Public Service (Negotiating Machinery) 2 0 0 3 5

PART IIESTABLISHMENT OF THE JOINT STAFF COUNCILS

3.-(1) For the purposes of achieving the objectives of this Act, both Objectivethe Service Joint Staff Council and Public Service Joint Staff Council of theshall, within the limits of their functions: J o i n t S t a f f

' Councils(a) secure the greatest measure of co-operation between theGovernment, in its capacity as an employer, and the publicservants through their respective trade unions;

(b) provide conducive environment that would bring aboutconsultation and negotiation between the Government andpublic servants on matters affecting the efficiency and well-being of the public service; and

(c) provide for the machinery for dealing with the grievances forpublic servants.

(2) For the purposes of facilitation of the meetings of the ServiceJoint Staff Council, Public Joint Staff Council and the Master WorkersCouncil, the Government shall pay for the costs of such meetings.

4 . - ( 1 ) There shall be established for the purposes of putting in place Establish-the mechanism and facilitation of negotiations and participatory consul- ment oftations by each Service Scheme, the Service Joint Staff Council.

(a) the Civil Service Joint Staff Council; C o u n c i l(b) the Teachers Service Joint Staff Council;(c) the Local Government Joint Staff Council;(d) Health Service Joint Staff Council;(e) Fire and Rescue Services and Immigration Service Joint

S t a f f C o u n c i l ;(2) The Service Joint Staff Council shall be negotiating body whichshall, with respect to the terms and conditions of service, provide aforum for discussion by public servants serving in the service schemereferred to under subsection (1).(3) Every Service Joint Staff Council shall consist of.-

(a) a Chairman and a Vice-Chairman who shall be appointed bythe Minister from amongst two persons who shall berecommended by the most representative trade union representing the category of the Service Scheme in question andtwo other persons recommended by the Minister responsiblefor the Service Scheme in question;


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T e n u r e o fO f f i c e o ft h eC h a i r m a n , e t co f t h eS e r v i c eJ o i n tS t a f fC o u n c i lF u n c t i o n s o ft h eS e r v i c eJ o i n tS t a f fC o u n c i l

(b) four publ ic servants nominated by the respect ive t rade union,and the Secretary;

(c) four Government officials nominated by the Minister being: -( i) a r ep rese n ta t iv e o f t he Min i s t ry r e spo ns ib l e fo r pub l i c

s e r v i c e ;( ii ) a represe ntat ive of the M inist ry respo nsible for f inance;( i ii ) a rep rese nta t iv e of the Minis t ry resp on s ible for la bou r

re la t ions ; and( i v ) a r e p r e s e n t a t i v e o f the Min is t ry r espons ib le f o r the service

s c h e m e .(4) In nominat ing persons referred to under paragraphs (b) and (c) of

subse ct ion (3 ) , the Trade Un ion and the M inis ter shal l ensure tha t thenominee are such persons who are able to make decisions on any matterwhich is the subject of negot iat ion.

5 . The Chairman and the Vice Chairman shal l each hold off ice for aper iod of three years and shal l be e l ig ible for reappointment for onefurther term.

6. The funct ions of the Service Joint Staff Counci l shal l be-(a) to advise the Government on mat ters re la t ing to the wel fare

of publ ic servants to wh ich that Service Joint Counci l be long ;(b) to d i scuss and make recommendat ions to the Government onany mat ter conce rning in terest , we l l -be ing and ef fic iency onpar t of publ ic servants ;

(c) to discuss and advice the Government on any matter on whichthe Government has reques ted for advice ;

(c) to negot iate on matters relat ing to the terms and condi t ions ofservice with respect to the publ ic servants general ly or to theService Scheme to which tha t Service Joint Counci l be long;and

(d) t o d i scuss any mat t e r which may be r e fe r r ed to i t by thePublic Service Joint Staff Counci l .


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7.-(1) The quorum for a meeting of the Service Joint Staff Councilshall be seven members.

(2) The Service Joint Staff Council shall hold meetings twice a yearwithin the first quarter of each financial year of the Government.

(3) Notwithstanding subsection (2), the Service Joint Staff Councilmay hold an extra-ordinary meeting if there exist any matter whichrequires immediate consideration and determination.8 . - (1 ) Al l dec i s ions on any mat ter which was a sub jec t o fconsideration and determination by the Service Joint Staff Council shallbe referred to the Public Service Joint Staff Council for endorsement.

(2) Where the Public Service Joint Staff Council receives a decisionon a matter referred to it by the Service Joint Staff Council for consideration and endorsement it may -

( a ) en d o r se wi th or w i t h o u t a m e n d m e n t a n d f o r w a r d t h e m a t t e r tothe Minister; or

(b) defer its endorsement until such other time as may beappropriate; or(c) refer back the matter to the Service Joint Staff Council with a

direction for further consideration.9.- (1) Th er e shall be est abl ish ed a Pu bli c Serv ice Joi nt Staff

Council which shall be the highest participatory negotiating andconsultative body in the public service.

( 2 ) T h e c o m p o s i t i o n of the pub l ic Serv ice Jo in t Sta f f counci l sha l l be-(a) the Chairman and the Vice-Chairman who shall be appointedby the President from a list of persons submitted as such bythe Minister;

(b ) e ig h t memb er s f ro m th e t r ad e u n io n s r ep re sen t in g th e Co u n c i lwho shall be appointed by the trade unions; and

(c) eight members appointed by the Minister to represent theG o v e r n m e n t .

( 3 ) Fo r th e p u rp o ses of s u b s e c t i o n ( 1 ) , a person sha l l no t be a p p o i n t e da Chairman or a Vice Chairman who is a member of a trade union or apublic servant.

Quorumandmeetingsof ServiceJointStaffCouncil

Decisionsof theServiceJointStaffC o u n c i l .

Establishment andcomposition ofthePubl icServiceJointStaffCouncil


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Func t ionsof theServiceJointStaffCounci l

tom i n i m u mw a g e

(4) In recommending persons for appointment as Chairman and ViceChairman, the trade unions and the Government shall each nominatetwo persons whose names shall be forwarded to the President.

(5) The Secretary and Assistant Secretary shall be appointed on thebasis that the Secretary shall be appointed by the Minister from amongthe public servants and the Assistant Secretary shall be appointed by thetrade unions.

1 0 . - The functions of the Public Service Joint Staff Council shall be-P u b l i c (a) to advise the Government on matters relating to the welfare

of public servants;(b) to discuss and make recommendations to the Government

on any matter concerning interests, well-being and efficiencyon part of public servants;

(c) to discuss and advice the Government on any matter on whichthe Government has requested for advice of the Council;

(d) to negotiate on matters relating to the terms and conditionsof service with respect to the public servants generally or tospecified category of public servants;

(c) to approve and register or discuss any matter referred to it bythe Service Joint Staff Council;

(f) determine appeal referred to it arising from the decision ofthe Service Joint Staff Council; and

(g) to initiate any matter of important and refer the same forconsideration, opinion or determination by the Service JointStaff council

P r o h i b i - 1 1 . - ( l ) The Service Joint Staff Council and the Public Service Jointt ion in Staff Council shall not consider, offer advice or make recommendationsrelation relating a Mi ni mu m Wag e or any matt er in con nec tio n wit h the

Minimum Wage Board or Wages Council or any other body appointedor ought to be appointed pursuant to the provisions of the Regulationof Wages and Terms of Employment Ordinance or any other law forthe time being in force.

(2) Where there is any matter concerning the minimum wage or anymatter in connection with which the Minimum Wage Board or WagesCouncil or any other body appointed or ought to be appointed, such amatter shall be referred to the Minimum Wage Board, the Wages Councilor, as the case may be, that other body which has been appointed orwhich is ought to be appointed.


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N o . 19 Public Service (Negotiating Machinery) 2 0 0 3 9

1 2 . A membe r of the Public Service Joint Staff Council shal l ^ f ^ o fho ld office for a pe ri od of th re e ye ar s and shall be eli gib le for m o f e f i m c e b e o r f sr e - appointment o f t h e

Publ icServiceJointStaffCounci l

13.-(1) Subject to subsection (1) of section 14 , the Public Service Q u o r u mJoint Staff Council shall meet once in every year and shall, for the a n dpurposes of discharging its functions, regulate its own proceedings. ^hT^

Publ ic(2) Fourteen members shall constitute a quorum for the meeting of S e r v i c ethe Public Service Joint Staff Council. J o i n tStaff

Council

a matter and, in relation therewith it is minded to advice theGovernment as such, it shall submit in writing a report to the Ministerwhich shall be signed by the Chairman or any other member nominatedon that behalf by the Chairman and by the Vice-Chairman or any othermember nominated on that behalf by the Vice-Chairman.

ServiceJointStaffCounci l ' smeet ings

14 .-(l) The Public Service Joint Staff Council shall hold its Publ icordinary meeting during the second quarter of each financial year of theGovernment and may hold extra-ordinary meetings at any time duringwhich a matter giving rise to the meeting requires or soon after a matter SCtoauffnhas been referred to it by the Service Joint Staff Council.

(2) Any matter which is a subject of consideration by the PublicService Joint Staff Council which, by its nature, calls for action ormeasures to be taken in compliance therewith by the Government shallbe determined and recommendation submitted to the Minister not laterthan 15th day December.

1 5 . Where any member of the Public Service Joint Staff Councilceases to be as such, his position shall be filled by a member appointedin accordance with the procedures as may be set out by the Minister and f v i a l l c i a n n g c i o e f sshall hold office and perform duties as a member for the rest of the v a c a n c i e sremaining period.

Cessationand

vacancieso fmembers

PART IIIPROCEDURE FOR RENDERING ADVICE AND DISPUTES SETTLEMENT

16 . - ( l ) Where the Public Service Joint Staff Council has considered A d v i c e t otheG o v e r n ment


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(2 ) Wh ere a repo r t is m ade to the Minis ter , he shal l con s ider i t andadvise the Government accordingly .

( 3 ) A dec i s ion o f t he Government made pur suan t t o o r consequen tupon advice given according to this sect ion may be reported back to thePublic Service Joint Staff Counci l at i ts subsequent meet ing.

A g r e e - 1 7 . - ( 1 ) A n a g r e e m e n t r e a c h e d b y th e P u b l i c S e r v i c e J o i n t S ta ffm e n t s Cou nci l or any m atter referred to the Pub l ic Service Joint Staff Cou nci l

by the Service Joint Staff Council for approval in relation to any disputeregarding terms and condi t ions of service of publ ic servants shal l beJ o i n t recorded in wr i t ing and s igned by the Chai rman or any other member

S t a f f n o m i n a t e d o n t h a t b e h a l f b y t h e C h a i r m a n a n d b e f o r w a r d e d t o t h eC o u n c i l Minis ter .a n dp u b l i c a t i o n o f ( 2 ) O n r e c e i p t o f t h e a g r e e m e n t t h e M i n i s t e r s h a l l a c c e p t t h e

agreement .

r e a c h e di n P u b l i cS e r v i c e

t h eM i n i s t e r ' sa w a r d (3) Where the agreement is accepted by the Minister without modif i

cation, i t shall ipso facto, be an award.(4) Where the Minister considers that there is a need for fur ther con

sideration of the matter, he shall refer i t back to the Public Service JointStaff Council for further negotiation.

( 5 ) E v e r y a w a r d m a d e sh a l l b e f in a l a n d b i n d i n g u p o n t h eGovernment and the publ ic servants to whom the agreement re la tes fora pe r iod o f twe lve months beg inn ing on the da t e on which the awardw a s m a d e .

(6) No application to negotiate another agreement relating to any mattertha t has been covered by the agreement o r va ry the agreement on amat ter which involves or which have the ef fec t of making var ia t ion toagreement shall, save with the prior permission of the Minister, be placedupon the agenda or discussed by the Publ ic Service Joint Staff Counci lunless twelve months have expi red .


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(7) Every award shall be published by the Minister in the Gazette andshall take effect on the date specified in the agreement. .

18 . - ( 1 ) Where the Publ ic Service Joint S taf f Counci l i s unable toreach agreement on any dispute , the Chai rman and the Vice-Chai rmanof the Co un ci l shal l subm it a rep ort to the M iniste r s ign ed by bo th ofthem or by their nominees .

(2) The report shal l contain as precise as possible:( a ) m inu tes o f de l ibe ra t io ns o f t he Pu b l i c S e rv i ce j o in t S t a ff

Counci l ; and(b) memorandum on the subject mat ter of the del iberat ions .

(3) As much as possible the report shall state the dispute in relation towhich an agreement has not been reached .1 9 . W here a report is m ade to the M inister pursua nt to subsect ion (1 )

of sec tion 1 8 , the M inis ter m ay-(a) up on f inding tha t the Publ ic S ervice joi nt Staff C oun ci l w as

unable to reach any agreement because:( i ) i t d id not take in to account any mater ia l i ssue or mat te ,

relevant to the dispute under considerat ion; or( i i ) i t t ook in to account any i s sue o r ma t t e r s which wereirrelevant or immaterial to the dispute: or

(iii) it lent undue weight or consideration to any issues or matters;or

( iv ) i t d id no t have the benef i t o f any r e l evan t o r ma te r i a linformation,

so that further efforts are required to be made to sett lethe dispute through negot ia t ion by the Publ ic ServiceJo int S taf f C ou nc i l in w hi ch cas e he shal l re fer th edispute back to the Public Service Joint Staff Council; or

(b) refer the dispute to the Court .

Repor t toMin i s t e rwhere noagreement inPubl icServiceJo in tStaffCounc i lisr eached

Referenceof d i sputeto thePub l i cServiceJo in tStaffCounc i lo r Cour t

2 0 . Where the Minis ter has refer red the dispute back to the Publ icService Joint Staff Council , i t shall re-consider the dispute with a viewto reach an agreement and where an agreement is reached the provisionsof subsect ion (1 ) and (2 ) of section 17 shal l apply in relat ion therew ith .

Reconsiderat ion ofd i spu t eby t hePubl icServiceJo in tStaffCounc i l


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C o n s i d e r a t i o n o fd i s p u t eb y c o u r t

P r e s i d e n t

21. Where the Minister has referred the dispute to the Court, the Courtshall consider the matter, and submit the report in respect thereof to theMinister .

T i m e f o r 22. Reference to the Public Service Joint Staff Council or to the Courtr e f e r e n c e shal l be made within twenty one days from the date on which the report

wa s mad e to the Minister pursuant to sect ion 18 unless , in the opinion ofthe M inister , there are special ci rcum stances w hich m ake i t necessary ordes i rable to pos tpone the reference for such fur ther per iod or per iodsn o t e x c e e d i n g t h i rt y d a y s i n t h e a g g r e g a t e , a s t h e M i n i s t e r m a y i nwri t ing al low.

A w a r d b y 2 3 . - ( 1 ) W h e r e t h e r e p o r t o f t h e C o u r t in r e s p e c t o f a n y d i s p u t et h e referred to i t i s submit ted to the Minister , he shal l , in any case, without

delay and wi thin four teen days of such rece ipt , submi t the repor t wi thany comm ents he may w ish to make thereon to the Pres ident .

(2 ) On receipt of the report of the Court and comm ents of the M inister,the President may make an award on the dispute .

( 3 ) A n a w a r d m a d e b y t h e P r e s i d e n t m a y b e e x p r e s s e d t o h a v eretrospect ive effect and shal l be made within twenty one days from thedate on which the report of the Court and the comments of the Ministerwere submit ted to the President .

( 4 ) W h e r e , in t h e o p i n i o n o f t h e P r e s i d e n t , t h e r e a r e s p e c i a lcircumstances which makes i t necessary or desirable to postpone makingthe award for such per iod or per iods as the Pres ident may s ta te , theaward shal l s tand deferred unt i l such period or periods as the Presidenthas stated.

( 5 ) In any proceedings conducted pursuant to the provis ions of th i sAct, a certificate made under the hand of the Minister to the effect that-

(a) the Pres ident has or has not made an award on or by a da tespecif ied therein; or

(b ) t he P res iden t has no t pos tponed the pe r iod fo r making anaward; and

(c) the President has postponed such period of making the awardand has instead specified further period within which the awardis to be made,

shall be admissible in evidence and shall , in the absence of any proof tothe contrary, be conclusive evidence of the facts s tated therein .


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N o. 19 Public Service (NegotiatingMachinery) 2 0 0 3 13

2 4 . - ( 1 ) Every award made by the President shall be published in theGazette and shall take effect from the date of such publication.

(2) Where an award is expressed to be retrospective it shall takeeffect from the date specified in the award.

2 5 . Every award made by the President shall be binding upon theGovernment and public servants to whom the award relates for a periodof twelve months and no application shall be made to vary the award ormake any matter which involves the variation of the award, unless thereis prior written permission of the Minister, and shall not, in any cases,be placed upon the agenda of or discussed within the Public ServiceJo in t Sta f f Counci l un t i l the exp i ra t ion of s u c h p e r i o d of t w e l v e m o n t h s .

P u b l i c a t ion o fP r e s i d e n tial award

Award tobeb ind ing

PART IVSTRIKES AND LOCK-OUTS

2 6 . - ( 1 ) Subject to subsection (2), it shall be a right to any publicservant to take part in a strike or lock-out.

(2) A public servant may take part in a strike or lock-out if thefollowing conditions have been satisfied-

(a) there is a subsisting dispute or a complaint; and(b) the dispute or complaint has not been resolved; and(c) a ballot strike has been conducted under the supervision of

the Labour Officer and the majority of public servants of therespective Service Scheme support the strike; and

(d) a sixty days notice has been served to the Government,counting from the date on which a ballot strike was cast, ofthe intension to strike has elapsed.

(3) Any public servants who violate the provisions of subsection (2)may be subjected to disciplinary action.

2 7 . Nothing in this Act shall authorize the striking or locking out bypublic servants in any employment or services rendered to the Centraland the Local Government Authorities or any other person that causest h e in t e r ru p t io n or co n t in u ed in t e r ru p t io n wh ich en d an g e r s th e l i f e , h ea l thor personal safety of the whole or part of the population.

Rightsandc o n d i t ions tostrike andto lockout

Strike andlock-outn otallowed


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I n c i t e - 28.-(1) Any person being a public servant or not who persuades ori n e n t s incites any public servant to take part in a strike or lock-out contrary to

the provisions of sections 26 and 27 shall:(a) in the case of public servant, render himself the subject of

disciplinary measures, including but not limited to deductionfrom his salary, any amount of money that may be consideredto be commensurate to the loss occasioned to the employer;

(b) in the case of a person who is not a public servant, renderhimself the subject of criminal proceedings.

(2 ) If as a resu l t of par t ic ipa t ion by a publ ic se rvan t in a str ike or l o ck -o u tcontrary to this Act, any damage is caused to property of employer, anypublic servant who took part in the strike or lock-out or any person whopersuaded or incited such public servant to take part in the strike orlock-out shall be liable to make good of the damage to such property.

ac ts ofd i s c r i m i nat ion

P r o h i b i - 29. An employer shall not treat or do any act or omission calculatedt ion of to show disfavor or inspire fear of security of employment on part of a

public servant or do any act of discrimination against any public servantby reason that such public servant took part in a strike or lock-out or is aleader or activist of a trade union which inspired or incited publicservants to take part in the strike or lock-out.

PART VE S T A B L I S H M E N T , COMPOSITION AND FUNCTIONS OF

T HE MASTER WORKERS COUNCIL

E s t a b - 3 0 . - ( 1 ) There shall be established for purposes of participation ofl i shment public servants in implementation of public business, a Master Workerso f a Council.M a s t e rW o r k e r s (2) The provisions of the Schedule to this Act shall have effect as toC o u n c i l the composition, tenure of office, proceedings of meetings and other

matters relating to the Council.

(3) Notwithstanding the provisions of subsection (1), each Ministry,Independent Department, Regions, Local Government Authority,G o v e r n m e n t I n s t i t u t i o n s a n d E x e c u t i v e A g e n c i e s s h a l l e s t a b l i s h W o r k e r sCouncil in the manner as the Minister may, by regulation, prescribe.


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3 1 . Subject to the provisions of section 6, the functions of the Master F u n c t i o nWorkers Council in relation to the business for which it is established o f t h e

, ] ( , Mastershall be: Workers(a) to advise the Government on procedures for promotion and C o u n c i l

disciplinary measures in respect of public servants;(b) to advise the Government on measures to be taken in order to

ensure effective delivery of services;(c) to advise the Government on the changes that are to be made

to the Government Standing Orders and conditions of workand service;

3 2 . Where the Master Workers Council decides to make recommenda- Submis-tions to the Government, it shall submit such recommendations throughthe Minister.

sion ofr e c o m -m e n d a -tions

3 3 . - ( 1 ) The Master Workers Council shall cause in every year to be Report ofprepared and published a report and submit it to the Chief Secretary. t h e

MasterWorkers

(2) Upon receipt of the report the Chief Secretary shall consider such C o u n c i lrecommendations and adopt them for purposes of improving the publicservice.

PART VIMISCELLANEOUS PROVISIONS

3 4 . The Arbitration Ordinance shall not apply in relation to payproceedings, Agreement or award under this Act.3 5 . The Minister may make regulations for the better carrying out ofthe provisions and purposes of this Act and, without prejudice to thegenerality of the foregoing, may make regulations prescribing any thingthat is to be prescribed under this Act.

D i s a p p l i -cation ofCap.15

Regulations

3 6 . The Civil Service (Negotiating Machinery) Act, 1962 and the Repeal ofLocal Government Negotiating Machinery Act, 1982 are hereby repealed. C a p . 4 8 4and Act

N o . 11 of1982


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and ActN o . 11 of1982

T r a n s i - 3 7 . - ( 1 ) Notwithstanding the repeal of the Civil Service (Negotiatingt i o n a l Mac hin ery ) Act , 19 6 2 and the Local Gov ern men t Nego tiat i ngp r o v i sions and M a c h i n e r y A c t , 1 9 8 2 :s a v i n g s (a) all subsidiary legislation, and all other administrative orders,C a p , 4 8 4 directions or instructions made, given or issued under or inon1 A+ ' C

pursuance of the provisions of the Civil Service (NegotiatingMac hin ery ) Act, 19 62 as well as the Local Gov ern men tNegotiating Machinery Act, 1982 which were in force oncommencement of this Act, shall be deemed to have beenmade, given or issued under or in pursuance of the provisionsof this Act, and shall remain in force until revoked, cancelledor rescinded by subsidiary legislation, administrative orders,directions or instructions made or issued under this Act;

(b) the Chairman, members and officers of the Master Workers'Council shall, from the date of commencement of this Act,continue to hold office on the terms and conditions of serviceon which they were each appointed unless their appointmentsare revoked, and shall for that purpose be deemed to be theChairman, members and officers respectively of the MasterWorkers Council appointed in accordance with the provisionsof this Act.

(2) The President may, by Notice in the Gazette, at any time beforethe expiry of twenty four months from the commencement of this Act,make such consequential transitional or supplementary provisions as hemay consider necessary for facilitating effective performance by theMaster Workers Council of its functions.

SCHEDULE

(Made under section 30(2))Provisions relating to the Master Workers Council

Composi- 1. The Master Workers Council shall consist of thirty three members drawn astion of the fol lows-Wrken (a) the Permanent Secretary of the Office of Public Service Management whoshall be the Chairman;Council


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N o. 19 Public Service (NegotiatingMachinery) 2 0 0 3 1 7(b) the Vice Chai rman who shal l be e lec ted f rom amongst the members of the

Mas t e r Worke r s Counc i l r ep resen t i ng t r ade un ions ;(c) seven executives representing regions who shall be appointed in a representative

capaci ty of Zones as fol lows-( i ) Nor thern Zone tha t cons is t s of Ki l imanjaro , Arusha , Manyara and Tanga

regions ;( i i ) E a s t e r n Z o n e t h a t c o n s i s ts o f D a r e s S a l a a m , P w a n i a n d M o r o g o r o

regions ;( i i i ) Southern Zone tha t cons is t s of L indi , Mtwara and Ruvuma regions ;( i v ) S o u t h e r n H i g h l a n d s Z o n e t h a t c o n s i s t s o f I r i n g a , M b e y a a n d R u k w a

regions ;(v) Western Zone tha t cons is t s of Kigoma, Tabora and Shinyanga regions ;(v i ) L ake Z o ne t ha t cons i s ts o f M wa nza , Ka ge ra and Ma ra r eg ion s ;(vi i ) Centra l Zone tha t cons is t of Dod om a and Singid a .

(d) n ine execut ive of ficers rep resent ing M inis t r ies , Gov ernm ent Depar tm ent andthe Local Government Authori t ies as fol lows-

(i) one member who shal l be appointed by the Minister ;( i i ) three members appointed by the Chief Secretary.

( i i i ) the Com missione r for La bou r;( iv ) the Chief Educat ion Officer;(v) one member from the Office of Public Service Management Gender Unit ;

( v i ) t h r ee member s who sha l l be appo in t ed by t he Min i s t e r r e spons ib l e fo rlocal government author i t i es ;

(e) teenty one members from the public services employees who shal l be electedas follows-

( i ) s even member s r ep resen t i ng t he pub l i c s e rv i ce employee f rom the r egions ;

( i i ) s e v e n m e m b e r s r e p r e s e n t i n g t h e p u b l i c s e r v i c e e m p l o y e e s f r o m t h eMinis t r ies and Government Depar tments ; and

( i i i ) seven members appointed by t rade union;2 . - ( 1 ) T h e m e m b e r s o f t h e M a s t e r W o r k e r s C o u n c i l o th e r t h a n t h e m e m b e r s Tenure of

appointed under sub paragraphs (a) and (d) (iii) and (iv) of paragraph 1, shall hold office officefor a period of three years from the date of appointment or election and shall be eligiblefor re-appointment or re-elect ion.

( 2 ) Th e m em be r of the M aster Wo rker Co unc i l sha ll cease to be a m em be r if-(a) his tenure of office has expired;(b) he ceases to be a public service employee;(c ) he is transferre d to a regio n falling w ithin a different zo ne ;( d ) h e f a il s t o a t te n d t o a t l e a s t t h r e e M a s t e r W o r k e r C o u n c i l s m e e t i n g s

consecutively.(3 ) In the case of the Master W orker C ouncil 's mem ber who is a mem ber by vir tue of

his holding some off ice h e shal l cease to be a me mb er upon cea sing to hold that off ice .


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3 . The Secretary and the Assistant Secretary of the Public Service Joint Staff Councilshall be the Secretary and Assistant Secretary of the Master Workers Council.

4 . Where a Master Worker Council member ceases to be a member in accordancewith the provisions of paragraph 3(2), and (3) his vacant position shall be filled with amember elected or appointed in accordance with the prescribed procedures and he shallperform his duties for the remaining period and he may be eligible for re-election, or asthe case may be, reappointment.

5. Eighteen members of the Master Workers Council shall constitute a quorum at anymeeting and all acts, matters or things to be done by the Master Workers Council shallbe decided by a simple majority of the members present.

6.(1) The Master Worker Council shall ordinarily meet at such times and places asit deems necessary for the transaction of its business but shall meet at least once in ayear.

(2) The Chairman, may at any time when necessary, call an extra ordinary meeting ofthe Master Worker Council.

SecretaryandAssistantSecretaryVacancy

Quorum

MeetingsoftheMasterWorkerCouncil

(3) The Chairman or in his absence, the Vice Chairman, shall preside over everymeeting of the Master Workers Council, and in the absence of both the Chairman andVice Chairman, members present shall appoint a member from amongst themselves topreside over the meeting.

7 . ( 1 ) The Master Worker Council may establish, in relation to a matter or mattersof a particular kind, such number of committees as may be necessary for the properdischarge of the functions of the Master Worker Council taking into account the MasterWorkers Council's needs and priorities.

(2) The Committee may co-opt as members of such committee any person who is nota member of the Master Worker Council to provide expertise to a matter or matters of aparticular kind.

8. Subject to the provisions of this Schedule, the Master Workers Council may makerules to regulate its own meetings.

Passed in the National Assembly on the 6thlNovember, 2003

Committees

MasterWorkerCouncil toregulate itsownproceedings

Clerk of the National Assembly

the public service (negotiating machinery), 2003

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