Training on process of dispute mediation, arbitration and challenges in Tanzania.

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.

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.