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Summary on working class condition and history of trade union LABOUR AND INDUSTRIAL R LATION !

IL"R D STANL # $ADINDA $S% &R$ %ANDIDAT $'U$B UNI( RSIT# )&ON * +,-./0,1- or +,0./-2212 3$AIL4 !illystanley1+5gmail4com

INTRODUCTION. This paper seek to discuss the socio-economic conditions of the working class incorporated with the history and the role of trade unions in Tan ania! the paper started with the definitions of trade unions! collecti"e #argaining and strike #efore mo"e and write down a short notes concerning the socio-economic standard of working class and show the e"olution of Tan ania trade unions in the light to that e$plained working class socio-economic then the paper went on and point out the roles of trade union in the country then ended up with the conclusion. %iterally! a trade union may #e referred to as a union&association composed of workers of the same or of se"eral allied trades. In other words! 'la#or union'! 'a craft union' or 'multi-craft union(! )industrial union'! '"ertical union'. The a#o"e position is reiterated #y the *mployment and %a#or Relations +ct ,*%R+- No. . of /001 which interprets trade union to mean any num#er of employees associated together for the purpose! whether #y itself or with other purposes! of regulating relations #etween employees and their employers or the employers' associations to which the employers #elong. This means! a trade union is an association of workers! with e$clusion of employers' association ,organi ation-. ,*%R+! /001+ 2strike3 is defined as a total or partial stoppage of work #y employees if the stoppage is to compel their employer! any other employer or an employer(s association to which the employer #elongs! to accept! modify or a#andon any demand that may form the su#4ect matter of a dispute of interest. 5owe"er! the right to strike as enshrined in the *%R+ is not an a#solute one #ut a restricted right ,*%R+! /001Collecti"e #argaining is the method of determining the terms of employment relationship6 collecti"e #argaining utili es the process of negotiation #etween representati"es of management and employees! and results in an agreement which may #e applied uniformly across a group of employee(s .The process of negotiating the terms of employment #etween an employer and a group of workers. The terms of employment are likely to include items such as conditions of employment! working conditions and other workplace rules! #ase pay! o"ertime pay! work hours! shift length! work holidays! sick lea"e! "acation time! retirement #enefits and health care #enefits. The working class socio-economic condition 7tarting #y tracing the working class of Tan ania it can seen that those class was small. It was a transient working class with a high proportion of migrant la#or although there has #een a fair degree of sta#ili ation of migrant la#or in the post-war years. 8ut certainly the working class remained essentially rural! the larger proportion #eing on the sites of plantations! largely unskilled either in the same rural occupation or in other spheres such as the docks where they remained unorgani ed. The Tan anian working class ne"er achie"ed a significant measure of independent organi ation. +nd it is independent organi ation which ultimately makes a class. The workers of Tan ania engaged #riefly in the struggle for their own organi ation in the early 9:;0(s


The trade unions which e"ol"ed #y 9:.9-9:./ were still continuing the same tra4ectory as they had in the anti-colonial struggle! i.e. a tra4ectory designed to ensure that workers were represented and that workers #uilt an independent organ of e$pression. 8ut #y 9:.1 this was completely halted #y an attempted army mutiny in which some of the trade union leaders were in"ol"ed. The go"ernment acted to "irtually put an end to independent trade union organi ation independent meaning independent of the state! independent of the leading party. +s a conse=uence! the working class su#se=uently has also #een competing for power through the dominant party! T+NU! and through the state. If the workers had retained an independent trade union organi ation! it is concei"a#le that we would ha"e seen them as the instrument of their own struggle The +rusha Declaration is a starting point of modern Tan ania de"elopment. This was a response to internal crisis! a response to the stagnation of the neo-colonial economy in Tan ania! and it really marked the failure of the hopes of the petty #ourgeoisie that international capital would ha"e entered their situation to strengthen the class in >a? particular kind of way then after the economic crisis in 9:.0(s the working class were dominated #y the +sians traders The impact of the +rusha Declaration and the mo"e towards social and towards state controls o"er production and distri#ution has #een to sharpen that contradiction #etween the commercial petty #ourgeoisie which was a particular ethnic grouping and the #ureaucratic petty #ourgeoisie. It has #een resol"ed in their fa"our in the sense that the +sians! for the most part! seem to ha"e decided that there is no further stake in *ast +frica6 their main concern has #een to try to li=uidate their capital! to try to get it out of the country! which they ha"e done in an infinite "ariety of ways The contradictions #etween workers and the #ureaucrats ha"e really come out in a "ery sharp form as the working class itself has ad"anced in its own clarity! partially as a result of the same policies which ha"e #een pursued #y the go"ernment. @ou see the am#i"alence of policiesA the elements within the petty #ourgeoisie ha"e allowed for the ela#oration of a certain theory of certain ideas within the Tan anian en"ironment! which ha"e further strengthened the Tan anian working class. +nd the Tan anian working class makes demands on the system in "ery enlightened terms. Not merely demands concerning increased wages ,those ha"e #een made and they are necessary to defend li"ing standards of the population-! #ut going #eyond that! workers ha"e in the last se"eral years in Tan ania #een making a num#er of "ery ad"anced demands concerning their role in the producti"e process and in the control of the produce process. let(s now see the history of trade union of Tan ania as we already saw how the working class ha"e struggle enough to impro"e their working and li"ing condition. The history of trade union in Tanzania. Pre-colonial period +t this period! there were no workers or employers' organisations as la#our relations or the two classes were either not in e$istence or e$isted in a nascent ,rudimentary- stage. In #rief! most of the pre-colonial communities in Tan ania! as Tulia ,/09/A9:9- put it! were classless characterised #y reciprocity and mutuality #etween mem#ers with neither wage labor nor B|<age

permanent and semi-permanent employees, save for domestic slaves at later stages of development Tan ania ,formerly Tanganyika and Can i#ar-! unlike any other *ast +frican country! suffered two successi"e colonial mastersA the Dermans! from 9EE1 to 9:9:! and the 8ritish! from 9:9: until the time of independence in 9:.9. Pre- independence era The first Tanganyikan trade union! the Fotor Dri"ers' Union! was founded in 9:/G. In 9:BG! +sian workers founded the +siatic %a#or Union! leading to the founding of numerous unions in the country. These early organi ations were not! howe"er! in"ol"ed in many industrial conflicts! their primary acti"ity #eing the organi ing of mutual help among its mem#ers. The roots of the modern Tan anian la#or mo"ement reach #ack to the 9:10s. 8y 9:1G! fi"e unions had #een registered with the authorities. The colonial go"ernment reacted to the creation of unions in Tan ania #y enacting laws which allowed it to keep ta#s on the mo"ement for e$ample! the registration of unions #ecome o#ligatory. Nonetheless! the la#or mo"ement grew! #y 9:;. there were /B organi ations with a total of nearly 9B!000 mem#ers. In 9:;;! se"enteen trade unions finally merged to create the Tanganyika Hederation of %a#or ,TH%-. Its original two main o#4ecti"es were to gain more mem#ers and to a#sor# smaller unions. During the country's fight for independence! the TH% colla#orated with the Tanganyika +frican National Union ,T+NU-! a party founded in 9:;1! in its fight for the nation's independence from the United Iingdom achie"ing this goal in 9:.9. Then Tanganyika Hederation of %a#or ,TH%- was formed in 9:;;! when the colonial go"ernment recogni ed the e$istence of trade unions! their registration and regulation. +s in other colonies! trade unions in Tanganyika were strictly regulated #y colonial political economics. 8y 9:.G! the Tan anian go"ernment reali ed that the inherited 8ritish economy model was not compati#le with Tan anian society and declared Tanganyika a socialist state! and aligning trade unions to the socialist means of production. Trade Unions under Socialism National Union of Tanganyika Workers (NUTAThe National Union of Tanganyika Jorkers ,NUT+- #ecame the only trade union in Tanganyika and was affiliated to the ruling political party! Tanganyika +frican National Union ,T+NU-6 it therefore functioned as an arm of the ruling political party! commonly referred to as transmission #elt! or an 2economic de"elopment oriented&state institution3. One of NUT+(s o#4ecti"es was 2to promote the policies of T+NU and to encourage its mem#ers to 4oin >T+NU? ,<ratt! 9:G.6 Rweka a! 9:::-. This approach to organi ing a trade union was unaccepta#le as it contra"ened the International %a#or Organi ation(s ,I%O- principle which stipulates thatA 2go"ernments should not attempt to transform trade unions into instruments for pursuance of political aims3 ,I%O! 9::1A ;:-. 1|<age

Under the pro"isions of the NUT+! if an employee remained out of the trade union after two months of employment! the employer had the right to terminate his employment ,Fihyo! 9:G:A G16 Rweka a! 9:::-. This pro"ision curtailed the fundamental freedom of association as it reinforced compulsory association aimed at #oosting union mem#ership! an infringement of the workers( rights to esta#lish and 4oin organi ations of their own choice ,I%O! 9::1A 19-. The NUT+ Deneral Council was #arred from sanctioning or proposing strike action in respect of any la#or dispute without e$hausti"e procedures stipulated #y the Trade Disputes ,7ettlement+ct of 9:./. This prohi#ition is incompati#le with I%O con"ention No. EG. Outlawing strikes and the imposition of the compulsory statutory ar#itration "irtually a#olished the right to free collecti"e #argaining ,Rweka a! 9:::-. Conse=uently! NUT+ was not allowed to negotiate for conditions of employment for their mem#ers! although it was allowed to ad"ise the go"ernment on wages policies and other issues relating to workers ,Fihyo! 9:G:-. Jumuia ya Wafanya kazi Tanzania (JUWATA) In 9:G: the go"ernment declared the United Repu#lic of Tan ania following the merger of mainland Tanganyika and the islands of Can i#ar and <em#a. The NUT+ was replaced #y KUJ+T+ ,KUmuia ya Jafanya ka i Tan ania! or Jorkers( Fass Organi ation- for the newly formed political party Chama Cha Fapindu i ,CCF!or Re"olutionary <arty- and #ecame the sole trade union in Tan ania! taking care of all la#or matters. In 9:E: KUJ+T+ held elections! and the newly elected office #earers tried to de-link the trade union from party domination! super"ision and control ,Rweka a! 9:::-. KUJ+T+ was granted relati"e autonomy with the adoption of political pluralism and the su#se=uent multiparty system in 9::0.Organisation of Tan ania Trade Unions ,OTTUKUJ+T+ was replaced #y the Organi ation of Tan ania Trade Unions ,OTTU-! esta#lished under the Organi ation of Tan ania Trade Union +ct ,9::9- as the sole trade union representing all workers in Tan ania. The main o#4ecti"e of OTTU legislation was to free workers( unions from the go"ernment. This led to the reesta#lishment of one- industry-one-trade union! leading to the esta#lishment of the Tan ania Railway +ssociation of Jorkers Union ,TR+JU- which co"ered Tan ania Cam#ia Railway workers. Conse=uently! 9::/ marked the #eginning of the collecti"e #argaining process in the Tan ania Region of the Tan ania Cam#ia Railway +uthority. The 9::; elections pa"ed the way for the esta#lishment of the Trade Unions +ct ,9::E- and the *mployment and %a#or Relations +ct ,/001-! realigning Tan ania trade unions to free trade unionism. Trade Union Act In 9::E! the Trade Union +ct No. 90 made trade unions independent of the go"ernment. This mo"e was mostly supported #y the unions! although some aspects of it were critici ed! especially the e$tent of the powers of the Registrar of Trade Unions. The act allows any twenty ;|<age

workers to found a trade union and any two unions to create a national center. The Registrar! which is responsi#le for administrating the pro"isions of the act may! howe"er! cancel or refuse the registration of a union. The act does not apply to Can i#ar and <em#a. These islands ha"e a similar law! which allows unions to #e formed and registered with the Registrar of Trade Unions at Can i#ar. In general the restrictions on the la#or mo"ement on the island are much stricter than on the mainland. Hor e$ample! workers are legally prohi#ited from striking. TUCTA and ATUC In /000! the Trade Union Congress of Tan ania ,TUCT+- was founded as a new um#rella organi ation for the unions of the country. The main difference #etween it and its predecessor is that the TUCT+ co"ers only mainland Tan ania! the Can i#ar Trade Union Congress #eing responsi#le for Can i#ar. Therefore! in Tan ania Fainland ,as per the *%R+ and the Constitution-! all employees in the pri"ate and pu#lic sectors ha"e the right to form or 4oin trade unions and to #argain collecti"ely! e$cept for mem#ers of the Tan anian <eople's Defence Horces! the <olice Horce! the <risons 7er"ice! and National 7er"ice. This trend of according wider autonomy to trade unions has #een seen as a way of #ursting trade unionism! whereas the law allows multiplicity of trade unions and federations. It is #elie"ed that some of the trade unions e$isting today in Tan ania ha"e #een pioneered or under the sponsorship of either the go"ernment or employers for the purposes of weakening #argaining power or unity among workers. +ll in all! the Do"ernment has now #een assigned a new role! under the law! of #alancing interests of employers on one hand! and those of workers! on the other. The role of trade unions in Tanzania Political role In many instances! trade unions were esta#lished in the Tan ania #efore the ad"ent of political parties which e"ol"ed from the trade unions. This resulted in a close ne$us #etween the two institutions which were often organically linked. In the early stages of their de"elopment! some trade unions functioned as rate payers institutions! increasing the wages of mem#ers who were then a#le to #ecome electors #y reaching the re=uired franchise =ualifications. The "ote of trade union mem#ers was important in assisting la#our leaders to #ecome mem#ers of the political elite. In e"ery country in the region! at some time or another! trade union leaders #ecame politicians. Trade unions were a#le! through their leadership! to lo##y for significant social and la#our legislation to #e placed on the statute #ooks. In addition! they were a#le to ensure that consolidated funds pro"ided for the impro"ement of the infrastructure! so that roads! housing and sanitation facilities were a"aila#le in areas that were depressed i.e During the country's fight for independence! the TH% colla#orated with the Tanganyika +frican National Union ,T+NU!arket role


The market or economic role of trade unions is no dou#t the dominant role practised #y Tan ania trade unions. *$clusi"e! collecti"e #argaining trade unions negotiate wages and salaries! helping to distri#ute the "alue added in the #usiness firm and increasing the spending power of their mem#ers in the economy. In societies where the ma4ority of people are wage or salary earners! the role of the trade union in regulating the local economy is e$tremely important. %a#or costs are an important consideration in determining the a#ility of locally-produced goods and ser"ices to compete against any e$ternally produced items. "egulatory role The early craft union has as one of its #asic functions the regulation of apprenticeship and setting of standards of work re=uired of 4ourneymen and master craftsmen! and linking this to pay. Trade unions are still influential in determining and esta#lishing 4o# standards in the workplace. Increasingly! management has sought to regain control of the workplace and to determine unilaterally! matters relating to the nature of 4o#s and other working conditions. *"en at the international le"el! employers are claiming that workplace standards! in keeping with I%O Con"entions and Recommendations! are pro"ing onerous and difficult to maintain. There is an increasing trend towards attempts at rolling #ack many of the gains achie"ed #y trade unions. The strength of the trade union at the workplace le"el determines its a#ility to perform its 4o# regulation function. 7trong trade unions ha"e entered into arrangements where the power of management has to #e shared with the union at the workplace. Kointly agreed procedures for dealing with ma4or issues in the workplace e.g. grie"ances! discipline! 4o# e"aluation! redundancy! work changes! safety and health! along with the right to negotiate terms and conditions through collecti"e #argaining! pro"ide the sound #asis for unions to perform regulatory functions. There are num#ers of I%O con"ersions which now the Tan ania Repu#lic compiles with them. Larious pro#lems such as poor working conditions! low wages&salaries and policies those are unfriendly to workers Continue to affect workers in Tan ania. Hor instance! workers ha"e always #een #laming in"estment policies as they are said to grant more latitude to foreign in"estors while neglecting workers( welfare. The conflict within Tan ania Railways %imited ,TR%- #etween the workers and the management was said to #e #uilt on these premises with the e$istence of these pro#lems! trade unions were e$pected to #e more politically acti"e especially at policy making stage so as to make sure that such pro#lems are effecti"ely dealt with #y the respecti"e authorities! #ut they instead remain politically weak. It is on this #asis that the ne$t section of this paper identifies and discusses "arious factors that account for this state of affair. #emocratizing role The trade union(s rank and file are pro"ided with the opportunity of electing their stewards! committees of management! and through the delegate system! their e$ecuti"es and other leaders. The process of preparation for collecti"e #argaining also encourages worker G|<age

participation. Trade unions are fertile institutions for the furtherance of participatory democracy! for the freedom of assem#ly! the right to speak freely and the right to e$ercise choice. Traditionally the separation #etween capital and la#or has created a situation where it has #een accepted that management is im#ued with the right to manage! which is interpreted to mean that workers are mere resources to #e manipulated like any other resource. <aternalistic! autocratic and top- down management has #een characteristic of the social relations in the workplace. Indeed! there is a notion that the plantation has created the model of relations for other workplaces in the Tan ania. Hor trade unions to e$ert more pressure to the political system! certain features ha"e to #e in place one of which is the e$istence of internal democracy. 8wana as =uoted #y Fpangala ,/00.A1- proposes that in order for ci"il society organi ations to play a significant role in politics! they must #e democratic so as to ha"e social and political legitimacy of influencing the political system. Trade unions in Tan ania ha"e #een to a great e$tent characteri ed #y democratic elements such as participation and competition as these are pro"ided for in the unions( constitutions and adhered to #y the trade unionists! independent of controls from any political party. Hor instance! section ..9.9 of Tan ania Union of Industrial and Commercial Jorkers ,TUICO- constitution and section 1G ,9--,h-! ,i- and ,4- of the *mployment and %a#or Relations +ct pro"ide for democratic unions( democratic structures. Despite the presence of democratic structures within the unions! trade unions remain politically inacti"e. Ser$ice role Trade unions attempt to de"elop ser"ices which are "alua#le to their mem#ers as indi"iduals! outside of the scope of collecti"e #argaining. In the early stages! this took the form of mutual assistance! #ut with the onset of the welfare state! with pro"isions for national insurance and similar schemes! this demand has a#ated. @et trade unions ha"e recogni ed the need to e$pand their role in assisting their mem#ers in a "ariety of areas! and so ha"e undertaken a num#er of non-traditional "entures on #ehalf of their mem#ers. 7ome of the most successful cooperati"e organi ations! particularly credit unions in the Tan ania! ha"e #een de"eloped #y trade unions on #ehalf of their mem#ers. Trade unions ha"e also de"eloped housing land-lease schemes! transport and ser"ice stations! #anks! launder mats! cinemas! stores! insurance programmes and other schemes for the #enefit of mem#ers. One of the ma4or matters agitating the concern of some trade unions is the issue of pension funds! contri#uted #y mem#ers. In many instances! trade unions negotiate pensions for workers. Contri#utions are collected and managed #y professional firms which #ecome e$tremely wealthy. Trade unions are #ecoming aware that they should de"elop the e$pertise to manage such funds on #ehalf of their mem#ers. %nhancement role Trade unions pro"ide the opportunity for workers to de"elop pride in themsel"es! to reach positions of leadership and to e$cel! where without this "ehicle of mo#ility! many would ha"e had a stultified e$istence. Fany persons who ha"e mo"ed on to management and other leadership roles can testify to their #eginnings as shop stewards who were gi"en #asic training E|<age

and opportunity for leadership in the la#our mo"ement. Trade unions can de"elop as multi-issue! multi-functional organi ations catering to the wide interest of their mem#ers. Thus! for those di"erse interests! trade unions can pro"ide organi ational support to enhance their effecti"eness. Droups such as the youth! women! and the elderly can #e gi"en the opportunity to de"elop themsel"es through programmes which cater to their needs. The role of trade union education is critical to helping mem#ers to de"elop their potential. &elfare role some trade unions ha"e acti"ely engaged in pro"iding welfare ser"ices for mem#ers and e"en for the wider community. This takes "arious forms including the employment of those who ha"e disa#ilities! as an e$ample to the wider community! the pro"ision of family ser"ices including #a#y crMches! child care centre(s and old people(s homes! as well as play and recreational centre(s in depressed areas. The reality is that trade union functions ha"e de"eloped out of historical circumstances. In some situations! trade unions function within the narrow #usiness union function! limiting their inter"entions to their market and 4o# regulation aspects. In other areas! trade unions are multiissue and multifunctional institutions! conforming more to the idea of the trade union as #eing part of a mo"ement. In some instances! trade unions transcend the representation of their mem#ership and reach out on #ehalf of non-mem#ers! including the unemployed! the disa#led and others who need their assistance in the wider community. Trade unions ha"e protecting workers' economic rights as their main responsi#ility. They ha"e! inter alia! to make sure that workers are paid reasona#ly in a workers-friendly working en"ironment. It is howe"er not canonical those trade unions should only stick to this role especially under a circumstance where pu#lic policies are silent a#out workers interests. In this conte$t! a political role is inescapa#le as these unions ha"e to go #eyond economist and struggle to democrati e the state. This paper therefore looks at whether the reintroduction of li#eral politics has impro"ed trade unions( a#ility to influence the state #y making it more concerned a#out workers rights. +s well as strikes is there to ensure that those "oice of people who cannot speak loud can find the channel the *%R+!/001 stipulates clearly the conditions for strike ensuring it is among the way to pursue the workers( rights. It is clearly that Trade unions! collecti"e #argaining and strikes are not lu$ury which de"eloped nations can ill-afford! the working force of de"elopment in these countries is essentially the peasantry. Trade Unions! which defend only workers interest ine"ita#ly! degenerate into fighting for and securing pri"ileges( for the working class at the e$pense of the nation as whole3

R*H*R*NC*7. +n +pril 9:G; lecture at North-Jestern Uni"ersity! pu#lished in The State in Tanzania A Selection of Articles! 5arou# Othman! ed. Dar es 7alaamA Dar es 7alaam Uni"ersity <ress! :|<age

9:E0! 9E-19.3class contradictions in Tan ania3 copyright Dar es salaam uni"ersity press! 9:G; pu#lished 9:E0. *dwin 8a#eiya3Trade Unions and Democrati ation in Tan aniaA *nd of an *raN3Department of <olitical 7cience and <u#lic +dministration!Dar es 7alaam Uni"ersity College of *ducation ,DUC*- Uni"ersity of Dar es 7alaam !Lol. 1! No. 96 Farch /099 Fihyo! <.8. ,9:G1- %a#our unrest and the =uest for workers' control in Tan ania! *astern +frica %aw Re"iew! Lol. GA91 O 9;. Fihyo! <.8. ,9:G:- Industrial Relations in Tan ania. In Ukandi D. Damachi! Industrial Relations in +frica. Facmillan <ress %td! %ondon. Rweka a! 7.F.,9:::- Trade Unions in Tanzania The !ase of Tanzania "ederation of Trade Unions (T"TU# ,Ci"il 7ociety and Do"ernance <rogramme-. Dar es 7alaamA Uni"ersity of Dar es 7alaam. 7hi"4i! I.D. ,9:EB- Jorking Class 7truggles and Organisation in Tan ania! 9:B:-9:G;. Fawa o! Lol.; No. /. 7hi"4i! I.D. ,9:E.- %aw! 7tate and the Jorking Class in Tan ania. Kames Currey %td.! %ondon. 7tatutes. *mployment and la#or relations act! /001 %a#or institutional act! /001 The organi ation of Tan ania trade unions act! 9::9 Trade union act! 9::E 'nternet source httpA&&""e-#argaining.asp 5ttp6 &&$.php&4pl&article&download&:;:G&.E:0 httpA&&archi""olEno9&ae4p00E00900..pdf httpA&& ania

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