CMNT_TITLE

Article 11. Preferential treatment of wage claims. The Committee notes the Government’s explanation that the rationale behind the 26-week limit is nothing else than prioritizing payment of an employee’s wage. It notes, in particular, that in the course of labour inspection and labour law seminars, employers are strongly advised to this effect and that the treatment of unpaid wages as privileged debts is basically a matter of practice. The Committee would be grateful if the Government would indicate the rank of privilege granted to workers’ wage claims (e.g. absolute or relative priority vis-à-vis other privileged creditors, in particular, claims of tax authorities or of the social security system), and specify any relevant provisions of the bankruptcy legislation.

Articles 14 and 15(d). Keeping workers informed of wage conditions and maintenance of wage records. The Committee notes that the ministerial regulations referred to in section 98(2) of the Employment and Labour Relations Act, 2004 concerning the form and content of written particulars of employment to be given to employees and the keeping of books and records have been issued. The Committee would appreciate receiving a copy of these regulations.

Application of the Convention in Zanzibar. In the absence of any concrete reply on this point, the Committee is obliged to reiterate its request for detailed information on implementing legislation currently in force in Zanzibar. The Committee understands that a labour law reform has been under consideration in Zanzibar since 2005, especially with the aim of boosting employment opportunities for the local population in the tourism and banking sectors. It accordingly requests the Government to provide full particulars regarding the process of labour law reform in Zanzibar and to transmit a copy of the new labour legislation once it is adopted.

Part V of the report form. The Committee notes that the Government has not supplied any information of a practical nature on the application of the Convention for a considerable number of years. It would therefore thank the Government for providing general information on the manner in which the Convention is applied in practice, including for instance the approximate number of workers subject to the relevant legislation, extracts from labour inspection reports showing the number of wage-related offences reported and sanctions imposed, copies of any collective agreements containing clauses on pay conditions, information on any difficulties experienced with regard to the timely payment of wages in the private or public sector, etc.