Procedures and guidelines of labor inspection

1.0 Introduction On this academic work the following will be discussed; the key terms of the question, importance of compliance, procedures for labor inspection, guidelines for labor inspection, obligation for inspectors, recommendation and conclusion of this work. 2.0 Definition of the key terms 2.1 Labor law mediates the relationship between workers, employing entities, trade unions and the government. Tanzania overhauled its employment and labor laws in 2004 when it enacted the Employment and Labor Relations Act, Act No. 6 of 2004 (“the Employment Act”) and the Labor Institutions Act, Act No. 7 of 2004 (“Labor Institutions Act”). 2.3 Labour inspection is a public function of labour administration that ensures the application of labour legislation in the workplace. Its main role is to convince the social partners of the need to observe the law at the workplace and their mutual interest in this regard, through preventive, educational and, where necessary, enforcement measures. (Act no 6 of 2004). Labor compliance is a monitoring and enforcement of the payment of prevailing wages on public works construction projects. This is done between the employee and employer for such an agreement on the working conditions and the payment on that work. The labour officer shall serve the compliance order on the employer, any registered trade union with members among the employees affected by the order and each on the employee affected by it. The Labour Court has been consistent in enforcing the rule that all labour disputes must first be referred to the Labour Commission for Mediation and Arbitration CMA for arbitration. In the case of Hector Sequeiraa v. Serengeti Breweries Ltd, High Court of Tanzania, Labour Division, Labour Complaint No. 20 of 2009, the Labour Court dismissed as “incompetent” a labour complaint which was filed directly in the Court without first pursuing mandatory CMA mediation. Indeed, the significance of mediation cannot be ignored. There is an increasing trend by employers to settle labour disputes during CMA mediation especially where the employer’s case is apparently weaker. 3.0 Beginning of labor inspection and labor inspection in Tanzania Labour legislation is a consequence of the industrial revolution that began in Europe at the end of the eighteenth century and continued throughout the nineteenth The earliest national legislation for improving working conditions dates from 1802 when the British parliament passed an “Act to preserve the morals of apprentices”, where “morals” were defined in terms of safety, health and welfare, and the “apprentices” were child workers. Part XIII of the Treaty of Versailles, which was to become the Constitution of the ILO, declared that an improvement of conditions of labour was urgently required and stressed that the failure of any nation to adopt humane conditions of labour was an obstacle in the way of other nations which desired to improve the labor conditions in their own countries Tanzania overhauled its employment and labour laws in 2004 when it enacted the Employment and Labour Relations Act, Act No. 6 of 2004 (“the Employment Act”) and the Labour Institutions Act, Act No. 7 of 2004 (“Labour Institutions Act”). Whereas the Employment Act provides for labour standards, rights and duties, the Labour Institutions Act constitutes the governmental organs charged with the task of administering the labour laws. Subsequently, in 2007 several pieces of subsidiary legislation were promulgated to facilitate the enforcement of labour rights and standards stipulated in the Employment Act. One of the most significant of these is the Employment and Labour Relations (Code of Good Practice) Rules, G.N. No. 42 of 2007. Indeed, the new laws further enact employment and labour standards which, by and large, conform to the labour standards set by the International Labour Organization (ILO). Effective national systems of labour administration and inspection are vital for good governance and economic progress. They contribute to improving working conditions and towards making decent work a reality. They also enhance employment and productivity, contributing to sustainable economic development. This audit of Tanzania’s labour administration and inspection services was carried out in the context of the ILO‟s project, Improving Labour Law Compliance in the United Republic of Tanzania (URT/08/03/USA), which is a project supported by the United States Department of Labour over a three-year period (2009-2012). The audit covered both mainland Tanzania and Zanzibar, which have separate labour ministries, inspectorates and labour legislation In mainland Tanzania, the Government has undertaken a comprehensive reform of the labour laws and regulations relating to various aspects of employment and labour relations. The labour law reform process was supported by the ILO and culminated in the enactment of a number of new laws, including: the occupational Health and Safety (Act, 2003) the Employment and Labour Relations (Act, 2004), the Labour Institutions (Act, 2004) Workmen’s Compensation (Act, 2008) and Social Security (Regulatory Authority) Act, 2008. 4.0 Importance of labor compliance 4.1 Protection of employee, the employee the servant is expected to perform his duties under the supervision and for the good of employer, the master under this type of work relationship. However employers if left in checked sometimes abuse their powers. Employment laws such as the fair labour standard act (FLSA) and the age discrimination in employment act are designed to balance out the master servant relationship so that employer cannot abuse or discriminate against the employees (protection from radiation Act; CAP 188). 4.2 Protection of employers, the opportunity to engage in commerce that could result in profits, thus some labour laws seek to protect the rights of employers. For instances, employers don’t have to hire someone they don’t feel his qualified, and it in within the employer’s rights to expect that employees show up on time and perform the duties for they were hired. These laws ultimately protect the employer’s productivity and therefore, profits as well the ability to remain competitive in the market place (protection from radiation Act; CAP 188). 4.3 Economic stability, because labour law preserve the rights of employers to profit and right of employee to compensation that can spent and invested, labour laws are crucial to a healthy economy. Periods of economic growth reflect healthy businesses with employees who are earning enough to participate as a consumers. Changes in employment laws, as well as laws on operating procedures in its industries, often happen during periods of economic recession (The environmental management Act CAP 191). Dual protection, labour laws offer some dual protection to both employers and employees. For stance, labour regulations dictate to some degree how employees should interact with others employees, as well as how employees and employers should interact. This can eliminate conflicts that prove stressful to everyone involved. Compliance with labour laws is financially beneficial to both employees and employers. If an employer is compliant, for stance he avoids fine stemming from not following the law, as well as potential lawsuits. Similarly, adherence to labour laws mean the employees are properly compensated for the work they do and, in many instances, receives benefits such as reduced medical expenses. 5.0 Procedures 5.1 Preparation for inspection, the inspection team reviews information available on the work place to be inspected, identifies and prepares the equipment and materials to be used regarding the nature of inspection, inspection forms, protective equipments and expertise needed. Preparation is quietly fundamental and important around the workplace since it can promote influence and efforts among the workers around the job place as the aim of accomplishing and reaching the given institutional objectives. 5.2 Initial contact, the key issue at this stage includes timing of inspections, concert between inspectors and employers and other inspections. This protocol including the procedures in case the employers refused to be inspected. Therefore the inspector is regarded to make the initial contact and the people or organization that needed to be inspected to prepare effectively without making any mistake so that to make sure that everything is going right and also to create a good relation with the inspector who inspect the organization or the management of the given areas 5.3 Briefing meeting before inspections; in this stage the inspector provides explanation on the purpose and scope of inspections, employers responsibilities, right of occupation surface and health authority (OSHA) representatives, procedures for work around inspections and other necessary information include verification of compliance issues. 5.4 Walk around; at this stage based on inspection scope the inspector collect evidence based on various methodologies including interviewing number of workers, document reviews, observation and taking of photography. This step is always done for the purpose of approving the validity and employment in the job place as the result of abolishing the bad codes of conduct of work such as dishonesty, misuse of public offices and corruption and creating the work compliance among the management and the employees in labour institution. 5.5 Briefing after inspection, at this stage the inspector inform the employer on the results of inspections. In case violation are observed the inspector may use improvement or prohibition notes or compounding offenses. 5.6 Reporting of inspection; after the inspection the inspector is required to produce a comprehensive inspection report which should be submitted to the chief inspector and the employer. 5.7 A return visit by inspectors; may be done at any time for the purpose of checking whether corrective measures were taken to rectify the situation and that employee are protected in case of no action taken by employers the inspector may issue prohibitions or compounding offenses for each citation concerned or report to the zone manager. 6.0 Guidelines 6.1 Collective agreement; in case of recruitment in any public or private department there must be collective agreement, the Agreement are well banded in constitution acts where labor laws (2004), with its employment and labor relation institution act no7 of 2004. (Labour constitution act) are well considered, this act are intentionally negotiating employee and employer in the job context .Those act provide standards right and duties of an employee and employer on his or her duties. The employment act compressively regulate the hour of an employee, the ordinary days of work are set at six days in a work, further the ordinary hours of the work a set at 45 hours in a week, at 9 hours in a work day, inclusive of 1 hour per work day. An employee can required to work overtime hour only were the party have concluded an agreement to the effect. The employment act further, enact the detailed guidelines for the calculation of wages of an employee who is entitled for hourly, daily, weekly or monthly wage rate. The payment of the remunerations to an employee must be inform of money, not in kind. The expectations here is there the, deduction is per mitted by written law, collective agreement wage determination, court order and arbitration award. Then from those legal acts is where an employee and employer find their room for complaining or demand each other according to their agreement 6.2 Labor tribunal; is statutory body established for the purpose of hearing complaints for employees including unfair dismissal crimes and the tribunal is confined by the laws to maximum compensations payout, linked to the lengths of time an employee has spent with a company. Tanzania overhauled its employment and labor laws in 2004 when it enacted the Employment and Labor Relations Act, Act No. 6 of 2004 (“the Employment Act”) and the Labor Institutions Act, Act No. 7 of 2004 (“Labor Institutions Act”). Whereas the Employment Act provides for labor standards, rights and duties, the Labor Institutions Act constitutes the governmental organs charged with the task of administering the labor laws. The first step is that the dispute must first be referred to the Labor Commission for Mediation and Arbitration The Employment Act further enacts detailed guidelines for the calculation of wages of an employee who is entitled to hourly, daily, weekly and monthly wage rates. The payment of remuneration to an employee must be in the form of money; not in kind. As a general rule, an employer is not entitled to make any deductions from an employee’s remuneration. 6.3 Wage determination, The Employment Act further enacts detailed guidelines for the calculation of wages of an employee who is entitled to hourly, daily, weekly and monthly wage rates. The payment of remuneration to an employee must be in the form of money; not in kind. As a general rule, an employer is not entitled to make any deductions from an employee’s remuneration. Is process of improving, determining and identifying the wage and salary earned by each employee or worker within the organization around the work place? The wage determination is very important tool among the procedures and guidelines along the labor inspection since it promotes motivation and commitment among the workers around the workplace. Also this procedure can ensure the compliance among the workers therefore the labour inspector and the ministry responsible that department should ensure the rise and promotion of enough wage and allowance to the workers for the purpose of promoting labour compliance as well as accomplishing the objectives of responsible departmental organization Therefore the wage determination is regarded as guideline and procedure which is firstly considered by inspector just because it can support the labor compliance as well as the objectives of the department concerned, for stance all employees are being employed and assigned to task for both individual and departmental organizational objectives. Thus they are employed to perform their duties for salary and wage earning and accomplishment of objective of the organization. (Geneva, 2000). 6.4 Legal registration; this means that when the labor should follow rules and regulation which guide the employees in the organization. During labor inspection is direct to administrative institution which supervised by the responsible ministry. Legal registration is done whether the employees have qualified experience; Labor inspection is done through tests in particularly important for insuring the safety and reliability of lifting appliance and lifting gears. 7.0 Obligations of labour inspectors 7.1 Integrity, Independence and Impartiality: Inspectors are prohibited from having any direct or indirect interest in the undertakings under their supervision. In most countries, this prohibition is set out in the conditions of service of the civil servants and in special provisions. The status of public officials confers independence to labour inspectors, which must be complete in respect to both changes of government and improper external influences. The independence and impartiality of the inspectors are essential conditions if the two parties, employers and workers, are to have full confidence in their objectivity and neutrality when they are applying the law. Inspectors have to adopt the highest standards of professional integrity, including a set of values and principles that guide their actions including trustworthiness, honesty and courtesy. Their conditions of service should be such that they are protected from any kind of corruption. This implies a prohibition of accepting gifts or services from employers or workers. Integrity guarantees the credibility of public inspectors and their actions and decisions. 7.2 Professional secrecy: Inspectors may not reveal, even after leaving the service, any manufacturing or commercial secrets or working processes, which may come to their knowledge in the course of their duties. Inspectors are generally bound to secrecy because of their status as civil servants, in accordance with the legal provisions applicable to the civil service. This obligation is often included in the written undertaking that they have to sign or the oath that they have to swear on taking up their duties. They undertake to observe secrecy, not only for the period of their employment, but also for life. Normally, in the event of a breach of professional Secrecy, inspectors are liable to disciplinary penalties in force in their public service, without prejudice to civil or penal penalties. 7.3 Confidentiality regarding the source of complaint: Inspectors have to treat as absolutely confidential, the source of any complaint and shall give no intimation to the employer or his representative that an inspection visit was made in consequence of the receipt of such a complaint. This obligation arises from the dual concern to protect workers who have made complaints and to render the inspector’s work more effective. If this duty was not respected, workers would be reluctant to report infringements for fear of possible reprisals from employers. 7.4 Professionalism and Competency: A high standard of professionalism is required in labour inspection. Employers and workers take advice and turn to labour Labour inspectors are supervisors, advisors and enforcement agents, with an overall mission of guidance for improving both working conditions and productivity in the workplace. Inspectors only if the latter are perceived as a professional and competent body from which they can 8.0 Generally, labor inspection and labor compliance are going hand to hand as both deal with the equality of both employee and employer in the organization. Visits to workplaces are an essential part of inspection and the principal places where inspectors perform their activities are the places where the work is being carried out: enterprises, worksites and offices. Although law enforcement is based essentially on visits to workplaces, the visits are not an end themselves, but rather the means by which the inspectorate can fulfill its main task and ensure that the legal provisions are applied. The principal aim of the visits is to establish, through observation of the premises, examinations of the records kept by the management of the workplace and talks with the head of the workplace and the representatives of workers, whether the labour legislation is applied and, if not, to ensure that it is. An efficient and effective labor inspectorate should be well funded, well-staffed, and well organized. The need to strengthen inspection systems has become more obvious in recent years. Labour inspection provides a comprehensive solution to a wide variety of the problems that have arisen in response to globalization. A strong role for labor administration, combined with socially responsible enterprises and sound industrial relations could be a win-win strategy for promoting sustainable development. An efficient and effective labor inspection system ensures both workers’ welfare and improved financial results through higher productivity. REFERRENCES ILO Approaches to labor inspection in forestry: Problems and solutions (Geneva, 2000) Ministry of labour and employment (MOLE) (Tanzania).Occupation health and safety policy, 2009. Dar es Salaam Tanzania The United Republic of Tanzania, (Tanzania). The occupation health and safety Act, 2003 Dar es Salaam Tanzania International Labour Organization, (Tanzania). 2010.’’ Decent Work Country Profile” Tanzania (Mainland).