TRIPARTITE AND BIPERTITE INSTITUTION

Paul et al; (2005), argued that; “bipartite refer to the social dialogue directly between workers’ and employers’ organization encompasses the institutions of collective bargaining, the resolution of disputes and strikes, and the modes of labor-management cooperation.”

Turnbull (2005), argued that; “Bipartite social dialogue is a problem solving process that involves the negotiation between the social partners (employers and trade union organisation).”

Bipartite is the formal and/or informal cooperation between employers’ organisation and trade union shared strategies or common action for handling labour matters at industry level (Voughan, 2003)

Generally; the bipartite social dialogue refers to the consultations between employers' and trade-union organizations at enterprises level consisting of formal consultations, exchanges of view and negotiations on issues of common interests. Bilateral social dialogue can take place either on a cross-industry or sectoral basis.

Tripartite social dialogue means three way interactions among government, employers’ organisation and workers’ representatives in formulating or implementing labour, social, or economic policy (Trebilcock et al; 1994)

Voughan, (2003), Tripartite social dialogue refers to the negotiation at national level involves the government, employers’ association and trade union over economic and social issue (like the two annual income policy sessions).

Generally; tripartite social dialogue refers to the negotiations and consultations on social issues, taking place at nation level involving the government, the employers (or their organizations) and the workers’ organizations.

Social dialogue is a mechanism which does not simply exist in a vacuum. Its efficiency depends on a number of objective and subjective factors, both external and internal. Today social dialogue at the national level has become an important component of good governance in many countries worldwide.

The following are the structures of Labour Institutions in Tanzania which operate its duty under are tripartite system (form) of social dialogue;

Labour, Economic And Social Council (LESCO) is tripartite institution established by the government under the Labour Institutions Act (No. 7 of 2004) to advise the government through the ministry on any of the following matters; measures to promote economic growth and social equality, economic and social policy, any significant changes to social and economic policy before it is submitted to cabinet, the promotion of a coordinated policy on labour, economic and social matters. Also it is to advice the minister on national labour markets policy; any proposed labour law before it is submitted to cabinet (Labour Institution Act, number 7 of 2004)

The Labour Economic and Social Council (LESCO) is tripartite institution due to its structure explained in all section 4 of Labour Institution Act, (No. 7 of 2004. It is stated that; the council consist a chair person who shall not be a member, official or office bearer of a trade union, employers association or federation or an employee in the public service of the government of the United Republic.

Furthermore; LESCO consist sixteen other members, comprising the permanent secretary and three other members to represent the interests of government, four members to represent the interest of employers, four members to represent the interest of employees and four members appointed because of their expertise in Labour, Economy and Social Policy formulation (Labour Institution Act, 2004 section 4(1)(a) (i)-(ii) and 4(1)(b)(i)-(iv)).

Commission for Mediation and Arbitration; This is tripartite commission established under section 12 of Labour Institution Act (No. 7 of 2004). In this section, the Act state that; “there is here by establishment a Commission for Mediation and Arbitration (CMA)

The commission for Mediation is tripartite institution due to its organisation structure explained in section 16(1) (a) (i)-(ii) and (1) (b) of Labour Institution Act, 2004. It stated that; “the commission shall consist of a chair person appointed by the president from a list of three person recommended by the council. A chairperson   shall not be a member, official or office bearer of trade union, employers association or federation or an employee in the public services.

The commission also consists of two commissioners proposed by members of the council representing the interests of employees; two commissioners proposed by members of the council representing the interests of employers and two commissioners representing the interest of the government.

The functions of the commission is to mediate any dispute referred to it in term of any labour law; to determine any dispute referred to it by Arbitration if a labour law requires the dispute to be determined by arbitration, the parties to the dispute agree to it being determined by Arbitrator or if the labour court refers the dispute to the commission to be determined by arbitration in terms of section 94(3)(a)(ii) of the Employment and Labour Relation Act, 2004.

Wage board; this is another tripartite institution which deals with labour matters especially investigation of remuneration and terms and conditions of employment in any sector and area. The board is accountable to the minister for the public service. It established under section 35(1) of Labour Institution Act (No. 7 of 2004)

The structure of wage board is tripartite consisting a chair person, a member nominated by the member of the council who represent the interest of the employees, a member nominated by the member of the council who represent the interests of employers.

The bipartite institutions in Tanzania refers to those institution(s) that established at any organisation or working  area (enterprise/plant level) which consist of the employer and workers representatives through their Trade Union which conducts  Social dialogue at that level with the intention of bringing harmonious and peace at work area. Some of the institutions include;

Health and Safety Representatives/Health and Safety Committee; these are bipartite institution established at plant level under section 11(2) and section 13(1) of The Occupational Health and Safety Act (No. 5 of 2003)

The structure of this institution at work area is as explained in Occupational Health and Safety Act (No. 5 of 2003). It is stated that; “Any employer and his employees or their representatives shall make their own arrangements and procedures for the nomination or election, the term of office; and subsequent designation of health and safety representatives in term of subsection (1).

The function of this committee is to review the effectiveness of health and safety measures, to identify special potential hazard and major incidents at a factory or work place, to collaborate with employer to examine the causes of incidents at a factory or workplace and to investigate complaints by any employee relating to that employee’s health or safety at work. Also it to inspect the document any document which the employer is required to keep in according to the Act in so far as is reasonably necessary to perform the function (Occupational Health and Safety Act (No. 5 of 2003))

REFERENCE:

Labour Institution Act (No. 7 of 2004)

Occupational Health and Safety Act (No. 5 of 2003)

Turnbull P. (2005). Social Dialogue; A Practical Guidance Manual. International Labour Organisation, Geneva.

Vaughan D. W. and Ghellab Y. (2003). Sectoral Social Dialogue in Feature EU Member States; The Weakest Link. International Labour Organisation, Geneva.

Paul J. A. et al (2005). Labour Institutions, Labour Management Relations and Social Dialogue In Africa. The Word Bank,

Trebilcock A. et al (1994). Tripartite Cooperation In National Economic And Social Policy Making. International Labour Office, Geneva

According to United Nations Research Institute For Social Development (2009), social protection is concerned with preventing, managing, and overcoming situations that adversely affect people’s well being. Social protection consists of policies and programs designed to reduce poverty and vulnerability by promoting efficient labor markets, diminishing people's exposure to risks, and enhancing their capacity to manage economic and social risks, such as unemployment, exclusion, sickness, disability and old age.

Social protection refers to the major social protection and risk management programmes and strategies adopted in Tanzania which contributed in shielding the extremely vulnerable individuals, households and communities in urban and rural areas from becoming poorer. is an important aspect of poverty reduction strategies (Lerisse, 2003).

Generally; social protection consists of policies and programmes designated to reduce poverty and vulnerability by promoting efficient labour market, diminishing people’s exposure to social risks, enhancing their capacity to protect themselves against hazards and interruption or loss of income.

According to The National Social Security Policy (2003), Social security means any kind of collective measures or activities designed to ensure that members of society meet their basic needs and are protected from the contingencies to enable them maintain a standard of living consistent with social norms.

According to Article 22 of the Universal Declaration of Human Rights (1998), state that “Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Generally; Social security may be referred as the action programs of government intended to promote the welfare of the population through assistance measures guaranteeing access to sufficient resources for food and shelter and to promote health and wellbeing for the population at large and potentially vulnerable segments such as children, the elderly, the sick and the unemployed.

Social protection has several types or aspects. Most common types of social protection are as mentioned bellow;

Labor market interventions; these are policies and programs designed to promote employment, the efficient operation of labor markets and the protection of workers.

Social Insurance; this mitigates risks associated with unemployment, ill health, disability, work-related injury and old age, such as health insurance or unemployment insurance.

Social Assistance; is when resources, either cash or in-kind, are transferred to vulnerable individuals or households with no other means of adequate support, including single mothers, the homeless, or the physically or mentally challenged.

According to The National Social Security Policy (2003), social security has the following elements or tires;

Social assistance schemes, which are non-contributory and income-tested, and provided by the state to groups such as people with disabilities, elderly people and unsupported parents and children who are unable to provide for their own minimum needs. In Tanzania social assistance also covers social relief, which is a short term measure to tide people over a particular individual or community crisis;

Mandatory schemes, where people contribute through the employers to pension or provident funds, employers also contribute to these funds;

Private savings, where people voluntarily save for retirement, working capital and insure themselves against events such as disability and loss of income and meet other social needs.

Despite the existence of this framework, service delivery has not reached the majority of Tanzanians due to inadequate financing and fragmented institutional arrangements.

Social protection is relatively a new approach for ensuring safety and security of individuals and society as a whole with more programmes and a wider coverage. The following are the reasons why was necessary to shift from social security to social protection;

Coverage; consequently, the concept of social protection was initiated with more wider coverage as well as more acceptable in developing countries than the concept of social security which is more applicable in the conditions, where large numbers of citizens depend on the formal economy for their livelihood.

The National Social Security Policy (2003), state that, “person covered by the social security schemes are those who are employed in the formal sector estimated at 1.0 million. This is only 5.4 % of the whole labour force of over 16 million of Tanzanians. This means the remaining 15 million labour forces, engaged in informal sector and comparatively more vulnerable are not covered by the formal social security protection.”

Social security is contributory scheme (mandatory scheme); the scheme of social security needs contribution from those benefiters. The scheme primarily based on formal employment and it includes those who can contribute some amount of money for their security. The poor people who cannot afford to contribute in the funds cannot get the benefits from the social security. This form of contributions needs the government to designate another programme to cover more people from social risks.

The National Social Security Policy (2003), state that, “the estimated total population of Tanzania is 33.5 million1. Out of this, 70 per cent are in the rural areas, while the rest are in urban areas. The total labour force of Tanzania is estimated at 16 million, where 5.4% of the total labour force or 2.7% of the total population is covered by the mandatory formal social security system. 93 per cent of the capable workforce is engaged in the informal sector in both rural and urban areas; out of that 80 per cent is in engaged in the agrarian economy.

The fragmentation of institution which deals with social security; this also was the reason to change from social security to social protection. The institution which is responsible to take care and supervise the benefits of contributors is very fragmented and not coordinated. These circumstances arise many misunderstanding between the members of those institutions. Every institution operates under its ministry with its rules and regulations. As a result the numbers of benefits differ from one institution to another. For this reason, government found another alternative to equip the citizens from the poverty.

The social security sector lacks co-ordination at national level as each Fund reports to a different Ministry with differing operational rules and procedures. As a result, contribution rates, benefit structures, qualifying conditions as well as plans and priorities differ from one institution to another (The National Social Security Policy 2003)

The social security funds offer inadequacy of benefits; the benefits offered by the schemes follow under ILO minimum standard in terms of quality, numbers and indexation to the current levels of earnings. The structure of benefits offered as directed by ILO does not meet the all necessities needed by the societies. Normally ILO target on reducing social risks but not poverty in the society.

The National Social Security Policy (2003), state that, “the number of benefits offered by most of the existing schemes fall below the ILO Minimum Standards in terms of number, quality and indexation to the current levels of earnings.”

Social protection is to secure all people in both poverty and social risks while social security based much on employees’ social risks. Social protection consists of policies and programmes designated to reduce poverty and vulnerability by promoting efficient labour market, diminishing people’s exposure to social risks, enhancing their capacity to protect themselves against hazards and interruption or loss of income. Social security protects the employees from illness, accident, disability, old age, unemployment, maternity, single parenthood, widowhood and bad luck.

Lerisse F. (2003), Vulnerability and Social Protection Programmes in Tanzania.

(For the Research and Analysis Working Group)

United Nations Research Institute for Social Development (UNRISD) (2009).

The National Social Security Policy (2003)