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
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