Kichuguu
Platinum Member
- Oct 11, 2006
- 15,570
- 19,444
Government warns Mgaya for his defiant remarks
By ABDULWAKIL SAIBOKO,
13th August 2010
THE government has warned the Trade Union Congress of Tanzania (TUCTA) Acting Secretary General, Mr Nicholas Mgaya over his utterances on the public servants welfare, saying that he was violating the Public Service (Negotiating Machinery) Act, 2003 (Act No. 19/2003).
The Acting Permanent Secretary in the Presidents Office, Public Service Management, Mr Eric Shitindi told reporters in Dar es Salaam on Friday that according to the Act, workers association leaders and the government are not allowed to talk over the issues already decided upon by two sides within twelve months.
According to Section 17 subsection (1, 2 and 3) of the law, once a negotiation has been made between the two parts, none of the parties is allowed to discuss the matters of agreement within 12 months. In this year, agreements were reached on May 8, he said.
Mr Mgaya was recently quoted as saying that the union would ask all presidential candidates for the October general elections to brief delegates during its annual convention next month on how they would deal with various challenges that affect workers and that the most convincing candidate would win workers votes.
Mr Shitindi said that such utterances were violating the law governing public servants at work place which prohibits them from engaging in active politics and instead they are expected to maintain political neutrality.
Public servants rules and regulations of 2005 need public servants to remain loyal to the government in power and maintain political neutrality at work places. The aim is to make sure that the public service sector is sustainable and disciplined, he said.
He said that TUCTA SGs utterances were aimed at mobilising workers and public servants to have bias in politics and have one stand which was against the public servants ethics that prohibits them from engaging directly in politics.
He further said that the move also violated workers unions constitutions all of which state that workers and public servants will not involve in active politics and at the same time remain in their offices.
Meanwhile, the Acting PS admitted that there has been an increment of public servant salaries and reduction in Pay As You Earn (PAYE) tax effective last month.
He, however, declined to mention salary scales, saying that by doing so he would be violating agreement reached between them and the workers union leaders.
The salary increment and reduction in PAYE were major issues of concern among workers demands from the fourth-phase government.
Kifungu cha 17 cha sheria aliyonukuu kinasema hivi:
17.-(1) An agreement reached by the Public Service Joint Staff Council or any matter referred to the Public Service Joint Staff Council by the Service Joint Staff Council for approval in relation to any dispute regarding terms and conditions of service of public servants shall be recorded in writing and signed by the Chairman or any other member nominated on that behalf by the Chairman and be forwarded to the Minister.
(2) On receipt of the agreement the Minister shall accept the agreement.
(3) Where the agreement is accepted by the Minister without modification, it shall ipso facto, be an award.
(4) Where the Minister considers that there is a need for further consideration of the matter, he shall refer it back to the Public Service Joint Staff Council for further negotiation.
(5) Every award made shall be final and binding upon the Government and the public servants to whom the agreement relates for a period of twelve months beginning on the date on which the award was made.
(6) No application to negotiate another agreement relating to any matter that has been covered by the agreement or vary the agreement on a matter which involves or which have the effect of making variation to agreement shall, save with the prior permission of the Minister, be placed upon the agenda or discussed by the Public Service Joint Staff Council unless twelve months have expired.
(7) Every award shall be published by the Minister in the Gazette and shall take effect on the date specified in the agreement..
(2) On receipt of the agreement the Minister shall accept the agreement.
(3) Where the agreement is accepted by the Minister without modification, it shall ipso facto, be an award.
(4) Where the Minister considers that there is a need for further consideration of the matter, he shall refer it back to the Public Service Joint Staff Council for further negotiation.
(5) Every award made shall be final and binding upon the Government and the public servants to whom the agreement relates for a period of twelve months beginning on the date on which the award was made.
(6) No application to negotiate another agreement relating to any matter that has been covered by the agreement or vary the agreement on a matter which involves or which have the effect of making variation to agreement shall, save with the prior permission of the Minister, be placed upon the agenda or discussed by the Public Service Joint Staff Council unless twelve months have expired.
(7) Every award shall be published by the Minister in the Gazette and shall take effect on the date specified in the agreement..
Sioni ambapo sheria hii inapozuia wafanya kazi kuongelea makubaliano hayo; kifungu hiki kinasema kuwa makubaliano yakishapitishwa basi yanakuwa ni halali kwa kipindi cha miezi 12, na hakuna makubaliano mengine yatakayoruhusiwa katika kipindi hicho. Wafanyakazi wamesema wanataka kuwahoji wagombea kuhusu namna watakavyokabiliana na changamoto zinazowakabili wafanyakazi, hawakusema kuwa wanataka kujadiliana na serikali tena kuhusu mslahi mengine ya wafanya kazi. Je ni kweli wanavunja sheria au ni vitisho tu.
Kama viongozi wetu wanashindwa kweli kutafsiri sheria za nchi na kuzisimamia ipasavyo, badala yake wanazipindisha kusudi ziwanufaishe kadri wanavyotaka, tutakuwa tunatawaliwa kichizi kweli kweli