The Public Service (Negotiating Machinery) Act

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.433
CHAPTER 105
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title. 2. Interpretation. part ii
ESTABLISHMENT OF THE JOINT STAFF COUNCILS
3. Objective of Service Joint Staff Council. 4. Establishment of Service Joint Staff Council. 5. Tenure of office of Chairman, etc., of Service Joint Staff Council. 6. Functions of Service Joint Staff Council. 7. Quorum and meetings of Service Joint Staff Council. 8. Decisions of Service Joint Staff Council. 9. Establishment and composition of Public Service Joint Staff Council. 10. Functions of Public Service Joint Staff Council. 11. Repealed. 12. Tenure of office of members of Public Service Joint Staff Council. 13. Quorum and meetings of Public Service Joint Staff Council. 14. Public Service Joint Staff Council’s meeting. 15. Cessation and filling of vacancies of members. part iii
PROCEDURE FOR RENDERING ADVICE
AND DISPUTES SETTLEMENT
16. Advise to Government. 17.

ting. 15. Cessation and filling of vacancies of members. part iii
PROCEDURE FOR RENDERING ADVICE
AND DISPUTES SETTLEMENT
16. Advise to Government. 17.

Agreements reached in Public Service Joint Staff Council
and publication of Minister’s award. 18. Report to Minister where no agreement in Public Service
Joint Staff Council is reached. 19. Reference of dispute to Public Service Joint Staff Council or Court. 20. Re-consideration of dispute by Public Service Joint Staff Council. 21. Consideration of dispute by Court.

ic Service Joint Staff Council or Court. 20. Re-consideration of dispute by Public Service Joint Staff Council. 21. Consideration of dispute by Court.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.434
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E. 2023]
22. Time for reference.
23. Award by President.
24. Publication of Presidential award.
25. Award to be binding.
part iv
STRIKES AND LOCK-OUTS
26. Rights and conditions to strike and lock-out.
27. Strike and lock- out not allowed.
28. Incitements.
29. Prohibition of acts of discrimination.
part v
ESTABLISHMENT, COMPOSITION AND FUNCTIONS
OF THE MASTER WORKERS’ COUNCIL
30. Establishment of Master Workers’ Council.
31. Functions of Master Workers Council.
32. Submission of recommendations.
33. Report of Master Workers Council.
part vi
MISCELLANEOUS PROVISIONS
34. Disapplication of Arbitration Act.
35. Regulations.
36. Repeal.
37. Transitional and savings provisions.
SCHEDULE

part vi
MISCELLANEOUS PROVISIONS
34. Disapplication of Arbitration Act.
35. Regulations.
36. Repeal.
37. Transitional and savings provisions.
SCHEDULE

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.435
PART I
PRELIMINARY PROVISIONS
1.–(1) This Act may be cited as the Public Service (Negotiating
Machinery) Act. (2) [Omitted.]
2. In this Act, unless the context otherwise requires-
“award” means a final decision of the President made under
section 23 of this Act, and includes acceptance of the
agreement by the Minister under section 17(2);
“Chief Secretary” has the meaning ascribed to it under the
Public Service Act;
“Court” means Labour Division of the High Court established
under the Labour Institution Act or any successor, court
thereto;
“dispute” means any matter regarding the terms and conditions
of service of public servants which was a subject of
consideration by the Council and to which the Government
and the trade unions have failed to reach an agreement;
“lock-out” means the closing of a place of employment, by
the employer done in consequence of a dispute, not with
Short title
Interpretation
Act No. 24 of 2015 s. 24
Cap. 298
Cap.

of a place of employment, by
the employer done in consequence of a dispute, not with
Short title
Interpretation
Act No. 24 of 2015 s. 24
Cap. 298
Cap.

300
CHAPTER 105
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT
An Act to make better provisions for the participation of public servants
in negotiating and rendering advice to the Government and settling
disputes in the public service; to repeal the Civil Service (Negotiating
Machinery) Act, 1962 and the Local Government Negotiating
Machinery Act, 1982 and to provide for related matters. [1st July 2004]
[GN. No. 182 of 2004]
Acts Nos. 19 of 2003
24 of 2015
13 of 2016

t Negotiating
Machinery Act, 1982 and to provide for related matters. [1st July 2004]
[GN. No. 182 of 2004]
Acts Nos. 19 of 2003
24 of 2015
13 of 2016

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.436
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E.

ved. No part of this book may be reproduced or distributed without permission of OAG.436
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E.

2023]
the intention of finally determining employment, but
with a view to compelling persons employed by him to
accept terms or conditions of, or affecting employment;
“member” means a member of the Service Joint Staff Council
and, as the case may be, a member of the Public Service Joint
Staff Council and includes the Chairman and Vice Chairman;
“Minister” means the Minister responsible for public service
management matters;
“Permanent Secretary” means the Permanent Secretary
responsible for public service management matters;
“public servant” has the meaning ascribed to it under the
Public Service Act;
“public service” means the public service as defined in the
Public Service Act;
“Service” means the public service in the Government of the
United Republic;
“strike” means the cessation of work by public servants or
a concerted refusal by any number of public servants to
continue to work or a concerted interruption of work or
performance of work on a go-slow basis by any number of
public servants, done through their trade union or unions
as a means of compelling their employer or any person to
aid other public servants in compelling their employer or
any person acting on behalf of the employer, to accept or
not to accept the terms and conditions of employment; and
“trade union” means any registered trade union the member
of which includes employees in the public service.

e terms and conditions of employment; and
“trade union” means any registered trade union the member
of which includes employees in the public service.

PART II
ESTABLISHMENT OF THE JOINT
STAFF COUNCILS
3.–(1) For the purposes of achieving the objectives of this Act,
both the Service Joint Staff Council and Public Service Joint
Staff Council shall, within the limits of their functions-
Cap. 298
Cap. 298
Objective of
Service Joint Staff
Council

Council and Public Service Joint
Staff Council shall, within the limits of their functions-
Cap. 298
Cap. 298
Objective of
Service Joint Staff
Council

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.437
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E. 2023]
(a) secure the greatest measure of co-operation between
the Government, in its capacity as an employer, and the
public servants through their respective trade unions;
(b) provide conducive environment that would bring about
consultation and negotiation between the Government
and public servants on matters affecting the efficiency
and well being of the public service; and
(c) provide for the machinery for dealing with the
grievances for public servants. (2) For the purposes of facilitation of the meetings of the
Service Joint Staff Council, Public Joint Staff Council and the
Master Workers Council, the Government shall pay for the
costs of such meetings.

f the
Service Joint Staff Council, Public Joint Staff Council and the
Master Workers Council, the Government shall pay for the
costs of such meetings.

4.–(1) There shall be established for the purposes of putting
in place the mechanism and facilitation of negotiations and
participatory consultations by each Service Scheme, the
Service Joint Staff Council-
(a) the Civil Service Joint Staff Council;
(b) the Teachers Service Joint Staff Council;
(c) the Local Government Joint Staff Council;
(d) Health Service Joint Staff Council; and
(e) Fire and Rescue Services and Immigration Service
Joint Staff Council. (2) The Service Joint Staff Council shall be negotiating
body which shall, with respect to the terms and conditions
of service, provide a forum for discussion by public servants
serving in the service scheme referred to under subsection (1). (3) Every Service Joint Staff Council shall consist of-
(a) a Chairman and a Vice-Chairman who shall be
appointed by the Minister from amongst two persons
who shall be recommended by the most representative
trade union representing the category of the
Service Scheme in question and two other persons
recommended by the Minister responsible for the
Service Scheme in question;
Establishment of
Service Joint Staff
Council
Acts Nos. 24 of 2015 s. 25
13 of 2016 s. 30

the Minister responsible for the
Service Scheme in question;
Establishment of
Service Joint Staff
Council
Acts Nos. 24 of 2015 s. 25
13 of 2016 s. 30

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.438
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E. 2023]
(b) four public servants nominated by the respective trade
union; and
(c) five Government officials nominated by the Minister
being a-
(i) representative of the Ministry responsible for
public service;
(ii) representative of the Ministry responsible for finance;
(iii) representative of regional administration and
local government authorities;
(iv) representative of the Ministry responsible for
labour relations; and
(v) representative of the Ministry responsible for the
service scheme. (4) In nominating persons referred to under paragraphs (b)
and (c) of subsection (3), the Trade Union and the Minister shall
ensure that, the nominee are such persons who are able to make
decisions on any matter which is the subject of negotiation. (5) The Minister shall appoint a secretary of the Joint Staff
Council from the respective service scheme. 5. The Chairman and the Vice Chairman shall each hold
office for a period of three years and shall be eligible for re-
appointment for one further term.

The Chairman and the Vice Chairman shall each hold
office for a period of three years and shall be eligible for re-
appointment for one further term.

6. The functions of the Service Joint Staff Council shall be to-
(a) advise the Government on matters relating to the
welfare of public servants to which that Service Joint
Council belong;
(b) discuss and make recommendations to the Government
on any matter concerning interest, well-being and
efficiency on part of public servants;
(c) discuss and advise the Government on any matter on
which the Government has requested for advice;
(d) negotiate on matters relating to the terms and conditions
of service with respect to the public servants generally
or to the Service Scheme to which that Service Joint
Council belong; and
Tenure of office
of Chairman, etc.,
of Service Joint
Staff Council
Functions of
Service Joint
Staff Council

ich that Service Joint
Council belong; and
Tenure of office
of Chairman, etc.,
of Service Joint
Staff Council
Functions of
Service Joint
Staff Council

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.439
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E. 2023]
(e) discuss any matter which may be referred to it by the
Public Service Joint Staff Council. 7.–(1) The quorum for a meeting of the Service Joint Staff
Council shall be seven members. (2) The Service Joint Staff Council shall meet twice in a year. (3) Notwithstanding subsection (2), the Service Joint Staff
Council may hold an extra ordinary meeting where there
exist any matter which requires immediate consideration and
determination. 8.–(1) All decisions on any matter which was a subject of
consideration and determination by the Service Joint Staff
Council shall be referred to the Public Service Joint Staff
Council for endorsement.

ect of
consideration and determination by the Service Joint Staff
Council shall be referred to the Public Service Joint Staff
Council for endorsement.

(2) Where the Public Service Joint Staff Council receives a
decision on a matter referred to it by the Service Joint Staff
Council for consideration and endorsement it may-
(a) endorse with or without amendment and forward the
matter to the Minister;
(b) defer its endorsement until such other time as may be
appropriate; or
(c) refer back the matter to the Service Joint Staff Council
with a direction for further consideration. 9.–(1) There shall be established a Public Service Joint Staff
Council which shall be the highest participatory negotiating
and consultative body in the public service. (2) The composition of the Public Service Joint Staff Council
shall be-
(a) the Chairman and the Vice Chairman who shall be
appointed by the President from a list of persons
submitted as such by the Minister;
(b) eight members from the trade unions representing the
Council who shall be appointed by the trade unions; and
(c) eight members appointed by the Minister to represent
the Government. Quorum and
meetings of
Service Joint Staff
Council
Act No. 24 of 2015 s. 26
Decisions of
Service Joint Staff
Council
Establishment
and composition
of Public Service
Joint Staff Council

nt Staff
Council
Act No. 24 of 2015 s. 26
Decisions of
Service Joint Staff
Council
Establishment
and composition
of Public Service
Joint Staff Council

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.440
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E. 2023]
(3) For the purposes of subsection (1), a person shall not be
appointed a Chairman or a Vice Chairman who is a member
of a trade union or a public servant. (4) In recommending persons for appointment as Chairman
and Vice Chairman, the trade unions and the Government shall
each nominate two persons whose names shall be forwarded
to the President. (5) The Secretary and Assistant Secretary shall be appointed
on the basis that, the Secretary shall be appointed by the
Minister from among the public servants and the Assistant
Secretary shall be appointed by the trade unions. 10.

he Secretary shall be appointed by the
Minister from among the public servants and the Assistant
Secretary shall be appointed by the trade unions. 10.

The functions of the Public Service Joint Staff Council shall
be to-
(a) advise the Government on matters relating to the
welfare of public servants;
(b) discuss and make recommendations to the Government
on any matter concerning interests, well being and
efficiency on part of public servants;
(c) discuss and advise the Government on any matter on which
the Government has requested for advice of the Council;
(d) negotiate on matters relating to the terms and conditions
of service with respect to the public servants generally
or to specified category of public servants;
(e) approve and register or discuss any matter referred to it
by the Service Joint Staff Council;
(f) determine appeal referred to it arising from the decision
of the Service Joint Staff Council; and
(g) initiate any matter of important and refer the same for
consideration, opinion or determination by the Service
Joint Staff Council. 11. [Repealed by Act No. 13 of 2016, s. 31]. 12. A member of the Public Service Joint Staff Council shall
hold office for a period of three years and shall be eligible for
re-appointment.

s. 31]. 12. A member of the Public Service Joint Staff Council shall
hold office for a period of three years and shall be eligible for
re-appointment.

Functions of
Public Service
Joint Staff Council
Repealed
Tenure of office
of members of
Public Service
Joint Staff Council

Functions of
Public Service
Joint Staff Council
Repealed
Tenure of office
of members of
Public Service
Joint Staff Council

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.441
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E. 2023]
13.–(1) Subject to subsection (1) of section 14, the Public
Service Joint Staff Council shall meet once in every year and
shall, for the purposes of discharging its functions, regulate its
own proceedings. (2) Fourteen members shall constitute a quorum for the
meeting of the Public Service Joint Staff Council. 14.–(1) The Public Service Joint Staff Council shall hold its
ordinary meetings during the second quarter of each financial
year of the Government and may hold extra-ordinary meetings
at any time during which a matter giving rise to the meeting
requires or soon after a matter has been referred to it by the
Service Joint Staff Council. (2) Any matter which is a subject of consideration by the
Public Service Joint Staff Council which, by its nature, calls
for action or measures to be taken in compliance therewith
by the Government shall be determined and recommendation
submitted to the Minister not later than 15th day of December. 15.

en in compliance therewith
by the Government shall be determined and recommendation
submitted to the Minister not later than 15th day of December. 15.

Where any member of the Public Service Joint Staff Council
ceases to be as such, his position shall be filled by a member
appointed in accordance with the procedures as may be set out
by the Minister and shall hold office and perform duties as a
member for the rest of the remaining period. PART III
PROCEDURE FOR RENDERING ADVICE
AND DISPUTES SETTLEMENT
16.–(1) Where the Public Service Joint Staff Council has
considered a matter and, in relation therewith it is minded to
advise the Government as such, it shall submit in writing a
report to the Minister which shall be signed by the Chairman or
any other member nominated on that behalf by the Chairman
and by the Vice Chairman or any other member nominated on
that behalf by the Vice Chairman. (2) Where a report is made to the Minister, he shall consider
it and advise the Government accordingly. Quorum and
meetings of
Public Service
Joint Staff Council
Public Service
Joint Staff
Council’s meeting
Cessation
and filling of
vacancies of
members
Advise to
Government

of
Public Service
Joint Staff Council
Public Service
Joint Staff
Council’s meeting
Cessation
and filling of
vacancies of
members
Advise to
Government

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.442
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E. 2023]
(3) A decision of the Government made pursuant to or
consequent upon advice given according to this section may
be reported back to the Public Service Joint Staff Council at its
subsequent meeting. 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.

hat 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) An 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 not, 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. 18.–(1) Where the Public Service Joint Staff Council is unable
to reach agreement on any dispute, the Chairman and the Vice
Chairman of the Council shall submit a report to the Minister
signed by both of them or by their nominees. Agreements
reached in Public
Service Joint
Staff Council and
publication of
Minister’s award
Report to
Minister where
no agreement in
Public Service
Joint Staff Council
is reached

Service Joint
Staff Council and
publication of
Minister’s award
Report to
Minister where
no agreement in
Public Service
Joint Staff Council
is reached

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.443
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E. 2023]
(2) The report shall contain as precise as possible-
(a) minutes of deliberations of the Public Service Joint
Staff Council; and
(b) memorandum on the subject matter of the
deliberations. (3) As much as possible, the report shall state the dispute in
relation to which an agreement has not been reached. 19.

t matter of the
deliberations. (3) As much as possible, the report shall state the dispute in
relation to which an agreement has not been reached. 19.

Where a report is made to the Minister pursuant to
subsection (1) of section 18, the Minister may-
(a) upon finding that, the Public Service Joint Staff Council
was unable to reach any agreement because-
(i) it did not take into account any material issue or
matter relevant to the dispute under consideration;
(ii) it took into account any issue or matters which
were irrelevant or immaterial to the dispute;
(iii) it lent undue weight or consideration to any issues
or matters; or
(iv) it did not have the benefit of any relevant or
material information,
so that further efforts are required to be made to settle the
dispute through negotiation by the Public Service Joint Staff
Council in which case, he shall refer the dispute back to the
Public Service Joint Staff Council; or
(b) refer the dispute to the Court. 20. Where the Minister has referred the dispute back to the
Public Service Joint Staff Council, it shall re-consider the
dispute with a view to reach an agreement and where an
agreement is reached, the provisions of subsections (1) and (2)
of section 17 shall apply in relation therewith. 21.

o reach an agreement and where an
agreement is reached, the provisions of subsections (1) and (2)
of section 17 shall apply in relation therewith. 21.

Where the Minister has referred the dispute to the Court,
the Court shall consider the matter and submit the report in
respect thereof to the Minister. Reference of
dispute to Public
Service Joint Staff
Council or Court
Re-consideration
of dispute by
Public Service
Joint Staff Council
Consideration of
dispute by Court

ute to Public
Service Joint Staff
Council or Court
Re-consideration
of dispute by
Public Service
Joint Staff Council
Consideration of
dispute by Court

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.444
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E. 2023]
22. Reference to the Public Service Joint Staff Council or to the
Court shall be made within twenty-one days from the date on
which the report was made to the Minister pursuant to section
18 unless, in the opinion of the Minister, there are special
circumstances which make it necessary or desirable to postpone
the reference for such further period or periods not exceeding
thirty days in the aggregate, as the Minister may, in writing, allow. 23.–(1) Where the report of the Court in respect of any dispute
referred to it is submitted to the Minister, he shall, in any case,
without delay and within fourteen days of such receipt, submit
the report with any comments he may wish to make thereon
to the President. (2) On receipt of the report of the Court and comments of
the Minister, the President may make an award on the dispute.

make thereon
to the President. (2) On receipt of the report of the Court and comments of
the Minister, the President may make an award on the dispute.

(3) An award made by the President may be expressed to
have retrospective effect and shall be made within twenty-one
days from the date on which the report of the Court and the
comments of the Minister were submitted to the President. (4) Where, in the opinion of the President, there are special
circumstances which makes it necessary or desirable to
postpone making the award for such period or periods as the
President may state, the award shall stand deferred until such
period or periods as the President has stated. (5) In any proceedings conducted pursuant to the provisions
of this Act, a certificate made under the hand of the Minister
to the effect that-
(a) the President has or has not made an award on or by a
date specified therein; or
(b) the President has not postponed the period for making
an award; and
(c) the President has postponed such period of making the
award and has instead specified further period within
which the award is to be made,
shall be admissible in evidence and shall, in the absence of
any proof to the contrary, be conclusive evidence of the facts
stated therein. Time for
reference
Award by
President

ence and shall, in the absence of
any proof to the contrary, be conclusive evidence of the facts
stated therein. Time for
reference
Award by
President

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.445
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E. 2023]
24.–(1) Every award made by the President shall be published
in the Gazette and shall take effect from the date of such
publication. (2) Where an award is expressed to be retrospective, it shall
take effect from the date specified in the award. 25. Every award made by the President shall be binding upon
the Government and public servants to whom the award relates
for a period of twelve months and no application shall be
made to vary the award or make any matter which involves the
variation of the award, unless there is prior written permission
of the Minister, and shall not, in any cases, be placed upon
the agenda of or discussed within the Public Service Joint Staff
Council until the expiration of such period of twelve months. PART IV
STRIKES AND LOCK-OUTS
26.–(1) Subject to the provisions of this Part-
(a) every public servant has a right to strike in respect of a
dispute; and
(b) every employer has a right to lock-out in respect of a
dispute.

Part-
(a) every public servant has a right to strike in respect of a
dispute; and
(b) every employer has a right to lock-out in respect of a
dispute.

(2) A public servant may take part in a strike if the following
conditions have been satisfied:
(a) there is a dispute;
(b) the dispute is not resolved;
(c) a ballot strike has been conducted under the supervision of
the Labour Officer and the majority of the public servants
in the respective Service Scheme support the strike; and
(d) sixty days have passed since notice was served to the
Government, counting from the date on which a ballot
strike was cast. (3) An employer may take part in a lock-out if the following
conditions are satisfied:
(a) there is a dispute;
(b) the dispute is not resolved; and
Publication of
Presidential
award
Award to be
binding
Rights and
conditions to
strike and lock-
out
Act No. 24 of 2015 s. 27

pute is not resolved; and
Publication of
Presidential
award
Award to be
binding
Rights and
conditions to
strike and lock-
out
Act No. 24 of 2015 s. 27

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.446
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E. 2023]
(c) a forty eight hours notice has been served to the
Chairman of a branch of trade union presenting the
majority of employees at the work place, counting from
the date of submission of the notice to the Chairman of
the trade union. 27. This Act shall not authorise the striking or locking-
out by public servants or employer in any employment or
service rendered the result of which may cause interruption
or continued interruption which endangers life, health or
personal safety of the whole or part of the population.

sult of which may cause interruption
or continued interruption which endangers life, health or
personal safety of the whole or part of the population.

28.–(1) Any person being a public servant or not who persuades
or incites any public servant to take part in a strike contrary to
the provisions of sections 26 and 27 shall-
(a) in the case of public servant, render himself the subject
of disciplinary measures, including deduction from his
salary, any amount of money that may be considered
to be commensurate to the loss occasioned to the
employer; and
(b) in the case of a person who is not a public servant,
render himself the subject of criminal proceedings. (2) Where as a result of participation by a public servant in
a strike contrary to this Act, any damage is caused to property
of employer, any public servant who took part in the strike
or any person who persuaded or incited such public servant
to take part in the strike shall be liable to make good of the
damage to such property. 29.

or any person who persuaded or incited such public servant
to take part in the strike shall be liable to make good of the
damage to such property. 29.

An employer shall not treat or do any act or omission
calculated to show disfavor or inspire fear of security of
employment on part of a public servant or do any act of
discrimination against any public servant by reason that such
public servant took part in a strike or is a leader or activist of
a trade union which inspired or incited public servants to take
part in the strike. Strike and lock-
out not allowed
Act No. 24 of 2015 s. 28
Incitements
Act No. 24 of 2015 s. 29
Prohibition
of acts of
discrimination
Act No. 24 of 2015 s. 30

and lock-
out not allowed
Act No. 24 of 2015 s. 28
Incitements
Act No. 24 of 2015 s. 29
Prohibition
of acts of
discrimination
Act No. 24 of 2015 s. 30

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.447
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E. 2023]
PART V
ESTABLISHMENT, COMPOSITION AND
FUNCTIONS OF THE MASTER WORKERS’ COUNCIL
30.–(1) There shall be established for purposes of participation
of public servants in implementation of public business, a
Master Workers’ Council. (2) The provisions of the Schedule to this Act shall have
effect as to the composition, tenure of office, proceedings of
meetings and other matters relating to the Council. (3) Notwithstanding the provisions of subsection (1), each
Ministry, independent department, regions, local government
authority, Government institutions and executive agencies
shall establish Workers’ Council in the manner as the Minister
may, by regulation, prescribe. 31.

rity, Government institutions and executive agencies
shall establish Workers’ Council in the manner as the Minister
may, by regulation, prescribe. 31.

Subject to the provisions of section 6, the functions of the
Master Workers’ Council in relation to the business for which
it is established shall be to-
(a) advise the Government on procedures for promotion
and disciplinary measures in respect of public servants;
(b) advise the Government on measures to be taken in
order to ensure effective delivery of services; and
(c) advise the Government on the changes that are to
be made to the Government Standing Orders and
conditions of work and service;
32. Where the Master Workers’ Council decides to make
recommendations to the Government, it shall submit such
recommendations through the Minister. 33.–(1) The Master Workers’ Council shall cause in every year
to be prepared and published a report and submit it to the
Chief Secretary. (2) Upon receipt of the report, the Chief Secretary shall
consider such recommendations and adopt them for purposes
of improving the public service. Establishment of
Master Workers’
Council
Functions of
Master Workers
Council
Submission of
recommendations
Report of Master
Workers Council

c service. Establishment of
Master Workers’
Council
Functions of
Master Workers
Council
Submission of
recommendations
Report of Master
Workers Council

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.448
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E. 2023]
PART VI
MISCELLANEOUS PROVISIONS
34. The Arbitration Act shall not apply in relation to any
proceedings, agreement or award under this Act. 35. The Minister may make regulations for the better carrying
out of the provisions and purposes of this Act and, without
prejudice to the generality of the foregoing, may make
regulations prescribing anything that is to be prescribed under
this Act. 36. [Repeals the Civil Service (Negotiating Machinery) and
the Local Government Negotiating Machinery Act].

g that is to be prescribed under
this Act. 36. [Repeals the Civil Service (Negotiating Machinery) and
the Local Government Negotiating Machinery Act].

37.–(1) Notwithstanding the repeal of the Civil Service
(Negotiating Machinery) Act and the Local Government
Negotiating Machinery Act-
(a) all subsidiary legislation, and all other administrative
orders, directions or instructions made, given or issued
under or in pursuance of the provisions of the Civil
Service (Negotiating Machinery) Act, as well as the
Local Government Negotiating Machinery Act, which
were in force on commencement of this Act, shall be
deemed to have been made, given or issued under or
in pursuance of the provisions of this Act, and shall
remain in force until revoked, cancelled or rescinded by
subsidiary legislation, administrative orders, directions
or instructions made or issued under this Act; and
(b) the Chairman, members and officers of the
Master Workers’ Council shall, from the date of
commencement of this Act, continue to hold office
on the terms and conditions of service on which they
were each appointed unless their appointments are
revoked, and shall, for that purpose be deemed to be
the Chairman, members and officers respectively of the
Disapplication of
Arbitration Act
Regulations
Repeal
Acts Nos.

for that purpose be deemed to be
the Chairman, members and officers respectively of the
Disapplication of
Arbitration Act
Regulations
Repeal
Acts Nos.

52 of 1962
11 of 1982
Transitional
and savings
provisions
Acts Nos. 52 of 1962
11 of 1982

52 of 1962
11 of 1982
Transitional
and savings
provisions
Acts Nos. 52 of 1962
11 of 1982

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.449
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E. 2023]
Master Workers’ Council appointed in accordance with
the provisions of this Act. (2) The President may, by notice in the Gazette, at any
time before the expiry of twenty-four months from the
commencement of this Act, make such consequential
transitional or supplementary provisions as he may consider
necessary for facilitating effective performance by the Master
Workers’ Council of its functions. SCHEDULE
(Made under section 30(2))
PROVISIONS RELATING TO THE
MASTER WORKERS’ COUNCIL
1.

performance by the Master
Workers’ Council of its functions. SCHEDULE
(Made under section 30(2))
PROVISIONS RELATING TO THE
MASTER WORKERS’ COUNCIL
1.

The Master Workers’ Council shall consist of thirty three members
drawn as follows:
(a) the Permanent Secretary of the Office of Public Service
Management who shall be the Chairman;
(b) the Vice Chairman who shall be elected from amongst the
members of the Master Workers’ Council representing trade
unions;
(c) seven executives representing regions who shall be appointed
in a representative capacity of Zones as follows:
(i) Northern Zone that consists of Kilimanjaro, Arusha,
Manyara and Tanga regions;
(ii) Eastern Zone that consists of Dar es Salaam, Pwani and
Morogoro regions;
(iii) Southern Zone that consists of Lindi, Mtwara and
Ruvuma regions;
(iv) Southern Highlands Zone that consists of Iringa, Mbeya
and Rukwa regions;
(v) Western Zone that consists of Kigoma, Tabora and
Shinyanga regions;
(vi) Lake Zone that consists of Mwanza, Kagera and Mara
regions;
(vii) Central Zone that consist of Dodoma and Singida. (d) nine executive officers representing Ministries, Government
department and the Local Government Authorities as
follows-
(i) one member who shall be appointed by the Minister;
(ii) three members appointed by the Chief Secretary;
Composition of
Master Workers’
Council

ws-
(i) one member who shall be appointed by the Minister;
(ii) three members appointed by the Chief Secretary;
Composition of
Master Workers’
Council

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.450
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E. 2023]
(iii) the Commissioner for Labour;
(iv) the Chief Education Officer;
(v) one member from the Office of Public Service
Management Gender Unit;
(vi) three members who shall be appointed by the Minister
responsible for local government authorities; and
(e) twenty-one members from the public services employees
who shall be elected as follows-
(i) seven members representing the public service employee
from the regions;
(ii) seven members representing the public service employees
from the Ministries and Government Departments; and
(iii) seven members appointed by trade union. 2. For the purpose of paragraph 1(c), where a new region is established
by-
(a) subdivision of a region, the new region shall be in the same
zone with the subdivided region; or
(b) subdivision of more than one region belonging to different
zones,
the Minister shall, decide the zone in which the new region shall belong. [para.

(b) subdivision of more than one region belonging to different
zones,
the Minister shall, decide the zone in which the new region shall belong. [para.

1A]
3.–(1) The members of the Master Workers’ Council other than the
members appointed under subparagraphs (a) and (d)(iii) and (iv) of
paragraph 1, shall hold office for a period of three years from the date
of appointment or election and shall be eligible for re-appointment or
re-election. (2) The member of the Master Workers’ Council shall cease to be a
member if-
(a) his tenure of office has expired;
(b) he ceases to be a public service employee;
(c) he is transferred to a region falling within a different zone;
and
(d) he fails to attend to at least three Master Workers’ Council
meetings consecutively. (3) In the case of the Master Workers’ Council member who is
a member by virtue of his holding some office he shall cease to be a
member upon ceasing to hold that office. [para. 2]
4. The Secretary and the Assistant Secretary of the Public Service Joint
Staff Council shall be the Secretary and Assistant Secretary of the
Master Workers’ Council. [para. 3]
Criteria for
division of
regions
Act No. 24 of 2015 s. 31
Tenure of Office
Secretary
and Assistant
Secretary

of the
Master Workers’ Council. [para. 3]
Criteria for
division of
regions
Act No. 24 of 2015 s. 31
Tenure of Office
Secretary
and Assistant
Secretary

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.451
THE PUBLIC SERVICE (NEGOTIATING MACHINERY) ACT [CAP. 105 R.E. 2023]
5. Where a Master Workers’ Council member ceases to be a member
in accordance with the provisions of paragraph 3(2) and (3) his
vacant position shall be filled with a member elected or appointed in
accordance with the prescribed procedures and he shall perform his
duties for the remaining period and he may be eligible for re-election,
or as the case may be, re-appointment. [para. 4]
6. Eighteen members of the Master Workers’ Council shall constitute a
quorum at any meeting and all acts, matters or things to be done by the
Master Workers’ Council shall be decided by a simple majority of the
members present. [para. 5]
7.–(1) The Master Workers’ Council shall ordinarily meet at such times
and places as it deems necessary for the transaction of its business but
shall meet at least once in a year. (2) The Chairman, may at any time when necessary, call an extra-
ordinary meeting of the Master Workers’ Council.

shall meet at least once in a year. (2) The Chairman, may at any time when necessary, call an extra-
ordinary meeting of the Master Workers’ Council.

(3) The Chairman or in his absence, the Vice Chairman, shall
preside over every meeting of the Master Workers’ Council, and in the
absence of both the Chairman and Vice Chairman, members present
shall appoint a member from amongst themselves to preside over the
meeting. [para. 6]
8.–(1) The Master Workers’ Council may establish in relation to a
matter or matters of a particular kind, such number of committees as
may be necessary for the proper discharge of the functions of the Master
Workers’ Council taking into account the Master Workers Council’s
needs and priorities. (2) The Committee may co-opt as members of such committee any
person who is not a member of the Master Workers’ Council to provide
expertise to a matter or matters of a particular kind. [para. 7]
9. Subject to the provisions of this Schedule, the Master Workers’
Council may make rules to regulate its own meetings. [para. 8]
Vacancy
Quorum
Meetings of
Master Workers’
Council
Committees
Master Workers’
Council to
regulate its own
proceedings

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.