EFFECTIVENESS OF LABOUR LAW REFORM IN THE CONTEXT OF EMPLOYMENT RELATIONS IN HEALTH SECTOR FROM 2004 TO 2015: A Study of Muhimbili National Hospital in Tanzania

Abstract

This study analyzed modes of expressing grievances as well as identifies measures and challenges over management of strikes from 2004 to 2015 at Muhimbili National Hospital (MNH) in Tanzania. The focus was to fill in the knowledge gap on whether the escalating strikes that took place from 2004 to 2015 at MNH were behind defects of Employment and Labour Relations Act, Cap 366 (ELRA) and Labour Institutions Act, Cap 300 (LIA) within the framework of labour law reform or not. Literature indicates that before 2004 strikes were not inherent rights of workmen. Semi-structured interview, FGD and documentary review supplemented each other to collected data from 86 respondents. Results revealed that the laws had positive effects on modes of expressing grievances. In the first instance, since 2004 the laws made employees aware of their rights to strike and used it as a tool to press for their demands whenever collective bargaining was futile. In the second instance, the employer gradually abided with provisions for good governance to create formal systems for grievances handling hence strikes ceased after 2015. Results too indicated that from 2004 to 2015 there were challenges over management of strikes but came to end by good governance practices. In short, the employer’s non-compliance to good governance practices activated strikes and the opposite was true. It was recommended that more studies should be conducted on roles of good governance on improving working condition in public service in general.