The Usefulness And Implementation Of Labour Laws In Selected Public Organisations: A Case Study Of Misungwi District

ABSTRACT

The aim of this study was to investigate the usefulness and implementation of labour

laws in selected public organisations: a case study of Misungwi district. Specifically,

the study intended to assess the usefulness of the legal framework governing

employment relationships in public organisations, assess the institutional framework

responsible to implement labour laws in public organisations and assess the extent to

which labour laws are implemented in public organisations. The researcher in this

study precisely applied a qualitative approach. This was because the researcher

needed qualitative data for delivering the best possible answer for the research

question. The researcher was able to visit the areas of study to collect data. The

qualitative approach enabled the researcher to understand the events, circumstances

or phenomenon under a study. A total of 45 respondents were involved in this study

out of 60 which the researcher had planned to involve.

The study findings indicated that that the legal framework governing employment

relationships in public organizations is useful to both employees and employers in

day to day activities because the structure helps to harmonise both the public and

private interests as far as the protection of rights and duties of employers and

employees are concerned. Further, it was found that many employees were not much

aware of the institutions as they mentioned their respective workers associations and

other instruments which were irrelevant to the research context. Finally, it was also

demonstrated that to the large extent labour laws were not well implemented because

labour laws were not adhered to administrators. They take advantage of the

employees‟ ignorance of the labour laws to do whatever they want. All in all, the

study concludes that the administrators, when implementing these labour laws, face

many challenges, like the existence of contradiction between the Labour Institution

Act, 2004 and the Employment and Labour Relations Act, 2004 and other labour

laws. The study has come up with the following recommendations which, if

implemented well, there will be a positive impact to the welfare of employers,

administrators and employees while implementing these labour laws in public

organisations. There should be a clear identification/demarcation in which labour

laws (Labour Institution Act, 2004 and the Employment and Labour Relations Act,

2004) should operate or, apply and where the Public Service Act no 8 of 2002 should

apply to avoid contradictions, both employers and employees should have access to

these labour laws because not knowing them makes implementation very difficult.

Also, training should be conducted, especially to employees whom this study finds

that most of them are unaware of these labour laws. These Labour laws also, need

amendments from time to time because these laws have a lacuna in some of the

sections.