 In April, 2004 two new pieces of legislation

namely the Employment and Labour Relations

Act, No. 6 of 2004 (ELRA) and the Labour
Institutions Act, No. 7 of 2004 (LIA) were
enacted.
 The Acts were brought into force on 20.12.2007
and 1.2.2005 respectively.
The purpose of the laws are:
 To have a labour regime that promote
employment, protect labour and allow
enterprises to grow and compete in a
modern economy.
 To make provisions or observance of
core labour rights.
 To establish basic labour and
employment standards.
 To provide for prevention and settlement of
disputes.
 To provide framework for collective
bargaining.
The new laws have repealed and replaced the
following:
 The Employment Ordinance Cap 366
 The Regulation of Wages and Terms of
Employment Ordinance Cap 300
 Wages and Salaries (General Revision) Act No.
22 of 1974
 The Trade Unions Act No. 10 of 1998
 The Security of Employment Act No. 62 of 1964
 The Severance Allowance Act No. 57 of 1962
 The Industrial Court of Tanzania Act No. 41 of
1967
Application
 Applies to all employee including those in public
service of URT except the army, police, prison
service, intelligence service and national service.
Fundamental Rights and Protection
 Fundamental rights cover freedom of association,
protection against discrimination, forced labour
and child labour.
Offences
 An employer who commits an offence in these
core rights may on conviction be fined a
maximum of Tsh 5million or imprisonment for
a term of one year.
Employment Standard (ES)
 Statutory terms and conditions of employment
constitute employment standards.
 They are implied in every individual contract
of employment.
 Not implied where a contract has a more
favourable term to an employee.
Contract of Employment
Types of contracts
 A contract can be for an unspecified period of
time, a contract for a specified period of time for
professional and managerial cadre or contract for
specific tasks.
 Not a requirement to be in writing unless it
provides that the employee is to work outside the
United Republic of Tanzania.
Written Statement of Particular (WSP)
 Requirement to supply employee with WSP.
 WSP contains: name, age, address, place of
recruitment, job description, duration of
contract, hours of work, remuneration etc.
 Not requirement where written contract state
all the particulars.
Revisiting Some ES
Leave
 Provide for 28 consecutive days leave.
 An employee with less than 6 months not entitled
to paid leave.
Sick Leave
 Entitlement to sick leave is for at least 126 days
in a leave circle: the first 63 days – full pay and
the second 63 days half pay.
Maternity Leave (ML)
 A female employee to give a notice of her intention to
take ML at least 3 months before expected date of
birth.
 ML is 84 days but twins 100 days.
 Employer obliged to grant paid leave only 4 terms (for
a maximum of 4 births) during the working life of
female employee.
 Entitlement to additional 84 days paid ML if a child
dies within a year of death.
Paternity Leave (PL)
 A male employee entitled to 3 days of paid PL
within a leave circle irrespective of number of
children born.
 It must be taken within 7 days of the birth of a
child.
 The male employee must be the father of the
child.
Paid leave for sickness/death of family member
4 days paid leave because of sickness or death
of employee’s child, spouse, parent,
grandparent, grandchild or sibling.
Hours of work and overtime (OT)
 Employee not to work more than 12 hours in a
day.
 OT not to exceed 50 OT hours in 4 week cycle
and should be preceded by agreement.
Termination of Employment (TOE)
 Gives an elaborate interpretation of what amounts into
TOE
- Lawful TOE under common law
- TOE by employer because of intolerable conditions by
employer.
- Failure to renew a contract, failure to re-employ or
allow to resume work.
 Removal of summary dismissal under the new laws.
TOE (cont.)
 No prescribed disciplinary code in the new law.
 Severance pay of 7 days wages for every year of
service up to a maximum of 10 years.
 Severance pay not apply in fair termination on
ground of misconduct.
 Transport to place of recruitment and daily
subsistence expenses.
Notice of Termination
 Should be in writing.
 Notice period:
- Not less than 7 days if given in the first month of
employment;
- 4 days for employee employed on daily of weekly
basis;
- 28 days if employee is employed on a monthly
basis.
Notice (cont.)
 Not to be issued during any leave period.
 Not to run with any leave period.
 Payment in lieu of leave allowed.
 Employer authorized to make deductions from
employees terminal benefits if employee reuse
to work during notice period.
Retrenchment/Redundancy
 Provide elaborate provision on procedure for
retrenchment/redundancy.
 Notice of intention to retrench once
contemplated.
 Disclosure of information on intended
retrenchment.
 Consultation before its implementation.
Unfair Termination of Employment
 Not applicable for an employee with less than
6 months’ employment with same employer.
 Details instance of unfair employment:
- Termination prompted by invalid and unfair
reason.
- Termination not in accordance with fair
procedure.
Unfair termination (cont.)
- Unfair reasons include reasons related to
pregnancy, disability and reasons that
constitute discrimination, participation in
lawful trade union activities, refusal to do any
thing that an employer may not lawfully
require employer to do.
- Duty of employer to prove that TOE was fair.
Trade Unions/Employers Association (TU/EA)
 Register within 6 months of establishment.
 TU/EA right to enter and recruit/represent
members at employer’s premises.
 Right to paid leave for TU activities.
 Employers’ deduction of TU dues is subject to
employee’s authorization.
 Remittance within 7 days after end of the month.
Recognition of TU as Bargaining Agent
 TU should represent majority of members.
 Should be registered.
 TU should notify employer of its intention to seek
recognition as exclusive bargaining agent.
 Employer’s power to withdraw recognition.
 No requirement to register voluntary/collective
agreements.
 Enforceable upon signing.
 Establish machinery/labour institutions for
smooth implementation of the ELRA.
 The organs established are:
- Labour, Economic and Social Council
- Commission for Mediation and Arbitration
- Wage Boards
- Essential Services Committee
- Labour Division of the High Court
ELRA and LIA read together with:
 Commission of Mediation and Arbitration
(CMA), 2007, GN No. 65 of 2007
 Employment and Labour Relations (Code of
Good Practice)Rules, 2007, GN. No. 42 of 2007
 Employment and Labour Relations (Forms)
Rules, 2007
 Labour Court Rules, 2007, GN. No. 106/2007
 Labour Institutions (Mediation and Arbitration)
Rules, 2007, GN. No. 64
END