ANALYSIS OF THE LAW IN PROTECTING EMPLOYMENT

DURING PANDEMIC DISEASES: CASE STUDY: COVID 19 IN

TANZANIA
 ANALYSIS OF THE LAW IN PROTECTING EMPLOYMENT DURING
PANDEMIC DISEASES: CASE STUDY: COVID 19 IN TANZANIA

By

Irene Fredrick Mwakatajila

Registration No: 2631034/T.20

A Compulsory Research Dissertation to Be Submitted in Partial Fulfilment of

the Requirement for The Award of Bachelor Degree of Laws (Llb) Of Mzumbe
University

© 2023
 DECLARATION

I, IRENE FREDRICK MWAKATAJILA, do hereby declare that to the best of my

knowledge, this work is my own original work and not copied anywhere and it has
never been presented anywhere whether in colleges, universities or any other legal
institution or organization for a similar or any other degree award.

Signature

Date

i
 CERTIFICATION

The Undersigned certified that he has read and hereby recommends for the acceptance
by the Mzumbe University a research paper entitled “Analysis of The Law in
Protecting Employment During Pandemic Diseases: Case Study: COVID 19 In
Tanzania”, in partial fulfilment of the requirements for the degree of Bachelor of Laws.

Supervisor’s Name: Mr. Nuhu Suleiman Toufiq

Signature

Date

Internal Examiner’s name

Signature

Date

ii
 COPYRIGHT

This Mini-Dissertation is a copyright material protected under the Berne Convention

of 1886 and Copyright and Neighboring Right Act (Cap 218 R.E 2002) as amended
by the Written Laws (Miscellaneous Amendment) (NO.3) Act, 2019, in that behalf, on
intellectual property. It may not be reproduced by any means in full or in part, except
for short extract and fair dealings, for research or private study. Critical scholarly
review or discourse with an acknowledgement, without the written permission of
Mzumbe University, on behalf of the author.

©Irene Fredrick Mwakatajila

Mzumbe University

2023

iii
 ACKNOWLEDGMENT

I would like to thank almighty God for keeping me healthier and give me strength
throughout the whole period of doing the field attachment. Apart from that in my field
attachment there are a number of people who assisted me in moral and material support
so as to make my field work successful.

First of all, I would like to say thanks to my parents Mr. & Mrs. Fredrick Kenane
Mwakatajila for their encouragement and closely support in of my studies at Mzumbe
(MCC), May almighty God bless them.

Also, I sincerely and heartedly pass my special thanks to my supervisor, Mr. Nuhu
Suleiman, who along with so many other commitments he has; he put my work upfront
and helped me as a mentor to achieve this stage without any regrets. Let it suffice to
say few words with the deep meaning in it that, thank you very much for helping and
making me achieve this work which makes up a new level of my academic
understanding.

Lastly, I would like to thank all respondents for their cooperation they gave me during
data collection.

Finally, I give thanks to Mzumbe University lecturers and supporting staffs at large
who tirelessly helped me as a student to achieve my goal in a manner which is
recommendable.

iv
 DEDICATION

This research paper is dedicated to my parents, Mr. and Mrs. Fredrick Mwakatajila for
dedicating their time and everything they have and encouragement and full support to
stand by me and help me accomplish this research and in my pursuing for higher
education.

v
 LIST OF ABBREVIATIONS AND ACRONYMS

Cap Chapter

CMA Commission for Mediation and Arbitration

G. N Government Notice

HCT High Court of Tanzania

MCC Mbeya Campus College

No. Number

Pg. Page

R.E Revised Edition

VOL Volume

& And

vi
 LIST OF LEGAL INSTRUMENTS

International Instruments

Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No.
205)

The Medical Care and Sickness Benefits Recommendation, 1969 (No. 134)

Termination of Employment Convention of 1982 (No. 158)

Domestic Laws

Employment and Labour Relations Act [Cap 366 R.E 2019]

vii
 LIST OF CASES

Anyelwisye M. Melele& 43 Others V. Southern Sun Hotel Ltd & 29 Others Revision
No. 258 of 2021, HCT Labour Division at DSM (Unreported)

Msimbazi Greek Housing Estate Ltd V. Johnson Edson Kategela Revision Application
No. 64 of 2022, HCT Labour Division at DSM (Unreported)

Manpower Solution Ltd V. All Salimu SegeLabour Revision No. 39 of 2020 HCT
Labour Division at Moshi (Unreported)

viii
 ABSTRACT

The covid-19 pandemic came up with a lot of challenges in the world. Countries had
closed their borders, limited the movement of their citizens and even confined citizens
in quarantine within their homes for weeks. Relevant authorities in the world have
been occupied trying to figure out how best to protect human beings from the
pandemic.

Many employees felt pressure due to losing their jobs or due to working in close
proximity to potentially infected people, as society depends on them fulfilling their
duty. In addition to its impact on public health, coronavirus disease 2019 (COVID-19)
has caused a major loss on the employment industry. In employment sectors, there
were massive challenges including loss of employment of various employees in the
public and private sectors.

The study was guided by two hypotheses which are The law does not protect
employment during pandemic diseases and The employment laws does not provide the
legal protection of employment during pandemic diseases.
In collecting data, both Primary and secondary data were collected to test the
hypotheses. Primary data were collected through interview and the questionnaire,
while the secondary data were obtained through documentary review during the library
study
At the end of the research it is revealed that the law does not protect employment
during pandemic diseases and at the employment laws does not provide the legal
protection of worker’s employment during pandemic diseases.

The researcher recommended to the stakeholders that: Laws governing employment

and labour relations must be amended for the purpose of adding provisions which
protects worker’s employment during pandemic diseases, Trade unions should be firm
in protecting the interests of their member employees at their working places during
pandemic diseases and Lawmakers should make an amendment of the employment
and labour relations laws so that can add provisions restricting the employers from
terminating their employees because of the pandemic diseases like Covid-19.

ix
 TABLE OF CONTENTS
DECLARATION ......................................................................................................... i

CERTIFICATION ..................................................................................................... ii

COPYRIGHT ............................................................................................................ iii

ACKNOWLEDGMENT........................................................................................... iv

DEDICATION ............................................................................................................ v

LIST OF ABBREVIATIONS AND ACRONYMS ................................................ vi

LIST OF LEGAL INSTRUMENTS ....................................................................... vii

LIST OF CASES ..................................................................................................... viii

ABSTRACT ............................................................................................................... ix

CHAPTER ONE......................................................................................................... 1

INTRODUCTION AND BACKGROUND OF THE STUDY ............................... 1

1.1 Introduction ........................................................................................................ 1

1.2 Background of the Study .................................................................................... 1

1.3 Statement of the Problem ................................................................................... 4

1.4 Literature Review ............................................................................................... 4

1.4 Objectives of the Study ...................................................................................... 7

1.4.1 General Objectives ....................................................................................... 7

1.4.2 Specific Objectives ...................................................................................... 7

1.5 Significance of the study .................................................................................... 7

1.6 Hypotheses ......................................................................................................... 7

1.7 Scope of the study .............................................................................................. 7

1.8 Research Methodology ....................................................................................... 8

1.8.1 Research Design .......................................................................................... 8

1.8.2 Data Collection Methods ............................................................................. 8

1.8.2.1 Primary Data Collection........................................................................ 8

x
 1.8.2.1.1 Interview ......................................................................................... 8

1.8.2.1.2 Questionnaire.................................................................................. 9

1.8.2.2 Secondary Data Collection .................................................................... 9

1.8.2.2.1 Documentary Review ..................................................................... 9

1.8.3 Area of the Study ......................................................................................... 9

1.8.4 Data analysis technique ............................................................................... 9

1.8.5 Sampling Technique .................................................................................. 10

1.8.6 Sample size ................................................................................................ 10

1.9 Limitations to the study ................................................................................ 10

CHAPTER TWO ..................................................................................................... 11

CONCEPTUAL FRAMEWORK OF THE LAW IN PROTECTING

EMPLOYMENT DURING PANDEMIC DISEASES (COVID-19) ................. 11

2.1 Introduction ...................................................................................................... 11

2.2 Definitions and Explanations of key terms ...................................................... 11

2.2.1 Meaning of Protection ............................................................................... 11

2.2.2 Meaning of Labour Institutions ................................................................. 11

2.2.3 Meaning of Workers .................................................................................. 12

2.2.4 Meaning of Employee ................................................................................ 12

2.2.5 Meaning of Employment ........................................................................... 13

2.2.5.1 Agreement ........................................................................................... 13

2.2.5.2 Performance of work ........................................................................... 13

2.2.5.3 Under the authority of the employer ................................................... 14

2.2.5.4 Length of employment ........................................................................ 15

2.2.5.5 Wage ................................................................................................... 15

2.2.6 Meaning of Pandemic Diseases ................................................................. 15

2.2.7 Meaning of Covid-19 ................................................................................. 16

xi
CHAPTER THREE ................................................................................................. 17

LEGAL FRAMEWORK AND INSTITUTIONAL OF THE LAW IN

PROTECTING EMPLOYMENT DURING PANDEMIC DISEASES .............. 17

3.1 Introduction ...................................................................................................... 17

3.2 International Instruments .................................................................................. 17

3.2.1 Employment and Decent Work for Peace and Resilience Recommendation,
2017 (No. 205) .................................................................................................... 17

3.2.2 The Medical Care and Sickness Benefits Recommendation, 1969 (No. 134)
............................................................................................................................ 18

3.2.3 Termination of Employment Convention of 1982 (No. 158) .................... 19

3.3 Domestic laws .................................................................................................. 19

3.3.1 The Employment and Labour Relations Act [Cap 366 R.E 2019] ............ 19

3.3.2 Institutional Framework ............................................................................. 19

3.3.2.1 Tanzania Union of Industrial & commercial workers (TUICO) ......... 20

3.3.2.2 Researchers Academician and Allied Workers Union (RAAWU) ..... 20

CHAPTER FOUR .................................................................................................... 21

DATA PRESENTATION, ANALYSIS AND DISCUSSION OF FINDINGS ... 21

4.1 Introduction ...................................................................................................... 21

4.2 Presentation of findings and data analysis........................................................ 21

4.2.1 The labour institutions does not protect worker’s employment during
pandemic diseases ............................................................................................... 21

4.2.2 The legal frame work of the employment laws does not provide the legal
protection of worker’s employment during pandemic diseases.......................... 25

CHAPTER FIVE ...................................................................................................... 26

SUMMARY, CONCLUSION AND RECOMMENDATIONS ............................ 26

5.1 Introduction ...................................................................................................... 26

5.2 Summary of the study....................................................................................... 26

xii
 5.3 Conclusion ........................................................................................................ 26

5.4 Recommendations ............................................................................................ 27

REFERENCES ......................................................................................................... 28

xiii
 CHAPTER ONE

INTRODUCTION AND BACKGROUND OF THE STUDY

1.1 Introduction

The researcher in this chapter has explained the general introduction of the study,
background of the study, statement of the problem, objectives of the study which is
divided into general and specific objectives, research questions, and significance of
the study, limitations of the study, conceptual framework and definitions and
explanations of key terms contained in the research title.

1.2 Background of the Study

Cennimo, (2019)1, has defined Coronavirus disease 2019 (COVID-19) as illness

caused by a novel coronavirus called severe acute respiratory syndrome coronavirus 2
(SARS-CoV-2; formerly called 2019-nCoV), which was first identified amid an
outbreak of respiratory illness cases in Wuhan City, Hubei Province, China. It was
initially reported to the WHO on December 31, 2019. On January 30, 2020, the WHO
declared the COVID-19 outbreak a global health emergency. On March 11, 2020, the
WHO declared COVID-19 a global pandemic, its first such designation since declaring
H1N1 influenza a pandemic in 20092.

The Covid-19 pandemic outbreak has forced many businesses to close, leading to an
unprecedented disruption of commerce in most industry sectors. Retailers and brands
faced many short-term challenges such as those related to health and safety, the supply
chain, the workforce, cash flow, consumer demand, sales, and marketing. Many
markets, especially in the fields of tourism and hospitality were affected by the Covid-
19 pandemic3.

1
https://emedicine.medscape.com/article/2500114-overview Accessed on 01 March, 2023 at 11:37 AM
2
Ibid.
3
Ibid.

1
Gorbalenya, et al (2020)4, states that Illness caused by SARS-CoV-2 was termed
COVID-19 by the WHO, the acronym derived from "coronavirus disease 2019." The
name was chosen to avoid stigmatizing the virus's origins in terms of populations,
geography, or animal associations. On February 11, 2020, the Coronavirus Study
Group of the International Committee on Taxonomy of Viruses issued a statement
announcing an official designation for the novel virus: severe acute respiratory
syndrome coronavirus 2 (SARS-CoV-2).

The CDC estimates that SARS-CoV-2 entered the United States in late January or
early February 2020, establishing low-level community spread before being noticed.
Since that time, the United States has experienced widespread infections, with over
70.6 million reported cases and over 864,000 deaths reported as of January 24, 2022,
according to the CDC. According to the CDC, 75% of people who have died of the
virus in the United States as of December 29, 2021 (ie, about 608,000 of the 820,000)
are aged 65 years or older5. According to the New York Times, the CDC reports that
one in 100 older Americans has died from the virus. For people younger than 65, the
ratio is about 1 in 1,400.

Africa CDC (2020)6, in addressing the first covid-19 case in Africa, has stated that the
first case of Covid-19 was announced on 14th February, 2020 by the Minister of Health
and Population of Egypt, Dr. Hala Zayed, who confirmed the first case of the
coronavirus disease (COVID-19) in Egypt. In her statement, the minister confirmed
that the patient is male, 33 years old, of foreign origin and was receiving treatment at
an isolation Centre in Egypt. The 17 contacts of the patient had tested negative, and all
of them were under home isolation for 14 days.

4
Gorbalenya AE. Severe acute respiratory syndrome-related coronavirus – The species and its viruses,
a statement of the Coronavirus Study Group. Available at https ://read. qxmd.com/d oi/10.1101/202
0.02.07.937862 Accessed on 01March, 2023 at 11: 53 AM.
5
Gorbalenya AE. Severe acute respiratory syndrome-related coronavirus – The species and its viruses,
a statement of the Coronavirus Study Group. Available at https ://read. qxmd.com/ doi/10.1101/2
020.02.07.937862 Accessed on 01March, 2023 at 11: 53 PM.
6
https://africacdc.org/news-item/africa-identifies-first-case-of-coronavirus-disease-statement-by-the-
director-of-africa-cdc/ Accessed on 01March, 2023 at 11:56 AM.

2
Tarimo, and Wu, (2020)7, have provided that in Tanzania, the first imported case of
Covid-19 was announced by the Ministry of Health on 16 March 2020. The victim
happened to be a female traveler aged 46 years who departed the country on 3 March
2020 to Belgium and had visited Denmark and Sweden between the dates 5 and 13
March 2020. On the 15 March 2020, the lady flew back to Tanzania from Belgium and
arrived at the Kilimanjaro International Airport (KIA) at 1600 hours using the
Rwandan airplane.

As of other countries, Tanzania had also prepared for the reception of travelers from
abroad in terms of diagnostics and trained health care providers and much more. A
victim was effectively screened for the symptoms of COVID-19 at the airport and
showed none. She took a cab all the way to the hotel located about 28 miles away from
the airport. (Tarimo, and Wu, (2020).

On the 16th March 2020, she felt unwell and decided to surrender herself to medical
tests on the same day just to find out that she was infected with the novel severe acute
respiratory syndrome coronavirus-2 (SARS-CoV-2). She came to put it clear to the
authorities that the reason behind staying at the hotel overnight instead of going home
directly was a need for self-quarantine. She further uncovered that, back in Belgium,
she was accommodated by her female friend whose husband had acquired the
infection8.

As the outbreak was spreading around the world, it became more difficult to manage.
More countries had opted to take the strictest measures possible to contain it. Well
over 100 countries worldwide had instituted either a full or partial lockdown by the
end of March 2020, affecting billions of people. And many others had recommended
restricted movement for some or all of their citizens.

7
https://africacdc.org/news-item/africa-identifies-first-case-of-coronavirus-disease-statement-by-the-
director-of-africa-cdc/ Accessed on 01March, 2023 at 11:56 AM.
8
https://tropmedhealth.biomedcentral.com/articles/10.1186/s41182-020-00214-x Accessed on 02
March, 2023 at 8:54 AM.

3
1.3 Statement of the Problem

The covid-19 pandemic came up with a lot of challenges in the world. Countries had
closed their borders, limited the movement of their citizens and even confined citizens
in quarantine within their homes for weeks. There has also been a constant stream of
news on this invisible external threat from which threatened the human lives in the
world. Relevant authorities in the world have been occupied trying to figure out how
best to protect human beings from the pandemic. On top of that, many felt pressure
due to losing their jobs or due to working in close proximity to potentially infected
people, as society depends on them fulfilling their duty.

In addition to its impact on public health, coronavirus disease 2019 (COVID-19) has
caused a major loss on the employment industry. Not only that, but in employment
sectors there were massive challenges including loss of employment of various
employees in the public and private sectors.

It is this fact which has necessitated the researcher to conduct this research for the
purpose of making analysis of the law in protecting employment during pandemic
diseases (covid-19).

1.4 Literature Review

This study reviewed various relevant literatures from different sources in order to
establish the basis for the knowledge gap and determination of the research problem.
It also attempted to investigate how far the problem was in consideration to various
authors. It was done through making review of various legal statutes, texts, journals
and papers of various authors.

Inshyn, M. et al (2022)9 in their journal states that the issues of protecting the rights
of workers have traditionally been of significant importance in modern labour

9
Inshyn, M. et al (2022): Journal of Legal Affairs and Dispute Resolution in Engineering and
Construction Volume
14 Issue 3 - August 2022

4
relations; however, during the spread of COVID-19, they acquired a particular
specificity.

According to them, the lack of a safe work environment exposes workers to the virus,
and lack of access to the necessary tools and equipment makes it difficult for
employees to perform their assigned tasks. For many industries that do not have the
possibility of remote work in particular construction and the manufacturing sector, the
need to adapt to the new reality while respecting labour rights has raised a lot of
questions.10

However, it is the health workers who are at the forefront of the pandemic that are at
increased risk. Despite the fundamental importance of respecting the rights of medical
personnel during a pandemic, there exists much evidence that states do not guarantee
the observance of such rights, and sometimes even contribute to their deliberate
violation. Thus, this study is devoted to the issue of violations of health workers’
labour rights during a pandemic.11

Cennimo, (2019)12,has defined Corona virus disease 2019(COVID 19) as illness

caused by a novel corona virus called severe acute respiratory syndrome corona virus
2(SARS-CoV-2,formely called 2019-nCoV),which was first identified amid an
outbreak of respiratory illness cases in Wuhan City, Hubei Province ,China .It was
initially reported to the WHO on December 31,2019.On January 30,2020,the WHO
declared the COVID-19 outbreak a global pandemic, its first such designation since
declaring H1N1 influenza a pandemic in 2009.

Gorbalenya, et al (2020)13, states that illness caused by SARS-CoV-2 was termed

COVID-19 by the WHO, the acronym derived from “corona virus disease 2019”The
name was chosen to avoid stigmatizing the virus’s origins in terms of populations,

10
Inshyn, M. et al (2022): Journal of Legal Affairs and Dispute Resolution in Engineering and
Construction Volume
11
Ibid
12
https://emedicine.medscape.com/article/2500114-overview accessed on 1 march 2023 at 11:37 AM
13
GorbalenyaAE. Severe acute respiratory syndrome-related corona virus-The species and its viruses, a
statement of the corona virus study Group. Available at http/ readqxm.com/do i/10.1101/2020.
02.07.937862 accessed on 1st March 2023at 11:53 AM

5
geography or animal associations. On February 11,2020, the corona virus issued a
statement announcing an official designation for the novel virus: severe acute
respiratory syndrome corona virus 2 (SARS-CoV-2).

Africa CDC (2020),14in addressing the first Covid-19 case in Africa ,has stated that
the first case of Covid-19 was announced on 14 th February ,2020 by the Minister of
Health and population of Egypt ,Dr. Hala Zayed ,who confirmed the first case of
the corona virus(COVID-19) disease in Egypt .In her statement ,the minister
confirmed that the patient is male,33 years old,of foreign origin and was receiving
treatment at an isolation centre in Egypt .The 17 contacts of the patient had tested
negative, and all of them were under home of isolation for 14 days.

Tarimo and Wu, (2020)15, have provided that in Tanzania ,the first imported case in
Covid-19 was announced by the Ministry of Health on 16 march 2020.The victim
happened to be a female traveler aged 46 years who departed the country on 3 rd March
2020 to Belgium and had visited Denmark and Sweden between the dates 5 and 13
March 2020 on 2020.On the 15 March 2020,the lady flew back to Tanzania from
Belgium and arrived at the Kilimanjaro International Airport(KIA) at 1600 hours
using the Rwandan airplane. As the other countries, Tanzania had also prepared for
the reception of travelers from abroad in terms of diagnostics and trained health care
providers and much more.

As the outbreak was spreading around the world, it became more difficult to manage
more countries had adopted strictly measures as over 100 countries worldwide had
instituted either a full or partial lockdown by the end of march 2020 affecting billions
of people such as workers in their employment and were not protected by the labour
institutions during the pandemic.

14
https://africacdc.org/news-item/africa identifies-first-case-of-corona virus-disease-statement-by -the -
director-of –africa-cdc/ accessed on 1st March 2023 at 11:56 AM
15
https://tropmedhealth.biomedcentral.com/articles/10.1186/S41182-020-00214-x accessed on 2nd
March 2023 at 8:54 AM

6
1.4 Objectives of the Study

1.4.1 General Objectives

The main objective is to make analysis of the law in protecting employment during
pandemic diseases (Covid-19).

1.4.2 Specific Objectives

i. To assess the role played by the law in employment during pandemic diseases
(Covid-19).
ii. To assess the employment laws on whether they provide the legal protection
of employment during pandemic diseases.

1.5 Significance of the study

Upon completion of this research and achieving the objectives above, this research
work might be useful to the society that is to the employee as there might be provided
a way to deal with law protecting employment during pandemic diseases like Covid-
19 and also this study will be used in academic that is other researcher will use and
refer in the future academic studies.

1.6 Hypotheses

In this study the assumption of the researcher is that; -

a) The law does not protect employment during pandemic diseases.

b) The legal frame work of the employment laws does not provide the legal
protection of employment during pandemic diseases.

1.7 Scope of the study

This research was limited in scope, on the analysis of the law in protecting employment
during pandemic diseases (Covid-19).

7
1.8 Research Methodology

This study applied both doctrinal and field research. The methods which were used in
collecting
data includes, interview, questionnaire and documentary review also instrument in
collection of data includes research design, sample and sampling technique 16

1.8.1 Research Design

The research design is the conceptual structure within which research is conducted; it
constitutes the blueprint for the collection, measurement and analysis of data. The
researcher herein applied a descriptive research design for the purpose of obtaining
data to accomplish this research work. This was due to the fact that there were other
previous studies similar to this research problem. The researcher passed through
thoroughly the writings of various authors to obtain secondary data. On the other hand,
the researcher collected data from the field.

1.8.2 Data Collection Methods

This study used both primary and secondary data for more clarification and eligibility
of the information intended to be achieved.

1.8.2.1 Primary Data Collection

This are the first hand information which was collected direct from the key person.
Under this research, the researcher used interview and questionnaire as the main tools
of primary data.

1.8.2.1.1 Interview

Purpose of collecting primary data from the field. Interview was conducted in the mode
of relaxed guided talks, Researcher prepared interview guide which was used in
interviewing different respondents for the dialogue and conversation in which
respondents were asked various questions relating to the title. The interview guide

16
Dr. Sope Williams Elegbe and EdefeOjomo (2013) Introduction to Legal Research Pg No 4

8
helped the researcher to get direct views from the respondents and chance for more
clarification when the need to do so arose.

1.8.2.1.2 Questionnaire

Researcher prepared questions and distributed to the respondents for answers. The
researcher applied this method to the respondents whom their access for physical
meeting for interview was difficult and for the purpose of saving time to conduct an
interview with all of the targeted population. With a view of granting freedom to the
respondents, the questions were in form of unstructured or open-ended questions. It
also contained structured or ended questions that provided the limited spaces to answer
by the respondents.

1.8.2.2 Secondary Data Collection

Under this study, secondary data collection has been conducted by visiting Mzumbe
University Mbeya Campus College library to view various documentary review.

1.8.2.2.1 Documentary Review

This tool was applied by the researcher in collecting secondary data, whereby a
detailed research was conducted by the researcher by reviewing books, judgments,
journal articles, reports, newspapers, magazines, statutes and online materials. This
tool was necessary because there were various writings relating to this study and the
same was useful.

1.8.3 Area of the Study

This research was conducted in Mbeya Urban District, at Mbeya Region where the
researcher conducted her field program. Furthermore, basing on the nature of the title,
it was likely for the researcher to collect enough data at Mbeya representing other areas
of the country.

1.8.4 Data analysis technique

In analyzing data, the researcher applied qualitative data analysis. The researcher was
keen to edit the information obtained from interviews, questionnaires and those which

9
was collected through documentary review before codifying. This was done so as to
prepare an accurate study of the research problem for the benefits of those who will
use the study as reference.

After data processing, the researcher analyzed data for the purpose of finding a
relationship, a challenge and differences on the data collected and the hypothesis
formulated. This was done in order to give a clear conclusion for the research problem.

1.8.5 Sampling Technique

The selection of respondents based on purposive sampling and the priority was on
labour institutions such as Commission for Mediation and Arbitration, employees from
different sectors, labour officers and also the trade unions which has vested with
powers of protecting the interests of their employee members.

1.8.6 Sample size

Relying on the objectives of this research, the target population was 15 respondents
who were divided as following, 2 labour officers, 8 employees from different sectors,
2 Arbitrators of the Commission for Mediation and Arbitration and 3 leaders of the
different trade unions.

1.9 Limitations to the study

In conducting this research, the researcher faced with the various challenges which
included; low cooperation from the respondents who worried to trust the researcher
during collection of data, and also the issue of language barriers, as the language which
was used by the researcher in collecting data was English language. However, the
researcher made efforts to assure the respondents that they should not worry of
anything in terms of privacy and or trusting her as the issue of their privacy was highly
considered.

10
 CHAPTER TWO

CONCEPTUAL FRAMEWORK OF THE LAW IN PROTECTING

EMPLOYMENT DURING PANDEMIC DISEASES (COVID-19)

2.1 Introduction

This chapter explains the basic concepts and terminologies in relation with the law in
protecting employment during pandemic diseases (Covid-19). It provides the meaning
and connection between key concepts such as the definition of protection, labour
institutions, workers, employment, pandemic diseases and Covid-19. These
terminologies will help understand the study better.

2.2 Definitions and Explanations of key terms

2.2.1 Meaning of Protection

The term protection has been defined to mean a justifiable claim to have or obtain
something or to act in a certain way, which is supported by law and is covered or
shielded from the danger of being revoked or repealed.17 It is further defined to cover
or shield from exposure, injury, damage, or destruction, guard, defend sense, to protect
the goal, to maintain the status or integrity of especially through financial or legal
guarantees: such as; to save from contingent financial loss.

2.2.2 Meaning of Labour Institutions

The Labour Institutions Act18 has not provided the meaning of the term labour
institutions. Labour institutions can be defined as those authorities established by the
law for the purpose of handling labour matters. Examples of the labour institutions in
Tanzania is such as the Commission for Mediation and Arbitration which is established
under section 12 of the Labour Institutions Act 19 whose powers and functions is
provided under section 14 of the same Act. Another example of the Labour Institution

17
https://www.google.com/search?client=firefox-b-d&q=legal+meaning+of+protection Accessed on
04/03/2023 at 13:53 PM
18
[Cap 300 R.E 2019]
19
Ibid.

11
in Tanzania is the labour division of the High court established under section 50 of the
Labour Institutions Act20 whose jurisdictions and powers has been provided under
section 51 and 52 of the same Act.

2.2.3 Meaning of Workers

Merriam Webster Dictionary has defined worker to mean one that works especially at
manual or industrial labor or with a particular material.21 In other words, worker has
been defined as any of the sexually underdeveloped and usually sterile members of a
colony of social ants, bees, wasps, or termites that perform most of the labor and
protective duties of the colony.

2.2.4 Meaning of Employee

An employee is an individual who works under the supervision or control of an

employer; a worker who is employed by an employer. An employee works in the
service of the employer under an express or implied contract of hire that gives the
employer the right to dictate the employee’s work duties. 22

Gerald and Kathleen23 have defined the term employee as a person who is hired for a
wage, salary, fee or payment to perform work for an employer. In agency law the
employee is called an agent and the employer is called the principal. This is important
to determine if one is acting as employee when injured (for worker's compensation) or
when he/she causes damage to another, thereby making the employer liable for
damages to the injured party24.

The laws regulating employment and labour relations have not defined the term
employee; however, under section 61 of the Labour Institution Act 25 have provided

20
[Cap 300 R.E 2019]
21
Merriam-Webster. (n.d.): Worker in Merriam-Webster.com dictionary. Retrieved on March 6, 2023
at 12:14 PM, from https://www.merriam-webster.com/dictionary/worker
22
Retrieved on March 6, 2023 at 17:31 PM from https://www.law.cornell.edu/wex/employee.
23
Gerald and Kathleen: People’s Law Dictionary, Retrieved on March 6, 2023 at 17:31 PM from
https://dictionary.law.com/Default.aspx?selected=621
24
Ibid
25
Supra

12
the presumption of employee by providing various factors to be considered for a
person to be regarded as an employee.

2.2.5 Meaning of Employment

Employment is defined as relation established through a contract of employment and

it shall be deemed formed where a person (the employee) agrees, directly or indirectly,
to perform work for and under the authority of another (the employer) for a definite
or indefinite period or piece work in return for wages.26

These authors have gone further by discussing elements which from the definition of
the term employment such as;

2.2.5.1 Agreement

This is one of the definitional elements of an employment contract which indicates that
agreement is the basis for employment relation and this automatically excludes forced
labour from the ambit of employment relations. Hence, a person cannot be compelled
to enter into an employment relation. Thus, in this sense it is a voluntary engagement.27

According to them, it is nevertheless important to note that agreement to employment

relation may be expressed directly or indirectly. For instance, a person may directly or
personally negotiate with his/her employer and conclude a contract of employment
thereafter. The other possibility is public/private employment agencies may serve as
intermediaries between the employer and the employee with a view to facilitating their
relations. Thus, the agreement may be expressed personally or indirectly through
employment agencies.28

2.2.5.2 Performance of work

This is another element under the definition of the employment from the side of the
employer is “to perform work for of the employer”. The employee will be required to

26
Abyssinialaw, Retrieved on March 6, 2023 at 18:14 PM from https://www.abyssinialaw.com/study-
on-line/380-employment-and-labor-law/7331-definition-of-employment-and-labor-law
27
Ibid.
28
Ibid.

13
render personal service. In this sense, the employee is committing him/her/self to
render personal service for the benefit of the employer. Unlike a contract of sale where
the seller delivers something tangible to the buyer, in the present case, the employee
is making his service available (i.e. something intangible) to the benefit of the
employer.29 Through this arrangement the employee is putting his skill and working
capacity at the disposal of the employer. Although the employee may express his or
her agreement indirectly, his or her service is to be provided personally. He or she
cannot, as of right, delegate another person to render service in his or her behalf.30

2.2.5.3 Under the authority of the employer

The employee will be required to render the said service within the frame work of the
instruction of the employer. This in effect means the employer will possess the
prerogative to direct, supervise and control the manner and performance of the
employee. Consequently, the employer will have the power to determine what work to
be done; when to be done; where to be done; how to be done and with whom to be
done.31

According to them it is important to note, however, that the authority granted to the
employer over the employee is not meant and intended to establish a master and
servant relationship. On the contrary, it is within the framework of the terms of the
contract that the scope of the authority of the employer over the employee will be
determined.32

Working under the authority of the employer differentiates an employee from an

independent contractor. An independent contractor performs work for the benefit of
his or her client but in performing such work he is not under the strict direction of the
client. The client in such cases is interested on the result and not on the manner how
the result was achieved. For example, if a client seeks the service of a tailor to make
him a three pieces’ suit, he will not have an interest where and how it is made so long

29
Abyssinialaw, Retrieved on March 6, 2023 at 18:14 PM from https://www.abyssinialaw.com/study-
on-line/380-employment-and-labor-law/7331-definition-of-employment-and-labor-law
30
Ibid
31
Ibid
32
Ibid

14
as the agreed date and quality of the product is maintained. But in case of an employer,
he is not only interested on the result but also on the manner of arriving at such result. 33

Therefore, it is safe to conclude that where the “employer” has no or minimal authority
over his “employee” the relationship between them is client-independent contractor
relationship not employer-employee.

2.2.5.4 Length of employment

As regards to duration, a contract of employment could be entered into either for

definite period (for six months, for one-year etc.), or for indefinite period (for the life
of the company), or for a specific assignment (to unload sacks of grain from a truck).34

2.2.5.5 Wage

The last among the definitional elements is wage. As the employee is committing
himself or herself to render personal service for the benefit and under the authority of
the employer, the employer will have a corresponding duty to perform. It will be
expected and required to pay wage to the employee. Hence employment relation is not
a pro bono service. On the contrary, it is a service in return for wages.35

2.2.6 Meaning of Pandemic Diseases

Pandemic disease is an outbreak of infectious disease that occurs over a wide

geographical area and that is of high prevalence, generally affecting a significant
proportion of the world’s population, usually over the course of several months.
Pandemics arise from epidemics, which are outbreaks of disease confined to one part
of the world, such as a single country. Pandemics, especially those involving influenza,
sometimes occur in waves, so that a post pandemic phase, marked by decreased disease
activity, may be followed by another period of high disease prevalence.36

33
Abyssinialaw, Retrieved on March 6, 2023 at 18:14 PM from https://www.abyssinialaw.com/study-
on-line/380-employment-and-labor-law/7331-definition-of-employment-and-labor-law
34
Abyssinialaw, Retrieved on March 6, 2023 at 18:14 PM from https://www.abyssinialaw.com/study-
on-line/380-employment-and-labor-law/7331-definition-of-employment-and-labor-law
35
Ibid
36
Retrieved on March 7, 2023 at 14:50 PM from https://www.britannica.com/science/pandemic

15
It is an infectious disease such as influenza which can spread rapidly sometimes in a
matter of days among humans living in different areas of the world. The spread of a
disease is facilitated by several factors, including an increased degree of infectiousness
of the disease-causing agent, human-to-human transmission of the disease, and
modern means of transportation, such as air travel. The majority of highly infectious
illnesses that occur in humans are caused by diseases that first arise in animals. 37

2.2.7 Meaning of Covid-19

Merriam Webster Dictionary38 has explained covid-19 to be a mild to severe

respiratory illness that is caused by a coronavirus (Severe acute respiratory syndrome
coronavirus 2 of the genus Beta coronavirus), is transmitted chiefly by contact with
infectious material (such as respiratory droplets) or with objects or surfaces
contaminated by the causative virus, and is characterized especially by fever, cough,
and shortness of breath and may progress to pneumonia and respiratory failure and
become seriously ill or die at any age.

37
Retrieved on March 7, 2023 at 14:50 PM from https://www.britannica.com/science/pandemic
38
Merriam Webster Dictionary (1828). Definition of Covid-19: Retrieved on March 7, 2023 at 14:59
PM fromhttps://www.merriam-webster.com/dictionary/COVID-19.

16
 CHAPTER THREE

LEGAL FRAMEWORK AND INSTITUTIONAL OF THE LAW IN

PROTECTING EMPLOYMENT DURING PANDEMIC DISEASES

3.1 Introduction

This chapter analyses legal framework put in place to address the issues concerning
law in protecting employment during pandemic diseases. It encompasses the legal
framework available at national and international level. This legal framework helps to
analyze whether there is adequate law in protecting employment during pandemic
diseases. This has been done by looking at how the legal framework has attained their
aims and goals in the laws in protecting employment during pandemic diseases.

3.2 International Instruments

3.2.1 Employment and Decent Work for Peace and Resilience Recommendation,
2017 (No. 205)

This International Labour Standards contains specific guidance for safeguarding

decent work in the context of crisis response, including guidance that can be of
relevance to the evolving COVID-19 outbreak. It was adopted by an overwhelming
majority of all constituents, emphasizes that crisis responses need to ensure respect for
all human rights and the rule of law, including respect for fundamental principles and
rights at work and for International Labour Standards as provided under the Preamble
and Paragraphs 7(b) and 43.39

This standard outlines a strategic approach to crisis response, including the adoption
of a phased multi-track approach implementing coherent and comprehensive strategies
for enabling recovery and building resilience that include: stabilizing livelihoods and
income through immediate social protection and employment measures; promoting
economic recovery for employment and decent work opportunities and socio-
economic reintegration; promoting sustainable employment and decent work, social

39
Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205)

17
protection and social inclusion, sustainable development, the creation of sustainable
enterprises, in particular small and medium-sized enterprises, the transition from the
informal to the formal economy, a just transition towards an environmentally
sustainable economy and access to public services; conducting employment impact
assessments of national recovery programmes; providing guidance and support to
employers to enable them to take effective measures to identify, prevent, mitigate and
account for how they address the risks of adverse impacts on human and labour rights
in their operations, or in products, services or operations to which they may be directly
linked; promoting social dialogue and collective bargaining; building or restoring
labour market institutions, including employment services, for stabilization and
recovery; developing the capacity of governments, including regional and local
authorities, and of employers’ and workers’ organizations; and taking measures, as
appropriate, for the socio-economic reintegration of persons who have been affected
by a crisis, including through training programmes that aim to improve their
employability as provided under paragraphs 8 and 9.40

This standards further requires the government to ensure basic income security, in
particular for persons whose jobs or livelihoods have been disrupted by the crisis;
develop, restore or enhance comprehensive social security schemes and other social
protection mechanisms, taking into account national legislation and international
agreements; and seek to ensure effective access to essential health care and other basic
social services, in particular for population groups and individuals who have been
made particularly vulnerable by the crisis as provided under paragraph 21.41

3.2.2 The Medical Care and Sickness Benefits Recommendation, 1969 (No. 134)

Under paragraph 8 of the Medical Care and Sickness Benefits Recommendation 42

provides that workers who are absent from work for the purpose of quarantine or for
undergoing preventive or curative medical care and whose salary is suspended should
be granted (sickness) cash benefit.

40
Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205)
41
Ibid
42
1969 (No. 134)

18
3.2.3 Termination of Employment Convention of 1982 (No. 158)

Under Article 4 of this convention restricts the employer from terminating the
employee unless there is a valid reason for such termination connected with the
conduct or capacity of the worker or based on the operational requirements of the
undertaking, establishment or service.

Furthermore, under Article 6(1) of the same convention provides that the temporary
absence from work because of illness or injury shall not constitute a valid reason for
termination.

3.3 Domestic laws

3.3.1 The Employment and Labour Relations Act [Cap 366 R.E 2019]

This is an Act established for the purpose of making provisions for core labour rights,
to establish basic employment standards, to provide a framework for collective
bargaining, to provide for the prevention and settlement of disputes, and to provide for
related matters. This Act has not covered anything in respect of what to do by the
employers and the employees where the pandemic diseases like Covid-19 erupts.

However, under section 32 of the Employment and Labour Relations Act 43 which
entitles the employee to the sick leave. According to the provided provision of the law,
where the employee is in sick leave, he is entitled to the payment of the salary and
other money spent for the treatment.

3.3.2 Institutional Framework

There are some institutions in Tanzania established under the laws governing
employment as follows

43
[Cap 366 R.E 2019]

19
3.3.2.1 Tanzania Union of Industrial & commercial workers (TUICO)

Is an independent union that organize workers from commercial, financial institutions,

services and consultancy which was established in 1995 in order to provide services
to employees in small, medium and large manufacturing and processing industry. The
institution deals with representing members in the case of dispute between employer
and employee, educating members on their rights and obligations and educating
members on their rights and obligations44 that is even though the institution provide
services on employment but TUICO does not provide for the protection of the
employment of the workers during pandemic diseases such as COVID-19 that is even
the presence of institutions but they are not dealing with protecting the workers
during pandemic diseases such as COVID-19.

3.3.2.2 Researchers Academician and Allied Workers Union (RAAWU)

This institution was established in April 2001 and registered in May and later updated
its registration under the Employment and Labour relation Act of 2004. Its objective
is to coordinate the trade union movement in the country which also affiliates other
institutions such as Tanzania Teachers Union(TTU),Tanzania Union of Industrial and
Commercial Workers Union(TUICO), Researchers, Academicians and Allied
workers Union (RAAWU), Tanzania Local Government workers Union (TALGWU),
Tanzania Union of Government and Health Employees (TUGHE), Conservation,
Hotels, Domestic and Allied Workers Union(CHODAWU) and Communication and
Transport Workers Union of Tanzania (COTWUT)45. The institutions objective is to
collaborate and creating stable relationship between employees and employers and
sustainable jobs but the institutions does not provide for laws on the protection of
employment during pandemic diseases to workers or employers during employment
such as COVID-19.

44
https://www.tuico.or.tz>sector accessed on 11 st March 2023 at 7:00 PM
45
https//www.sua.co accessed on 11st March 2023 accessed on 6:30 PM

20
 CHAPTER FOUR

DATA PRESENTATION, ANALYSIS AND DISCUSSION OF FINDINGS

4.1 Introduction

This chapter deals with presentation and discussions of the results of this study that
focused on analysis of the law in protecting employment during pandemic diseases:
case study: Covid-19 in Tanzania.

The findings are based on the main objective and specific objectives of the study which
were to make analysis of law in protecting employment during pandemic diseases
(Covid-19), to assess the role played the law in protecting employment during
pandemic diseases (Covid-19) and to assess the legal frame work of the employment
laws on whether provides the legal protection of employment during pandemic
diseases. This chapter covers introduction, presentation of findings and data analysis
ad conclusion.

4.2 Presentation of findings and data analysis

The methods applied by the researcher in collecting data were, documentary reviews,
interviews and questionnaires. From those methods, the researcher has collected
information which may enable the reader to understand the essence of this research. In
collecting data, the researcher was guided by the hypothesis that the law does not
protect employment during pandemic diseases and that the legal frame work of the
employment laws does not provide the legal protection of worker’s employment
during pandemic diseases (Covid-19).

4.2.1 The labour institutions does not protect worker’s employment during
pandemic diseases

The researcher wanted to know from the respondents their views on the issue as to
whether the labour institution does not protect worker’s employment during pandemic
diseases (Covid-19). The researcher applied interviews, questionnaires and
documentary reviews while collecting data on this hypothesis.

21
Responding to this hypothesis, 2 of the respondents was of the views that, the labour
institutions protect worker’s employment during pandemic diseases. One of the
respondents who are an arbitrator of the CMA was of the views that, employees who
were unfairly terminated because of absence from work for self-quarantine
themselves, the CMA was deciding in favour of the employees and ordered the
employer to pay compensation the employee for unlawful termination.

“Sometimes on May 2020 I was assigned to determine the labour

dispute whereby the employee was claiming to be unfairly terminated
on the reasons that he was absent from work. In the process of hearing,
the employee testified on oath that at the time he was absent he was
suffering from Covid-19 and he was advised to self-quarantine for 14
days. The employee for the purpose of proving this produced a medical
certificate showing that he was suffering from Covid-19 and required
to self-quarantine for 14 days. Due to this, I made an order that the
employee be reinstated or in alternative to be paid 100 months’ salary
as compensation for being unfairly terminated”.46

On the other hand, 8 employees and three leaders of different trade union responded
to this hypothesis in general views by stating that the labour institutions does not
protect workers during pandemic diseases.

And finally, 2 labour officers did not make any response to the questionnaires supplied
to them, hence the researcher did not have data or answers form these 2 respondents.

Despite of data collected from the respondents as indicated above, the researcher also
passed through case laws to find out what the labour institutions decided where faced
with the cases related to the title of this research.

In the case of Anyelwisye M. Melele & 43 Others V. Southern Sun Hotel Ltd & 29
Others47 the applicants were employed by the 1st respondent and were paid on monthly
basis. Contrary to their employment contract, on 27 th April, 2020, following Covid-19

46
Interview with an Arbitrator conducted at CMA Mbeya Region on 7 th March, 2022
47
Revision No. 258 of 2021, HCTLabour Division at DSM (Unreported) at page No.14

22
pandemic, the applicants received a salary cut of 80% each from their basic salary and
were ordered to work from home. The applicants were not happy with the salary cuts
without prior information. They therefore filed a labour dispute against the respondents
at CMA. The award was in favour of the respondents. The applicants were aggrieved,
hence this application. The High Court held that;

Dealing with the last issue, as the CMA record shows, each of the
applicants had own salary. The deduction from their salary started
from April to November, 2021 which is 8 months in total. For that
matter, all applicants had salary cuts for that period without
justification. The same should be paid their 80% as from April, 2021 to
November, 2021.

In another case of Msimbazi Greek Housing Estate Ltd V. Johnson Edson Kategela 48
the records show that on 06th January 2020, applicant entered a fixed term contract
with the respondent as electrical engineer, but the said contract was terminated on 20 th
July 2020. Aggrieved by the said termination, on 2nd September 2020, respondent filed
Labour Complaint before the Commission for Mediation and Arbitration henceforth
CMA at Ilala complaining that his employment was unfairly terminated.

After completion of the hearing, an Arbitrator issued an award that termination of

employment of the respondent was unfair for want of reasons and awarded the
respondent to be paid TZS 18,000,0000/= as 12 months' salary compensation. The
applicant aggrieved by the said award and hence decided to seek remedy by way of
revision to the High Court.

On hearing of the application, the applicant submitted that reason for termination was
operation requirement due to the impact of Covid-19 pandemic. Counsel criticized the
arbitrator that he ignored the evidence relating to impact of Covid-19 pandemic to the
business environment as was testified by the applicant but chose to accept evidence of
the respondent who testified that business was good. And that, the arbitrator failed to
take judicial note of a facto r that affected the operating environment of the applicant

48
Revision Application No. 64 of 2022, HCT Labour Division at DSM (Unreported) at page No. 9

23
but considered extraneous factors relating to contracts the applicant entered with
various persons or entities. The court while dismissing an application held that;

“That being the position of the law, submissions that respondent was
terminated due to operational requirement associated with Covid-19
pandemic lacks merit. There is no evidence showing how financial
constraint was the cause of termination of just a single employee of the
applicant namely the respondent alone and not others. More so, it was
not stated by applicant how absences of tenants were the cause of the
selective termination of the respondent alone”.

In another case of Manpower Solution Ltd V. All Salimu Sege49 the applicant in this
case is a company dealing with recruiting people to work with Bonite Bottlers Ltd.
The respondent was employed through the applicant to work as a Bottle Inspector at
Bonite Bottlers Co. Ltd since 1stJuly, 2012 until 5th June, 2020 when he was retrenched
on the ground of low production due to COVID-19. According to respondent the
termination was unfair, he was not paid his dues thus he filed his complaint at the
CMA claiming for compensation for unfair termination. On the other side the applicant
alleged that, due to COVID-19, production decreased at Bonite Bottlers Co. Ltd hence
the employees were asked to work and be paid as vibarua. The respondents refused
and claim to end his contract which they did by giving him all his dues, the termination
letter and clean Certificate of Service. Thus, the applicant was of the view that he was
fairly terminated. The CMA decided on respondent's favour by declaring that the
termination was unfair hence the applicant made an application for revisionto
challenge the Award in its entirety.

After considering the submissions by both parties, the court dismissed the application
and held that; “in light of the above, it is my considered opinion that, the reason as
well as the procedure used to terminate the respondent's employment was not fair”.

49
Labour Revision No. 39 of 2020 HCT Labour Division at Moshi (Unreported) at Pg. No. 8

24
Basing on the response from the respondents and the documentary reviews collected
through case laws, it is the finding of the researcher that the labour institutions protect
worker’s employment during pandemic diseases.

4.2.2 The legal frame work of the employment laws does not provide the legal
protection of worker’s employment during pandemic diseases.

Responding this hypothesis, 13 respondents which had the views that the laws and
regulations governing employment and labour relations does not provide the legal
protection of worker’s employment during pandemic diseases. These respondents
stated that when you pass through the laws governing employment and labour relations
there is no provisions covering the protection of the worker’s employment during
pandemic diseases.

On the other hand, responded that they do not know as to whether the legal frame work
of the employment laws provide the legal protection of worker’s employment during
pandemic diseases or not.

Furthermore, 2 respondents did not make any response to the questionnaires supplied
to them, hence the researcher did not have data or answers form these 2 respondents.

From the foregoing data collected from the respondents, the researcher finds that the
legal frame work of the employment laws does provide the legal protection of worker’s
employment during pandemic diseases.

25
 CHAPTER FIVE

SUMMARY, CONCLUSION AND RECOMMENDATIONS

5.1 Introduction

This chapter presents a summary for the study, conclusion and recommendations based
on the findings presented and discussed in chapter four.

5.2 Summary of the study

The study focused on analyzing of the law in protecting employment during pandemic
diseases (Covid-19). Two specific objectives and two research hypotheses were
employed to accomplish the study. From them the researcher sought to explore
whether the law does not protect worker’s employment during pandemic diseases and
whether the legal frame work of the employment laws such as labour institutions does
not provide the legal protection of worker’s employment during pandemic diseases.
The study involved 15 respondents; these formed a study sample which helped the
researcher to arrive to some conclusions. The labour officers, Arbitrators, employees
and leaders of trade unions.

The researcher employed various methods in data collection, which include

questionnaire, interviews and documentary review. Purposive/ sampling were used to
select sample. The qualitative methods were employed and applied in the analysis of
the obtained data.

The study revealed that, the analysis of the law in protecting employment during
pandemic diseases and that the Institutional frame work of the employment laws does
provide the legal protection of worker’s employment during pandemic diseases.

5.3 Conclusion

From findings of the study therefore, it can be deduced that the law in protecting
employment during pandemic diseases and that the Institutional frame work of the

26
employment laws does provide the legal protection of worker’s employment during
pandemic diseases.

It is imperative consequently that stakeholder come up and review available policies,

acts, strategies and regulations so that they can make some advancement on the issue
of the protection of the employment during pandemic diseases.

5.4 Recommendations

In light of the above remarks, the following recommendations might be useful to

lawmakers and are suggested;

i. Laws governing Employment and Labour Relations Act must be amended for
the purpose of adding provisions which protects worker’s employment during
pandemic diseases. This might be very useful as the employee’s employment
and benefits will not be at risk during pandemic diseases like Covid-19.
That is in order for the workers to be protected there shall be amendments of
Employment and Labour Relations Act which shall add provisions which
protect worker’s employment during pandemic diseases for the safety of
worker’s employment for their better working standards.
ii. Trade unions should be firm in protecting the interests of their member
employees at their working places during pandemic diseases.
iii. Lawmakers should make an amendment of the employment and labour
relations laws so that can add provisions restricting the employers from
terminating their employees due to pandemic diseases like Covid-19.

27
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29