1.

Introduction

Labour law also known as employment law deals with the body of laws, administrative rulings
and precedents which addresses the legal rights of and restrictions on working people and their
organizations1. The direct function of labour law is that it deals with the rules governing
employment relationship. Labour law functions through the role accorded by common law,
legislation and is helped also by the extra legal sources such as the customs and collective
bargaining. Labour law is divided in to two broad categories namely collective and individual
labour law2. Collective labour law deals with the relationship concerning employer, employee
and the trade unions, however the individual labour law deals with the rights of employees
contact and his rights at work.

One of the oldest modes which worked through in establishing a relationship between
employer and employee was collective bargaining. Collective bargaining is the process of
negotiation between an employer or employers and trade union. Collective bargaining produce
agreed agreements which state the terms and conditions which would govern the employer
and employee relationship3.

Why do we need labour law?

The Labour law acts as a tool to promote worker empowerment as well as worker protection. 4
It regulates individual and collective employment relations. Other relevant legislation includes
Constitutional law, the civil code, the criminal code as well as the supranational ILO
Conventions. Labour law aims to correct the imbalance of power between the worker and the
employer; to prevent the employer from dismissing the worker without good cause; to set up
and preserve the processes by which workers are recognized as 'equal' partners in negotiations
about their working conditions etc5.. Labour law aims to prevent a race to the bottom by
placing restrictions on the contracting partners’ freedom to contract on whatever terms they
wish, and setting minimum standards over safety and pay. Labour law also regulates the labour
market: a country may choose to put legislation in place setting maximum or minimum limits on
wages or working hours, either nationally or in particular sectors or industries.
1
Bob hepple, the making of labour law in Europe 1986

2
ibid, pg 125-134

3
David E, Labour Law, 2012

4
Kenneth G, Labour law in contemporary workplace 2021 9th ed,

5
ibid, pg 245-246
2.Main Body

2.1. Historical Background Of Labaour Law

2.2 In Pre-Colonial Era

At this period there were no workers or employers Organizations as labour relations or the two
classes were either not in existence or existed in nascent (rudimentary) stage 6. In brief most of
the pre colonial communities as Tulia(2012: 191) put it were classless characterized by
reciprocity and mutually between members with neither wage labour nor permanent and semi-
permanent employees, save for domestic slaves at later stages of development.

2.3 Colonial Period

Tanzania formally Tanganyika and Zanzibar unlike any other East African country, suffered two
successive colonial masters, The Germans from 1884 to 1919 and British from 1919 until the
time of Independence in 1961. This is the period when capital symbolized by the colonialists it
was introduced into colonial Tanganyika. During this period there was a class of peasants and
class of Landlords. The colonialists labour through legislation known as ordinances. The colonial
masters passed a number of Ordinances to regulate the relationship between the newly
created class of semi-proletariats (workers)7. The colonial statutes played a major role in
facilitating the aims of colonialism because of the nature of the the relationship between the
colonialists and the the labourers. Thus the labour relations were imposed into the territory by
force and they carried penal sanctions through labour legislation. Such Ordinances includes The
Master and Servant (Written Contracts) Ordinance CAP 79, Employment of Women and Young
Persons Ordinance CAP 82, The Master and Native Servant (Recruitment) Ordinance CAP 80,
The Porters (Restriction on Employment Ordinance) CAP 1718. It can be observed that most of
these statutes were of criminal nature. That is to say they failed to observe them, they
amounted into a criminal offence. This reflects the objectives of colonial labour legislation, that
is to safeguard the interest of the colonial masters. Therefore, the laws were strict to ensure
that the colonial interests are met even if this resulted to ill treatment of the workers.

2.4 The time close to the independence 1940's and After Independence 1960's to early 2000's

6
Mihayo, Labour Unrest and the quest for workers in Tanzania 1974.

7
Rwekeza S. M, Trade Unions In Tanzania 1999

8
Shivji, I.G. Law, state and the working class in Tanzania 1986.
In 1940's Tanganyika labour movement started. By 1947 different trade unions were registered
by the authorities. The colonial masters reacted the creation of unions in Tanganyika by
enacting laws which allowed it to keep tabs on the movement, example Registration of Unions
became obligatory. Examples of these trade unions includes TFL Tanganyika Federation Of
Labaour, in 1955, NUTA National Union Tanganyika Workers, JUWATA Jumuiya ya Wafanyakazi
Tanzania in 19799. All these were formed in pre independence period and during independence
period but they still failed to promote the balance between employer and employee
relationship and such a like thus why they decided to come up with reforms in 2000's as
explained in below but at least they had a little fairness compared to those of colonial period.

3. REFORMS MADE IN LABOUR LAW IN TANZANIA

3.1 Before explaining the issue of reforms there are various internal and external factors that
contributed to the reforms of the Labour Law in Tanzania, includes De-linking trade unions
from the ruling party, policy changes from planned to market economy, Regional and sub-
regional department, these stands as external factors. Internal factors includes some legislation
are incompatible with the relevant ILO standards, The Industrial relations is weak and
bureaucratic and such like.

Reforms Now

The reforms of Labour Law in Tanzania began in October, 2001 when the minister for Labour,
Youths development and sports appointed a task force chaired by Hounarable Mr. Justice
Mrosso of the Court of Appeal of Tanzania to review Labour market policies, labour laws and
institutions and to make recommendations to the minister10. Following the task forces
recommendations on those areas which are Employment law, Labour relations law, Dispute
prevention and settlement machinery, The legal structures and regulatory framework, Workers
compensation and Employment Promotion where by two Bills were prepared and finally
enacted, where by in 2004 two legislations were passed by the Parliament to repeal and replace
most of the Labour legislation in the country which have become Obsolete due to these
changes. The legislations are The Employment and Labour Relations Act, 2004. Labour
Institutions Act, 2004.

3.2 The Employment and Labour Relations Act, was introduced in 2004 and became effective
in 2007. It addressed such issues as leave wages, severance pay, martenity, contracts, and

9
Rwekeza S. M, Trade Unions In Tanzania 1999.

10
Report On the implementation of the investment policy review, 2011
collective bargaining. Some of the provisions related to termination and hiring Include a
probation where unfair termination does not apply to workers employed for six months or less
and fair termination being deemed to be related to the employees conduct, capacity or
compatibility or being based on the operational requirements of the employer11.

3.3 Labour Institutions Act this was also established in 2004, this Act played many roles like the
Establishment of The Council For Labour, Economic and Social matters 12. Under section 3 of
the Labour Institutions Act. With the main fuctions like, To advice Minister on National
Labour market policy, as it's provided under section 5(i) (b), also the promotion of a co-
ordinated policy on labour economic and social matters. Also under section 29 The Essential
Service Committee Within The Commission. Which has the roles like to determine disputes
about whether or not an employee or employer is engaged is a designated essential service,
to designate essential services in terms of section 76(3) of Employment And Labour Relations
Act. Also under section 12 it established a Commission For Mediation And Arbitration. Which
have the Functions like, to meditate any dispute referred to it in terms of any labour law.
These all came after the recommendations made from 2000's by Justice Mrosso, where by all
these were not found before this bill passed.

3.4 Last but not least let me introduce some of the fuctions, features or significant changes
brought to by these two Bills after they have been established in 2004.

They abolished unfair termination of employment as it is provided under section 37(1) of the
Employment and Labour Relations Act which states that "it shall be unlawful for an employer to
terminate an employee unfairly "13 also helped to set standard and favorable times of work in
section 19(1) of the Act which explains that a person shall not require or permit an employee to
work more than 12 hours in any day, abolished child labour in section 5(1) of the Act, promoted
the issue of collective bargaining under section 66( a) (i) and (ii) of the Act, also promote good
Governance, sound labour relations and such a like.

4. Conclusion

11
Report on the implementation of the new investment policy review 2011 at page 12

12
Labour Institutions Act [CAP 366 2004]

13
Employment And Labour Relations Act 2004
Therefore, the historical trajectory of labor law in Tanzania reveals a transformative narrative,
and pivotal reforms were instituted through the Labor Institutions Act and the Employment and
Labour Relations Act in 2004. These landmark legislations marked a turning point by
establishing robust frameworks for fair employment practices, dispute resolution, and
safeguarding workers' rights. The Labor Institutions Act, with its emphasis on institutionalizing
labor standards, and the Employment and Labour Relations Act, which streamlined employer-
employee relations, collectively strengthened the legal foundation for a more equitable and
transparent labor environment in Tanzania. As the nation strives for socio-economic progress,
these legislative strides signify a commitment to ensuring that the rights and welfare of the
workforce are not only protected but also aligned with contemporary global labor standards.

REFERENCES
Statutes

Employment And Labour Relations Act 2004

Labour Institutions Act 2004

Books

Shivji, I.G (1986) Law, State and the working class in Tanzania. TPH. Dar es salaam

Hepple, B. (1986) The Making Of Labour law in Europe. Kluwer Law international. Netherlands

Rwekeza, S. M. (1999) Trade Unions in Tanzania, Tanzania Federation Of Trade Unions (TFTU).
University of Dar es salaam. Dar es salaam.

Orde-Brown, G. (1933).The African Labourer. Cass. London

Report (s)

Report on the implementation of the investment policy review 2011 at page 12

Table of contents

1. Introduction

2. Main Body

2.1 Historical background in Pre-Colonial Era

2.2 Historical background in colonial era

2.3 Historical Background in pre-independence and during the independence period

3.0 and 3.1 Factors that facilitated reform and Reforms it self

3.2 Employment And Labour Relations Act

3.3 Labour Institutions Act

3.4 Significant Changes Brought by the Reforms or Establishment of those two Bills

4. Conclusion