• Employment Contract
• Recruitment and Appointment Policy
• Employment Rights
• Trade Unions and Collective Bargaining
• Strikes and Lockouts
• Unfair Termination of Employment
• Hours of Work and Leave Matters
• Grievance and Disciplinary Procedures
• Dispute Resolution
• Workplace Offences
• Confidentiality Clause

Overview

It is vital for every employer to understand the laws governing employment and labor relations in Tanzania. The Employment and Labour Relations Act, CAP- 366 R.E 2019 is the main law governing the relationship between employers and employees, employers and trade unions, employers and regulatory bodies, government agencies on legal compliances. The law provides for a legal framework for handling all employment relations, disputes resolution, unfair labor practices and compliances. It’s the duty of every employer in an organization to familiarize themselves with the basics in order to avoid employment disputes. Below are some of the key aspects of under the Tanzanian Employment Law.

1. Employment contract

This is an important document shared by the employer to the employee immediately after accepting the job offer. It covers the rights and obligations of the employer and employee rights such as terms and conditions, the form of employment (permanent/fixed term/ part-time or casual). It should provide probationary period, place of recruitment, job description, commencement date, place and hours of work, salary, annual leave, sick leave, maternity leave, working hours. A contract is vital in case of any disputes both parties can always refer to the terms of the contract. Employers must provide written employment contracts to employees except those working less than 6 months.

2. Recruitment and Appointment Policy

An employer should have a recruitment policy indicating that the employer is an equal opportunity organization, and that the recruitment process is on merit only without discrimination as to race, age, color, tribe, religion, marital status, gender, disability etc.

3. Employment Rights

Employees have the right to freedom of association, and trade unions, minimum pay extra, contract of service, certificate of service on ceasing of employment, overtime, right to be repatriated to a place of recruitment upon ceasing of employment.

4. Trade Unions and Collective Bargaining

Employers should let employees join trade unions so as to lay a foundation of collective bargaining relationship with the employer.  Without it, employees will not be able to negotiate with their employer collectively. Companies should understand their obligations towards employee trade unions and associations, collective bargaining agreements. This brings about harmonious working relationships. Employers must allow trade unions representatives access to their premises, deductions of trade union dues and leave for trade union activities.

5. Strikes and Lockouts

The legislation recognizes the right to strike and lockout under certain circumstances, although this right is restricted in order to maintain industrial harmony.

6. Unfair Termination of Employment

Unfair termination is prohibited by the law. Employees have the right to remedy if they believe that their termination was unfair and unjust. Any mistakes in the course of employment could put the employer at jeopardy for claims to be instituted against them at the Commission of Mediation and Arbitration. It is vital for employers to know the standards and procedures for termination so as it’s fair and just.

7. Hours of Work and Leave Matters

The Law provides that, an employees should work 45 hours per week excluding overtime. An employee is entitled to sick leave, annual leave, maternity/ paternity leave, compassionate leave, bereavement leave, study leave, relocation leave, unpaid / special leave.

8. Grievance and Disciplinary Procedures

Grievances in the workplace should be properly addressed. Employers should put in place policies and procedures for handling grievances before they arise into major issues which may become complex to solve later on. Proper disciplinary procedures will help regulate the standard of conduct acceptable in a workplace to ensure standard services are provided at workplace and also reasonable acceptable behavior.

9. Dispute Resolution

Employers should be aware of putting internal mechanisms / avenues of addressing grievances and seeking viable remedies. If internal mechanism fails, then external dispute mechanisms may apply. These may be time-consuming and expensive hence it’s advisable to include a dispute resolution clause to avoid resorting to outside bodies for resolutions.

10. Workplace Offences

Any prudent employer should specify offences and the categories at the workplace that may lead one to being terminated or given a warning. The employer should put in place appropriate disciplinary action in the event of committing an offence.

11. Confidentiality Clause

The employer should make it known to the employees about confidential information for example regarding salaries, trade secrets and competitors. Such information should be clearly state such a clause in the employment contract. In addition, the employer should have a confidential policy in place to be adhered to by all employees.

Disclaimer: This article is authored by Irene Gunze, an Advocate and Head of Corporate Services from Rive & Co, a new and innovating law firm as a result of the partnership between ABC Attorneys, Sepia Attorneys and Stallion Attorneys, built on the foundation of trust, credibility, and novelty, offering expert legal solutions.  This Article is for informational purposes only and should not be construed as legal advice. It is recommended to consult with a qualified legal professional for advice specific to your situation.