RELEVANT LAWS
In Tanzania the core labour rights, basic employment standards and other related employment aspects are regulated by the ELRA, LIA and the ELRA Code. All these laws are referred to when handling any matter relating to employment in Tanzania.
The ELRA provides the fundamental rights and protections for employees such as prohibition of forced labour, discrimination and the right to freedom of association. It also sets out the employment standards in Tanzania such as, working hours, remuneration, leave entitlement and termination. This law also caters for trade unions, employer associations and federations, collective bargaining, organization rights, strikes and lock-outs. Finally it also provides for dispute resolution in the event of a conflict between the employer and employee which is carried out through mediation, arbitration and adjudication.
The LIA provides for the establishment of labour institutions, their functions, powers, duties and other related matters. It provides for the Labour, Economic and Social Council, the Commission for Mediation and Arbitration, the Labour Court, the Essential Services Committee, Wages Board, administration and inspection.
The ELRA Code was published in the form of subsidiary legislation pursuant to the ELRA. The Code provides for the rules governing various employment aspects applicable to all employees, employers, trade unions, employer organizations, mediators, arbitrators, assessors, judges and government officials. The ELRA Code includes provisions on the forms and procedures of termination, severance pay, suspension, workplace discrimination, strikes and lock-outs and collective bargaining.
Contracts of Employment (ELRA Sections 14 – 15)
The contract used to engage employees should be compliant with the provisions of the ELRA. Three types of employment contracts are recognized under the law being the following:
- A contract for an unspecified period of time, that is, an indefinite contract;
- A contract for a specified period of time for professionals and managerial cadre, that is, a definite contract for a specific category of employees;
- A contract for a specified task.
The above types of employment contracts are the only ones recognized under ELRA. Contracts for an unspecified period of time are normally contracts for non-professional employees and unskilled workers. Contracts for a specified period of time are only available for professional employees and those employees who are employed to fulfill managerial posts. The contract for a specific task is generally for employees who are engaged specifically to perform a certain task and upon the completion of that task the contract is terminated.
Any employment contract not falling within these categories of contracts is not legally recognized in Tanzania.
Although there is no positive duty to have a written contract of employment with an employee apart from employees who are contracted to work outside the United Republic of Tanzania, employers must provide all employees with a “Written Statement of Particulars” if their employment contracts do not provide these particulars. The necessary particulars are: –
- Name, age and permanent address and sex of the employee
- Place of recruitment
- Job description
- Date of commencement
- Form and duration of the contract
- Place of work
- Hours of work
- Remuneration, the method of its calculation, and details of any benefits or payments in kind; and
- Any other prescribed matter.
Thus, an employer must ensure that the above terms are made in writing, whether in a contract of employment or in the form of written statement of particulars.
Employers are required to explain the terms of employment to employees who do not understand the written particulars in a manner that he or she understands. It is recommendable to obtain a declaration from the employee, whether in the contract of employment or separately, to the effect that he or she has understood the terms of employment.
Changes to the written statement of particulars whether contained in a stand-alone document or in a contract of employment are to be in writing and notified to the employee. It is recommendable to have any such changes signed by the employer and employee to signify their acceptance to the changes.
Generally, the law does not differentiate between the three types of contracts of employment and therefore the conditions of employment referred to below apply equally to all contracts unless otherwise stated.