©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 115 CHAPTER 366 THE EMPLOYMENT AND LABOUR RELATIONS ACT [PRINCIPAL LEGISLATION] Arrangement of Sections Section Title� part i PRELIMINARY PROVISIONS 1. Short title. 2. Application. 3. Objects. 4. Interpretation. part ii FUNDAMENTAL RIGHTS AND PROTECTIONS Sub-Part A – Child Labour 5. Prohibition of child labour. Sub-Part B – Forced Labour 6. Prohibition of forced labour. Sub-Part C – Discrimination 7. Prohibition of discrimination in workplace. 8. Prohibition of discrimination in trade unions and employer associations. Sub-Part D – Freedom of Association 9. Employee’s right to freedom of association. 10. Employer’s right to freedom of association. 11. Rights of trade unions and employers’ associations. Sub-Part E – Access to Health Insurance 12. Access to health Insurance. PART III EMPLOYMENT STANDARDS Sub-Part A– Preliminary 13. Application of this Part. 14. Employment standards. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 116 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] 15. Contracts with employees. 16. Written statement of particulars. 17. Informing employees of their rights. Sub-Part B – Hours of Work 18. Application of this Sub-Part. 19. Interpretation. 20. Hours of work. 21. Night work. 22. Compressed working week. 23. Averaging hours of work. 24. Break in working day. 25. Daily and weekly rest periods. 26. Public holidays. Sub-Part C – Remuneration 27. Calculation of wage rates. 28. Payment of remuneration. 29. Deductions and other acts concerning remuneration. Sub-Part D – Leave 30. Application of this Sub-Part. 31. Interpretation of this Sub-Part. 32. Annual leave. 33. Sick leave. 34. Maternity leave. 35. Paternity leave and other forms of leave. Sub-Part E–Unfair Termination of Employment 36. Application of this Sub-Part. 37. Interpretation. 38. Unfair termination. 39. Termination based on operational requirements. 40. Proof of unfair termination proceedings. 41. Remedies for unfair termination. Sub-Part F- Other Incidents of Termination 42. Notice of termination. 43. Severance pay. 44. Transport to place of recruitment. 45. Payment on termination and certificates of employment. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 117 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] PART IV TRADE UNIONS, EMPLOYER ASSOCIATIONS AND FEDERATIONS 46. Obligation to register. 47. Requirements for registration. 48. Constitutional requirements. 49. Process of registration. 50. Effect of registration. 51. Change of name or constitution. 52. Accounts and audit. 53. Duties of registered organisations and federations. 54. Non-compliance with constitution. 55. Amalgamation of registered organisations and federations. 56. Cancellation of registration. 57. Dissolution of trade union or employer’s association. 58. Appeals from decisions of the Registrar. 59. Publication in Gazette. PART V ORGANISATIONAL RIGHTS 60. Interpretation. 61. Access to employer’s premises. 62. Deduction of trade union dues. 63. Trade union representation. 64. Leave for trade union activities. 65. Procedure for exercising organisational rights. 66. Termination of organisational rights. PART VI COLLECTIVE BARGAINING 67. Interpretation. 68. Recognition as exclusive bargaining agent of employees. 69. Duty to bargain in good faith. 70. Withdrawal of recognition. 71. Obligation to disclose relevant information. 72. Binding nature of collective agreements. 73. Agency shop agreements. 74. Workers’ participation agreements. 75. Disputes concerning collective agreements. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 118 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] PART VII STRIKES AND LOCKOUTS 76. Right to strike and lockout. 77. Restrictions on the right to strike or lockout. 78. Essential services. 79. Disputes of interest in essential services. 80. Minimum services during strike or lockout. 81. Procedure for engaging in lawful strike. 82. Procedure for engaging in secondary strike. 83. Procedure for engaging in lawful lockout. 84. Nature of protection for lawful strike or lockout. 85. Strikes and lockouts not in compliance with this Part. 86. Protest action. PART VIII DISPUTE RESOLUTION Sub-Part A – Mediation 87. Referral of disputes for mediation under this Act. 88. Consequences of not attending mediation hearing. Sub-Part B – Arbitration 89. Resolving disputes by compulsory arbitration. 90. Effect of arbitration award. 91. Correction of arbitration award. 92. Revision of arbitration award. 93. Application of Arbitration Act. 94. Voluntary arbitration. Sub-Part C. Adjudication 95. Jurisdiction of Labour Court. Sub-Part D – Dispute Procedures in Collective Agreements 96. Dispute resolution procedures in collective agreements. PART IX GENERAL PROVISIONS 97. Records to be kept by employers and employees. 98. Service of documents. 99. Regulations. 100. Guidelines and codes of good practice. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 119 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] 101. Exemptions. 102. Confidentiality. 103. Penalties. 104. Inconsistency with written Laws. 105. Repeal and amendment of laws and savings provisions. SCHEDULES ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 120 PART I PRELIMINARY PROVISIONS 1. This Act may be cited as the Employment and Labour Relations Act. 2.–(1) This Act shall apply to all employees including those in the public service of the Government of Tanzania in Mainland Tanzania but shall not apply to members, whether temporary or permanent, in the service of: (a) the Tanzania Peoples Defence Forces; (b) the Police Force; (c) the Prisons Service; (d) the National Service; (e) the Fire and Rescue Force; or (f) the Immigration Services Department. (2) The Minister may, after consultation with the Council and the relevant Minister responsible for the service or services excluded under subsection (1) of this section, by notice published in the Gazette, determine the categories of Short title Application Acts Nos. 8 of 2021 s. 17 9 of 2021 s. 22 CHAPTER 366 THE EMPLOYMENT AND LABOUR RELATIONS ACT An Act to make 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. [20th December, 2006] [GN. No. 1 of 2007] Acts Nos. 6 of 2004 8 of 2006 21 of 2009 2 of 2010 11 of 2010 17 of 2010 24 of 2015 4 of 2016 8 of 2021 9 of 2021 13 of 2023 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 121 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] employees employed in the said services who may be excluded services to whom this Act may apply. (3) The provisions of sections 5, 6 and 7 shall apply to members of the forces and services referred to in subsection (1). 3. The principal objects of this Act shall be- (a) to promote economic development through economic efficiency, productivity and social justice; (b) to provide the legal framework for effective and fair employment relations and minimum standards regarding conditions of work; (c) to provide a framework for voluntary collective bargaining; (d) to regulate the resort to industrial action as a means to resolve disputes; (e) to provide a framework for the resolution of disputes by mediation, arbitration and adjudication; (f) to give effect to the provisions of the Constitution of the United Republic of Tanzania, 1977 in so far as they apply to employment and labour relations and conditions of work; and (g) generally to give effect to the core Conventions of the International Labour Organisation as well as other ratified conventions. 4. In this Act, unless the context requires otherwise- “arbitrator” means an arbitrator appointed under section 19 of the Labour Institutions Act; “basic wage” means that part of an employee’s remuneration paid in respect of work done during the hours ordinarily worked but does not include- (a) allowances, whether or not based on the employee’s basic wage; (b) pay for overtime worked in terms of section 20(5); Objects Cap. 2 Interpretation Act No. 24 of 2015 s. 4 Cap. 300 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 122 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (c) additional pay for work on a Sunday or a public holiday; or (d) additional pay for night work, as required under section 21(4); “child” means a person under the age of 14 years: provided that for the employment in hazardous sectors, child means a person under the age of 18 years; “collective agreement” means a written agreement concluded by a registered trade union and an employer or registered employers’ association on any labour matter; “Commission” means the Commission for Mediation and Arbitration established under section 12 of the Labour Institutions Act; “complaint” means any dispute arising from the application, interpretation or implementation of- (a) an agreement or contract with an employee; (b) a collective agreement; (c) this Act or any other written law administered by the Minister; and (d) Part VII of the Merchant Shipping Act; “Council” means the Labour, Economic and Social Council established under section 3 of the Labour Institutions Act; “dispute”- (a) means any dispute concerning a labour matter between any employer or registered employers’ association on the one hand, and any employee or registered trade union on the other hand; and (b) includes an alleged dispute; “dispute of interest” means any dispute except a complaint; “employee” means an individual who- (a) has entered into a contract of employment; or (b) has entered into any other contract under which- (i) the individual undertakes to work personally for the other party to the contract; and Cap. 300 Cap. 165 Cap. 300 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 123 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (ii) the other party is not a client or customer of any profession, business, or undertaking carried on by the individual; or (c) is deemed to be an employee by the Minister under section 99(3); “employer” means any person, including the Government and an executive agency, who employs an employee; “employers’ association” means any number of employers associated together for the purpose, whether by itself or with other purposes, of regulating relations between employers and their employees or the trade unions representing those employees; “employment” means the performance of a contract of employment by parties to the contract, under employer- employee relationship; “Essential Services Committee’’ means the Essential Services Committee established under section 29 of the Labour Institutions Act; “federation” means either an association of trade unions or an association of employers’ associations; “Labour Commissioner” means the Labour Commissioner appointed under section 43(1) of the Labour Institutions Act; “Labour Court” means the Labour Division of the High Court established under section 51 of the Labour Institutions Act; “Labour matter” means any matter relating to employment or labour relations; “lockout” means a total or partial refusal by one or more employers to allow their employees to work, if that refusal is to compel them to accept, modify or abandon any demand that may form the subject matter of a dispute of interest; “mediator” means a mediator appointed under section 19 of the Labour Institutions Act; “Minister” means the Minister for the time being responsible for labour; Cap. 300 Cap. 300 Cap. 300 Cap. 300 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 124 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] “operational requirements” means requirements based on the economic, technological, structural or similar needs of the employer; “organisation” means a trade union or an employers’ association; “protest action” means a total or partial stoppage of work by employees for the purpose of promoting or defending the socio-economic interests of workers but not for a purpose- (a) referred to in the definition of strike; or (b) a dispute in respect of which there is a legal remedy; “registered organisation” means a registered trade union or registered employers’ association; “Registrar” means the Registrar appointed under section 43(2) of the Labour Institutions Act; “reinstatement” means that the contract of employment has revived with all its incidents and that the employee is entitled to all his rights during the period of absence from actual service; “remuneration” means the total value of all payments, in money or in kind, made or owing to an employee arising from the employment of that employee; ‘’strike’’ means a total or partial stoppage of work by employees if the stoppage is to compel their employer, any other employer, or an employers’ association to which the employer belongs, to accept, modify or abandon any demand that may form the subject matter of a dispute of interest; “specific task” means a task which is occasional or seasonal and is non-continuous in nature; and “trade union” means any number of employees associated together for the purpose, whether by itself or with other purposes, of regulating relations between employees and their employers or the employers’ associations to which the employers belong. Cap. 300 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 125 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] PART II FUNDAMENTAL RIGHTS AND PROTECTIONS Sub-Part A - Child Labour 5.–(1) A person shall not employ a child under the age of fourteen years. (2) A child of fourteen years of age may only be employed to do light work, which is not likely to be harmful to the child’s health and development; and does not prejudice the child’s attendance at school, participation in vocational orientation or training programmes approved by the competent authority or the child’s capacity to benefit from the instruction received. (3) A child under eighteen years of age shall not be employed in a mine, factory or as crew on a ship or in any other worksite including non-formal settings and agriculture, where work conditions may be considered hazardous by the Minister. (4) For purposes of subsection (3), “ship” includes a vessel of any description used for navigation. (5) A person shall not employ a child in employment- (a) that is inappropriate for a person of that age; and (b) that places at risk the child’s well-being, education, physical or mental health, or spiritual, moral or social development. (6) Notwithstanding the provisions of subsection (3), any written law regulating the provisions of training may permit a child under the age of eighteen to work- (a) on board a training ship as part of the child’s training; (b) in a factory or a mine if that work is part of the child’s training; or (c) in any other worksites on condition that the health, safety and morals of the child are fully protected and that the child has received or is receiving adequate specific instruction or vocational training in the relevant work or activity. Prohibition of child labour Act No. 21 of 2009 s. 172 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 126 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (7) The Minister shall make regulations- (a) to prohibit, or place conditions on the employment and training of children under eighteen years of age; and (b) to determine the forms of work referred to in subsection (5) of this Act and to make provision for the regular revision and updating of the list of hazardous forms of work. (8) It is an offence for any person- (a) to employ a child in contravention of this section; or (b) to procure a child for employment in contravention of this section. (9) In any proceedings under this section, if the age of the child is in issue, the burden of proving that it was reasonable to believe, after investigation, that the child was not under age for purposes of this section shall lie on the person employing or procuring the child for employment. (10) Without prejudice to the provisions of this section, every employer shall ensure that every child lawfully employed under this Act is protected against discrimination or acts which may have negative effect on the child taking into consideration age and evolving capacities. Sub-Part B: Forced Labour 6.–(1) A person who procures, demands or imposes forced labour, commits an offence. (2) For purposes of this section, forced labour includes bonded labour or any work exacted from a person under the threat of a penalty and to which that person has not consented but does not include- (a) any work exacted under the National Defence Act, for work of a purely military character; (b) any work that forms part of the normal civic obligations of a citizen of the United Republic of Tanzania; (c) any work exacted from any person as a consequence of a conviction in a court of law, provided that the work is carried out under the supervision and control of a Prohibition of forced labour Cap. 192 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 127 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] public authority and that the person is not hired to, or placed at, the disposal of private persons; (d) any work exacted in cases of an emergency or a circumstance that would endanger the existence or the well-being of the whole or part of the population; or (e) minor communal services performed by the members of a community in the direct interest of that community after consultation with them or their direct representatives on the need for the services. Sub-Part C: Discrimination 7.–(1) Every employer shall ensure that he promotes an equal opportunity in employment and strives to eliminate discrimination in any employment policy or practice. (2) An employer shall register, with the Labour Commissioner, a plan to promote equal opportunity and to eliminate discrimination in the work place. (3) The Labour Commissioner may require an employer- (a) to develop a plan prescribed in subsection (2); and (b) to register the plan with the Commissioner. (4) An employer shall not discriminate, directly or indirectly, against an employee, in any employment policy or practice, on any of the following grounds: (a) colour; (b) nationality; (c) tribe or place of origin; (d) race; (e) national extraction; (f) social origin; (g) political opinion or religion; (h) sex; (i) gender; (j) pregnancy; (k) marital status or family responsibility; (l) disability; (m) HIV/Aids; Prohibition of discrimination in work place ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 128 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (n) age; or (o) station of life. (5) Harassment of an employee shall be a form of discrimination and shall be prohibited on any one, or combination, of the grounds prescribed in subsection (4). (6) It is not discrimination- (a) to take affirmative action measures consistent with the promotion of equality or the elimination of discrimination in the workplace; (b) to distinguish, exclude or prefer any person on the basis of an inherent requirement of a job; or (c) to employ citizens in accordance with the National Employment Promotion Services Act. (7) A person who contravenes the provisions of subsections (4) and (5), commits an offence. (8) In any proceedings- (a) where the employee makes out a prima facie case of discrimination by the employer on any of the grounds prescribed in subsection (4), it shall be the duty of the employer to prove- (i) that the discrimination did not take place as alleged; or (ii) that the discriminatory act or omission is not based on any of those grounds; (b) employer shall prove a defence in terms of subsection (6) if the discrimination did take place on a ground stipulated in subsection (5); or (c) the Labour Court or arbitrator, as the case may be, shall take into account any plan registered with the Labour Commissioner under this section. (9) For purposes of this section- (a) “employer” includes an employment agency; (b) “employee” includes an applicant for employment; and (c) an “employment policy or practice” includes any policy or practice relating to recruitment procedures, advertising and selection criteria, appointments Cap. 243 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 129 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] and the appointment process, job classification and grading, remuneration, employment benefits and terms and conditions of employment, job assignments, the working environment and facilities, training and development, performance evaluation systems, promotion transfer, demotion, termination of employment and disciplinary measures. (10) For the avoidance of doubt every employer shall take positive steps to guarantee equal remuneration for men and women for work of equal value. 8.–(1) Trade union or employers’ association shall not discriminate, directly or indirectly, against any of the grounds prescribed in section 7(4)- (a) in its admission, representation or termination of membership; (b) in any employment policy or practice prescribed in section 7(9); or (c) in any collective agreement. (2) A person who contravenes the provisions of subsection (1), commits an offence. Sub-Part D - Freedom of Association 9.–(1) Every employee shall have the right- (a) to form and join a trade union; or (b) to participate in the lawful activities of the trade union. (2) Notwithstanding the provisions of subsection (1)- (a) a magistrate may only form or join a trade union that restricts its membership to judicial officers; (b) a prosecutor may only form or join a trade union that restricts its membership to prosecutors or other court officials; (c) a senior management employee may not belong to a trade union that represents the non-senior management employees of the employer. Prohibition of discrimination in trade unions and employer associations Employee’s right to freedom of association ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 130 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (3) A person shall not discriminate against an employee on the grounds that the employee- (a) exercises or has exercised any right under this Act or any other written law administered by the Minister; (b) belongs to or has belonged to a trade union; or (c) participates or has participated in the lawful activities of a trade union. (4) A person shall not discriminate against an official of an office bearer of a trade union or federation for representing it or participating in its lawful activities. (5) A person who contravenes the provisions of subsections (3) and (4), commits an offence. (6) For purposes of this section - (a) “employee” includes an applicant for employment; and (b) “senior management employee” means an employee who, by virtue of that employee’s position- (i) makes policy on behalf of the employer; and (ii) is authorised to conclude collective agreements on behalf of the employer. 10.–(1) Every employer shall have the right- (a) to form and join an employer’s association; or (b) to participate in the lawful activities of an employer’s association. (2) A person shall not discriminate against an employer on the grounds that the employer- (a) exercises or has exercised a right under the Act; (b) belongs or has belonged to an employer’s association; or (c) participates or has participated in the lawful activities of an employer’s association. (3) A person shall not discriminate against an official or office bearer of an employer’s association or federation for representing it or participating in its lawful activities. (4) A person who contravenes the provisions of subsections (2) and (3), commits an offence. Employer’s right to freedom of association ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 131 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] 11. Every organisation has the right to- (a) determine its own constitution; (b) plan and organise its administration and lawful activities; (c) join and form a federation; (d) participate in the lawful activities of a federation; and (e) affiliate with, and participate in the affairs of any international workers’ organisation or international employers’ organisation or the International Labour Organisation, and to contribute to, or receive financial assistance from those organisations. Sub-Part E- Access to health insurance1 12.–(1) Subject to the provisions of the Universal Health Insurance Act, the employer shall register his employee with a health insurance scheme. (2) A person who contravenes the provisions of this section commits an offence. [s. 11A] PART III EMPLOYMENT STANDARDS Sub-Part A - Preliminary 13.–(1) Subject to the provisions of subsection (2), the provisions of Sub-Parts A to D and F shall not apply to seafarers whose terms and conditions of employment are regulated under the Merchant Shipping Act. (2) Notwithstanding the provisions of subsection (1), the provisions of this Part apply to seafarers who work on fishing vessels and shall be to the extent that in the event there is any conflict between the provisions of this Act and the Merchant Shipping Act and its regulations, the provisions of this Act shall prevail. 1 This sub-part was added by Act No 13 of 2023, s. 65. Rights of trade unions and employers’ associations Access to health insurance Act No. 13 of 2023 s.65 Application of this Part Cap. 165 Cap. 165 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 132 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (3) Where the provisions of any written law relating to vocational training regulates an employment standard stipulated in section 14(1), the provisions of that other law shall apply. [s. 12] 14.–(1) Provisions of this Act on wage determination that stipulate a minimum term and condition of employment shall be an employment standard. (2) An employment standard constitutes a term of a contract with an employee unless- (a) a term of the contract contains a term that is more favourable to the employee; (b) a provision of an agreement alters the employment standard to the extent permitted by the provisions of this Part; or (c) a provision of any collective agreement, a written law regulating employment, wage determination or exemption granted under section 101 alters the employment standard. [s. 13] 15.–(1) A contract with an employee shall be of the following types: (a) a contract for an unspecified period of time; (b) a contract for a specified period of time for professionals and managerial cadre; and (c) a contract for a specific task. (2) A contract with an employee shall be in writing if the contract provides that the employee is to work within or outside the United Republic of Tanzania. [s. 14] 16.–(1) Subject to the provisions of section 20(2), an employer shall supply an employee, when the employee commences employment, with the following particulars in writing, namely- (a) name, age, permanent address and sex of the employee; Employment standards Contracts with employees Act No. 24 of 2015 s. 5 Written statement of particulars ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 133 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (b) place of recruitment; (c) job description; (d) date of commencement; (e) form and duration of the contract; (f) place of work; (g) hours of work; (h) remuneration, the method of its calculation, and details of any benefits or payments in kind; and (i) any other prescribed matter. (2) Where all the particulars referred to in subsection (1) are stated in a written contract and the employer has supplied the employee with that contract, then the employer may not furnish the written statement. (3) Where an employee does not understand the written particulars, the employer shall ensure that they are explained to the employee in a manner that the employee understands. (4) Where any matter stipulated in subsection (1) changes, the employer shall, in consultation with the employee, revise the written particulars to reflect the change and notify the employee of the change in writing. (5) The employer shall keep the written particulars prescribed in subsection (1) for a period of five years after the termination of employment. (6) Where in any legal proceedings, an employer fails to produce a written contract or the written particulars prescribed in subsection (1), the burden of proving or disproving an alleged term of employment stipulated in subsection (1) shall be on the employer. (7) The provisions of this section shall not apply to an employee who works less than 6 days in a month for an employer. [s. 15] 17. Every employer shall display a statement in the prescribed form of the employee’s rights under this Act in a conspicuous place. [s. 16] Informing employees of their rights ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 134 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] Sub-Part B – Hours of work 18.–(1) The provisions of this Sub-Part shall not apply to employees who manage other employees on behalf of the employer and who report directly to a senior management employee specified in section 9(6)(b). (2) The provisions of sections 20(1) and (3), 24(1), 25(1) and 26(1) shall not apply to work in an emergency which cannot be performed by employees during their ordinary hours of work. [s. 17] 19. For purposes of this Sub-Part- (a) “day” means a period of 24 hours measured from the time when the employee normally starts work, and “daily” has a corresponding meaning; (b) overtime” means work over and above ordinary hours of work; and (c) “week” means a period of seven days measured from the day the employee normally starts the working week and “weekly” has a corresponding meaning. [s. 18] 20.–(1) Subject to the provisions of this Sub-Part, an employer shall not require or permit an employee to work more than 12 hours in any day. (2) Subject to this Sub-Part, the maximum number of ordinary days or hours that an employee may be permitted or required to work are- (a) six days in any week; (b) 45 hours in any week; and (c) nine hours in any day. (3) Subject to this Sub-Part, an employer shall not require or permit an employee to work overtime- (a) except in accordance with an agreement; and (b) more than 50 overtime hours in any four week cycle. (4) An agreement under subsection (3) may not require an employee to work more than the 12-hour limit contained in subsection (1). Application of this Sub-Part Interpretation Hours of work ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 135 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (5) An employer shall pay an employee not less than one and one-half times the employee’s basic wage for any overtime worked. [s. 19] 21.–(1) In this section, “night” means the hours after twenty hours and before six hours. (2) It is prohibited for an employer to require or permit- (a) pregnant employees to work at night- (i) two months before the expected date of confinement; or (ii) before that date if the employee produces a medical certificate that she is no longer fit to perform night work; (b) mothers to work at night- (i) for a period of 2 months after the date of birth; (ii) before that date if the mother requests to work and produces a medical certificate that her and the baby’s health shall not be endangered; (iii) after that date if the mother produces a medical certificate that she is not yet fit to perform night work or that the baby’s health does not permit the employee to work night shift; (c) children under the age of 18 years; (d) an employee who is medically certified as unfit to do night work. (3) An employer shall transfer any employee working night shift who becomes certified as unfit to do night work unless it is impracticable. (4) An employer shall pay an employee at least 5% of that employee’s basic wage for each hour worked at night and if the hours worked are overtime hours, the 5% shall be calculated on the employee’s overtime rate. (5) For purposes of this section, a medical certificate means a certificate issued by a registered medical practitioner or any Night work ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 136 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] other medical practitioner accepted by the employer, which acceptance may not be unreasonably withheld. [s. 20] 22.–(1) A written agreement shall require or permit an employee to work up to twelve hours in a day, inclusive of any meal interval, without receiving overtime pay. (2) An agreement under subsection (1) shall not require or permit an employee to work- (a) more than 5 days in a week; (b) more than 45 hours in a week; or (c) more than 10 hours overtime in a week. [s. 21] 23.–(1) Notwithstanding the provisions of section 20 or 25, a collective agreement shall provide for the averaging of the ordinary and overtime hours of work over an agreed period. (2) A collective agreement in subsection (1) shall not require or permit an employee to work more than an average of- (a) 40 ordinary hours of work per week calculated over the agreed period; or (b) ten hours overtime per week calculated over the agreed period. (3) A collective agreement prescribed in subsection (1) shall not permit averaging for a period longer than a year. [s. 22] 24.–(1) Subject to this Part, an employer shall give an employee who works continuously for more than five hours a break of at least 60 minutes. (2) An employer may require an employee to work during a break only if the work cannot be left unattended or cannot be performed by another employee. (3) An employer shall not be obliged to pay an employee for the period of a break unless the employee is required to work, or to be available for work, during the break. [s. 23] Compressed working week Averaging hours of work Break in working day ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 137 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] 25.–(1) An employer shall allow an employee- (a) a daily rest period of at least 12 consecutive hours between ending and recommencing work; or (b) a weekly rest period of at least 24 hours between the last ordinary working day in the week and the first ordinary working day of the next week. (2) A daily rest period may be reduced to 8 hours where- (a) there is a written agreement to that effect; and (b) the ordinary working hours are interrupted by an interval of at least three hours; or (c) the employee lives on the premises of the workplace. (3) A weekly rest period may, by written agreement, provide for- (a) a rest period of at least 60 consecutive hours every two weeks; or (b) a reduced weekly rest period by 8 hours if the rest period in the following week is extended equivalently. (4) An employee may only work during the weekly rest period referred to in subsection (1) where the employee has agreed to do so and provided that the employer shall pay the employee double the employee’s hourly basic wage for each hour worked during the period. [s. 24] 26. Where an employee works on a public holiday specified in the Public Holidays Act, the employer shall pay the employee double the employee’s basic wage for each hour worked on that day. [s. 25] Sub-Part C - Remuneration 27.–(1) The provisions of this section apply, when, for any purpose of this Act, it is necessary to determine the applicable hourly, daily, weekly or monthly rate of pay. Daily and weekly rest periods Public holidays Cap. 35 Calculation of wage rates ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 138 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (2) The hourly, daily, weekly or monthly wage rates shall be determined in accordance with the Table provided for in the First Schedule. (3) Where an employee is employed on a basis other than time worked, that employee shall be considered, for purposes of this section, to be paid on a weekly basis and that employee’s basic weekly wage shall be calculated on the amount earned- (a) over the immediately proceeding 13 weeks; or (b) where the employee has been in employment for less than 13 weeks, that period. [s. 26] 28.–(1) An employer shall pay to an employee any monetary remuneration to which the employee is entitled- (a) during working hours at the place of work on the agreed pay day; (b) in cash, unless the employee agrees otherwise, in which case the payment shall be made either by- (i) cheque payable to the employee; or (ii) direct deposit into an account designated by the employee in writing; and (c) in a sealed envelope, if the payment is made in cash or by cheque. (2) Each payment prescribed in subsection (1) shall be supported by a written statement of particulars in the prescribed from which- (a) shall accompany the payment if the payment is in cash or by cheque; or (b) shall be given to the employee in a sealed envelope if the payment is by direct deposit. (3) Remuneration shall be due and payable at the end of contract period provided the employer may pay an advance before the due day on a mutually agreed day and, if such day is not agreed, at least once on completion of half the contract period; such advance shall not be considered a loan and shall not attract interest. Payment of remuneration ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 139 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (4) Notwithstanding the provisions of subsection (1), the Minister may by regulations, provide for the partial payment of remuneration in the form of allowance in kind, but in no case alcoholic beverages or noxious drugs, in industries or occupations in which payment in the form of such allowance is customary or desirable, and any such allowance in kind shall be for the personal use of the employee and his or her family, and the value attributed to such allowance shall be fair and reasonable. (5) An employer who contravenes the provisions of this section, commits an offence. [s. 27] 29.–(1) An employer shall not make any deduction from an employee’s remuneration unless- (a) the deduction is required or permitted under a written law, collective agreement, wage determination, court order or arbitration award; or (b) subject to subsection (2), the employee in writing agrees to the deduction in respect of a debt. (2) A deduction under subsection (1)(b) may be made to reimburse an employer for loss or damage only where- (a) the loss or damage occurred in the course of employment and was due to the fault of the employee; (b) the employer has submitted to the employee, in writing, the cause, the amount and calculation of the debt; (c) the employer has given the employee a reasonable opportunity to challenge the cause, amount or calculation; (d) the total amount of the debt does not exceed the actual amount of the loss or damage; or (e) the total deductions from the employee’s remuneration under this subsection do not exceed one quarter of the employee’s remuneration in money. (3) An agreement to make a deduction under subsection (1) (b) in respect of goods or services purchased by the employee shall specify the cause, amount and calculation of the debt. Deductions and other acts concerning remuneration ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 140 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (4) An employer who deducts an amount from an employee’s remuneration under subsection (1) for payment to another person shall pay the amount to the person in accordance with any requirements specified in the agreement, law, determination, court order or arbitration award. (5) An employer shall not require or permit an employee to- (a) repay any remuneration except for overpayments previously made by the employer resulting from an error in calculating the employee’s remuneration; or (b) acknowledge receipt of an amount greater than the remuneration actually received. (6) Notwithstanding the provisions of any other law on bankruptcy or winding up of an employer’s business, the claim of an employee or those claiming on behalf of the employee of any remuneration to which the employee is entitled under this Act, shall be the claim that which have accrued in respect of the twenty six weeks immediately preceding the date on which the declaration of bankruptcy or winding up is made. (7) Any person who contravenes the provisions of this section, commits an offence. [s. 28] Sub-Part D - Leave 30.–(1) Subject to the provisions of subsection (2), an employee with less than six months service shall not be entitled to paid leave under the provisions of this Part. (2) Notwithstanding the provisions of subsection (1)- (a) an employee employed on a seasonal basis is entitled to paid leave under the provisions of this Part; (b) an employee, with less than six months service and who has worked more than once in a year for the same employer, shall be entitled to paid leave under the provisions of this Part where the total period worked for that employer exceeds six months in that year. [s. 29] Application of this Sub-Part ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 141 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] 31.–(1) For purposes of this Sub-Part- (a) “day” includes any rest period prescribed in section 25; (b) “leave cycle” means- (i) in respect of annual leave, a period of 12 months consecutive employment with an employer following: (aa) subject to subsection (2), an employee’s commencement of employment; or (bb) the completion of the last 12 months leave cycle; and (ii) in respect of all other forms of leave conferred under this Sub-Part, a period of 36 months’ consecutive employment with an employer following- (aa) subject to subsection (2), an employee’s commencement of employment; or (bb) the completion of the last 36 months leave cycle; and (c) “paid leave” means any leave paid under this Part and calculated on an employee’s basic wage. (2) Notwithstanding the provisions of subsection (1)(b)(i) (aa) and (ii)(aa), an employer and employee may agree to a standard leave cycle provided that an employee’s entitlement to paid leave under this Sub-Part is not prejudiced. [s. 30] 32.–(1) An employer shall grant an employee at least 28 consecutive days’ leave in respect of each leave cycle, and such leave shall be inclusive of any public holiday that may fall within the period of leave. (2) The number of days referred to in subsection (1) may be reduced by the number of days during the leave cycle which, at the request of the employee, the employer granted that employee paid occasional leave. (3) An employer may determine when the annual leave is to be taken provided that it is taken no later than- (a) six months after the end of the leave cycle; or Interpretation in this Sub-Part Annual leave Act No. 24 of 2015 s. 6 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 142 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (b) twelve months after the end of the leave cycle where- (i) the employee has consented; and (ii) the extension is justified by the operational requirements of the employer. (4) An employer shall pay an employee the remuneration the employee would have been paid had the employee worked during the period of leave before the commencement of the leave. (5) An employer shall not require or permit an employee to take annual leave in place of any leave to which the employee is entitled under this Part. (6) With the consent of an employee, the employer may require or permit such employee to work for the employer during a period of annual leave on condition that such employee shall not work for a continuous period of two years. (7) Subject to subsections (6) and (8) an employer shall pay the employee one month salary in lieu of annual leave to which that employee is entitled or was called upon to work. (8) An employer shall pay an employee a pro rata amount for annual leave accrued- (a) subject to the provisions of subsection (9), at the termination of employment; or (b) at the expiry of each season in respect of an employee employed on a seasonal basis. (9) An employee is not entitled to be paid any pro rata amount for accrued annual leave where the employee has not taken the leave within the periods and circumstances prescribed in subsection (3). (10) The pro rata amount of annual leave referred to in subsection (8) shall be calculated at the rate of one day’s basic wage for every 13 days the employee worked or was entitled to work. [s. 31] ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 143 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] 33.–(1) An employee shall be entitled to sick leave for at least 126 days in any leave cycle. (2) The sick leave referred to in subsection (1) shall be calculated as follows: (a) the first 63 days shall be paid full wages; and (b) the second 63 days shall be paid half wages. (3) Notwithstanding the provisions of subsection (2), an employer shall not be required to pay an employee for sick leave where- (a) the employee fails to produce a medical certificate; or (b) the employee is entitled to paid sick leave under any law, fund or collective agreement. (4) For purposes of this section, “medical certificate “means a certificate issued by a registered medical practitioner or any other medical practitioner accepted by the employer, which acceptance may not be unreasonably withheld. [s. 32] 34.–(1) An employee shall give notice to the employer of her intention to take maternity leave at least 3 months before the expected date of birth and such notice shall be supported by a medical certificate. (2) An employee may commence maternity leave- (a) at any time from four weeks before the expected date of confinement; or (b) on an earlier date if a medical practitioner certifies that it is necessary for the employee’s health or that of her unborn child. (3) An employee shall not work within six weeks of the birth of her child unless a medical practitioner certifies that she is fit to do so. (4) Subject to the provisions of subsections (2) and (3), the employee may resume employment on the same terms and conditions of employment at the end of her maternity leave. (5) An employer shall not require or permit a pregnant employee or an employee who is nursing a child to perform work that is hazardous to her health or the health of her child. Sick leave Maternity leave ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 144 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (6) Subject to the provisions of subsections (7) and (8), an employee shall be entitled, within any leave cycle, to at least- (a) 84 days paid maternity leave; or (b) 100 days’ paid maternity leave if the employee gives birth to more than one child at the same time. (7) Notwithstanding the provisions of subsection (6)(a), an employee is entitled to an additional 84 days paid maternity leave within the leave cycle if the child dies within a year of birth. (8) An employer is only obliged to grant paid leave for 4 terms of maternity leave to an employee in terms of this section. (9) Where an employee performs work that is hazardous to her health or that of her child, her employer shall offer her suitable alternative employment, where practicable, on terms and conditions that are no less favourable than her terms and conditions. (10) Where an employee is breast-feeding a child, the employer shall allow the employee to feed the child during working hours up to a maximum of two hours per day. (11) For purposes of this section, “medical certificate” means a certificate issued by a registered medical practitioner, including a midwife, or any other medical practitioner accepted by the employer, which acceptance may not be unreasonably withheld. [s. 33] 35.–(1) During any leave cycle, an employee shall be entitled to- (a) at least 3 days paid paternity leave where- (i) the leave is taken within 7 days of the birth of a child; and (ii) the employee is the father of the child; and (b) at least 4 days paid leave for any of the following reasons: (i) the sickness or death of the employee’s child; or (ii) the death of the employee’s spouse, parent, grandparent, grandchild or sibling. Paternity and other forms of leave ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 145 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (2) Before paying an employee for leave under this section, an employer may require reasonable proof of the event prescribed in subsection (1). (3) For purposes of clarity- (a) the 3 days referred to in subsection (1)(a) are the total number of days to which the employee is entitled irrespective of how many of the employee’s children are born within the leave cycle; (b) the 4 days referred to in subsection (1)(b) are the total number of days to which the employee is entitled irrespective of how many of the events prescribed in that paragraph occur within the leave cycle, but the employee may take more days as may be authorised by the employer for the event and other subsequent events within the same leave cycle provided that such extra days will be without pay. [s. 34] Sub-Part E - Unfair termination of employment 36. The provisions of this Sub-Part shall not apply to an employee with less than 6 months’ employment with the same employer, whether under one or more contracts. [s. 35] 37. For purposes of this Sub-Part- (a) “termination of employment” includes- (i) a lawful termination of employment under the common law; (ii) a termination by an employee because the employer made continued employment intolerable for the employee; (iii) a failure to renew a fixed term contract on the same or similar terms if there was a reasonable expectation of renewal; Application of this Sub-Part Interpretation ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 146 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (iv) a failure to allow an employee to resume work after taking maternity leave granted under this Act or any agreed maternity leave; and (v) a failure to re-employ an employee where the employer has terminated the employment of a number of employees for the same or similar reasons and has offered to re-employ one or more of them; and (b) “terminate employment” has a meaning corresponding to “termination of employment”. [s. 36] 38.–(1) It shall be unlawful for an employer to terminate the employment of an employee unfairly. (2) A termination of employment by an employer is unfair if the employer fails to prove- (a) that the reason for the termination is valid; (b) that the reason is a fair reason- (i) related to the employee’s conduct, capacity or compatibility; or (ii) based on the operational requirements of the employer, and (c) that the employment was terminated in accordance with a fair procedure. (3) It shall not be a fair reason to terminate the employment of an employee - (a) for the reason that the employee - (i) discloses information that the employee is entitled or required to disclose to another person under this Act or any other law; (ii) fails or refuses to do anything that an employer may not lawfully permit or require the employee to do; (iii) exercises any right conferred by agreement, this Act or any other law; (iv) belongs, or belonged, to any trade union; or Unfair termination ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 147 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (v) participates in the lawful activities of a trade union, including a lawful strike; or (b) for reasons- (i) related to pregnancy; (ii) related to disability; and (iii) that constitute discrimination under this Act. (4) In deciding whether a termination by an employer is fair, an employer, arbitrator or Labour Court shall take into account any Code of Good Practice published under section 100. (5) A disciplinary action in form of penalty, termination or dismissal shall not lie upon an employee who has been charged with a criminal offence which is substantially the same until final determination by the Court and any appeal thereto. [s. 37] 39.–(1) In any termination for operational requirements (retrenchment), the employer shall comply with the following principles, that is to say, he shall- (a) give notice of any intention to retrench as soon as it is contemplated; (b) disclose all relevant information on the intended retrenchment for the purpose of proper consultation; (c) consult prior to retrenchment or redundancy on- (i) the reasons for the intended retrenchment; (ii) any measures to avoid or minimise the intended retrenchment; (iii) the method of selection of the employees to be retrenched; (iv) the timing of the retrenchment; and (v) severance pay in respect of the retrenchments; and (d) give the notice, make the disclosure and consult, in terms of this subsection, with- (i) any trade union recognised in terms of section 68; (ii) any registered trade union which members in the workplace not represented by a recognised trade union; Termination based on operational requirements Acts Nos. 17 of 2010 s. 8 24 of 2015 s. 7 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 148 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (iii) any employees not represented by a recognised or registered trade union. (2) Where in the consultations held in terms of subsection (1) no agreement is reached between the parties, the matter shall be referred to mediation under Part VIII of this Act. (3) Where the mediation has failed, the dispute shall be referred for arbitration which shall be concluded within thirty days during which period no retrenchment shall take effect and, where the employees are dissatisfied with the award and are desirous to proceed with revision to the Labour Court under section 92(2), the employer may proceed with their retrenchment. [s. 38] 40. In any proceedings concerning unfair termination of an employee by an employer, the employer shall prove that the termination is fair. [s. 39] 41.–(1) Where an arbitrator or Labour Court finds a termination is unfair, the arbitrator or Court may order the employer- (a) to reinstate the employee from the date the employee was terminated without loss of remuneration during the period that the employee was absent from work due to the unfair termination; (b) to re-engage the employee on any terms that the arbitrator or Court may decide; or (c) to pay compensation to the employee of not less than twelve months remuneration. (2) An order for compensation made under this section shall be in addition to, and not a substitute for, any other amount to which the employee may be entitled in terms of any law or agreement. (3) Where an order of reinstatement or re-engagement is made by an arbitrator or Court and the employer decides not Proof of unfair termination proceedings Remedies for unfair termination ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 149 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] to reinstate or re-engage the employee, the employer shall pay compensation of twelve months wages in addition to wages due and other benefits from the date of unfair termination to the date of final payment. [s. 40] Sub-Part F– Other incidents of Termination 42.–(1) Where a contract of employment can be terminated on notice, the period of notice shall not be less than- (a) seven days, where notice is given in the first month of employment; and (b) after that- (i) 4 days, where the employee is employed on a daily or weekly basis; or (ii) 28 days, where the employee is employed on a monthly basis. (2) An agreement may provide for a notice period that is longer than that required in subsection (1) provided that, the agreed notice period is of equal duration for both the employer and the employee. (3) Notice of termination shall be in writing, stating- (i) the reasons for termination; and (ii) the date on which the notice is given. (4) Notice of termination shall not be given- (a) during any period of leave taken under this Act; or (b) to run, concurrently with any such period of leave. (5) Instead of giving an employee notice of termination, an employer may pay the employee the remuneration that the employee would have received if the employee had worked during the notice period. (6) Where an employee refuses to work during the notice period, an employer may deduct, from any money due to that employee on termination, the amount that would have been due to the employee if that employee had worked during the notice period. Notice of termination ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 150 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (7) This section shall not affect the right of- (a) an employee to dispute the lawfulness or fairness of a termination of employment under this Act or any other law; and (b) an employer or an employee to terminate employment without notice for any cause recognised by law. [s. 41] 43.–(1) For purposes of this section, “severance pay” means an amount at least equal to 7 days’ basic wage for each completed year of continuous service with that employer up to a maximum of ten years. (2) An employer shall pay severance pay on termination of employment where- (a) the employee has completed 12 months continuous service with an employer; and (b) subject to the provisions of subsection (3), the employer terminates the employment. (3) The provisions of subsection (2) shall not apply- (a) to a fair termination on grounds of misconduct; (b) to an employee who is terminated on grounds of capacity, compatibility or operational requirements of the employer but who unreasonably refuses to accept alternative employment with that employer or any other employer; or (c) to an employee who attains the age of retirement or an employee whose contract of service has expired or ended by reason of time. (4) The payment of severance pay under this section shall not affect an employee’s right to any other amount payable under this or any other written law. [s. 42] Severance pay Act No. 2 of 2010 s. 13 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 151 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] 44.–(1) Where an employee’s contract of employment is terminated at a place other than where the employee was recruited, the employer shall either- (a) transport the employee and his personal effects to the place of recruitment; (b) pay for the transportation of the employee to the place of recruitment; or (c) pay the employee an allowance for transportation to the place of recruitment in accordance with subsection (2) and daily subsistence expenses during the period, if any, between the date of termination of the contract and the date of transporting the employee and his family to the place of recruitment. (2) An allowance prescribed under subsection (1)(c) shall be equal to at least a bus fare to the bus station nearest to the place of recruitment. (3) For purposes of this section, “recruit” means the solicitation of any employee for employment by the employer or the employer’s agent. [s. 43] 45.–(1) On termination of employment, an employer shall pay an employee- (a) any remuneration for work done before the termination; (b) any annual leave pay due to an employee under section 32 for leave that the employee has not taken; (c) any annual leave pay accrued during any incomplete leave cycle determined in accordance with section 32(1); (d) any notice pay due under section 42(5); (e) any severance pay due under section 43; and (f) any transport allowance that may be due under section 44. (2) On termination, the employer shall issue to an employee a prescribed certificate of service. [s. 44] Transport to place of recruitment Payment of termination and certificates of employment ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 152 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] PART IV TRADE UNIONS, EMPLOYERS ASSOCIATIONS AND FEDERATIONS 46.–(1) A trade union or employers’ association shall register itself under this Part within 6 months of its establishment. (2) A federation may register if it meets the requirements for registration of a federation in terms of section 47(3). (3) It is an offence for a trade union or employer’s association to operate as a union or association- (a) after 6 months have expired of its establishment if it has not applied for registration under this Part; or (b) unless it is registered under this Part. [s. 45] 47.–(1) The requirements for registration as a trade union are- (a) it is a bonafide trade union; (b) it is an association not for gain; (c) it is independent of any employer or employer’s association; (d) it has been established at a meeting of at least 20 employees; (e) it has adopted a constitution and rules that comply with provisions of section 48; (f) it has adopted a name that does not resemble the name of another union so as to mislead or create confusion; and (g) it has an address in the United Republic of Tanzania. (2) The requirements for registration as an employers’ association are- (a) it is a bona fide employers association; (b) it is an association not for gain; (c) it has been established at a meeting of at least four employers; (d) it has adopted a constitution and rules that comply with provisions of section 48; Obligation to register Requirements for registration ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 153 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (e) it has adopted a name that does not resemble the name of another employer association so as to mislead or create confusion; and (f) it has an address in the United Republic of Tanzania. (3) The requirements for registration as a federation are- (a) it is a bona fide federation; (b) it is a federation not for gain; (c) it has been established at a meeting of at least five registered organisations of the same kind; (d) it has adopted a constitution and rules that comply with section 48; (e) it has adopted a name that does not resemble the name of another organisation or federation so as to mislead or create confusion; (f) it comprises registered organisations only; and (g) it has an address in the United Republic of Tanzania. [s. 46] 48.–(1) The constitution and rules of a trade union, employers’ association or federation shall- (a) state that it is an organisation not for gain; (b) prescribe the qualifications for membership and the grounds and procedure for termination of membership; (c) prescribe the membership fee or any method of determining the fee; (d) prescribe rules for the convening and conduct of meetings, including the quorum required, and the minutes to be kept of, those meetings; (e) establish the manner in which decisions are made; (f) establish the office of secretary and define its functions; (g) provide for office bearers, officials and define their respective functions; (h) prescribe a procedure for the nomination and election of office bearers; (i) prescribe a procedure for the appointment or nomination or election of officials; Constitutional requirements ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 154 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (j) establish the circumstances and manner in which office bearers, officials and trade union representatives may be removed from office; (k) establish the circumstances and manner in which a ballot shall be conducted; (l) provide for the conduct of a ballot of the members in respect of whom- (i) in the case of a trade union, the union may call upon to strike; (ii) in the case of an employers’ association, the association may call upon to lock out; and (iii) in the case of a federation of trade unions, the federation may call upon to engage in protest action; (m) provide for banking and investing of money; (n) establish purposes for which its money may be used; (o) provide for acquiring and controlling of property; (p) prescribe a procedure for the amendment of the constitution and rules; (q) prescribe a procedure for affiliation, or amalgamation- (i) in the case of trade unions, with other registered unions; (ii) in the case of employer’s associations, with other registered associations; and (iii) in the case of federations, with other federations; (r) prescribe a procedure for affiliation to an international workers’ association or an international employers’ association; (s) prescribe a procedure to dissolve the organisation or federation; and (t) any other prescribed matter. (2) A constitution or rules of a registered organisation shall not- (a) conflict with- (i) the basic rights and duties set out in Part III of the Constitution of the United Republic of Tanzania, 1977; and Cap. 2 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 155 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (ii) the provisions of this law or any other written law; or (b) evade any obligation imposed by any law. [s. 47] 49.–(1) An organisation or federation may apply for registration, by submitting to the Registrar- (a) a prescribed form that has been properly completed and signed by the secretary of the organisation or federation; (b) a certified copy of the attendance register and minutes of its establishment meeting prescribed in section 47(1) (d), (2)(c) or (3)(c); and (c) a certified copy of its constitution and rules. (2) Notwithstanding the provisions of subsection (1), the Registrar may require further information in support of the application. (3) Where the Registrar is satisfied that the organisation or federation has complied with the requirements of sections 47 and 48, he shall register the organisation or federation. (4) Where the Registrar is not satisfied that the organisation or federation complies with the requirements of sections 47 and 48, he- (a) may give the applicant an opportunity to rectify its application within a stipulated period; and (b) may refuse the application and send the applicant a written notice of the decision and the reasons. (5) After registering an organisation or federation, the Registrar shall- (a) enter the name of the organisation or federation in the appropriate Register; and (b) issue a certificate of registration to the organisation or federation. [s. 48] Process of registration ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 156 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] 50.–(1) On registration, an organisation or federation shall be a body corporate - (a) with perpetual succession and a common seal; and (b) with the capacity, in its own name, to- (i) sue and be sued; (ii) contract; and (iii) hold, purchase or otherwise acquire and dispose of movable or immovable property. (2) A registered organisation or federation shall not be an association in restraint of trade. (3) The fact that a person is a member of a registered organisation or federation shall not make that person liable for any of the obligations or liabilities of the union or organisation. (4) A member, office bearer, official of a registered organisation or federation shall not be personally liable for any loss suffered by any person as a result of an act performed or omitted in good faith while performing their functions for or on behalf of the organisation or federation. (5) A duly issued certificate of registration is sufficient proof that a registered organisation or federation is a body corporate. (6) For purposes of this section, “office bearer” in relation to a trade union includes a trade union representative prescribed in section 63. [s. 49] 51.–(1) A change of name or change to the constitution and rules of a registered organisation or federation shall have effect only when the Registrar approves the change under this section. (2) A registered organisation or federation may apply for the approval of a change of name or to its constitution and rules by submitting to the Registrar- (a) the prescribed form duly completed and signed by the Secretary; (b) a copy of the resolution containing the wording of the change; and Effect of registration Change of name or constitution ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 157 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (c) a certificate signed by the Secretary stating that the resolution was passed in accordance with the constitution rules. (3) Notwithstanding the provisions of subsection (2), the Registrar may require further information in support of the application. (4) The Registrar shall- (a) consider the application and any further information supplied by the applicant; (b) where satisfied that the change to the constitution and rules complies with the requirements prescribed in sections 47 and 48, approve the change by issuing the prescribed certificate approving the change; or (c) where satisfied that the change of name does not resemble the name of another union so as to mislead or create confusion, approve the change by issuing a new certificate of registration reflecting the new name. (5) Where the Registrar refuses to approve a change, he shall give written notice of that decision and the reasons for the refusal. [s. 50] 52.–(1) Every registered organisation and federation shall, to the standards of generally accepted accounting practice, principles and procedures- (a) keep books and records of its income, expenditure, assets and liabilities; (b) for each financial year ending on 31st December, prepare financial statements in the prescribed form; (c) arrange an annual audit of its books and records of accounts and its financial statements by a registered auditor; and (d) by 31st March of the following year, submit the financial statements and auditor’s report to- (i) a meeting of members or their representatives as provided for in the constitution of the organisation or federation; and (ii) the Registrar. Accounts and audit ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 158 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (2) Every registered organisation and federation shall make its financial statements and auditor’s report available to members for inspection at its offices. [s. 51] 53.–(1) In addition to the records required by section 52, every registered organisation or federation shall keep for five years- (a) a list of its members in the prescribed form; (b) the minutes of its meetings; and (c) the ballot papers. (2) Every registered organisation or federation shall provide to the Registrar- (a) by 31st March of the following year, an annual statement certified by the Secretary showing the total number of members as of 31st December of the previous year; (b) within 30 days of a request from the Registrar, a written explanation of anything relating to the statement of membership, the auditor’s report or the financial statements: Provided that, the Registrar shall not inquire into the financial affairs of any organisation unless there are serious grounds for believing that the organisation has infringed the law or that the funds of the organisation have been embezzled or otherwise misused; (c) within 30 days of any appointment or election of its national office bearers, the names and work addresses of those office bearers; and (d) 30 days before a new address for service of documents will take effect, notice of that change of address. [s. 52] 54.–(1) Where a federation or registered organisation fails to comply with its constitution, the Registrar or member of the federation or registered organisation may apply to the Labour Court for any appropriate order including- (a) setting aside any decision, agreement or election; Duties of registered organisations and federations Non-compliance with constitution ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 159 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (b) requiring the organisation or federation or any official thereof to- (i) comply with the constitution; and (ii) take steps to rectify the failure to comply; and (c) restraining any person from any action not in compliance with the constitution. (2) Before the Labour Court hears an application prescribed in subsection (1), it shall satisfy itself that- (a) the organisation’s or federation’s internal procedures have been exhausted; or (b) it is in the best interests of the organisation or federation that the application be heard notwithstanding that any internal procedures have not been exhausted. [s. 53] 55.–(1) A registered- (a) trade union may resolve to amalgamate with one or more registered trade unions; (b) employer’s association may resolve to amalgamate with one or more registered employer’s associations; and (c) federation may resolve to amalgamate with one or more federations to form a confederation. (2) The amalgamating organisations or federations may apply to the Registrar for registration of the amalgamated organisation or federation and the provisions of section 49, relating to registration process shall mutatis mutandis apply in relation to the application. (3) After the Registrar has registered the amalgamated organisation or federation, he shall cancel the registration of each of the amalgamating organisations or federations by removing their names from the appropriate Register. (4) The registration of an amalgamated organisation or federation shall become effective from the date the Registrar enters its name in the appropriate Register. Amalgamation of registered organisations and federations ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 160 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (5) Where the Registrar has registered an amalgamated organisation or federation- (a) all the assets, rights, obligations and liabilities of the amalgamating organisations or federations shall devolve upon and vest in the amalgamated organisation or federation; and (b) the amalgamated organisation or federation shall succeed the amalgamating organisations or federations in respect of- (i) any right that the amalgamating organisations or federations enjoyed; (ii) any fund established under this Act or any other law; (iii) any collective agreement or other agreement; and (iv) any written authorisation by a member for the periodic deduction of levies or subscriptions due to the amalgamating organisations. [s. 54] 56.–(1) The Registrar may apply to the Labour Court for an order to cancel the registration of a registered organisation or federation if that organisation or federation fails to comply with- (a) the requirements for registration; or (b) the provisions of this Part. (2) Where the Labour Court may make any appropriate order including- (a) cancelling the registration of an organisation or federation; and (b) giving the organisation or federation an opportunity to remedy any failure to comply. (3) Where the registration of an organisation or federation is cancelled- (a) all the rights enjoyed by it under this Act shall cease; and (b) the organisation or federation shall be dissolved in accordance with the provisions of section 57. [s. 55] Cancellation of registration ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 161 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] 57.–(1) The Registrar may apply to the Labour Court for the dissolution of any organisation that contravenes the provisions of section 46. (2) An organisation or federation may apply to the Labour Court for its dissolution. (3) Where the Labour Court makes an order for cancelling the registration of an organisation or federation under section 56(2), it may in addition make an order dissolving the organisation or federation. (4) In accordance with the laws relating to bankruptcy, any interested person may apply to the Labour Court for dissolution of a registered organisation or federation on any ground of bankruptcy. (5) The laws of bankruptcy, shall apply to an application prescribed in subsection (3) and any reference to a court in those laws shall be interpreted as referring to the Labour Court. (6) In granting an order of dissolution under this section, the Labour Court may- (a) appoint any suitable person as a liquidator on any appropriate conditions; and (b) decide where any residue of assets shall vest if the constitution and rules fail to do so. [s. 56] 58. A person who is aggrieved by a decision of the Registrar made under this Part may appeal to the Labour Court against that decision. [s. 57] 59.–(1) The Registrar shall publish a notice in the Gazette stating the following facts, that: (a) an organisation or federation has been registered; (b) the registration of any organisation or federation has been cancelled; (c) a change of a name or amalgamation affecting any registered organisation or federation has been registered; and Dissolution of trade union or employers association Appeals from decisions of Registrar Publication in Gazette ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 162 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (d) a registered organisation or federation has been dissolved. (2) Where the notice referred to in subsection (1) deals with registration of an organisation or federation, it shall contain a statement to the effect that, any person may view the constitution of that organisation or federation at the Registrar’s office. [s. 58] PART V ORGANISATIONAL RIGHTS 60. For purposes of this Part- “authorised representative” means an office bearer or official of a trade union or any other person authorised to represent the trade union; “employer’s premises” includes any premises under the control of the employer where work is done or the employees are accommodated; “labour laws” includes this Act and any other law relating to labour matters; “registered trade union” includes two or more trade unions acting jointly; and “representative trade union” means a registered trade union that is the most representative trade union. [s. 59] 61.–(1) An authorised representative of a registered trade union shall be entitled to enter the employer’s premises in order to- (a) recruit members; (b) communicate with members; (c) meet members in dealings with the employer; (d) hold meetings of employees on the premises; and (e) vote in any ballot under the union constitution. Interpretation Access to employer’s premises ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 163 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (2) A registered trade union may establish a field branch at any workplace where ten or more of its members are employed. (3) The employer shall provide a union recognised in terms of section 68 reasonable and necessary facilities to conduct its activities at the workplace. (4) The rights under this section shall be subject to any conditions as to time and place that are reasonable and necessary to safeguard life or property or to prevent undue disruption of work. [s. 60] 62.–(1) An employer shall deduct dues of a registered trade union from an employee’s wages where that employee has authorised the employer to do so in the prescribed form. (2) The employer shall remit the deductions to the trade union within seven days after the end of the month in which the deductions are made. (3) Where the employer fails to remit the union dues within the time specified in subsection (2), without reasonable grounds, the employer shall be liable to pay the union the equivalent of five percent of the total amount due for each day the dues remain un-remitted. (4) An employee may revoke an authorisation by giving one month’s written notice to the employer and the trade union. (5) Where an employee revokes any authorisation under subsection (3), the employer shall cease to make any deductions after the expiry of the notice. (6) With each monthly remittance, the employer shall give a registered trade union- (a) a list in the prescribed form of the names of the members in respect of whom deductions are required to be made; and (b) a copy of any notice of revocation under subsection (3). [s. 61] Deduction of trade union dues ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 164 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] 63.–(1) A registered trade union shall be entitled to- (a) one trade union representative for one to nine members; (b) three representatives for ten to twenty members; (c) ten representatives for twenty one to one hundred members; (d) fifteen representatives for work places with more than one hundred members. (2) In workplace with more than one hundred members, at least five of the trade union representatives shall represent women employees, if any, who are employed and belong to the union. (3) The constitution of a registered trade union shall govern the election, terms of office and removal from office of a trade union representative. (4) Trade union representatives shall perform the following functions to: (a) represent members in grievance and disciplinary hearings; (b) make representations on behalf of members in respect of rules; (c) consult on productivity in the workplace; (d) represent the trade union in enquiries and investigations conducted by inspectors in terms of any labour laws; (e) monitor employer compliance with labour laws; (f) perform trade union functions under the union’s constitution; (g) further good relations; and (h) perform any function or role agreed to by the employer. (5) Trade union representatives shall be entitled to reasonable paid time off to perform any of the functions referred to in subsection (4). (6) The employer shall disclose to the trade union representatives any information relevant to the performance of their functions. Trade union representation ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 165 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (7) The provisions of section 71 relating to disclosure of relevant information shall mutatis mutandis apply to any disclosure prescribed in subsection (6). (8) The rights under this section are subject to any reasonable conditions to ensure the orderly exercise of the rights and that work is not unduly interrupted. [s. 62] 64. The employer shall grant reasonable paid leave to- (a) trade union representatives referred to in section 63 to attend training courses relevant to their functions; and (b) office bearers of - (i) a registered trade union, to perform the functions of their office; or (ii) a registered federation, to which the representative union belongs, to perform the functions of their office. [s. 63] 65.–(1) A registered trade union may notify an employer in the prescribed form that it seeks to exercise a right conferred under this Part. (2) Within 30 days of the receipt of a notice under subsection (1), the employer shall meet with the trade union to conclude a collective agreement granting the right and regulating the manner in which the right is to be exercised. (3) Where there is no agreement or the employer fails to meet with the trade union within 30 days, the union may refer the dispute to the Commission for mediation. (4) Where the mediation fails to resolve the dispute, the trade union may refer the dispute to the Labour Court which shall make appropriate orders. (5) A dispute over the interpretation or application of an order made under this section shall be referred to the Labour Court for decision. [s. 64] Leave for trade union activities Procedure for exercising organisational right ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 166 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] 66.–(1) Where a trade union materially breaches the terms and conditions for the exercise of organisational rights, the employer- (a) may refer the issue to the Commission for mediation; (b) where the mediation fails to resolve the issue, may apply to the Labour Court to- (i) terminate any of the organisational rights granted to the trade union under a collective agreement; or (ii) withdraw an order made under section 65. (2) A Labour Court making a decision under this section may make any appropriate order including- (a) requiring the union to take measures to ensure compliance with the conditions for the exercise of a right; (b) suspending the exercise of a right for a period of time; and (c) terminating the organisational rights contained in a collective agreement or order made under section 65. [s. 65] PART VI COLLECTIVE BARGAINING 67. For purposes of this Part- (a) a “bargaining unit”- (i) means any unit of employees in respect of which a registered trade union is recognised, or is entitled to be recognised, as the exclusive bargaining agent in terms of this Part; and (ii) includes a unit of employees employed by more than one employer; (b) a “recognised trade union” means a trade union recognised by a collective agreement or in respect of an order made by the Labour Court under the provisions of section 68; and Termination of organisational rights Interpretation ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 167 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (c) a “registered trade union” includes two or more registered trade unions acting jointly. [s. 66] 68.–(1) A registered trade union that represents the majority of the employees in an appropriate bargaining unit shall be entitled to be recognised as the exclusive bargaining agent of the employees in that unit. (2) An employer or employers’ association may not recognise a trade union as an exclusive bargaining agent unless the trade union is registered and represents the majority of the employees in the bargaining unit. (3) A registered trade union may notify the employer or employers’ association in the prescribed form that it shall seek recognition as the exclusive bargaining agent within an appropriate bargaining unit. (4) Within 30 days of the notice prescribed in subsection (3), an employer shall meet to conclude a collective agreement recognising the trade union. (5) Where there is no agreement or the employer fails to meet with the trade union within the 30 days, the union may refer the dispute to the Commission for mediation, and the period of thirty days may be extended by agreement. (6) Where the mediation fails to resolve the dispute, the trade union or the employer may refer the dispute to the Labour Court for decision. (7) The Labour Court may decide any dispute over the representativeness of the trade union by arranging any appropriate person to conduct a ballot of the affected employees. (8) In determining the appropriateness of a bargaining unit, the Labour Court shall- (a) consider the following: (i) the wishes of the parties; (ii) the bargaining history of the parties; Recognition as exclusive bargaining agent of employees Act No. 17 of 2010 s. 9 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 168 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (iii) the extent of union organisation among the employees of the employer or employers; (iv) the employee similarity of interest; (v) the organisational structure of the employer or employers; (vi) the different functions and processes of the employer or employers and the degree of integration; and (vii) the geographic location of the employer or the employers; and (b) promote orderly and effective collective bargaining with a minimum of fragmentation of an employer’s organisational structure. (9) A dispute over the interpretation or application of an order made under this section shall be referred to the authority or the Court which made the order for interpretation and other necessary orders. (10) An order made pursuant to this section shall be enforced like any other order issued by the Labour Court. (11) This section shall not preclude registered trade unions, employers and registered employers’ associations from establishing their own collective bargaining arrangements by collective agreement. [s. 67] 69.–(1) An employer or employers’ association shall bargain in good faith with a recognised trade union. (2) A recognised trade union shall bargain in good faith with the employer or employers’ association that has recognised it or is required to recognise it under the provisions of section 68. [s. 68] 70.Where a recognised trade union ceases to represent the majority of the employees in the bargaining unit, the employer shall- (a) give the trade union notice to acquire a majority within three months; and Duty to bargain in good faith Withdrawal of recognition Act No. 17 of 2010 s. 10 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 169 THE EMPLOYMENT AND LABOUR RELATIONS ACT� [CAP. 366 R.E. 2023] (b) withdraw exclusive recognition, where it fails to acquire that majority at the expiry of the three months. (2) Where a recognised trade union has ceased to represent the majority in the bargaining unit, any other trade union may fill the prescribed forms for purpose of being recognized as an exclusive bargaining unit. (3) Where a party to a collective agreement prescribed in section 68(10), or a party subject to a recognition order, materially