Employment Regulations
Employment law in Tanzania appears complex and confusing when looking from outside view although in some ways there are many similarities to other countries. Other factors that complicate matters include the differences between regions and an inconsistent approach to adherence to laws in different cities. Key Factors to Consider When Employing in Tanzania
There are several key areas to be aware of within Tanzanian employment regulatory framework, especially for companies that plan to initiate a full local office and human resources department. These challenges can be mitigated by use of a locally sourced payroll provider who is familiar with all of the local laws and rules for both local employees as well as foreign nationals.
Contracts
A contract with an employee shall be of the following types:
- A contract for an unspecified period of time;
- A contract for a specified period of time for professionals and managerial cadre,
- A contract for a specific task.
A contract with an employee shall be in writing if the contract provides that the employee is to work outside the United Republic of Tanzania.
An employer shall supply an employee, when the employee commences employment, with the following particulars in writing, namely:
- Name, age, permanent address and sex of the employee;
- Place of recruitment;
- Job description;
- Date of commencement
- Form and duration of the contract;
- Place of work;
- Hours of work;
- Remuneration, the method of its calculation, and details of any benefits or payments in kind, and
- Any other prescribed matter.
Employee Entitlements
Working on Sundays
Employees are allowed to work on Sunday with an additional pay.
Disclosure and Confidentiality of Personal Information
An employer shall not be obliged to disclose information that:
- Is legally privileged;
- The employer cannot disclose without contravening a law or an order of court;
- Is confidential and, if disclosed, may cause substantial harm to an employee or the employer;
- Is private personal information relating to an employee without that employee’s consent.
Employee Protection and Anti-discrimination Rights
Every employer shall ensure that he promotes an equal opportunity in employment and strives to eliminate discrimination in any employment policy or practice.
An employer s hall register, with the Labor Commissioner, a plan to promote equal opportunity and to eliminate discrimination in the work place.
Time Off Work
Subject to the provisions of the Employment and Labor Relations Act (ELR2004), an employee with less than six months’ service shall not be entitled to paid leave under the provisions of this Part.
Medical Leave
An employee shall be entitled to sick leave for at least 126 days in any leave cycle.
Employment Termination
Resignation / End of Service Payment
On termination of employment, an employer shall pay an employee:
- Any remuneration for work done before the termination;
- Any annual leave pay due to an employee under section 31 of the ELR2004 for leave that the employee has not taken;
- Any annual leave pay accrued during any incomplete leave cycle determined in accordance with section 31 of the ELR2004
- Any notice pay due under section 41 of the ELR2004;
- Any severance pay due under section 42 of the ELR2004;
- Any transport allowance that may be due under section 43 of the ELR2004.
Severance / Redundancy Pay
For the 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.
Termination of Employment
If a contract of employment can be terminated on notice, the period of notice shall not be less than seven days, if notice is given in the first month of employment and after that 4 days, if the employee is employed on a daily or weekly basis; or 28 days, if the employee is employed on a monthly basis.
Probation Period
There is no explicit provision in the Employment and Labor Relations Act 2004 about probation period. However, this act implicitly requires a probationary period of 6 months by saying that a worker with less than 6 months of employment may not bring an unfair termination claim against the employer.
