The Labour Institutions Act, 2004
This section appears to be a heading for the short title, commencement, and interpretation of Part II on the Labour, Economic and Social Council.
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This section appears to be a heading for the short title, commencement, and interpretation of Part II on the Labour, Economic and Social Council. This section establishes the Council and refers to its composition. This section concerns the tenure of office and the terms and conditions of membership. Section 7 is titled “Removal of members and filing of vacancies.” This section is titled “Annual report of the Council” and refers to committees of the Council and the independence and status of the Commission for Mediation and Arbitration.
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Provisions of The Labour Institutions Act, 2004
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- 2 Verify source ↗
Section 2
This section appears to be a heading for the short title, commencement, and interpretation of Part II on the Labour, Economic and Social Council.
2. Short title and commencement. Interpretation. PART II L a b o u r , E c o m o n i c a n d S o c i a l C o u n c i l
Part
PART II
- 3 Verify source ↗
Establishment of the Council
This section establishes the Council and refers to its composition.
3. Establishment of the Council. Composition of the Council. - 5 Verify source ↗
Section 5
This section concerns the tenure of office and the terms and conditions of membership.
5. Tenure of office and terms and conditions of membership. - 7 Verify source ↗
Removal o f members and filing of vacancies
Section 7 is titled “Removal of members and filing of vacancies.”
7. Removal o f members and filing of vacancies. - 11 Verify source ↗
Annual report o f the Council
This section is titled “Annual report of the Council” and refers to committees of the Council and the independence and status of the Commission for Mediation and Arbitration.
11. Annual report o f the Council. Committees of the Council. PART III C o m m i s s i o n f o r M e d i a t i o n a n d A r b i t r a t i o n Independence and status o f the Commission. - 3 Verify source ↗
There is hereby established a Council for Labour, Economic and
This provision establishes a Council for Labour, Economic and Social matters.
3. There is hereby established a Council for Labour, Economic and Social matters. - 4 Verify source ↗
(l)
The Minister appoints the Council’s members, and must first invite nominations in writing for some seats. The Council may also co-opt additional members with the Minister’s approval, but those co-opted members cannot vote.
4.-(l) The Council shall consist the following members to be appointed by the Minister in accordance with this section: (a) a Chairperson who shall not be - (i) a member, official or office bearer o f a trade union, employers association or federation; or (ii) an employee in the public service of the Government of the United Republic; Establish ment of the Council Compositi on of Council Functions i 664 No. 7 Labour Institutions 2004 (b) sixteen other members, comprising - (i) the Permanent Secretary and three other members to represent the interests o f the Government; (ii) four members to represent the interests of employers; (iii) four members to represent the interests o f employees; and (iv) four members appointed because o f their expertise in labour, economic, and social policy formulation. (2) Prior to appointing a member o f the Council, the Minister shall by notice in writing, invite nominations from - (a) registered trade unions and federations o f trade unions, if the member is to represent employees; or (b) registered em ployers' associations and federations o f if the member is to represent employers' associations, employers; (c) those members o f the Council representing the interests of in rcspect o f the members employers and em ployees contemplated in subsection (l)(b)(iv). (3) With the approval o f the Minister, the Council may co-opt other members to assist it in the performance of its functions, and such members shall not vote at meetings o f the Council. - 5 Verify source ↗
(l) The functions o f the Council shall be
The Council must advise government and the Minister on listed labour, economic, and social policy matters, and it may investigate, research, and set its own rules for performing its functions.
5.-(l) The functions o f the Council shall be- (a) to advise the Government through the Ministry on any o f the following matters - (i) measure to prom ote economic growth and social equity; (ii) economic and social policy; (iii) any significant changes to social and economic policy before it is submitted to cabinet; and powers'of Council Tenure of No. 7 Labour Institutions 2004 (iv) the promotion o f a co-ordinated policy on labour, economic and social matters; (b) to advise the M inister on - (i) national labour market policy; (ii) any proposed labour law before it is submitted to cabinet; the prevention and reduction of unemployment; (iii) (iv) any issue arising from the International Labour Organisation; (v) any issue raised by any international or regional association o f states o f which the United Republic o f Tanzania is a member; (vi) codes o f good practice; i (vii) collection and compilation o f information and statistics relating to the administration of the labour laws; (viii)any other labour matter referred to the Council by the Minister or the Council considers useful to achieve the objects of the labour laws; (c) to ensure that employers and employees each nominate - (i) (ii) assessors for appointment o f the panels of assessors referred to in section 53; individuals for appointm ent as m em bers o f the governing body o f the Commission in terms of section 16; (iii) individuals Essential Services Committee in terms o f section 29; for appointm ent as m em bers o f the (d) to survey and analyse social and economic affairs; (e) to keep abreast o f international developments in social and economic policy; 666 No. 7 Labour Institutions 2004 (f) to evaluate the effectiveness o f legislation and policy affecting social and economic policy; (g) to work in close cooperation with different ministries, forums or statutory bodies, program m es and other non-governmental agencies engaged in the formulation and the implementation o f labour, economic, and social policy. (2) In the performance o f its functions, the Council may conduct - (a) an investigation as it may consider necessary; (b) research into labour, economic, and social policy. (3) The Council may determine its own rules for the performance o f its functions. - 6 Verify source ↗
(l) A member of the Council
A Council member is appointed for three years and may be re-appointed at the end of the term. The member is also paid allowances for meetings, travel, and subsistence at a rate set by the Minister.
6.-(l) A member of the Council - (a) shall be appointed for three years; and (b) may be re-appointed at the end of the term o f office. office and terms and conditions o f me mbership (2) A member of the Council shall be paid allowances for attend ing meetings, travel and subsistence at a rate to be determined by the Minister on the recommendations o f the Permanent Secretary after consultation with the Permanent Secretary of the Office of Public Service Management. - 7 Verify source ↗
(l) The Minister shall remove a member from office if the
The Minister must remove a council member if any listed ground applies, and must appoint a replacement when a vacancy occurs.
7 .-(l) The Minister shall remove a member from office if the member - (a) has resigned in writing and delivered the resignation to the Permanent Secretary; (b) no longer represents the interest in respect o f which the member was appointed in terms of section 5 (l)(b)(i), (ii) or (iii); provided that, removal o f a member on this ground shall be done only if requested by the constituency whose interests that member represents ; Removal o f mem bers and filling of vacancies 667 No. 7 Labour Institutions 2004 (c) is guilty o f serious misconduct relating to the performance of the member's functions; (d) is not able to perform the functions o f a member (due to illness or any other reason); (e) is absent from three meetings o f the Council without permission or good cause; (f) is declared bankrupt; or (g) is convicted o f a crim inal offence and sentenced to imprisonment without an option o f a fine. (2) W henever a vacancy occurs on the Council, the Minister shall appoint a member to fill that vacancy for the unexpired term o f office while making such an appointment they shall comply with the provisions o f section 4. Commi ttees of the Council - 8 Verify source ↗
(l) The Council may, for the purpose o f perform ing its
The Council may establish committees and, with Minister approval, assign functions to a committee. Committees must be tripartite, have at least three of their own members, and non-member committee members cannot vote when the committee has been given functions under this section.
8 .-(l) The Council may, for the purpose o f perform ing its functions - (a) establish committees to perform specific functions o f the Council; and (b) subject to the approval o f the Minister, assign any o f its functions to a com m ittee on conditions it may deem necessary to impose. (2) A committee appointed by the Council - (a) shall be tripartite; (b) comprise at least three of its own members; and (c) may include any number of other committee members, but such members shall not vote in meetings o f the committee if that committee has been assigned functions in terms of subsection (l)(b). (3) Any function performed by a committee in terms o f this section shall be deemed to be performed by the Council. Meetings o f the Council - 9 Verify source ↗
(l) The Chairperson shall c a ll
The Chairperson must call at least three Council meetings each year, preside when present, and the Council must keep written records.
9.-(l) The Chairperson shall c a ll- (a) at least three meetings o f the Council in a calendar year; No. 7 Labour Institutions 2004 (b) meetings o f the Council in accordance with its rules; (c) a special meeting o f the Council - (i) at the written and motivated request of four members; or (ii) at the request o f the Minister. (2) The chairperson shall preside over all meetings of the Council at which the chairperson is present. (3) If the chaiiperson is not present, the members may elect a chairperson from among their number to chair the meeting. (4) The majority of the members o f the Council constitute a quorum provided that there is at least one member representing each of the following interests - (a) the government; (b) employers; and (c) employees. (5) A decision o f the majority o f the members o f the Council present at the meeting shall be the decision of the Council. (6) In the case of a tied vote, the member presiding at the meeting shall have a casting vote in addition to that member's deliberative vote. (7) The Council shall keep a written record o f its meetings. - 10 Verify source ↗
(1) The Permanent S ecretary
The Permanent Secretary must provide Ministry staff for the Council’s secretariat and may designate an officer as Secretary to the Council. The Council may contract with persons to assist it, but only after consulting the Permanent Secretary and with the Permanent Secretary’s approval of the contract conditions.
10.-(1) The Permanent S ecretary- (a) shall provide members o f staff in the Ministry available to be a Secretariat of the Council in the performance o f its functions; and (b) may designate an officer in the Ministry to serve as a Secretary to the Council. Admini stration of the Council (2) The Council may contract with persons to assist it in the performance o f its functions - 669 No. 7 Labour Inst'tut ions 2004 (a) after consultation with the Permanent Secretary; and (b) with the approval of the Permanent Secretary as to the conditions of the contract. Annual report of the Council Establi shment of Commi ssion Indepe ndence and status o f the C ommi- ssion - 11 Verify source ↗
The Council shall submit an annual report of its activities in
The Council must submit an annual activities report to the Minister by 30 June of the following year.
11. The Council shall submit an annual report of its activities in each calendar year to the Minister before 30 June o f the next year. PART III C o m m i s s i o n f o r M e d ia t i o n a n d A r b i t r a t i o n
Part
PART III
- 17 Verify source ↗
Tenure and conditions o f service? o f commissioners
This section concerns the tenure and conditions of service of commissioners.
17. Tenure and conditions o f service? o f commissioners. - 20 Verify source ↗
Powers o f mediators and arbitrators
This section concerns the powers of mediators and arbitrators.
20. Powers o f mediators and arbitrators. - 24 Verify source ↗
Accounts and audits
Section title: Accounts and audits.
24. Accounts and audits. No. 7 Labour Institutions 2004 - 27 Verify source ↗
Limitation of liability and limitation o f disclosure
Section 27 is titled “Limitation of liability and limitation of disclosure.”
27. Limitation of liability and limitation o f disclosure. - 28 Verify source ↗
Annual report o f the Commission
This section is titled “Annual report of the Commission” and appears under Part IV, “Essential Services Committee.”
28. Annual report o f the Commission. PART IV E s s e n t i a l S e r v i c e s C o m m i t t e e - 12 Verify source ↗
There is hereby establi hment a Commission for Mediation and
This section establishes a Commission for Mediation and Arbitration.
12. There is hereby establi hment a Commission for Mediation and Arbitration. - 13 Verify source ↗
(1) The Commission shall be
The Commission must be independent and not subject to direction or control while carrying out its functions.
13.-(1) The Commission shall be - (a) an independent department o f Government; (b) shall not, in the performance of its functions, be subjected to the direction or control of any person or authority; and (c) independent o f any political party, trade union, employers' or federation unions trade o f association, employers' associations. (2) The Government, public authorities and other registered organisations and federations shall provide such assistance and cooperation as may be required to ensure the effectiveness o f the provisions of subsection (1). Subject to the provisions of this Act, the provisions o f any (3) written law relating to public departm ents shall apply to the Commission and the office o f the Commission and any office established under the Commission shall be a public office. Functions of the C ommi ssion - 14 Verify source ↗
( 1) The functions o f the Commission shall be to
The Commission may mediate disputes, determine certain disputes by arbitration, help set up worker participation forums, give advice and training, offer mediation on unassigned disputes, and conduct or review certain union or employer association elections or ballots.
14.-( 1) The functions o f the Commission shall be to- (a) mediate any dispute referred to it in terms of any labour law; (b) determine any dispute referred to it by arbitration if- 670 No. 7 Labour Institutions 2004 (i) a labour law requires the dispute to e determined by arbitration; (ii) (iii) the parties to the dispute agree to it being determined by arbitration; the Labour Court refers the dispute to the Commission to be determined by arbitration in terms o f sec :;>n 94(3)(a)(ii) o f the Employment and Labour P Nations Act, 2004; Act No. 6 of 2004 (c) facilitate the establishm ent o f a for workers participation, if requested to do so in tt m s o f section 72 of the Employment and Labour Relations /• z t forum (2) Th Commission may - (a) upon request, provide employees, employers and registered organisations and federations with advice and training relating to the prevention and settlement o f disputes; (b) offer to mediate a dispute that has not been referred to it; (c) conduct or scrutinise any election or ballot o f a registered trade union or employers' association if- (i) required to do so by the L ajour Court; or (ii) ai the request o f the union )r association concerned. - 15 Verify source ↗
(1)
The Commission may appoint and assign dispute mediators and arbitrators, establish offices and divisions, make internal and dispute-procedure rules, publish guidelines, and issue a code of ethics; it must publish prescribed rules or guidelines in the Gazette.
15.-(1) In the performance of its functions, the Commission may- (a) appoint a director, mediators and arbitrators; (b) assign mediators and arbitrators to mediate and arbitrate disputes in accordance with the provisions of any labour law; (c) establish offices in areas and at administrative levels as it may determine; (d) establish divisions of the Commission and assign particular Powers of Commi ssion responsibilities to them; (e) make rules to regulate - (i) its internal administration; 671 No. 7 Labour Institutions 2004 (ii) the practice and procedure for mediating disputes; (iii) (iv) the practice and procedure for arbitrating disputes; the practice and procedure o f the essential services committee; (f) publish guidelines; (g) publish a code of ethics for mediators and arbitrators. (2) The Commission shall, by notice in the Gazette, publish any rules or guidelines prescribed in subsection (l)(e) and (f), Composi tion of the Commi ssion - 16 Verify source ↗
(1) The Commission shall consist o f
This section sets the Commission’s makeup and says the President appoints the Chairperson and four of the Commissioners through the stated recommendation and consultation process.
16.-(1) The Commission shall consist o f - (a) a chairperson, who shall not be - (i) a member, official or office bearer o f a trade union, employers association or federation; or (ii) an employee in the public service; (b) six other commissioners. (2) The chairperson shall be appointed from among persons who have knowledge, experience and a considerable degree o f involvement in labour matters. (3) The President shall appoint - (a) the Chairperson, from a list o f three persons recommended by the Council; (b) two Commissioners proposed by members o f the Council representing the interests of employees; (c) two Commissioners proposed by members o f the Council representing the interests of employers; (d) two Commissioners to represent the Government. 672 No. 7 Labour Institutions 2004 (4) The appointment referred to in subsection (3) shall be made on the recommendation o f the Minister after the Minister has consulted with the Council. - 17 Verify source ↗
( 1) A Commissioner shall hold office for a period o f three years
A Commissioner serves a three-year term, may be reappointed, is not salaried, and may be removed or replaced in specified circumstances.
17.-( 1) A Commissioner shall hold office for a period o f three years and shall be eligible for re-appointment at the end of the term of office. (2) The office o f Commissioner shall not be a full time office and a commissioner shall not be paid a salary but shall be paid allowances for attending meetings, travel and subsistence at a rate determined by the Minister on the recommendation o f the Permanent Secretary after consultation with the Permanent Secretary o f the Office of Public Service Management. Tenure and con ditions of services o f Commi ssioners (3) The office o f a Commissioner shall become vacant if the Commissioner- (a) resigns; or (b) is removed from office in terms of subsection (4). (4) The President, on the recommendations of the Minister, shall remove a Commissioner from office if the Commissioner - (a) no longer represents the interest in respect o f which the member was appointed in terms of section 16(3); provided that, removal o f a Commissioner on this ground shall be done only if requested by the constituency whose interests that Commissioner represents; (b) is guilty of serious misconduct relating to the performance o f the Commissioner's functions; (c) is not able to perform the functions o f a Commissioner (due to illness or any other reason); (d) is absent from three consecutive meetings of the Commission without permission or good cause; (e) is declared bankrupt; or 673 No. 7 Labour Institutions 2004 (f) is convicted o f a crirriinal offence and sentenced imprisonment without an option of a fine. to (5) The M inister shall consult with th* Council before making a recommendation to the President to remove a Commissioner from office. (6) Whenever an office o f a Commissioner becomes vacant, the President, shall appoint a commissioner to till that vacancy for the un-expired term o f office and while making such an appointment, he shall comply with the provisions o f section 16(3). - 18 Verify source ↗
( 1) There shall be appointed a Director and a Deputy Director
The Commission must appoint a Director and Deputy Director after consulting the Minister. The Director manages Commission work, may mediate/arbitrate disputes, may delegate functions, and may refer disputes to the Labour Court if it is in the public interest.
18.-( 1) There shall be appointed a Director and a Deputy Director of the Commission. (2) The Commission, after consultation with the Minister shall, appoint a Director and a Deputy Director from among persons who are knowledgeable, skilled and experienced in labour relations and dispute prevention and resolution. (3) The Director shall be the chief executive of the Commission and subject to the general directions and control of the Commission- (a) be responsible for carrying c ,t the policy decisions of the to day adm inistration and Com m ission and management o f the affairs o f t i Commission; the day (b) perform the functions that are conferred on the Director by the law o- delegated the D irector by to any labour Commission; (c) may m ediate and arbitrate disputes the Commission under th.i Employment and Labour Relations Act. referred to (4) The Director shall, unless in any particular case the Commission otherwise directs in writing, attend all meetings o f the Commission but shall have no vote. 674 Director o f the Commi ssion Act No. (t o f 2004 No. 7 Labour Institutions 2004 (5) The Director, in consultation with the Commission, may delegate any of his functions or the function of the Commission to any mediator, arbitrator or member o f staff. (6) Notwithstanding any provisions in this Act, the Director may refer any dispute referred to the Commission to the Labour Court for its decision if it is in the public interest to do so. - 19 Verify source ↗
(1) The Commission shall appoint as many mediators and
The Commission appoints mediators and arbitrators, can set their terms, must prepare a code of conduct, and may remove them only for specified grounds.
19.-(1) The Commission shall appoint as many mediators and arbitrators as it considers necessary to perform the functions o f the Commission. Mediators and arbi trators (2) The Commission may appoint mediators and arbitrators on either a full-time or part-time basis and on terms and conditions determined by it, in consultation with the Office o f the Public Service Management. (3) When appointing a mediator or arbitrator, the Commission shall independent and have due regard to the need to constitute an professional Commission. (4) The Commission shall prepare a code of conduct for mediators and arbitrators and ensure that they comply with the code o f conduct in performing their functions. (5) The Commission shall be responsible for the control and discipline o f mediators and arbitrators provided that the control or discipline does not amount to interference with the independence of the mediator or arbitrator in any dispute. (6) The Commission may remove a mediator or arbitrator from office only for- (a) serious misconduct relating to the functions o f a mediator or arbitrator; (b) incapacity relating to the functions o f a m ediator or arbitrator; (c) a material violation of the code o f conduct referred to in subsection (4). 675 No. 7 Act No. 6 o f 2004 Powers of mediators and arbi trators Labour Institutions 2004 (7) Nothing in this Act or the Employment Labour Relations Act precludes- (a) a person being appointed as both a mediator and an arbitrator under this section; (b) such a person from being assigned to perform both capacities • * ;3j£ in respect o f a dispute. i/Ifi 9* (8) An assignment o f a person in terms o f subsection (7)(b) shall only take place where there are published rules and guidelines regulating the performance o f such persons. - 20 Verify source ↗
(l) Mediators and arbitrators appointed in terms o f this Act
Mediators and arbitrators appointed under this Act may summon people, question them, require relevant items, and administer oaths or affirmations; the Commission must pay the prescribed witness fee to people who attend in response to a summons.
20.-(l) Mediators and arbitrators appointed in terms o f this Act may - (a) summon any person for questioning or to attend a mediation or arbitration hearing if the mediator or arbitrator considers that, that person's attendance shall assist in the resolution of the dispute; (b) summon any person who is believed to have possession or control o f any book, document or object relevant to the resolution o f the dispute, to appear before the mediator or arbitrator to be questioned and to produce the book, document or object; (c) administer an oath or accept an affirmation from any person called to give evidence; and (d) question any person about any matter relevant to the dispute. (2) The Commission shall pay the prescribed witness fee to each person who appears before a mediator or arbitrator in response to a summons issued in terms o f this section. (3) Any person, who does or omits to do any o f the acts provided for in paragraphs (a) to (i) o f this subsection, commits contempt o f the Commission: (a) if, after having been summoned to appear before a mediator or arbitrator, the person, without good cause, fails to appear at the place, date and time stated in the summons; 676 No. 7 Labour Institutions 2004 (b) if, after having appeared in response to a summons, the person fails to remain in attendance until excused by the mediator or arbitrator; (c) by refusing to take the oath or to make an affirmation as a witness when a mediator or arbitrator so requires; (d) by refusing to answer any question fully or to the best o f that person's knowledge and belief subject to any law entitling that person to refuse to do so; (e) if the person, without good cause, fails to produce any book, document or object specified in the summons; (f) if the person wilfully hinders a mediator or arbitrator in performing any function conferred by or in terms o f any labour law; (g) if the person insults, disparages or belittles a mediator or arbitrator, influences proceedings or im properly anticipates a m ediator's or arbitrator's decision; or prejudices or im properly (h) by wilfully interrupting the m ediation or arbitration proceedings or misbehaving in any other manner during those proceedings; (i) by doing anything else in relation to the Commission which, if done in relation to a court of law, would have been contempt of court. - 21 Verify source ↗
A Commissioner, the Director, mediator and arbitrator shall,
A Commissioner, the Director, a mediator, and an arbitrator must take and subscribe to an oath before starting office duties.
21. A Commissioner, the Director, mediator and arbitrator shall, before entering upon the duties o f office, take and subscribe to an oath for the due performance o f the functions of office as set out in the Schedule to this Act. Oaths
Part
PART IV
- 29 Verify source ↗
Establishment o f Essential Services Committee
This section is about the establishment of the Essential Services Committee.
29. Establishment o f Essential Services Committee. - 30 Verify source ↗
Functions o f Essential Services Committee
Section title only: “Functions o f Essential Services Committee.”
30. Functions o f Essential Services Committee. - 31 Verify source ↗
Appointment o f Essential Services Committee
This section concerns the appointment of the Essential Services Committee.
31. Appointment o f Essential Services Committee. - 32 Verify source ↗
Powers o f Essential Services Committee
This section is titled “Powers of Essential Services Committee,” but the supplied text does not state any specific powers.
32. Powers o f Essential Services Committee. - 33 Verify source ↗
Administration of Essential Services Committee
This text appears to be a section heading for the Administration of Essential Services Committee within Part V on Wage Boards.
33. Administration of Essential Services Committee. PART V W a g e B o a r d s Interpretation. Investigations. - 29 Verify source ↗
Section 29
An Essential Services Committee is established within the Commission.
29. There is hereby established an Essential Services Committee within the Commission. Establi shment of Essential Services Commi ttee 680 No. 7 Labour Institutions - 30 Verify source ↗
The functions o f the Essential Services Committee shall be
The Essential Services Committee may designate essential services and determine disputes about whether an employee or employer is engaged in a designated essential service.
30. The functions o f the Essential Services Committee shall be - (a) to designate essential services in terms o f section 76(3) of Employment and Labour Relations Act; and (b) to determine disputes about whether or not an employee or employer is engaged in a designated essential service. - 31 Verify source ↗
(1) The Minister shall in consultation with the Council
The Minister appoints the Essential Services Committee members, chooses its chairperson, may determine allowances, and must remove a member in listed cases.
31.-(1) The Minister shall in consultation with the Council- (a) appoint five members with knowledge and experience of labour law and labour relations as members o f the Essential Services Committee; and (b) appoint one o f such members to be a Chairperson of the Committee. 2004 Functions of Essential Service Commi ttee Act No. 6 o f 2004 Appoint ment of Essential Service Commi ttee (2) The Chairperson and members o f the Essential Services Committee (a) shall be appointed for three years; and (b) may be re-appointed at the end of the term of office. (3) The Minister, on the recommendations o f the Permanent Sccrctary may determine the a l l o w a n c e s to be paid to members of the Essential Services Committee for attending meetings, travel and subsistence. (4) The Permanent Secretary shall consult with the Permanent Secretary of the Office for Public Service Management prior to the or making a recommendation stipulated in sub-section (3). (5) member- The Minister shall remove a member from office if the (a) has resigned in writing and delivered the resignation to the Permanent Secretary; (b) is guilty o f serious misconduct relating to the performance o f the member's function*- (c) is not able to perfon the functions o f a member (due to illness or any other re^ o n ); or 681 No. 7 Labour Institutions 2004 (d) is absent from three consecutive meetings o f the Essential Services Committee with -t permission or good cause; (e) is declared bankrupt; (f) is convicted o f a criminal offence and sentenced imprisonment without an option o f r fine. to (6) When 'ver a vacancy occurs or the Essential Services Committee, the Minister shall appoint a mem the un-expired term of office ana white ma he shall comply with the provisions of subsection (1). :r to fill that vacancy for lg such an appointment - 32 Verify source ↗
(l) The F"sential Services Committee: may
The Committee may summon and question people, require relevant documents or objects, and administer oaths or affirmations. People need not answer or provide items where there is a lawful ground not to do so. The Commission must pay the prescribed witness fee to people who appear in response to a subpoena under this section.
32.-(l) The F"sential Services Committee: may- (a) sumr ion for questioning any person to attend a hearing if the Committee considers that, that person's attendance will assist in 'he performance o f its functions; (b) summon any person, who is believed to hi ve in his possession or control o f any book, document oi object relevant to the performance o f its functions, to appear before the Committee to be questioned and to produce the book, document or object; (c) administer an oath or accept an affirmation from any person called to give evidence; and (d) question any person about any matter relevant to the performance o f its functions. (2) Nothing in subsection (1) shall require any person to answer any question or furnish any information, book, document or object if there is a lawful ground for not doing so. (3) The Commission shall pay the prescribed witness fee to each person who appears before a mediator or arbitrator in response to a subpoena issued in terms o f this section. - 33 Verify source ↗
( 1) The Essential Services Committee may make rules for the
The Essential Services Committee may make rules for its meetings, and the Commission must provide staff to act as its Secretariat.
33.-( 1) The Essential Services Committee may make rules for the conduct o f its meetings. 682 ' iwers of Essential Services Commi ttee Admini stration of Essential Services Commi ttee No. 7 Labour Institutions 2004 (2) The Commission shall provide staff available to be a Secretariat o f the Essential Services Committee to assist it in the performance of its functions. PART V W a g e B o a r d s
Part
PART V
- 36 Verify source ↗
Functions and powers o f wage boards
This section is titled “Functions and powers of wage boards.”
36. Functions and powers o f wage boards. - 42 Verify source ↗
Administration o f wage board
This section is titled “Administration of wage board.”
42. Administration o f wage board. PART VI L a b o u r A d m i n i s t r a t i o n a n d I n s p e c t i o n - 34 Verify source ↗
For the.purpose o f this Part, 'Minister' means
This provision defines “Minister” for this Part.
34. For the.purpose o f this Part, 'Minister' means- Interpre tation (a) the Minister for the time being responsible for the public service if the sector in respect o f which the provisions o f this Part are to apply is the whole or part o f the public service; or (b) the Minister for the time being responsible for labour matters in respect of any other sector.
Part
PART VI
- 43 Verify source ↗
Appointment o f Labour Commissioner and other officers
This section is titled “Appointment of Labour Commissioner and other officers.”
43. Appointment o f Labour Commissioner and other officers. - 48 Verify source ↗
Appeals from order o f Labour Commissioner
This section concerns appeals from an order of the Labour Commissioner.
48. Appeals from order o f Labour Commissioner. - 49 Verify source ↗
Offences in relation to labour officers
This section concerns offences relating to labour officers.
49. Offences in relation to labour officers. No. 7 Labour Institutions 2004 • « - 66 Verify source ↗
Section 66
This section is a contents-style listing for Part VII and Part VIII of the Act, including Labour Court topics, confidentiality, burden of proof, offences, penalties, and regulations.
66. PART VII L a b o u r C o u r t Establishment and constitution o f a Labour Court. Jurisdiction o f the Labour Court. Powers of the Labour Court. Assessors. Registrar and Deputy Registrar o f the Labour Court. Rules of the Labour Court. Representation in the Labour Court. Appeals from decisions of the Labour Court. Referral o f point o f law to Court o f Appeal. PART VIII G e n e r a l Confidentiality. Burden o f proof. Presumption as to who is an employee. Guidelines. Offences. Penalties. Regulations. Savings and transitional provisions. SCHEDULE No. 7 Labour Institutions ! 2004 THE UNITED REPUBLIC OF TANZANIA V ' No. 7 OF 2004 ! j I A s s e n t , B e n j a m i n W . M k a p a President 4th June, 2004 I An Act to provide for the establishment of Labour Institutions, to provide for their functions, powers and duties, and to provide for other matters related to them. [............................................................ ] E n a c t e d by the Parliament o f the United Republic o f Tanzania. P A R T I P r e l i m i n a r y P r o v i s i o n s - 43 Verify source ↗
(l) The President, shall appoint a Labour Commissioner and a
The President and the Minister must appoint specified labour officials, and those officials are responsible for administering and regulating labour-law functions.
43.-(l) The President, shall appoint a Labour Commissioner and a Deputy Labour Commissioner, who shall be responsible for the administration of the labour laws. (2) The Minister, shall appoint a Registrar of Organisations and a Deputy Registrar, who shall be responsible for the regulation o f trade unions, employer organisations and federations under Part IV o f the Employment and Labour Relations Act. (3) The Minister shall appoint Assistant Labour Commissioners to head the sections of Labour Relations, Labour Inspection and Social Security. (4) There shall be as many labour officers as are necessary to administer and enforce the labour laws. Delega tion - 44 Verify source ↗
(l) The Labour Commissioner, in writing, may delegate to the
The Labour Commissioner and the Registrar of Organisations may delegate some of their powers, functions, and duties in writing.
44.-(l) The Labour Commissioner, in writing, may delegate to the Deputy Labour Commissioner, Assistant Labour Commissioners or any labour officer, any o f the Commissioner's powers, functions ar 1 duties. (2) The Registrar o f Organisations, in writing, may delegate to the Deputy Registrar any o f the Registrar's powers, functions or duties. (3) The Labour Commissioner or Registrar o f Organisations, as the case may be, may- (a) attach conditions to a delegation and may amend or revoke a delegation at any time; (b) vary or set as’de any decision made by a person acting in terms o f a delegation made in terms o f subsections (1) or (2). Powers of labour officers - 45 Verify source ↗
(l) For the purposes of the administration o f labour laws, a
A labour officer may inspect workplaces and related records, and the person in charge of an employed premises must provide reasonably required facilities.
45.-(l) For the purposes of the administration o f labour laws, a labour officer may- (a) at any reasonable time enter any premises with a prescribed certificate o f authorisation and- 690 No. 7 Labour Institutions 2004 (i) require that the premises or any part o f it shall not be disturbed during an is reasonably necessary to search the premises; inspection as long as it (ii) search for and exam ine any document or object; inform ation book, (iii) seize, make a copy of any information, book, document or object; (iv) take a sample o f any object found; (v) take m easurem ents, photographs; and readings, recordings or (vi) question any person on the premises; (b) order, in the prescribed form, any person to appear before him at a specified date, time and place and to question that person; (c) require any person who has control over any information, book, document or object to furnish it and explain any entry in the information, book or document or on the object; (d) examine, make a copy or seize any book, document or object produced in terms of paragraph (c); (e) take a sample o f any object produced in terms o f paragraph (c); (f) give directions on where notices required in terms o f this Act are to be posted; (g) request a member of the Police Force to assist in the exercise of the powers referred to in this subsection; (h) request any person to assist as an interpreter or otherwise in the exercise o f the powers referred to in this subsection; and (i) institute proceedings in the Resident’s or District Court in respect of any contravention o f any labour law and may the Labour appear and prosecute Commissioner. the nam e of in 691 No. 7 Labour Institutions 2004 (2) Any information, book, document, sample or object referred to in this section shall be relevant to the enforcement and administration of the labour laws. (3) A labour officer shall issue a receipt for any book, document or object seized in terms o f this section. (4) If asked, a labour officer shall produce the certificate referred to in subsection (l)(a). . >v d-i' (5) Any police officer requested to assist in terms o f subsection (1), or any person requested to assist in terms o f subsection (1), may accompany the labour officer as if that member or person were a labour officer. (6) Any individual in charge o f any premises on which individuals are employed shall provide facilities as may be reasonably required in order for a labour officer to exercise the powers referred to in subsection (1). Compli ance order - 46 Verify source ↗
(l) A labour officer who has reasonable grounds to believe that
A labour officer may issue a compliance order if there are reasonable grounds to believe an employer has not complied with labour laws.
46.-(l) A labour officer who has reasonable grounds to believe that an employer has not complied with a provision o f the labour laws, he may issue a compliance order in the prescribed form. (2) The labour officer shall serve the compliance order on- (a) the employer; (b) any registered trade union with m em bers among the employees affected by the order; (c) each employee affected by it. I (3) The failure to serve the stipulated order on ’ the persons stipulated in subsection (2)(b) shall not invalidate the order. (4) The employer shall display a copy of the order prominently at a place accessible to the affected employees at each workplace named in the order. 692 No. 7 Labour Institutions 2004 (5) An employer shall comply with a compliance order issued in terms of subsection (1) within the time period stated in the order. (6) The Labour Commissioner may apply to the Labour Court to enforce the compliance order if the employer has not complied with the order and has not objected to the order in terms o f section 47(1). - 47 Verify source ↗
(l) An employer may object in writing to a compliance order
An employer may object in writing to a compliance order within 30 days of receiving it.
47.-(l) An employer may object in writing to a compliance order issued in terms of section 46 within 30 days o f receipt of that order. rirrf- (2) The employer shall- Objecti ons to compli ance order (a) serve the objection on the Labour Commissioner; (b) serve a copy o f the objection on any registered trade union with members among the employees; (c) display a copy o f the objection in a prominent place accessible to the employees affected by the order. ( 3 ) The L a b o u r C o m m is s io n e r , o n g o o d c a u s e , m a y condone a late objection made in terms o f subsection (1). (4) After considering any representations by the employer, the employees or a registered trade union, the Labour Commissioner- (a) may confirm, modify or cancel an order; (b) shall specify the period within which the employer shall comply with any confirmed or modified order. (5) The Labour Commissioner shall serve a copy o f the order made under subsection (4) on- (a) the employer; (b) any registered trade union with m em bers among the employees affected by the order; (c) the employees affected by the order. 693 No. 7 Labour Institutions 2004 (6) The failure to serve a copy o f the order on the persons stipulated in subsection (5)(b) and (c) shall not invalidate the order. (7) If the Labour Commissioner confirms or modifies an order made under subsection (4), the employer shall comply with that order within the time period specified in that order. (8) The Labo.ur Commissioner may apply to the Labour Court to enforce the compliance order if the employer has not complied with the order and has not lodged an appeal in terms o f section 48. Appeals from order of Labour Commi ssioner - 48 Verify source ↗
(l) An employer may appeal to the Labour Court against an
An employer may appeal a Labour Commissioner’s order to the Labour Court within 30 days, and the Court can suspend, late-condone, confirm, modify, or cancel the order. The provision also creates offences for obstructing labour officers and related misconduct, and lets the Chief Justice exempt the Labour Court from filing fees in labour matters.
48.-(l) An employer may appeal to the Labour Court against an order of the Labour Commissioner within 30 days o f receipt of the order. (2) Upon an application by the employer, the Labour Court may, on such terms and such conditions as it may impose, suspend the order of the Labour Commissioner pending the final order o f the Labour Court or any other appeal against the decision of the Labour Court. (3) The Labour Court, on good cause, may condone any appeal made after the 30 days has expired. (4) The Labour Court may confirm, modify or cancel an order, and the order in respect of which is confirmed, modified or cancelled shall specify the period within which the employer shall comply with the confirmed or modified order. Offences in relation lo labour officers 4 9 .-0 ) Subject to subsection (2), any person who commits any o f the following acts shall be guilty o f an offence - (a) hindering or obstructing a labour officer in the performance o f the officer's functions or the exercise of the officer's powers; (b) refusing or failing to answer, without good reason, any question put by a labour officer in terms of section 45 • 0)(a)(vi) or (l)(c); (c) refusing or failing to appear in terms o f section 45 (l)(b); 694 No. 7 Labour Institutions 2004 (d) refusing or failing to furnish any inform ation, book, document or object after being required to do so in terms of section 45 (1 )(c); (e) wilfully furnishing false and misleading information to a labour officer; (f) refusing or failling to comply with any lawful request of, or lawful order by, a labour officer or any other person performing a function in terms o f this Act or any other labour law; (g) falsely claiming to be a labour officer. (2) It shall not be an offence to refuse to answer a question or {..ruduce .my information, book, document or object if there is a lawful ground tor the refusal. /JC7 / } ( 2or6 m y Establi shment and con stitution o f a Labour Court PART VII L a b o u r C o u r t ^ 50.-£JK) T her^shall be established a Labour Div/sion op$Ke Hij (2) The Labour Division of the High Court shall consist of:- i (a) such number o f Judges as the Chief Justice may consider necessary; (b) two panels o f assessors appointed in terms of section 53. i t (3) The Labour Division o f the High Court shall be constituted by a Judge sitting with at least two assessors nominated by the presiding Judge from each o f the panels appointed in terms o f sub section (2) (b) of this section, provided that, it shall not be necessary for the Judge to ■;it with assessors:- (a) in application proceedings; (b) if the parties to the dispute agree; or (c) if it is necessary for the expeditious resolution oi proceedings. 695 No. 7 Labour Institutions 2004 (4) The decision o f the Labour Court shall be made by the Judge after taking into account the opinions o f the assessors, if any. If the Judge does not agree with such opinions, the Judge shall give reasons. (5) No proceedings of the Labour Division o f the High Court shall be invalid for the reasons only that:- (a) the appointment o f an assessor was defective; (b) after the commencement o f the proceedings, the Court proceeds without an assessor because- (i) an assessor is unable to sit; or (ii) the Judge o f the Labour Court removes the assessor the from administration o f justice. the proceedings interest o f the in ^ a S ^ ( 6 ) The Chief Justice may exempt the Labour Court from the V requirement o f filing fees in any labour matter filed beforeJX. Jurisdi ction of the Labour Court Powers of the Labour Court
Part
SCHEDULE
- 1 Verify source ↗
This Act may be citcd as the Labour Institutions Act, 2004 and
This section gives the Act’s short title and says it starts on a date the Minister appoints by notice in the Gazette.
1. This Act may be citcd as the Labour Institutions Act, 2004 and shall come into operation on such date as the Minister may, by notice published in the Gazette, appoint. - 2 Verify source ↗
In this Act, unless the context otherwise require^
This section defines key terms used in the Act, including several labour institutions and officeholders.
2. In this Act, unless the context otherwise require^. - “Commission” means the Commission for Mediation and Arbitration I Short title and co m m e ncem ent Interpre- tatior established under section 12; "ouncil” means “Council” means established under section 3; Court " C o u r t ~ - -------- -- - - 663 the Labour, Econom ic and Social Council, the Labour, Econom ic and Social Council. ^ f i d c l t * b y f r t I f / W * s.l% .J No. 7 Act No. 6 of 2004 Labour Institutions 2004 -‘ELRA” means the Employment and Labour Relations Act, 2004; “Labour Commissioner” means the Labour Commissioner appointed in terms of section 43(1) and in the absence o f the Labour Commissioner, the Deputy Labour Commissioner; “Labour Court” means the Labour Division o f the High Court established in accordance with the provisions of section 50; “labour laws” includes this Act and any other written law in respect of which the Minister is responsible; “labour officer” means a labour officer stipulated in section 43(3) and the Deputy Labour the Labour Com m issioner or includes Commissioner; “Minister” means subject to section 34(a), the Minister for the time being responsible for labour matters; “Permanent Secretary” means unless otherwise expressed in this Act, the Permanent Secretary o f the Ministiy responsible for Labour matters; “Registrar o f the Labour Court” means the Registrar appointed in terms o f section 54; “ R e g is t r a r o f O r g a n i s a t i o n s ” m e a n s th e R e g is t r a r a p p o in t e d in t e r m s o f section 43(2) and in the absence of the Registrar, the Deputy Registrar appointed in terms o f subsection (2); “Sector” means an industry or a service or part of an industry or a service. PART II L a b o u r , E c o n o m i c a n d S o c i a l C o u n c i l
Part
Schedule to this Act.
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(l)
The Director may appoint staff after consulting the Staff of the Commission, the Commission must determine staff remuneration with the Public Service Management office, and the Director is responsible for staff control and discipline.
22.-(l) Commission. The Director may appoint staff after consulting the StafT of the Commi ssion (2) The Commission, in consultation with the Office o f the Public Service Management, shall determine the remuneration o f staff members. 611 No. 7 Labour Institutions 2004 (3) The Director shall be responsible for the control and discipline o f the staff. Finances o f the Commi ssion of- - 23 Verify source ↗
(l) The funds and resources of the Commission shall consist
The Commission’s funds come from appropriations, donations, grants, bequests, and other lawful property or money, and it must account to the National Assembly and submit an annual budget to the Minister.
23.-(l) The funds and resources of the Commission shall consist (a) moneys appropriated by Parliament; (b) donations, grants or bequests as the Commission may from time to time receive without compromising the independence o f the Commission; (c) such other moneys or property accruing to the Commission- (i) under any written law; or (ii) in any other manner in the performance o f its functions. (2) The Commission shall be responsible to the National Assembly in a c c o u n t in g f o r its r e v e n u e a n d e x p e n d it u r e . (3) The financial year o f the Commission begins on first July in each year and ends on thirtieth June of the next year. (4) In each financial year, at a time determined by the Minister, the Commission shall submit to the Minister a detailed annual budget for the next financial year including the Commission's estimated income and expenditure and the requested appropriation from Parliament. (5) In preparing its estimates under subsection (4), the Commission shall have regard to the advice o f the Minister and the Minister responsible for Finance. (6) The Minister shall, upon receipt of an annual budget, table the budget before the National Assembly. Accounts and audits - 24 Verify source ↗
( 1) The Commission shall
The Commission must keep proper accounts and records, prepare appropriation and annual accounts, and have its accounts audited and certified by the Controller and Auditor General each financial year.
24.-( 1) The Commission shall - (a) keep proper books o f accounts and records o f its income, expenditure, assets and liabilities; 678 No. 7 Labour Institutions 2004 (b) take all reasonable measures to ensure that the resources of the Cotnmission are safeguarded and utilised in the moEt economic, efficient and effective manner; U ) prepare appropriation accounts in accordance with the Public Finance Act, 2001; Act No. 6 o f 2001 (d) prepare annual accounts in accordance with generally accepted accounting practice in respect o f all its transactions. (2) The accounts o f the Commission shall be audited by the Controller and Auditor General in respect o f each financial year. (3) After the audit, the Controller and the Auditor Genera! shall certify the accounts o f the Commission and submit the report to the Commission. - 25 Verify source ↗
(1) The Commission may contract with any person to
The Commission may contract with any person to do work or perform functions for it, and contracted persons must follow the Commission’s independence requirements.
25.-(1) The Commission may contract with any person to - ♦ do .vork for the Commission; Power to contract perform any function on behalf of the Commission. (a) (b) (2) Any person with whom the Commission contracts shall be bound by the requirements o f independence that l.inds the Commission under section 13. - 26 Verify source ↗
(l) The Commission may delegate in writing m y of its func
The Commission may delegate some of its functions in writing, but not certain listed functions. It may also attach conditions, amend or revoke a delegation, and vary or set aside decisions made under a delegation.
26.-(l) The Commission may delegate in writing m y of its func tions, other than the functions prescribed below, to any member o f the Commission, the director, a committee o f the Commission, and a mediator or arbitrator appointed in terms o f section 19. The functions hat the Commission shall not delegate are: Delega tion o f Commi ssion’s pewers (a) appointing the director; (b) appointing mediators and arbitrators under section 19; (c) approvin- submissk the annual or supplem entary budget o the M inister in terms o f section 23; for (2) The Commission -nay attach conditions to a delegation and may amend or revoke a de’ogation at any time. 679 No. 7 Labour Institutions 2004 (3) The Commission may vary or set aside any decision made by a person acting in terms o f a delegation made in terms o f subsection ( 1). Limitation of liability and limi tation of disclosure - 27 Verify source ↗
( 1) The Commission shall be liable for any loss suffered by any
The Commission is liable for losses caused by acts or omissions done in good faith while carrying out its functions, and it must not disclose certain confidential or without-prejudice mediation information or documents.
27.-( 1) The Commission shall be liable for any loss suffered by any person as a result o f any act performed or omitted in good faith in the course of exercising the functions of the Commission. (2) The Commission may not disclose to any person, or in any court, any information or document acquired on confidential basis or without prejudice in the course o f mediation. (3) In this section, "Commission" includes the Commission, a Commissioner and any person employed, appointed or contracted by the Commission. Annual report of the Commi ssion - 28 Verify source ↗
(l) Within six months after the end of the financial year, the
The Commission must prepare and submit an annual report within six months after the end of the financial year, and the Minister must table it in the National Assembly as soon as reasonably practicable.
28.-(l) Within six months after the end of the financial year, the Commission shall prepare and submit to the National Assembly through the M inister an annual report in respect o f that year containing- (a) a copy of the audited accounts o f the Commission; (b) the auditor's report on those accounts; (c) a report on the operations o f the f ommission; and (d) any other information that the M inister may require. (2) The Minister shall table the report with the National Assembly as soon as reasonably practicable. PART IV E s s e n t i a l S e r v i c e s C o m m i t t e e
Part
Part are to apply is the whole or part o f the public service; or
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(l) The Minister may appoint a wage board in respect of a
The Minister may appoint a wage board to investigate pay and working conditions, must publish a Gazette notice about the board, and may remove members or set allowances. The wage board must report its findings and recommendations to the Minister.
35.-(l) The Minister may appoint a wage board in respect of a sector and area to investigate remuneration and terms and conditions of employment in any sector and area and shall report to the Minister on its Findings and recommendations. Appoint ment of wage boards (2) The Minister shall publish a notice in the Gazette prescribing- (a) the names o f the individuals appointed as members o f the wage board; (b) the terms o f reference of the investigation including- (i) tho sector and area to be investigated; (ii) the categories and classes o f employees to be included in the investigation; (iii) the matters to be investigated; and (c) an invitation to members of the public to make written representations within a period prescribed in the notice; (3) A wage board shall consist o f the following members to be appointed by the Minister- (a) a Chairperson; 683 No. 7 Labour Institutions 2004 (b) a member nominated by the members o f the Council who represents the interests o f employees; (c) a member nominated by the members of the Council who represents the interest o f employers. (4) A member of a wage board shall hold office until- (a) the Minister discharges the wage board; (b) the Minister has removed the member in terms of subsection (5); (5) The Minister- (a) may remove a member from office at any time; (b) shall remove a member from office if the member- (i) has resigned in writing and delivered the resignation to the Permanent Secretary; (ii) is guilty o f serious m isconduct relating performance o f a member's functions; to the (iii) is not able to perform the functions o f a member (due to illness or any other reason); (iv) is absent from three consecutive meetings o f the wage board without permission or good cause; (v) is declared bankrupt; (vi) is convicted of a criminal offence and sentenced to imprisonment without the option of a fine. (6) Whenever a vacancy occurs on a wage board, the Minister shall appoint a member to fill that vacancy in accordance with subsections (2) and (3). (7) The Minister, upon the recommendation o f the Permanent 684 No. 7 Labour Institutions 2004 ^ Secretary may determine the allowances to be paid to a member o f a wage board for attending meetings, travel and subsistence. . 2 * (8) The Permanent Secretary shall consult with the Permanent Secretary o f the Office for Public Service Management prior to making a recommendation stipulated in subsection (7). - 36 Verify source ↗
(l) The functions o f a wage board shall be within its terms of
A wage board may investigate minimum remuneration and employment conditions, promote collective bargaining, make recommendations to the Minister, and take certain investigative steps; the Commission must provide a mediator if requested.
36.-(l) The functions o f a wage board shall be within its terms of reference that is - (a) to conduct an investigation on a minimum remuneration and other conditions o f employment; (b) to promote collective bargaining between registered trade unions, employers and registered employers' associations; (c) to make recommendations to the Minister on a minimum wage and conditions o f employment. Functions and powers o f a wage board (2) In the performance o f its functions within its terms o f reference, a wage board may- (a) question any person who may be able to provide information relevant to any investigation; (b) require, in writing, any person to furnish any information, book, document or object that is material to the investigation; (c) conduct public hearings; (d) facilitate negotiations on a minimum remuneration and conditions of employment between registered trade unions, employers and registered employers' associations in the sector. (3) It shall be an offence to refuse to answer any question or furnish any information, book, document or object without a lawful ground for that refusal. (4) At the request o f a wage board, the Commission shall provide a mediator to facilitate the negotiations stipulated in subsection (2)(d). 685 No. 7 Investiga tions Labour Institutions 2004 - 37 Verify source ↗
In any investigation, a wage board shall take into account
When investigating, a wage board must consider the listed constitutional, international, submitted, and sector-related factors.
37. In any investigation, a wage board shall take into account- (a) articles 22 and 23 o f the Constitution o f the United Republic of Tanzania; (b) any applicable Convention or recom m endation o f the International Labour Organisation, whether or not the United Republic o f Tanzania is a signatory to the convention; (c) all representations and other information submitted to it; (d) all relevant factors including- (i) the ability o f employers to carry on their businesses successfully; (ii) the operation o f small, medium and micro-enterprises; (iii) the operation o f new enterprises; (iv) the cost o f living; (v) the alleviation o f poverty; (vi) the minimum subsistence level; (vii) the rem uneration and term s and conditions o f em ploym ent o f employees employed in the East African Community in the sector; (viii) any collective agreements providing for remuneration and terms and conditions o f employment in the sector; (ix) likely impact o f any proposed condition o f the employment on current employment or the creation of employment; (x) any other relevant matter. Report of wage board - 38 Verify source ↗
(l) On completion o f an investigation and after considering all
A wage board must prepare and submit a report to the Minister after completing an investigation and considering representations. If a collective agreement is reached, the Board must recommend extending it when the parties are sufficiently representative, and may recommend extension when they are not. A dissenting wage board member must submit a minority report.
38.-(l) On completion o f an investigation and after considering all representations made to it , a wage board shall prepare and submit a report to the Minister, which shall consist of- (a) the board's findings; (b) its recommendations on- (i) minimum wage for the sector and area; 686 No. 7 Labour Institutions 2004 (ii) any term and condition o f employment particular to the sector or area, including any variation of a basic employment condition referred to in section 9 o f the Employment and Labour Relations Act. (2) If as a result of any facilitation on the part of a wage board, the registered trade unions, employer organisations and employers in the sector conclude a collective agreement on the matters referred to in subsection (l)(b), the Board- (a) shall recommend the extension o f that agreement to all employers and employees in the sector and area if the parties to the agreement are sufficiently representative o f employers and employees in the sector and area; or (b) may recom mend the extension o f the agreem ent or provisions of the agreement to all employers and employees in the sector and area if the parties to the agreement are not sufficiently representative of employers and employees in the sector and area. (3) If a member of a wage board does not agree with a board's report or any part thereof, he shall submit a minority report which shall be accompanied with the board's report. - 39 Verify source ↗
(l) After considering a report and recommendations of a wage
The Minister may issue a wage order setting minimum wage and other employment conditions for employees in any sector or area, after considering a wage board report and recommendations.
39.-(l) After considering a report and recommendations of a wage board appointed in terms o f section 35, the Minister may make a wage order determining the minimum wage and other conditions of employment for employees in any sector and area of the economy- Making of a wage order (a) in accordance with the recommendations; (b) by notice in the Gazette; and (c) with effect from a date specified in the Gazette. (2) A wage order may, in respect of a sector and area- (a) set minimum rates o f remuneration; (b) provide for remuneration; the adjustm ent o f m inim um rates o f 687 No. 7 Labour Institutions 2004 (c) set minimum terms and conditions o f employment including any variation o f basic conditions of employment referred to in section 13 o f the Employment and Labour Relations Act; (d) regulate task based work, piece work, home work and contract work; (e) set minimum standards for housing and sanitation for employees who reside on the premises o f the employer; . . . - (f) specify minimum conditions for trainees; - 1 Verify source ↗
Section 1
Employers must keep workers informed of the minimum wage rates in force, and the Minister has steps to take if a wage order is not made or a wage board recommendation is not accepted.
1. '• ’Srwj?.'. (g) regulate workplace training and education; (h) regulate any other matter concerning remuneration or other terms and conditions o f employment. (3) Any provision o f a wage order may apply to all or some o f the employers and employees in the sector and area concerned. (4) If the Minister does not accept a recommendation o f a wage board, the Minister may refer the recommendations back to the board for its reconsideration indicating the matters on which the Minister disagrees with the board. (5) If the Minister does not make a wage order within sixty days after receipt of the board's report, or decides not to make a wage order on the basis of the recommendations by the wage board, then the report and fourteen days M inister recommendations to the National Assembly, and if applicable he shall attach reasons for not making an order - shall within table the (a) after the decision, if the National Assembly is in Session; (b) if the National Assembly is not in Session, after the com m encem ent o f the next Session o f the National Assembly. (6) Every employer shall keep workers informed o f the minimum wage rates in force by posting notices at the workplace or by any other more effective means. 688 No. 7 Labour Institutions - 40 Verify source ↗
(l) The provisions o f a wage order shall remain binding until
Wage order provisions stay binding until they are suspended, cancelled, amended, or replaced.
40.-(l) The provisions o f a wage order shall remain binding until they are- (a) suspended or cancelled by the Minister in accordance with subsection (2); ■ >oc 2004 Period of operation o f wage order (b) amended or superseded by a new wage order; or to . (c) superseded by a collective agreement. m. (2) The Minister, after consulting the Wage Board and the parties to a wage order, may suspend or cancel all or part o f the order by publishing a notice in the Gazette. Legal effect o f wage order Act No. 6 of 2004 Admini stration of wage board - 41 Verify source ↗
(1) A wage order shall be binding on all employers and
The wage order binds the employers and employees named in the notice, and workers paid below the prescribed minimum wage may apply to court to recover the underpaid amount.
41.-(1) A wage order shall be binding on all employers and employees described in the notice. (2) If a matter regulated in Part III o f the Employment and Labour Relations Act, is also regulated by a wage order, the provisions in the order shall prevail. (3) Any worker who has been paid wages below the prescribed m i n i m u m w a g e m a y apply to the D istrict Court or Resident Magistrate's Court for the recovery o f the amount by which the worker was underpaid. 4 2 .-0 ) The Labour Commissioner - ,r- - (a) shall provide staff members o f the Ministry available to assist a wage board in the performance o f its functions; (b) may designate an officer in the Ministry to serve as a secretary to a wage board. (2) A wage board may contract persons to assist it in the performance o f its functions- (a) after consultation with the Labour Commissioner; and (b) with the approval o f the Permanent Secretary as to the contractual conditions o f employment. 689 No. 7 Labour Institutions 2004 PART VI L a b o u r A d m i n i s t r a t i o n a n d I n s p e c t i o n Appoin tment of Labour Commi ssioner and other officers Act No. 6 of 2004
Part
PART VII
- 51 Verify source ↗
Subject to the Constitution and the labour laws, the Labour
The Labour Court has exclusive civil jurisdiction over matters reserved to it by the labour laws, subject to the Constitution and the labour laws.
51. Subject to the Constitution and the labour laws, the Labour Court has exclusive civil jurisdiction over any matter reserved for its decision by the labour laws. - 52 Verify source ↗
(l) In the performance o f its functions, the Labour Court shall
The Labour Court has the powers of the High Court and may transfer a pending matter to another competent court in specified circumstances.
52.-(l) In the performance o f its functions, the Labour Court shall have all the powers o f the High Court. (2) Subject to the provisions o f subsection (1), on application of any of the parties and after hearing such parties as desired to be head or on its own motion without such notice, the Labour Court may at any stage transfer any matter submitted and pending before it for trial or disposal, provided that, the matter is not resolved for the exclusive jurisdic tion o f the Labour Court by labour laws to another Court o f competent jurisdiction. (3) Where any matter has been transferred under subsection (2), the \ competent Court shall proceed to retry it or proceed from the state at which it was transferred. 696 No. 7 Labour Institutions 2004 - 53 Verify source ↗
(l) The panels of assessors referred to in section 50(2)(c) shall
The assessors panel must be made up of employer and employee panels, and the Judge in charge may remove a panel member only for listed reasons.
53.-(l) The panels of assessors referred to in section 50(2)(c) shall Assessors be constituted as follows: (a) an employer panel drawn from a list of names nominated by the members o f the Council representing the interests o f employers; and (b) an employee panel drawn from a list of names nominated by the members o f the Council representing the interests of employees. a e l e j t l -S U b j h t h f t c t (2) The Judge in charge may remove a person from a panel referred to in subsection (1) only- (a) if that person has resigned in writing and delivered the resignation to the Registrar o f the Labour Court; (b) for misconduct inconsistent with the ethics o f an assessor; (c) for inability to perform the functions o f an assessor (due to illness or any other reason); (d) because that person fails to attend a hearing without permission o f the presiding judge or good cause; (c) because that person is declared bankrupt; (e) because that person is convicted o f a criminal offence and sentenced to imprisonment without the option of a fine. . , — — — ________ m* mm? - 54 Verify source ↗
Section 54
The provision says the Labour Court must have a Registrar and a Deputy Registrar appointed under the High Court Registries Rules, 1984.
54. There shall be a Registrar and Deputy Registrar o f the / ** i%ll? — .... Labour Court appointed in terms o f the High Court Registries Rules, 1984. - 55 Verify source ↗
( 1) The Chief Justice, after consultation with the Minister, shall
The Chief Justice must make rules for Labour Court practice and procedure, after consulting the Minister.
55.-( 1) The Chief Justice, after consultation with the Minister, shall make rules to govern the practice and procedure o f the Labour Court. (2) The rules shall by notice be published in the Gazette. - 56 Verify source ↗
Section 56
A party in Labour Court proceedings may appear personally or be represented by certain persons.
56. In any proceedings before the Labour Court, a party to the proceedings may appear in person or be represented by- 697 Registrar and Deputy Registrar o f the Labour Court Rules of the Labour Court Represe ntation in No. 7 the Labour C ourt Appeals from the decisions of the Labour Court Refere nces by Labour C’ommisi- oner to the Labour Court and Court of Appeal of Tanzania Labour Institutions 2004 (a) an official o f a registered trade union or em ployers' organisation; or (b) a personal representative o f the party's own choice; (c) an advocate. - 57 Verify source ↗
Any party to the proceedings in the Labour Court may appeal
A party in the Labour Court may appeal to the Court of Appeal of Tanzania, but only on a point of law.
57. Any party to the proceedings in the Labour Court may appeal against the decision o f that Court to the Court of Appeal o f Tanzania i on a point of law only. i - 58 Verify source ↗
The Labour Commissioner may
The Labour Commissioner may refer certain points of law to the Labour Court or, in some cases, to the Court of Appeal, and must serve any such reference on the Council.
58. The Labour Commissioner may- (1) refer any point o f law, other than the point of law referred to in subsection (2), to the Labour Court; (2) refer a point of law to the Court of Appeal if- (a) there are conflicting decisions o f the Labour C ourt in respect o f the same point o f law; and (b) the parties to the proceedings in those decisions have not appealed. (3) The Labour Commissioner shall serve any reference under subsections (1) and (2) on the Council. (4) Any registered organisation or registered federation with an interest in the subject matter o f any reference under subsection (1) or subsection (2) may apply to the Court to which the reference is made to be joined as parties to the proceedings. • PART VIII G e n e r a l ' Confide ntiality - 59 Verify source ↗
(l) Subject to provisions o f subsection (2), it shall be an offence
A person must not disclose certain information about another person’s financial or business affairs if it was obtained while carrying out functions or powers under the Act, unless subsection (2) allows it.
59.-(l) Subject to provisions o f subsection (2), it shall be an offence for any person to disclose any information relating to the financial or business affairs of another person if that information was acquired in the performance o f any function or the exercise o f any power under this Act. 698 No. 7 Labour Institutions 2004 (2) Subsection (1) shall not apply if the information is disclosed in compliance with this Act- (a) to enable a person to perform a function or exercise a power under this Act; (b) in accordance with any written law; (c) for the purpose o f the proper administration o f this Act; (d) for the purposes o f the administration o f justice. - 60 Verify source ↗
(l)
In labour-law contravention proceedings, the employer must prove its records are valid and accurate; if no required record was kept, the employer must prove compliance. In civil labour-law contravention cases, the claimant generally must prove the facts, and the alleged actor must then prove the conduct was not a contravention.
60.-(l) In any proceedings concerning a contravention o f any labour law, it shall be for the employer - (a) to prove that a record maintained by or for that employer is Burden of proof valid and accurate; (b) who has failed to keep a record required by any labour law, to prove compliance with any provision of those laws. (2) In any civil proceedings concerning a contravention o f a labour law- (a) the person who alleges that a right or protection conferred by any labour law has been contravened shall prove the facts of the conduct said to constitute the c o n tr a v e n ti o n u n le s s the provisions o f subsection (l)(b) apply; and (b) the party who is alleged to have engaged in the conduct in question shall then prove that the conduct does not constitute a contravention. - 61 Verify source ↗
Section 61
A worker is presumed to be an employee if certain listed factors are present.
61. For the purposes o f a labour law, a person who works for, or renders services to, any other person is presumed, until the contrary is proved, to be an employee, regardless o f the form of the contract, if any one or more o f the following factors is present: Presump tion as to who is an employee (a) the manner in which the person works is subject to the control or direction o f another person; (b) the person's hours o f work are subject to the control or direction o f another person; (c) in the case o f a person who works for an organisation, the person is a part o f that organisation; 699 No. 7 Labour Institutions 2004 (d) the person has worked for that other person for an average o f at least 45 hours per month over the last three months; (e) the person is economically dependent on the other person for whom that person works or renders services; (f) the person is provided with tools of trade or work equipment by the other person; or (g) the person only works for or renders services to one p e r s o n . Guideli nes Offences - 62 Verify source ↗
(l) The Minister, after consultation with the Council, may
The Minister may issue, change, or replace guidelines after consulting the Council. Published guidelines must appear in the Gazette, and anyone interpreting or applying the Act must take them into account. A person departing from a guideline must justify that departure.
62.-(l) The Minister, after consultation with the Council, may- (a) issue guidelines for the proper administration of this Act; (b) change or replace a guideline. (2) Any guideline or any change to, or replacement of, a code or guideline shall be published in the Gazette. (3) Any person interpreting or applying this Act shall take into account any guideline published under this section. (4) If a person departs from the guideline, that person shall justify the departure. - 63 Verify source ↗
(l) It shall be an offence to contravene sections 36, 49 and 59
This provision makes several acts offences, including contravening specified sections, improper influence, fraudulently obtaining documents, impersonation, giving false information, and obstructing a person performing a function under the law.
63.-(l) It shall be an offence to contravene sections 36, 49 and 59 of this Act. (2) It is an offence to - (a) attempt to influence improperly a person who is performing a function in terms o f this law or any other labour law; (b) obtain or attempt to obtain any document by means o f fraud, false pretences, or by presenting or submitting a false or forged document; (c) pretend to be any person appointed in terms of this Act or any other labour law; 700 No. 7 Labour Institutions 2004 (d) furnish false information knowing that the information is false; (e^ hinder of obstruct any person performing a function in terms l ,tgi k> W■;»/*» , - 64 Verify source ↗
(l) A District Court which includes avResident M agistrate’s
A District Court that includes a Resident Magistrate’s Court may impose penalties under this Act. People convicted of offences under section 63(1) or 63(2) face fines, imprisonment, or both.
64.-(l) A District Court which includes avResident M agistrate’s Court shall have jurisdiction to impose a penalty for an offence under this Act. Penalties (2) Any person convicted of any o f the offences referred to in section 63 (1) shall be liable to- (a) a fine not exceeding five million shillings; (b) imprisonment for a period o f 3 months; (c) both a fine and imprisonment. (3) Any person convicted o f any o f the offences referred to in sub section (2) of section 63 shall be liable to- (a) a fine not exceeding ten million shillings; (b) im p r i s o n m e n t f o r a p e r i o d o f 6 m o n th s ; (c) both a fine and imprisonment. - 65 Verify source ↗
(l) The Minister, after consultation with the Council, may
The Minister may make regulations and prescribe forms for carrying out this Act, after consulting the Council.
65.-(l) The Minister, after consultation with the Council, may make regulations and prescribe forms for the purpose o f carrying out or giving effect to the principles and provisions o f this Act. Reguia- (2) In particular and without prejudice to the generality o f the powers conferred by subsection (1) o f this section, the Minister may make regulations for or in respect o f all or any of the following matters - (a) all matters stated or required in this Act to be prescribed; (b) conduct o f investigations by the Council; (c) procedure for appointing m em bers o f the Council to represent the interests o f employers and employees; 701 No. 7 Labour Institutions 2004 (d) regulate the establishment and conduct o f committees o f the Council; (e) appointment and discharge o f wage boards; (f) regulate investigations, public hearings and facilitation of negotiations by wage boards: (g) procedure for the suspension, cancellation, amendment or suspension o f a wage order; (h) regulate the exercise o f labour officers' powers o f investigation and prosecution; (i) regulate the issuing o f compliance orders and objections to those orders; (j) regulate the removal o f members, commissioners, mediators and arbitrators from office; (k) regulate annual reports o f the Council and the Commission. Savings and Transi tional pro visions - 66 Verify source ↗
(l) For the purpose o f this section "repealed laws" means the
This section defines “repealed laws,” treats certain labour officials as appointed under this Act, and sets oaths for Commissioners, Directors, Mediators, and Arbitrators of the Commission for Mediation and Arbitration.
66.-(l) For the purpose o f this section "repealed laws" means the laws repealed under section 103 of the Employment and Labour Relations Act. (2) The Labour Commissioner, Registrar o f Trade Union, Deputy Registrar o f a Trade Union and labour officers appointed under the repealed laws are deemed to be appointed under this Act as the Labour Registrar o f Organizations, Deputy Registrar of Organisations and labour officers respectively. 702 No. 7 Labour Institutions 2004 SCHEDULE OATHS OF OFFICE (Made under section 21) OATH FOR COM M ISSIONERS I,......................................... , having been appointed a Comm issioner o f the Commission for Mediation and Arbitration, do swear/affirm that I ill discharge my functions w ith out bias and will not directly or indirectly reveal any information that comes into my possession without the authorisation o f the Commission or the Labour Court. Sworn/Affirmed before me on t h i s ........... day o f .............20... SO HELP ME GOD President OATH FOR DIRECTOR, MEDIATOR OR ARBITRATOR I,......................................... . having been appointed a Director /M ediator /Arbitrator of the Commission for Mediation and Arbitration, do swear/affirm that I will discharge my functions without b;as and W'ill not directly or indirectly reveal any information that comes into my possession without the authorisation o f the Commission or the Labour Court. Sworn/Affirmed before me on t h i s ........day o f .............20 ... SO HELP ME GOD Passed in the National Assembly on the 15th April, 2004 Judge o f the High Court K ip e n k a M . M u s s a Clerk o f the National Assembly
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The Labour Institutions Act, 2004
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