Tanzania Act or statute

Parliament of Tanzania

The Labour Laws (Amendments) Act, 2025

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Jurisdiction: Tanzania
Structure: 41 provisions
Citation: The Labour Laws (Amendments) Act, 2025
Dates: Legal dates not recorded

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“This section says the Act may be cited by its short title.”

This section says the Act may be cited by its short title. This provision says the labour laws listed in the Act’s various Parts are amended as set out in those Parts. This Part is to be read together with the Employment and Labour Relations Act, which is called the principal Act. This provision amends section 4 of the principal Act and updates several definitions, including “basic wage,” “award,” “personal representative,” “process server,” and “rest day.” This provision amends section 9(6)(b) by changing the wording to include a person who has authority or is authorised to hire or terminate an employee.

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This section says the Act may be cited by its short title.

Section 1

This provision amends the principal Act by inserting a new section headed “Unpaid leave” after section 34.

Section 10

An arbitrator must issue an award when the claims are admitted, and must notify the parties in writing if an award is not issued within thirty days. An aggrieved party may apply within fourteen days to set aside an ex-parte order or restore a dismissed matter.

Section 18

This section amends section 27(1) of the principal Act by inserting “not” after “shall”.

Section 28

Construction

This section amends section 12 so that a refugee’s work permit stays valid while the refugee keeps refugee status, and renewal applications must be filed with the Labour Commissioner at least 60 days before expiry.

Section 38

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Showing 41 of 41 provisions

Amendment 21Substitution 14Provision 3Short title 2

Part

PART I

§ 12Short title

This section says the Act may be cited by its short title.

1. This Act may be cited as the Labour Laws (Amendments) Act, 2025. Amendment of labour laws

Section 1Verify source

§ 2Short titleShort title

This provision says the labour laws listed in the Act’s various Parts are amended as set out in those Parts.

2. The labour laws specified in various Parts of this Act are amended in the manner specified in their respective Parts. 4 No. 4 The Labour Laws (Amendments) Act, 2025 PART II AMENDMENT OF THE EMPLOYMENT AND LABOUR RELATIONS ACT, (CAP. 366) Construction Cap. 366 Amendment of section 4

Section 2Verify source

Part

PART II

§ 34Provision

This Part is to be read together with the Employment and Labour Relations Act, which is called the principal Act.

3. This Part shall be read as one with the Employment and Labour Relations Act, hereinafter referred to as the “principal Act”.

Section 3Verify source

§ 45Substitution

This provision amends section 4 of the principal Act and updates several definitions, including “basic wage,” “award,” “personal representative,” “process server,” and “rest day.”

4. The principal Act is amended in section 4- (a) in the definition of the term “basic wage” by deleting in paragraph (c) and substituting for it the words “sunday, rest day”; and the word “Sunday” appearing (b) by adding in the appropriate alphabetical order the following new definitions: ““award” includes- reached after (a) (b) (c) (d) agreements mediation; decision; decree; and ruling, that has the effect of finally determining the matter; “personal representative” means a person appointed by a party to a dispute for the purpose of representation; “process server” means a person determined as such under any written law to undertake court service documents; of “rest day” means a continuous period of not less than twenty-four hours, granted on either a regular or irregular basis, during which an employee is entitled to abstain from performing any work-related the employer;”. duties for Amendment of section 9 by-

Section 4Verify source

§ 56Amendment

This provision amends section 9(6)(b) by changing the wording to include a person who has authority or is authorised to hire or terminate an employee.

5. The principal Act is amended in section 9(6)(b), 5 No. 4 The Labour Laws (Amendments) Act, 2025 (a) deleting the word “and” appearing in subparagraph (i); (b) adding immediately after subparagraph (i) the following: “(ii) has authority or is authorised to hire or terminate an employee; and”; and (c) renumbering subparagraph (ii) as subparagraph (iii). Amendment of section 14

Section 5Verify source

§ 67Substitution

This amendment replaces the rules for fixed-term employment contracts and lists the types of employees and situations covered.

6. The principal Act is amended in section 14(1) by- (a) deleting paragraph (b) and substituting for it the following: “(b) a contract for a specified period of time for an employee who- (i) (ii) (iii) (iv) (v) (vi) in is employed on account of a temporary the increase volume of work which is not expected to endure beyond twelve months; is a graduate who is employed for the purpose of being trained or gaining work experience in order to be employed, provided such training does not exceed twenty-four months; is employed to work exclusively on a specific project that has a limited or defined duration; is a non-citizen who has been granted a work permit for a defined duration; is employed to perform seasonal work; is employed for the purpose of an official public works scheme or similar public job creation scheme; (vii) is employed in a position which is funded by an external source for a limited period; 6 No. 4 The Labour Laws (Amendments) Act, 2025 (ix) (viii) has reached retirement age as per the applicable laws; or is an employee employed by an employer whose business depends on acquiring tenders;”; and (b) adding immediately after subsection (2) the following: “(3) The implementation of a contract under subsection (1)(b)(ii) shall be in accordance with the standards and conditions as may be prescribed in the regulations.”. Addition of section 16A

Section 6Verify source

§ 78Amendment

This provision amends the principal Act by inserting new text after section 16 titled “Agreement in case of emergency”.

7. The principal Act is amended by adding immediately after section 16 the following: “Agreement in case of emergency

Section 7Verify source

§ 16A(1) In case of an outbreakAmendment

If there is an outbreak or similar emergency at work, the employer and employees must agree on how to deal with it.

16A.-(1) In case of an outbreak or potential outbreak of infectious disease or other emergency which is likely to affect the safety of employees or disrupt operations and production at work place, and the employees shall agree on the best ways to overcome the situation. employer (2) The agreement mentioned in subsection (1) shall take into account the interests of both parties. (3) Where the parties are unable to reach the agreement referred to under subsection (1), any party to the dispute may refer the dispute to the Commission for mediation.”. Amendment of section 33

Section 16AVerify source

§ 89Amendment

An employee who gives birth to a premature child is entitled to paid maternity leave starting on the date of birth and continuing up to completion of the forty weeks of pregnancy, within the leave cycle.

8. The principal Act is amended in section 33 by- (a) adding immediately after subsection (7) the following: “(8) An employee who gives birth to a premature child is entitled to a paid maternity leave from the date of giving birth up to completion of the forty weeks of 7 No. 4 The Labour Laws (Amendments) Act, 2025 pregnancy and to maternity leave period provided under subsection (6) within the leave cycle.”; and (b) renumbering subsections to subsections (9) to (12) respectively. (11) as (8) Amendment of section 34

Section 8Verify source

§ 910Amendment

This provision amends section 34(1)(a) to add 7 days in cases of premature birth, and it adds a new section 34A.

9. The principal Act is amended in section 34(1)(a) by inserting the words “or in case of premature birth 7 days,” between the words “days” and “paid”. Addition of section 34A

Section 9Verify source

§ 1011Amendment

This provision amends the principal Act by inserting a new section headed “Unpaid leave” after section 34.

10. The principal Act is amended by adding immediately after section 34 the following: “Unpaid leave

Section 10Verify source

§ 34A(1) An employer may,Provision

An employer may grant an employee unpaid leave for up to 30 days on written application and subject to regulatory conditions; the leave can be extended by agreement.

34A.-(1) An employer may, upon written application and on such conditions as may be specified in the regulations, grant an employee unpaid leave for a period not exceeding thirty days. (2) The duration of unpaid leave may be extended to a further period upon agreement between employee and employer.”.

Section 34AVerify source

§ 1112Commencement

An employer must not start or keep going a disciplinary matter against an employee if that matter has already been referred to the Commission or Court for determination.

11. The principal Act is amended in section 37, by adding immediately after subsection (5) the following: “(6) An employer shall not commence or continue a disciplinary matter against an employee where such matter has been referred to the Commission or Court for determination.”. Amendment of section 37 Amendment of section 40

Section 11Verify source

§ 1213Substitution

This section amends the labour law to set compensation ranges payable to an employee for different kinds of unfair termination.

12. The principal Act is amended in section 40(1), by deleting paragraph (c) and substituting for it the following: “(c) to pay to an employee compensation - (i) in case the termination is based on unfair procedure, not less than six months remuneration but not exceeding twelve months remuneration; 8 No. 4 The Labour Laws (Amendments) Act, 2025 (ii) in case the termination is based on unfair reason, not less than twelve months remuneration but not exceeding eighteen months remuneration; (iii) in case the termination is based on both unfair procedure and unfair reason, not less than twelve months remuneration but not exceeding twenty months remuneration; and (iv) in case the termination is unfair for reasons of discrimination or harassment, not less than twelve months remuneration but not exceeding twenty-four months remuneration.”. Addition of section 41A

Section 12Verify source

§ 1314Amendment

This provision amends the principal Act by inserting new text immediately after section 41.

13. The principal Act is amended by adding immediately after section 41 the following: “Remedies for material breach of contract

Section 13Verify source

§ 41AAn arbitrator or LabourAmendment

An arbitrator or Labour Court may order an employer to pay the employee compensation equal to the remaining term of a fixed-term contract if the employer materially breaches the contract.

41A. An arbitrator or Labour Court may, on determining that there is material breach of a fixed term contract on part of the employer, order the employer to pay compensation to the employee equal to the remuneration for the remaining term of the contract.”. Amendment of section 71 by-

Section 41AVerify source

§ 1415Substitution

This section amends section 71(2) and adds a proviso saying that, for public institutions, a collective agreement becomes binding only after approval by the Permanent Secretary responsible for establishments.

14. The principal Act is amended in section 71(2), (a) deleting a full stop appearing at the end of that subsection and substituting for it a colon; and (b) adding the following proviso: that, for “Provided public institutions, the collective agreement shall be binding upon approval by the Permanent Secretary of the Ministry responsible for establishments.”. 9 No. 4 The Labour Laws (Amendments) Act, 2025 Amendment of section 73 Amendment of section 86

Section 14Verify source

§ 1516Substitution

This provision amends section 73(1) of the principal Act by replacing “A recognised” with “One or more”.

15. The principal Act is amended in section 73(1), by deleting the words “A recognised” and substituting for them the words “One or more”.

Section 15Verify source

§ 16ConstructionAmendment

This section amends section 86 of the principal Act, including who must be present at a dispute and how a party may appoint someone else to appear if they cannot attend in person for an inevitable reason.

16. The principal Act is amended in section 86- (a) in subsection (6), by- (i) adding immediately after the word “dispute” appearing in the opening phrase the words “shall be present and”; and (ii) adding the words “in the case of an employee,” at the beginning of paragraph (c); (b) by adding immediately after subsection (6) the following: “(7) Where a party to a dispute, due to inevitable reason, fails to appear in person as required under subsection (6), he may, in writing, appoint another person to appear in his behalf to proceed with the mediation.”; (c) in subsection (7)(b), by adding the words “within thirty days from the date of failure of mediation” the word “arbitration” appearing in subparagraph (i); and (d) by renumbering subsections (7) and (8) as immediately after Amendment of section 87 subsections (8) and (9) respectively.

Section 16Verify source

§ 1718Substitution

This section amends section 87 of the principal Act by replacing specific words in subsection (3) and subsection (5).

17. The principal Act is amended in section 87- (a) in subsection (3), by deleting the words “decide the complaint” appearing in paragraph (b) and substituting for them the words “mark the dispute failed”; and (b) in subsection (5), by deleting the words “reverse a decision made under this section” appearing in the opening phrase and substituting for them the words “restore a matter dismissed under subsection (3)(a)”. Amendment of section 88

Section 17Verify source

§ 1819Substitution

18. The principal Act is amended in section 88- (a) by adding immediately after subsection (7) the following: 10 No. 4 The Labour Laws (Amendments) Act, 2025 “(8) Where a party to a dispute admits the claims or part of the claims, an arbitrator shall issue an award in respect of admitted claim.”; (b) in subsection (8), by deleting the phrase “as provided for under rule 28 of the Labour Institutions and Arbitration Guidelines) Rules” appearing in paragraph (a) and substituting for it the words “or dismissed”; (c) by adding immediately after subsection (8) the (Mediation following: “(9) Where a matter has been heard ex-parte or dismissed pursuant to subsection (9)(a), an aggrieved party may, within fourteen days from the date of the decision, make an application for setting aside the ex- parte order or restoration of the matter.”; (d) by adding immediately after subsection (11) the following: “(12) Where an arbitrator fails to issue an award within thirty days as provided under subsection (13), the arbitrator shall notify the parties in writing, state the reasons for delay and fix the date for delivering the award or order.”; and (e) by renumbering subsections (8) to (12) as subsections (9) to (14) respectively. Amendment of section 94

Section 18Verify source

§ 1920Amendment

Revision applications are barred for preliminary or interlocutory decisions unless the decision or order finally determines the matter.

19. The principal Act is amended in section 94 by adding immediately after subsection (3) the following: “(4) An application for revision shall not lie or be made in respect of any preliminary or interlocutory decision unless such decision or order has the effect of finally determining the matter.”. Amendment of section 97

Section 19Verify source

§ 20Amendment of section 87Amendment

This section amends section 97 of the principal Act.

20. The principal Act is amended in section 97, by- (a) adding the words “or electronically” at the end of paragraph (c) of subsection (1); 11 No. 4 The Labour Laws (Amendments) Act, 2025 (b) adding immediately after subsection (1) the following: “(2) A document required to be served under this Act may be served by a process server.”; and (c) renumbering subsection (2) as subsection (3). PART III AMENDMENT OF THE LABOUR INSTITUTIONS ACT, (CAP. 300) Construction Cap. 300

Section 20Verify source

Part

PART III

§ 2122Amendment

This Part is to be read together with the Labour Institutions Act, called the principal Act.

21. This Part shall be read as one with the Labour Institutions Act, hereinafter referred to as the “principal Act”. Amendment of section 2 the definition of

Section 21Verify source

§ 2223Substitution

This provision changes section 2 of the principal Act by deleting one phrase from the definition of “Labour Commissioner” and replacing wording in the definition of “labour officer”.

22. The principal Act is amended in section 2- (a) in term “Labour Commissioner”, by deleting the words “and in the absence of the Labour Commissioner, the Deputy Labour Commissioner”; and the (b) in the definition of the term “labour officer”, by deleting the phrase “section 43(3) and include the Labour Commissioner or the Deputy Labour Commissioner” and substituting for it the phrase “section 43(4) and the Labour Commissioner”. include Amendment of section 9

Section 22Verify source

§ 2324Substitution

This provision changes section 9(1)(a) by replacing the word “Calendar” with “Financial”.

23. The principal Act is amended in section 9(1) by deleting the word “Calendar” appearing in paragraph (a) and substituting for it the word “Financial”. Amendment of section 15

Section 23Verify source

§ 2425Amendment

A mediator must not arbitrate a dispute if the mediator was involved in mediating it.

24. The principal Act is amended in section 15(1) by adding immediately after paragraph (b), the following proviso: “Provided that, a mediator shall not arbitrate the dispute which he was involved in its mediation;”. Amendment of section 16

Section 24Verify source

§ 2526Amendment

The Chairperson must preside over Commission meetings; if the Chairperson is absent, the members present must elect one of their number to preside.

25. The principal Act is amended in section 16 by adding immediately after subsection (4) the following: 12 No. 4 The Labour Laws (Amendments) Act, 2025 “(5) The Chairperson shall preside over all meetings of the Commission. (6) Where is absent, members present shall elect one of the members to preside over the meeting.”. the Chairperson Amendment of section 19 Amendment of section 20 Amendment of section 27 Amendment of section 43 Amendment of section 44

Section 25Verify source

§ 2627Substitution

Section 19(7) is replaced so that a person may be appointed as both a mediator and an arbitrator under this section.

26. The principal Act is amended in section 19 by deleting subsection (7) and substituting for it the following: Cap. 366 “(7) This Act or the Employment and Labour Relations Act shall not preclude a person from being appointed as both a mediator and an arbitrator under this section.”.

Section 26Verify source

§ 2728Amendment

This section amends section 20(1) of the principal Act by inserting “or recall” after “summon” in paragraph (a).

27. The principal Act is amended in section 20(1), by adding the words “or recall” immediately after the word “summon” appearing in paragraph (a).

Section 27Verify source

§ 2829Amendment

This section amends section 27(1) of the principal Act by inserting “not” after “shall”.

28. The principal Act is amended in section 27(1) by adding the word “not” immediately after the word “shall”.

Section 28Verify source

§ 2930Amendment

This section amends section 43 of the principal Act by removing one phrase and adding another phrase.

29. The principal Act is amended in section 43- (a) in subsection (1), by deleting the words “and a Deputy labour Commissioner”; and (b) in subsection (4), by adding the words “and workers education officers” immediately after the word “officers”.

Section 29Verify source

§ 3031Substitution

The Labour Commissioner may delegate the Commissioner’s powers, functions, and duties in writing.

30. The principal Act is amended in section 44 by deleting subsection (1) and substituting for it the following: “(1) The Labour Commissioner may, in writing delegate to the Assistant Labour labour officer or Commissioners, any the workers education officer, any of Commissioner’s powers, functions and duties.”. Amendment of section 45

Section 30Verify source

§ 3132Substitution

This section amends section 45 of the principal Act, changes its heading, adds a new subsection giving a labour education officer listed functions, and renumbers later subsections.

31. The principal Act is amended in section 45- (a) by deleting the marginal note and substituting for it the following: 13 No. 4 The Labour Laws (Amendments) Act, 2025 “Powers and functions of labour officers and workers education officers”; (b) in subsection (1), by- (i) deleting the words “educate, advise and” appearing at the beginning of paragraph (j); (ii) deleting the semicolon and the word “and” appearing at the end of paragraph (k) and substituting for them a full stop; and (iii) deleting paragraph (l); (c) by adding immediately after subsection (1) the following: “(2) For administration of labour education officer may- (a) plan and purposes of the laws, workers (b) upon conduct to registered training employees, programs trade employers, unions, employers organisations and on federations implementation of labour laws; provide request, employers, employees, unions, registered and employers organisations federations advice and training in skills for avoidance, prevention and settlement of disputes; trade (c) advice employers and employees in matters relating to the forum for workers participation in a workplace; (d) facilitates establishment of workers council at workplaces; and (e) scrutinise and of registration policies and agreements.”; and process employment collective 14 No. 4 The Labour Laws (Amendments) Act, 2025 (d) by renumbering subsections (2) to (6) as subsections (3) to (7) respectively. Amendment of section 45A

Section 31Verify source

§ 3233Substitution

Money charged under section 45A(1) must be paid into the Consolidated Fund, unless the Minister responsible for finance directs otherwise.

32. The principal Act is amended in section 45A(1) by deleting paragraph (b) and substituting for it the following: “(b) the money charged under this section shall, unless otherwise directed by the Minister responsible for finance, be paid into the Consolidated Fund.”. Amendment of section 55

Section 32Verify source

§ 3334Substitution

The Chief Justice may, after consulting the Minister, make rules for Labour Court practice and procedure and for the conduct of representatives.

33. The principal Act is amended in section 55, by- (a) deleting the words “of Labour Court” appearing in the marginal note; and (b) deleting subsection (1) and substituting for it the following: “(1) The Chief Justice may, in consultation with the Minister, make rules- the practice and procedures of the Labour Court; and (a) to govern the conduct (b) regulating of representatives personal representing parties the in Labour Court and Commission.”. Amendment of section 56

Section 33Verify source

§ 34ConstructionAmendment

This provision amends section 56 of the principal Act by inserting the words “in the case of an employee,” at the start of paragraph (b).

34. The principal Act is amended in section 56 by adding the words “in the case of an employee,” at the beginning of paragraph (b). PART IV AMENDMENT OF THE NON-CITIZENS (EMPLOYMENT REGULATION) ACT, (CAP. 436) Construction Cap. 436

Section 34Verify source

Part

PART IV

§ 3536Provision

This section says Part 35 must be read together with the Non-Citizens (Employment Regulation) Act.

35. This Part shall be read as one with the Non- Citizens (Employment Regulation) Act, hereinafter referred to as the “principal Act”.

Section 35Verify source

§ 3637Amendment

A class A work permit holder who wants to work with another company they share must first present a tax clearance certificate and get written Labour authorisation from the Labour Commissioner.

36. The principal Act is amended in section 9, by- 15 No. 4 The Labour Laws (Amendments) Act, 2025 Amendment of section 9 (a) adding immediately after subsection (2) the following: “(3) A holder of a work permit class A who intends to engage with another company to which he is a shareholder shall after presenting tax clearance certificate from the relevant authority obtain a written Labour authorisation Commissioner.”; and from the Amendment of section 10 Amendment of section 12 (b) renumbering subsection (3) as subsection (4).

Section 36Verify source

§ 3738Amendment

This section amends section 10(2) of the principal Act by inserting the words “non-refundable” before “fee” in paragraph (a).

37. The principal Act is amended in section 10(2) by adding the words “non-refundable” immediately before the word “fee” appearing in paragraph (a).

Section 37Verify source

§ 38ConstructionAmendment

38. The principal Act is amended in section 12, by- (a) adding immediately after subsection (5) the following: “(6) Notwithstanding subsections (4) and (5), a work permit issued to a refugee shall remain valid for the period which the refugee maintains the refugee status in accordance with the relevant laws. (7) Application for renewal of work permit shall be submitted to the Labour Commissioner at least sixty days before expiry.”; and (b) renumbering subsections (6) and (7) as subsections (8) and (9) respectively. Passed by the National Assembly on the 31st January, 2025 BARAKA ILDEPHONCE LEONARD Clerk of the National Assembly 16

Section 38Verify source

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