Tanzania Act or statute

Parliament of Tanzania

The Employment and Labour Relations Act

appealsapplication processingcollective agreementscompliancecontinuity of regulationscriminal liabilitydefinitionsdisciplinary actiondispute conciliationdispute handlingdispute resolutionemployment agreementsemployment benefitsgovernment powersindustrial court procedurejudicial reviewlabour disputeslimitation periodslitigationname or constitution alterationorganisational rightsrecords/publicationregistrationsubsidiary legislationsummary dismissaltrade union recognitiontrade unionstransitional provisionsworking hoursworkplace benefits

Jurisdiction: Tanzania
Structure: 16 provisions
Citation: The Employment and Labour Relations Act
Dates: Undated source snapshot

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Purpose and legislative effect

“This Schedule defines several terms, including employers organisation, federation, repealed laws, trade union, and Trade Unions Act.”

This Schedule defines several terms, including employers organisation, federation, repealed laws, trade union, and Trade Unions Act. Some registered trade unions, employers’ organisations, and federations are treated as registered under this Act, and the Registrar must update the registers and issue certificates. If a constitution does not meet sections 47 and 48, the organisation must fix it within 6 months, or the Registrar must apply to the Labour Court to cancel registration. Pending applications for registration, name changes, or constitution changes under repealed laws must be handled as if they were made under this Act; the Registrar may forgive technical non-compliance and require amendments. This section defines organisational rights and recognition, and sets transitional rules for how trade union rights, recognitions, and disputes are handled after commencement. Pre-commencement negotiated or voluntary agreements remain binding until they expire, with special timing rules for agreements due to expire within a year and renewal to be done under this Act.

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This Schedule defines several terms, including employers organisation, federation, repealed laws, trade union, and Trade Unions Act.

Section 1

Prohibition of child labour

Pre-commencement negotiated or voluntary agreements remain binding until they expire, with special timing rules for agreements due to expire within a year and renewal to be done under this Act.

Section 5

Disputes under the repealed laws that arose before this Act starts must be handled as if those laws had not been repealed.

Section 9

Access to health Insurance

The Minister may authorise the Commission, by notice in the Gazette and after consulting the Commission, to perform certain conciliation board or industrial court functions for all or part of Mainland Tanzania.

Section 12

Informing employees of their rights

This section is omitted in the source text.

Section 17

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Showing 16 of 16 provisions

Commencement 8Repeal 6Short titleProvision

§ 12Repeal

This Schedule defines several terms, including employers organisation, federation, repealed laws, trade union, and Trade Unions Act.

1. In this Schedule, unless the context requires otherwise- “employers organisation” means an employer’s organisation registered under the Trade Unions Act; “federation” means a federation registered under the Trade Unions Act; “repealed laws” means the laws repealed under section 105(1) and listed in the Second Schedule; 197 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023] “trade union” means a trade union registered under the Trade Unions Act; and “Trade Unions Act” means the Trade Unions Act. Existing trade unions employer’s organisation and federations

Section 1Verify source

§ 23Commencement

Some registered trade unions, employers’ organisations, and federations are treated as registered under this Act, and the Registrar must update the registers and issue certificates. If a constitution does not meet sections 47 and 48, the organisation must fix it within 6 months, or the Registrar must apply to the Labour Court to cancel registration.

2.–(1) A trade union, employer’s organisation or federation registered under the repealed laws immediately before the commencement of this Act, shall be deemed to be registered under this Act. (2) As soon as practicable after the commencement of this Act, the Registrar shall- (a) enter the names and details of the trade unions, employers’ organisations and federations into the appropriate registers prescribed under section 49(5)(a) of this Act; and (b) issue a certificate in terms of section 49(5)(b) of this Act to the trade unions, employers’ organisations and federations referred to in paragraph (a). (3) Where any provision of the constitution of a trade union, employers’ organisation or federation does not comply with the requirements of sections 47 and 48 of this Act, the trade union, employers organisation or federation shall rectify its constitution and submit the rectifications to the Registrar within 6 months of the commencement of this Act. (4) The provisions of section 51, shall apply mutatis mutandis in respect of a rectification under subparagraph (3). (5) Where a trade union, employers’ organisation or federation fails to comply with sub-paragraph (3) or fails to make the requisite changes, the Registrar shall apply to the Labour Court to cancel the registration of the trade union, employers’ organisation or federation because of its failure to comply with the provisions of this paragraph read together with sections 47 and 48 of this Act. (6) Section 56, shall apply mutatis mutandis in respect of an application brought under subparagraph (5). Pending applications for registration

Section 2Verify source

§ 34Repeal

Pending applications for registration, name changes, or constitution changes under repealed laws must be handled as if they were made under this Act; the Registrar may forgive technical non-compliance and require amendments.

3.–(1) Any pending application for registration, alteration of name or constitution in terms of the repealed laws shall be dealt with as if the application had been made under this Act. (2) When dealing with an application referred to in subparagraph (1), the Registrar may- (a) condone any technical non-compliance with this Act; and (b) require the applicant to amend its application in order to Organisational rights and recognition comply with this Act.

Section 3Verify source

§ 4Short titleShort title

This section defines organisational rights and recognition, and sets transitional rules for how trade union rights, recognitions, and disputes are handled after commencement.

4.–(1) For purposes of this paragraph- (a) organisational rights’ means any of the following rights: (i) the right to trade union representation in the workplace including the right to a Committee or a field branch; (ii) the right to facilities for trade union representatives in the workplace; 198 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023] (iii) the right to disclosure of information; (iv) the right to deduction of trade union dues and levies; (v) the right of access to the employer premises for purposes of recruitment of members, meeting with members and representing members; and (b) “recognition” means any agreement or practice in terms of which a trade union is recognised under the repealed laws for purposes of negotiating terms and conditions of employment. (2) A trade union shall retain any organisational rights conferred by- (a) any of the repealed laws for a period of three years; and (b) any collective agreement in force at the commencement of this Act until the agreement’s expiry, except that, if the agreement expires within two years of the commencement of this Act, the agreement shall be extended for a further year as if the repealed laws had not been repealed. (3) A dispute referred to a labour officer under the repealed laws before the commencement of this Act shall be dealt with as if the repealed laws had not been repealed. (4) Where a trade union is recognised at the commencement of this Act, the employer shall continue to recognise the trade union for a period of three years unless another trade union is recognised as the exclusive bargaining agent under section 68. (5) A dispute over any organisational rights or recognition conferred under the repealed laws shall be decided by the Labour Court as if the repealed laws had not been repealed. Negotiated or voluntary agreements

Section 4Verify source

§ 5Prohibition of child labourCommencement

Pre-commencement negotiated or voluntary agreements remain binding until they expire, with special timing rules for agreements due to expire within a year and renewal to be done under this Act.

5.–(1) A negotiated or voluntary agreement concluded before the commencement of this Act, whether or not the agreement has been registered by the Industrial Court under the repealed laws, shall be binding until its expiry provided that- (a) where the agreement is due to expire after a year from the commencement of this Act, the agreement expires at the end of the year; and (b) subject to paragraph 4(2)(b), any renewal of any such agreement shall be done in terms of this Act. (2) A dispute arising from the application, interpretation or implementation of an agreement stipulated in subparagraph (1) shall be decided by the Labour Court as if the repealed laws had not been repealed. The Employment Ordinance No. 47 of 1955

Section 5Verify source

§ 6Prohibition of forced labourRepeal

Sections 100 and 102 keep applying for medicine, medical treatment, and burial of deceased employees and dependants, despite repeal of the Employment Ordinance, until another law repeals them.

6. Notwithstanding the repeal of the Employment Ordinance, the provisions of sections 100 and 102 relating to ‘’provision of medicine and medical treatment’’ and ‘’burial of deceased employees and dependants’’ shall continue to apply until they are repealed by another law. 199 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023] Industrial Court awards References to conciliation boards

Section 6Verify source

§ 78Commencement

This section says certain existing trade disputes, strikes, lockouts, and Industrial Court awards are to continue being handled under the repealed laws or under this Act, depending on when they arose or started.

7.–(1) Subject to subparagraph (3), a trade dispute stipulated in the repealed laws that arose before the commencement of this Act shall be dealt with as if those laws had not been repealed. (2) Subject to subparagraph (3), a trade dispute referred to the Industrial Court under section 4 of the Industrial Court of Tanzania Act or referred to the Court as a trade enquiry under section 8 of that Act before the commencement of this Act shall be dealt with as if those laws had not been repealed. (3) Notwithstanding subparagraphs (1) and (2), a strike or a lockout that commences after the commencement of this Act shall be dealt with in terms of this Act. (4) A revision or interpretation of an award made by the Industrial Court shall be done as if the repealed laws had not been repealed. (5) An award made by the Industrial Court under the repealed laws shall remain in force until the expiry of the award.

Section 7Verify source

§ 8Prohibition of discrimination in workplaceCommencement

Before this Act starts, references about summary dismissal or disciplinary penalties are to be handled as though the repealed laws were still in force.

8.–(1) A reference concerning a summary dismissal or disciplinary penalty that takes place before the commencement of this Act shall be dealt with as if the repealed laws had not been repealed. (2) A reference concerning a summary dismissal or disciplinary penalty that takes place before the commencement of this Act shall be dealt with as if the repealed laws had not been repealed. Disputes referred to labour officers

Section 8Verify source

§ 910Commencement

Disputes under the repealed laws that arose before this Act starts must be handled as if those laws had not been repealed.

9. A dispute contemplated in the repealed laws arising before the commencement of this Act shall be dealt with as if the repealed laws had not been repealed. References to Minister

Section 9Verify source

§ 1011Repeal

The Minister may authorise the Commission to perform functions of a conciliation board and the Industrial Court, and references to the Minister under repealed laws are to be handled as if those laws had not been repealed.

10. A reference to the Minister stipulated under the repealed laws shall be dealt with as if the repealed laws had not been repealed. Matters before ordinary courts Minister may authorise Commission to perform functions of conciliation board and Industrial Court

Section 10Verify source

§ 11Employee’s right to freedom of associationCommencement

Before this Act starts, offences, claims, and civil proceedings under the repealed laws are to be handled as if those laws had not been repealed.

11.–(1) An offence committed under the repealed laws before the commencement of this Act shall be dealt with as if the repealed laws had not been repealed. (2) A claim arising under the repealed laws before the commencement of this Acts shall be dealt with as if the repealed laws had not been repealed. (3) Any suit or other civil proceedings commenced before the commencement of this Act shall be dealt with as if the repealed laws had not been repealed.

Section 11Verify source

§ 12Access to health InsuranceRepeal

12.–(1) The Minister may, after consultation with the Commission, authorise the Commission by notice in the Gazette to perform the functions of conciliation boards or the industrial court in terms of paragraph 7 or 8- (a) in respect of the whole or any specified part of Mainland Tanzania; and (b) with effect from a date specified in the Gazette. 200 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023] (2) The authorisation of the Commission under subparagraph (1) shall not affect the competence of a conciliation board or the industrial court in terms of paragraph 7 or 8 to decide or finalise any matter that is partly heard at the date specified in the Gazette. Disputes originating from repealed laws Acts Nos. 11of 2010 s. 42 4 of 2016 s. 24

Section 12Verify source

§ 1314Commencement

This section reallocates pending disputes, appeals, reviews, and references to the specified courts or the Minister, and gives the Commission power to mediate and arbitrate certain disputes.

13.–(1) All disputes originating from the repealed laws shall be determined by the substantive laws applicable immediately before the commencement of this Act. (2) All disputes pending and all applications for executions filed arising from the decision of the Minister in the subordinate courts prior to the commencement of this Act shall proceed to be determined by such courts. (3) All disputes pending- (a) revision of the defunct Industrial Court of Tanzania shall be determined by a panel of three Judges of the Labour Court; and (b) hearing before the Industrial Court of Tanzania shall be determined by the Labour Court. (4) All appeals and applications for judicial review originating from the industrial Court of Tanzania pending in the High Court shall be determined by the High Court. (5) The Commission shall have powers to mediate and arbitrate all disputes originating from the repealed laws brought before the Commission and all such disputes shall be deemed to have been duly instituted under section 87 of the Act. (6) All references pending decision of the Minister shall- (a) in the case of references which were returned by the High Court to the Minister for retrial, be determined and finalised by the Minister; and (b) in the case of references pending the decision of the Minister be forwarded together with their respective complete records to the Labour Court for determination. (7) The date of the decision of the Minister shall be the date indicated in the prescribed form. (8) Notwithstanding the provisions of any other written laws, for the purposes of computation of limitation of time, the period between the date of decision and the date of receipt of the decision shall be excluded. (9) [Repealed by Act No. 4 of 2016, s. 24].

Section 13Verify source

§ 15Contracts with employeesRepeal

Subsidiary legislation made under repealed laws stays in force until the Minister repeals it or new subsidiary legislation under this Act replaces it.

15. Any subsidiary legislation made under the repealed laws shall remain in force until they are- (a) repealed by the Minister; or (b) replaced by subsidiary legislation made under this Act. 201 Minimum Wage Ordinance No. 15 of 1951 Subsidiary legislation ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023] Hours of work domestic and security workers

Section 15Verify source

§ 16Written statement of particularsCommencement

Domestic workers and security workers have phased maximum ordinary working hours that decrease over time after commencement.

16. Notwithstanding the provisions of section 20, the hours of work of domestic workers and security workers shall be a maximum of- (a) 54 ordinary hours for the first year after the commencement of this Act; (b) 51 ordinary hours for the second year after the commencement of this Act; (c) 48 ordinary hours for the third year after the commencement of this Act; and (d) 45 hours thereafter. Written particulars

Section 16Verify source

§ 17Informing employees of their rightsProvision

This section is omitted in the source text.

Section 17Verify source

Legislative relationships

5 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Employment Ordinance
Section 6

G–M

4 instruments

Industrial Court of Tanzania Act
Section 7
it or new subsidiary legislation under this Act
Section 15
its application in order to Organisational rights and recognition comply with this Act
Section 3
Minister in the subordinate courts prior to the commencement of this Act
Section 13

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