Tanzania Act or statute

Parliament of Tanzania

The Employment and Labour Relations Act

agreementsburial benefitscollective agreementsconstitutional compliancecontinuity of lawcourt cancellationcourt proceduredefinitionsdelegation of functionsdisciplinary actiondismissaldispute resolutionemployee recordsemployer complianceemployment benefitsemployment contractsemployment disputesfiling deadlinesgovernment administrationindustrial relationslabour dispute resolutionlabour disputesminimum wageorganization registrationpending applicationsregistration processrenewalstrike and lockoutsubsidiary legislationtrade union rightstrade unionsworking timeworkplace disputes

Jurisdiction: Tanzania
Structure: 17 provisions
Citation: The Employment and Labour Relations Act
Dates: Undated source snapshot

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Purpose and legislative effect

“This provision defines several terms used in the Schedule, including “employers organisation,” “federation,” “repealed laws,” “trade union,” and “Trade Unions Act.””

This provision defines several terms used in the Schedule, including “employers organisation,” “federation,” “repealed laws,” “trade union,” and “Trade Unions Act.” Some trade unions, employers’ organisations, and federations are treated as registered under this Act, and the Registrar must update registers and issue certificates. Affected bodies must fix non-compliant constitutions within 6 months, or the Registrar may apply to the Labour Court to cancel registration. Pending applications are to be treated as if made under this Act, and the Registrar may excuse technical non-compliance or require amendments. This section defines “organisational rights” and “recognition,” and requires trade unions and employers to continue certain pre-existing rights and recognition for set periods. Older negotiated or voluntary agreements keep binding until they expire, renewals must follow this Act, and related disputes go to the Labour Court.

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Short title

This provision defines several terms used in the Schedule, including “employers organisation,” “federation,” “repealed laws,” “trade union,” and “Trade Unions Act.”

Section 1

Prohibition of child labour

Older negotiated or voluntary agreements keep binding until they expire, renewals must follow this Act, and related disputes go to the Labour Court.

Section 5

Employee’s right to freedom of association

Disputes under repealed laws that arose before this Act starts are to be handled as if those laws were still in force.

Section 9

Employment standards

This section moves pending labour-related disputes and related applications from the old forums to the named courts, and gives the Commission power to mediate and arbitrate certain disputes.

Section 13

Application of this Sub-Part

Each employer must submit the written particulars referred to in section 15 for employees already in employment when the Act commences.

Section 17

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Showing 17 of 17 provisions

Commencement 11Repeal 4Short titleProvision

§ 1Short titleShort title

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

1. In this Schedule, unless the context requires Act No. 10 of 1998 otherwise— “employers organisation” means an employer’s organisation registered under the Trade Unions Act; “federation” means a federation registered under the Trade Unions Act; 92 The Employment and Labour Relations Act [CAP. 366 R.E. 2019] Cap 4. s.8 Act No. 10 of 1998 Existing trade unions employer’s organization and federations “repealed laws” means the laws repealed under section 103(1) and listed in the Second Schedule; “trade union” means a trade union registered under the Trade Unions Act; “Trade Unions Act” means the Trade Unions Act, 1998.

Section 1Verify source

§ 2ApplicationCommencement

Some trade unions, employers’ organisations, and federations are treated as registered under this Act, and the Registrar must update registers and issue certificates. Affected bodies must fix non-compliant constitutions within 6 months, or the Registrar may 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 48(5)(a) of this Act; (b) issue a certificate in terms of section 48(5)(b) of trade unions, employers’ in federations referred the this Act organisations and paragraph (a). to to (3) If any provision of the constitution of a trade union, employers’ organisation or federation does not comply with the requirements of sections 46 and 47 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 50, shall apply mutatis mutandis in respect of a rectification under subparagraph (3). (5) If 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 46 and 47 of this Act. (6) Section 55, shall apply mutatis mutandis in respect of an application brought under sub-paragraph (5).

Section 2Verify source

§ 3ObjectsRepeal

Pending applications are to be treated as if made under this Act, and the Registrar may excuse technical non-compliance or require amendments.

3.-(1) Any pending application 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. for (2) When dealing with an application referred to in sub- paragraph (1), the Registrar may- 93 Pending applications for registration The Employment and Labour Relations Act [CAP. 366 R.E. 2019] Organizational rights and recognition (a) condone any technical non-compliance with this Act; (b) require the applicant to amend its application in order to comply with this Act.

Section 3Verify source

§ 4InterpretationCommencement

This section defines “organisational rights” and “recognition,” and requires trade unions and employers to continue certain pre-existing rights and recognition for set periods.

4.-(1) For the purposes of this paragraph— (a) organisational rights’ means any of the following rights: (i) (ii) (iii) (iv) (v) the right to trade union representation in the workplace including the right to a committee or a field branch; the right to facilities for trade union representatives in the workplace; the right to disclosure of information; the right to deduction of trade union dues and levies; the right of access the employer premises for the purposes of recruitment of members, meeting with members and representing members; to (b) “recognition” means any agreement or practice in terms of which a trade union is recognised under the repealed laws for the 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; (b) any collective agreement 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. force at in (3) Any 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 67. (5) Any dispute over any organisational rights or recognition conferred under there repealed laws shall be decided by the Labour Court as if the repealed laws had not been repealed. 94 The Employment and Labour Relations Act [CAP. 366 R.E. 2019] Negotiated or voluntary agreements

Section 4Verify source

§ 5Prohibition of child labourCommencement

Older negotiated or voluntary agreements keep binding until they expire, renewals must follow this Act, and related disputes go to the Labour Court.

5.-(1) Any 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) if the agreement is due to expire after a year from the commencement of this Act, the agreement expires at the end of the year. (2) (b) subject to paragraph 4(2)(b), any renewal of any such agreement shall be done in terms of this Act. Any dispute arising from the application, interpretation or implementation of an agreement stipulated in sub-paragraph (1) shall be decided by the Labour Court as if the repealed laws had not been repealed. The Employment Ordinance Industrial Court awards the repeal of

Section 5Verify source

§ 6Prohibition of forced labourRepeal

Sections 100 and 102 on medicine, medical treatment, and burial benefits continue to apply despite the Employment Ordinance until another law repeals them.

6.Notwithstanding 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.'.

Section 6Verify source

§ 7Prohibition of discrimination in workplaceCommencement

This section says certain trade disputes and related Industrial Court matters are handled as if the repealed laws had not been repealed, except that strikes or lockouts starting after commencement are handled under this Act.

7.-(1) Subject to sub-paragraph (3), any trade dispute the stipulated commencement of this Act shall be dealt with as if those laws had not been repealed. that arose before repealed laws the in (2) Subject to sub-paragraph (3), any 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 sub-paragraphs (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) Any revision or interpretation of an award made by the Industrial Court shall be done as if the repealed laws had not been repealed. (5) Any award made by the Industrial Court under the repealed laws shall remain in force until the expiry of the award. References to conciliation boards

Section 7Verify source

§ 8Prohibition of discrimination in trade unions and employerCommencement

References about summary dismissal or a disciplinary penalty are to be handled as if the repealed laws had not been repealed, for matters arising before the Act commenced.

8.-(1) Any reference concerning a summary dismissal or disciplinary penalty the that commencement of this Act shall be dealt with as if the repealed laws had not been repealed. takes place before Cap. 4 s. 8 (2) Any reference concerning a summary dismissal or disciplinary penalty that takesplace before the commencement of 95 The Employment and Labour Relations Act [CAP. 366 R.E. 2019] Disputes referred to labour officers References to Minister Maters before ordinary courts Minister may authorize Commission to perform functions of conciliation board and Industrial Court Disputes originating from repealed laws Acts Nos. 11of 2010 s.42 4 of 2016 s.24 this Act shall be dealt with as if the repealed laws had not been repealed.

Section 8Verify source

§ 9Employee’s right to freedom of associationCommencement

Disputes under repealed laws that arose before this Act starts are to be handled as if those laws were still in force.

9. Any 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.

Section 9Verify source

§ 10Employer’s right to freedom of associationRepeal

References to the Minister in the repealed laws must be treated as though those laws had not been repealed.

10. Any reference to the Minister stipulated under the repealed laws shall be dealt with as if the repealed laws had not been repealed.

Section 10Verify source

§ 11Rights of trade unions and employers’ associationsCommencement

Offences, claims, and civil proceedings started before commencement continue to be handled as if the repealed laws were still in force.

11.-(1) Any 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) Any 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

§ 12Application of this PartProvision

The Minister may, after consulting the Commission, authorize the Commission by Gazette notice to carry out functions of conciliation boards or the industrial court for all or part of Mainland Tanzania, from a date set in the Gazette.

12.-(1) The Minister may, after consultation with the Commission, authorize 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; (b) with effect from a date specified in the Gazette. (2) The authorisation of the Commission under sub- paragraph (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.

Section 12Verify source

§ 13Employment standardsCommencement

This section moves pending labour-related disputes and related applications from the old forums to the named courts, and gives the Commission power to mediate and arbitrate certain disputes.

13.-(1) All disputes originating from the repealed laws laws applicable the substantive shall be determined by 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 96 The Employment and Labour Relations Act [CAP. 366 R.E. 2019] 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 86 of the Act. (6) All references pending decision of the Minister shall - to the Minister (a) in the case of references which were returned by the retrial, be High Court determined and finalized by the Minister; and (b) in the case of references pending the decision of the Minister be their respective complete records to the Labour Court for determination. together with forwarded for (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.

Section 13Verify source

§ 14Contracts with employeesCommencement

The Minister may, within 3 years after commencement, set up a minimum wage board and make a wages regulation order fixing a basic minimum wage, with the President’s approval.

14.-(1) Notwithstanding the repeal of the Regulation of Wages and Terms of Employment Ordinance- (a) the Minister may, within 3 years of the commencement of this Act— (i) establish a minimum wage board under section 4 of the Ordinance; and (ii) make, with the approval of the President, a wages regulation order under section 10 fixing a basic minimum wage; (b) the relevant provisions of the Ordinance shall apply to a board established and an order made in terms of paragraph (a). (2) Subject to subsection (3), a Wages Regulation Order published under the Regulation of Wages and Terms of Employment Ordinance, shall remain the commencement of this Act. in force after (3) Where a wage determination is published under the Labour Institutions Act, any applicable wages regulations order stipulated in sub-paragraph (1) shall cease to apply to the employers and employees subject to the determination.

Section 14Verify source

§ 15Written statement of particularsRepeal

Subsidiary legislation made under the 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 97 Minimum wages Ord No. 15 of 1951 Cap.300 Cap. 4 s.8 Subsidiary legislation The Employment and Labour Relations Act [CAP. 366 R.E. 2019] (b) replaced by subsidiary legislation made under this Act. Hours of work domestic and security workers

Section 15Verify source

§ 16Informing employees of their rightsCommencement

Domestic and security workers have capped ordinary working hours that reduce over the first three years after commencement, then settle at 45 hours thereafter.

16. Notwithstanding the provisions of section 19, 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

§ 17Application of this Sub-PartCommencement

Each employer must submit the written particulars referred to in section 15 for employees already in employment when the Act commences.

17. Each employer shall submit the written particulars contemplated in section 15 of this Act and applicable to an employee in employment at the commencement of this Act within a year of the commencement of this Act. __________________________ 98

Section 17Verify source

Legislative relationships

6 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.

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 comply with this Act
Section 3
Minister in the subordinate courts prior to the commencement of this Act
Section 13

N–S

1 instrument

Regulation of Wages and Terms of Employment Ordinance
Section 14

T–Z

1 instrument

them. 6.Notwithstanding the Employment Ordinance
Section 6

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