Tanzania
Answer ... The statutory sources of labour and employment law in Tanzania are divided into principal legislation and subsidiary legislation
The principal legislation includes:
- the Employment and Labour Relations Act 2004;
- the Labour Institutions Act;
- the Constitution of Tanzania;
- the Non-citizens Employment Regulations Act;
- the Workers Compensation Act; and
- the Occupational Safety Act.
The subsidiary legislation includes:
- the Employment and Labour Relations (Code of Good Practice) Rules (Government Notice 42/2007);
- the Employment and Labour Relations General Regulations (Government Notice 47/2017);
- the Labour Institutions (Mediation and Arbitration) Rules (Government Notice 64/2007);
- the Labour Institutions General Regulations (Government Notice 45/2017);
- the Labour Institutions (Mediation and Arbitration Guidelines) Rules (Government Notice 67/2007);
- the Labour Institutions and Code of Good Conduct for Mediation and Arbitration Rules (Government Notice 66/2007);
- the Labour Court Rules (Government Notice 106/2007); and
- the Wages and Terms of Employment Order 2022.
Tanzania
Answer ... Yes, there is a contractual system that operates in parallel to the statutory sources.
Employers issue contracts to employees to reflect the terms of employment. Those terms must align with the standards stipulated under the statutes.
Tanzania
Answer ... Yes, employment contracts are commonly used at all levels.
There are various types of employment contracts, as follows:
- fixed-term contracts;
- permanent contracts; and
- contracts for specific tasks.
The most common types are fixed-term contracts and permanent contracts.
The employer’s legal team will prepare the employment contracts, which will reflect terms that are in alignment with the employer’s policies and which will then be offered to employees for signature. Employees are free to voice concerns over those terms, but the employer is free to acknowledge or dismiss them. The employee will then be required either to accept the contractual terms as is or to decline to sign them, in which case a contractual relationship will not exist.
The Employment and Labour Relations Act specifically states that a contract with an employee must be executed in writing, regardless of whether the contract provides that the employee will work within or outside Tanzania
Employers must ensure that the following information is provided to employees in writing upon the commencement of employment:
- the place of recruitment;
- the job description;
- the date of commencement of employment;
- the form and duration of the contract;
- the place of work;
- the hours of work;
- the remuneration and the method for its calculation; and
- details of any benefits.
This information can also be included in a written contract of employment.