The Employment and Labour Relations Act sets the baseline for every employment relationship in Tanzania mainland. Here are the rules both employers and employees should know.

The legal framework

Employment on the mainland is governed mainly by the Employment and Labour Relations Act, 2004 and the Labour Institutions Act, supported by regulations and sector wage orders. Contracts can improve on these minimum standards but cannot go below them.

Core statutory entitlements

• Written particulars of employment must be provided to every employee.
• Annual leave of at least 28 consecutive days.
• Maternity leave of 84 days, extended in certain cases such as multiple births, and a short period of paternity leave.
• Limits on ordinary working hours with overtime payable above the limit.
• Probationary periods are permitted but are subject to statutory limits.
• Statutory contributions to a social security scheme and the Workers Compensation Fund.

Fair termination

A termination is fair only if there is a valid reason, such as misconduct, incapacity or operational requirements, and a fair procedure is followed. This normally means notice, an opportunity to respond and, for misconduct, a proper hearing. Employees who are terminated unfairly may be entitled to compensation or reinstatement.

Resolving disputes

Labour disputes are referred first to the Commission for Mediation and Arbitration (CMA), within strict time limits, and then to the Labour Division of the High Court on review. Missing a deadline can be fatal to an otherwise strong claim, so seek advice quickly.

Practical advice for employers

Keep written contracts and policies up to date, document performance and disciplinary steps, and follow procedure even when the reason for termination is clear. Good records are the best defence in the CMA.

This article is general information about Tanzanian law and is not legal advice. Laws and regulations change; speak to an advocate before acting on any matter.