Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Tanzania, United Republic of - 2019
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- Employment and Labour Relations Act (No. 6 of 2004) [ELRA]
Date: 04 Jun 2004 (view in NATLEX »)
- Labour Institutions Act (No. 7 of 2004)
Date: 04 Jun 2004 (view in NATLEX »)
- Employment and Labour Laws (Miscellaneous Amendments) Act, 2015 (No. 24 of 2015)
Date: 18 Sep 2015; view website » (view in NATLEX »)
- The Employment and Labour Relations (General) Regulations, 2017
Date: 24 Feb 2017; view website » (view in NATLEX »)
- Employment and Labour Relations (Code of Good Practice) Rules, 2007 (GN No. 42 of 2007).
Date: 24 Jan 2007
Compensation for unfair dismissal - free determination by court: No
- Art. 40(1)c) ELRA (see below: minimum 12 months' pay).
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
-In case of unfair dismissal, the labour court or an arbitrator may order the employer to pay compensation to the worker of not less than twelve months' remuneration.
- Where an order of reinstatement or re-engagement is made by an arbitrator or court and the employer decides not to follow it, the employer shall pay compensation of twelve months wages in addition to wages due and other benefits from the date of unfair termination to the date of final payment.
Reinstatement available: Yes
- Art 40(1)a) ELRA: If the labour court or an arbitrator finds the dismissal unfair, the court or the arbitrator may order the employer to reinstate the employee from the date the employee was terminated without loss of remuneration during the period
that the employee was absent from work due to the unfair
termination. They can also order the employer to re-engage the employee on any terms by them decided (art. 40(1)c) ERA).
Preliminary mandatory conciliation: No
- No preliminary mandatory conciliation as such.
However, the ELRA provide for an optional preliminary mediation: an employee who wishes to contest a dismissal may refer the dispute to the Commission for Mediation and Arbitration established under section 12 of the Labour Institutions Act of 2004 (No. 7). The Commission will appoint a mediator to mediate the dispute, decide the time, date and place of the mediation hearing and advise the parties of this. (art. 86(3) ELRA). The mediator should resolve the matter within thirty days of the referral or longer if the parties agree to it. Where the mediator fails to resolve the complaint within the agreed upon period of time, it is referred to either arbitration or to the Labour Court. The Labour Court may refuse to hear a complaint if the complaint has not been referred to mediation, if the mediation has not been conducted according to the ELRA, or if the application is not urgent (art. 94(2) ELRA).
Competent court(s) / tribunal(s): labour court
- Where the mediator fails to resolve the complaint within the agreed upon period of time, it is referred to either arbitration or to the Labour Court (see art. 40 ELRA: remedies for unfair termination to be awarded by the Labour Court or an arbitrator).
The Labour Court means the Labour Division of the High Court established under section 50 of the Labour Institutions Act, 2004 (art. 4 ELRA).
The Labour Court which has exclusive jurisdiction over the application, interpretation and implementation of provisions of the ELRA, may refuse to hear a complaint if the complaint has not been referred to mediation, if the mediation has not been conducted according to the ELRA, or if the application is not urgent (art. 94 ELRA).
Existing arbitration: Yes
- In the event the mediator fails to resolve the dispute, it is referred to either arbitration or to the Labour Court (art. 86(7) ELRA)
For the purposes of arbitration, a dispute is defined to include a complaint over the fairness or lawfulness of an employee's termination of employment (Art. 88(1)b) ELRA).