Voies de recours et procédure contentieuse en cas de litiges individuels - Tanzanie, République Unie de - 2013
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- Employment and Labour Relations Act (No. 6 of 2004) [ELRA]
Date: 04 Jun 2004 (voir dans NATLEX
- Labour Institutions Act (No. 7 of 2004)
Date: 04 Jun 2004 (voir dans NATLEX
Compensation pour licenciement injustifié - montant librement déterminé par la cour: Non
- Art. 40(1)c) ELRA (see below: minimum 12 months' pay).
Compensation pour licenciement injustifié - limites légales (plafond en mois ou methode de calcul définie)
-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.
Possibilité de réintégration dans l'emploi: Oui
- 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).
Conciliation préalable obligatoire: Non
- 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).
Courts ou tribunaux compétents
: tribunal du travail
- 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).
Règlement des litiges individuels par arbitrage: Oui
- 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).