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Tanzania, United Republic of
 


Source and scope of regulations - 2019    

References
  • 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
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: civil/public servants; police; army; prison staff

Notes / Remarks
In 2017, the Employment and Labour Relations (General) Regulations, 2017 were enacted to improve the implementation of ELRA.


Types of employment contracts - 2019    

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Maximum probationary (trial) period: 6 month(s)

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
  • Maximum number of successive FTCs: no limitation
  • Maximum cumulative duration of successive FTCs: no limitation

Notes / Remarks
Under the Code of Good Practice of 2007, the failure to renew a fixed-term contract where the worker reasonably expects a renewal of the contract may be considered an unfair termination. However, in order to succeed in a claim of reasonable expectation of renewal, the employee must demonstrate that there is an objective basis for the expectation, such as previous renewals or the employer's undertaking to renew. (Rule 4, paras. (4) and (5))

Substantive requirements for dismissals (justified and prohibited grounds) - 2019    

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Obligation to provide reasons to the employee: Yes

Valid grounds (justified dismissal): any fair reasons

Prohibited grounds: marital status; pregnancy; family responsibilities; race; colour; sex; religion; political opinion; social origin; nationality/national origin; age; trade union membership and activities; disability; exercise of a right; participation in a lawful strike; whistle blowing; HIV status; place of residence; ethnic origin

Workers enjoying special protection: pregnant women and/or women on maternity leave

Procedural requirements for individual dismissals - 2019    

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Notification to the worker to be dismissed: written

Notice period:
    • tenure ≥ 6 months
      • monthly paid workers - 28 day(s).
      • daily or weekly paid workers - 4 day(s).
    • tenure ≥ 9 months
      • monthly paid workers - 28 day(s).
      • daily or weekly paid workers - 4 day(s).
    • tenure ≥ 2 years
      • monthly paid workers - 28 day(s).
      • daily or weekly paid workers - 4 day(s).
    • tenure ≥ 4 years
      • monthly paid workers - 28 day(s).
      • daily or weekly paid workers - 4 day(s).
    • tenure ≥ 5 years
      • monthly paid workers - 28 day(s).
      • daily or weekly paid workers - 4 day(s).
    • tenure ≥ 10 years
      • monthly paid workers - 28 day(s).
      • daily or weekly paid workers - 4 day(s).
    • tenure ≥ 20 years
      • monthly paid workers - 28 day(s).
      • daily or weekly paid workers - 4 day(s).

    Pay in lieu of notice: Yes

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2019    

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    Definition of collective dismissal (number of employees concerned):
    No statutory definition of collective dismissal. However, the ELRA provides for specific requirements applicable to "termination based on operational requirements (retrenchment)".

    Prior consultations with trade unions (workers' representatives): Yes

    Notification to the public administration: No

    Notification to workers' representatives: Yes

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Priority rules for collective dismissals (social considerations, age, job tenure): No

    Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

    Priority rules for re-employment: No

    Severance pay and redundancy payment - 2019    

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    Severance pay:
    • tenure ≥ 6 months: 0 day(s)
    • tenure ≥ 9 months: 0 day(s)
    • tenure ≥ 1 year: 1 week(s)
    • tenure ≥ 2 years: 2 week(s)
    • tenure ≥ 4 years: 4 week(s)
    • tenure ≥ 5 years: 5 week(s)
    • tenure ≥ 10 years: 10 week(s)
    • tenure ≥ 20 years: 10 week(s)
    Redundancy payment:
    • tenure ≥ 6 months: 0 week(s)
    • tenure ≥ 9 months: 0 week(s)
    • tenure ≥ 1 year: 1 week(s)
    • tenure ≥ 2 years: 2 week(s)
    • tenure ≥ 4 years: 4 week(s)
    • tenure ≥ 5 years: 5 week(s)
    • tenure ≥ 10 years: 10 week(s)
    • tenure ≥ 20 years: 10 week(s)

    Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2019    

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    Compensation for unfair dismissal - free determination by court: No

    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

    Preliminary mandatory conciliation: No

    Competent court(s) / tribunal(s): labour court

    Existing arbitration: Yes

    Source of additional information - 2019    

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