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UNITED REPUBLIC OF TANZANIA

ZANZIBAR LABOUR ACT, 1997


PART I - PRELIMINARY PROVISIONS

PART II - ADMINISTRATION AND JURISDICTION

PART III - EMPLOYMENT PROCEDURE

PART IV - CONTRACTS OF SERVICE

PART V - RIGHTS AND DUTIES IN EMPLOYMENT

PART VI - DISCIPLINARY MEASURES AND PENALTIES

PART VII - RETIREMENT, TERMINATION OF SERVICE, DISMISSAL AND TERMINAL BENEFITS

PART VIII - LABOUR ADVISORY BOARD AND CONCILIATION BOARDS

PART IX - CONDITIONS OF EMPLOYMENT FOR SPECIAL CATEGORIES OF EMPLOYEES

PART X - MISCELLANEOUS PROVISIONS

SCHEDULE.


AN ACT TO REGULATE THE RELATIONS BETWEEN EMPLOYERS AND EMPLOYEES IN THE PRIVATE SECTOR AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH

ENACTED by the House of Representatives of Zanzibar.

PART I - PRELIMINARY PROVISIONS

1. This Act may be cited as the Labour Act, 1997 and shall come into operation on such date as the Minister may appoint in the Gazette.

2. In this Act unless the context otherwise requires:-

"Applicant" means any person who is not employed but he seeks to be employed;

"Board" means Labour Advisory Board;

"contract of service" means any contract whether in writing or oral between the employer on one part and the employee on the other part, whereby the employee agrees in return for remuneration to work for the employer;

"Commissioner" means the Labour Deputy Commissioner;

"Citizen" means any person who is a citizen of Tanzania;

"child" means a person under the age of 17;

"Conciliation Board" means a Conciliation Board prescribed by this Act, and the Zanzibar Industrial Court Act, 1994;

"dismissal" means the action taken by an employer to terminate the contract of service of an employee who committed a major disciplinary or criminal offence in accordance with this Act, or from the order of the court.

"dependent relative" means a member of an employee's family who resides with and substantially depends on that employee for his livelihood;

"Doctor" means a Medical Officer who is qualified and recognised by the Government as a doctor and includes any officer authorised by the doctor to do the work;

"disabled person" means a person who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual;

"employer's association" means the association registered to represent the employers and to defend the rights and obligations of employers;

"employer" means any person who enters into the contract of service to employ any person or group of persons, a corporation or company and whether originated inside or outside the country, for the payment of salary.

"employee" means a person who has entered into or works under or seeks to work under or (where the employment has ceased) was working under a contract of service;

"Factory" means any premises with machinery on which, or within the precincts of which persons are employed in the making, altering, repairing, cleaning, breaking up or adopting for sale of any article for the purpose of gain;

"Family" means a wife and/or husband and children by blood or otherwise;

"foreigner" means any person who is not a citizen of Tanzania;

"Labour Commission" means a government institution responsible for the labour matters in a private sector which includes Labour Office in Pemba, Regional Labour Offices and District Labour Offices;

"Labour Officer" means a person with the right and obligations as more specifically described by this Act, and includes the Commissioner, Deputy Commissioner, Labour Officer in Pemba, and Regional and District Labour Officers;

"Labour Inspector" means any person with the right and obligations as more specifically described by this Act;

"Minister" means the Minister for the time being responsible for private sector labour matters;

"night" means any time between seven o'clock in the evening and six o'clock morning;

"Private Sector" means economic, business or services sector whereby more than half of its assets and or management is owned by individuals;

"resign" means the termination of contract of service by the employee before the expiry of term of contract of service or before the attainment of retiring age;

"Retirement" means the action taken by an employer to terminate the contract of service of his employee who completed his term of service or who attained the retiring age;

"specified areas" means areas which shall be specified by the Minister in the regulations;

"Trade union" means workers' organization, registered to represent the workers and to defend the rights and obligations of workers;

"Termination of service" means the action taken by an employer to terminate the contract of service of his employee prior to the date mentioned in the contract completed or before the attainment of retiring age according to law, by the wish of the employer or sickness;

"temporary service" means a kind of service whereby the number of service hours are lesser than the ordinary hours of the service at the working place;

"Parties" means (unless the context otherwise requires) the parties to the contract of service;

"working place" means any place where work is performed by the employer and his employee;

"women" means any category of a female gender without considering her age;

"young person"' means a person, other than a child, who is under the age of 21;

3. (1) Unless the context otherwise requires, the provisions of this or any other Act, this Act shall apply to all labour matters in the private sector.

(2) Unless otherwise provided under the provisions of this or any Act, this Act shall not apply to the following persons:-

(3) The Minister may, by order published in the gazette, extend or limit the application of this Act to any category of persons included in its provisions by this section.

 

PART II - ADMINISTRATION AMD JURISDICTION

4. (1) There shall be a Labour Commission which shall administer the provisions of this Act and all matters in the private sector.

(2) The Labour Commission shall comprise of the following:-

5. (1) For the purpose of this Act, the Minister shall be the chief supervisor, and the Commissioner shall be chief executive of the functions of the Commission.

(2) The Commissioner may delegate in writing to any properly appointed officer of the Commission the exercise of any of his powers under this Act.

6. (1) The appointment of the Labour Commissioner and Deputy Labour Commissioner shall be made by the President as he may deem necessary for the administration of this Act.

(2) The Minister shall appoint Labour Officers and Labour Inspectors for the purpose of the better implementation of this Act.

(3) Labour Officers and Labour Inspectors shall be given special identity cards as prescribed by the Minister in the regulations.

7. The Commissioner shall have the following powers and functions:-

8. (1) The Deputy Labour Commissioner shall have full responsibility and obligation of administering the implementation of this Act under the supervision of the Commissioner.

(2) The Commissioner shall have the power to set aside all or any part or to amend the directive, function or any order issued by the Deputy Labour Commissioner or Labour Officer.

9. The Labour Officers shall have the following duties:-

10. The Labour Inspectors shall have the following duties:-

11. Labour Officers and Inspectors shall have the following powers:-

12. A Doctor or any person authorised by him in writing, for the purpose of this Act, shall have the same power as the inspector mentioned under section 11 of this Act together with all or any of the following matters:-

13. (1) The Commissioner, a Labour Officer or Inspector shall have the power to institute proceedings before any court of law in respect of any failure to comply with lawful directives given under the Labour Act or any contravention of any provision of this Act or any other labour laws.

(2) The Commissioner, a Labour Officer or Inspector shall have powers to institute or appear in a civil suit on behalf of the employees against any employer for any matter, claim or occupance which relates to the work or working conditions, whether such suit instituted by employee or employees or by order of the court in a criminal case.

(3) In his capacity, the Commissioner, Labour Officer or Inspector may institute a criminal case against the employer who fails to comply with this Act, either to defend the employee or employees for the claims when he feels that justice is not done.

(4) There shall not be any court fees for any suit instituted under this section.

14 . Where any dispute or misunderstanding arises in relation to a contract of service, any party to the contract may institute a civil suit before the Industrial Court.

15. (1) The court shall have jurisdiction to hear any civil suit whether such suit is initiated inside or outside the country.

(2) At any time and after filing a suit and after filing an affidavit that the defendant is intending to leave the country, the court may issue a warrant of arrest and cause him to be detained, or otherwise to provide security equivalent to the said suit as the court may think fit.

(3) Section 185 of the Criminal Procedure Decree, Cap. 14 shall not apply to any provision of this Act.

16. (1) Every employer is required to permit the activities of trade union at the place of work.

(2) The trade unions may conduct the following activities at the place of work:-

(3) Every employer shall make available a suitable office to be used as a branch of trade union at the place of work.

(4) Employees shall be free to join trade unions in accordance with the constitution of trade unions, and the employer is not required to use any kind of intimidation in discouraging the employees to join the same.

(5) Every employer is required to permit the employees to enter into any agreement which they require from the terms and conditions of work.

(6) Without prejudice to the provisions of subsection (1) , (2) , (3) and (4) of this section trade unions shall not establish branches in the Zanzibar Free Economic Zones, provided that the employees of those areas shall be free to be members of trade unions.

(7) Employees of Free Economic Zones who are members of trade unions may have their offices in the premises of Free Economic Zones Authority.

(8) Other activities of the trade unions shall be done in collaboration and corporation with the Free Economic Zones Authority.

17 . The trade unions branch management at the place of work, among other things, shall have the following functions:-

18. Any lawful employer's association shall have powers to enter, enquire or meet with employees leader or employer at the place of work at any reasonable time.

19. (1) Any employer who refuses or fails to comply with the directive/order of the Commissioner under section 7(f) of this Act is guilty of an offence and shall be liable on conviction to a fine not less than one thousand and six hundred United States Dollars.

(2) When, any person who has been summoned under the provisions of section 7 of this Act fails to attend at a time and place specified or refuses to answer questions/queries put forward by the Commissioner or any authorized officer or refuses or fails to produce documents required by the Commissioner, shall be guilty of an offence, and shall be liable upon conviction to a fine not less than two thousand United States Dollars.

(3) Any employer or any person who obstructs or prevents any function of the trade unions in the place of work or obstructs in any way any meeting of trade unions without reasonable ground or contravenes any provision of this Act relating to the functions of the trade unions at the place of work, shall be guilty of an offence and shall be liable on conviction to a fine of not less than two thousand United States Dollars.

(4) Any employer or any person who obstructs or prevents or participate in any manner whatsoever and causes a leader or leaders of trade unions not to perform their duties, shall be guilty of an offence and shall be liable on conviction to a fine of not less than one thousand and two hundred United States Dollars.

(5) Any employer who fails to comply with the provision of section 12 of this Act shall be guilty of an offence and shall be liable on conviction to a fine of not less than two thousand United States Dollars.

(6) Any person who contravenes any section under this part for which no penalty is expressly provided shall be liable upon conviction to a fine of not less than one thousand and six hundred United State Dollars.

(7) The property and assets of any employer or person who defaults to pay fine imposed against him under this section shall be attached and sold to recover the sum equivalent to the fine so imposed.

 

PART III - EMPLOYMENT PROCEDURE

20. (1) Every employer shall, before recruiting any employee obtain registration from the Commissioner.

(2) The Commissioner shall keep employees' register which shall be in the form as prescribed by the Minister in the regulations.

(3) Upon being registered the employer shall be granted a certificate of registration which shall be evidence that he has been so registered.

(4) The certificate of registration granted under sub-section (3) of this section shall be valid for one year, upon expiry of which the employer shall apply for renewal.

(5) Every employer applying for registration shall pay prescribed fees for certificate of registration of which the rates applicable shall be declared by the Minister in the Gazette, from time to time.

21. (1) Any person who intends to seek employment in private sector shall register in a nearby Labour Office as a potential recruit.

(2) There shall be a register kept for that purpose in every Labour Office which shall be in the form prescribed by the Minister.

(3) The Minister may, if he deems it appropriate, prescribe fees payable by potential recruits.

22. (1) Any person (employer or potential recruit) shall give correct information to the registration at the registration office.

(2) Registration officer may refuse to register or cancel registration of any person upon being satisfied that the said person has made false statement.

23. (1) There shall be a register for vacant posts which shall be kept by the Commissioner in the manner and form he deems fit.

(2) Every employer shall apply to the Commissioner for registration of all vacant posts available in his establishment.

(3) The Commissioner or any officer authorised by him in that behalf shall have the power to refuse registration of any vacant post if:-

(4) The employer may appeal to the Minister against the decision of the Commissioner made under subsection (3) of this section.

(5) The decision of the Minister shall be final.

(6) The Commissioner or authorised officer shall, within fourteen days, inform the applicant of the acceptance or refusal of his application; upon expiry of fourteen days without any reply being made it shall be deemed that the Commissioner has accepted the application and he shall therefor register the said position.

(7) No employer shall be permitted to employ any person unless the vacant post is registered.

(8) No employer shall cancel any vacant post without the permission of the Commissioner.

24. (1) Every employer shall observe the following procedure in filling vacant posts:-

(2) The Commissioner or Labour Officer shall advertise the vacant post, through the media he deems appropriate, if he has not obtained eligible candidate to fill the post in his own list.

25. (1) In the event one month elapses from the date the Commissioner or Labour

Officer received an application from the employer to fill vacant posts without submitting to the said employer the list of eligible recruits he shall give permission to the employer in writing to look for eligible candidate on his own.

(2) The employer so permitted by the Commissioner shall observe the following

conditions:-

(3) The Commissioner or Labour Officer shall register those persons in the register of recruits for record purposes,

26. (1) No employer shall be permitted to employ foreign national except in the following cases:-

(2) There shall be work permit for foreign employees which shall be issued by the Commissioner.

(3) Work permit shall, except for persons exempted under this Act, be issued upon payment of prescribed fees payable in United States currency or local currency equivalent to the amount fixed in United States Dollars in such rates as the Minister by notice in the Gazette shall prescribe.

(4) Every foreign employee shall in every material time hold only one work permit for one place of employment only.

(5) The employer shall report to the Commissioner on expiry or termination of every employment contract within fourteen days from the date of such expiry or termination as the case may be.

27. (1) There shall be extended work permit which shall be valid for between six to twelve months.

(2) Extended work permit may be renewed by the Commissioner for not more than one year at a time upon application being made by the employer and the employee and upon being satisfied that it is necessary to do so; but in any case a total period for a foreign employee to work in the country shall not exceed four years, except for the investors and employees in the management and expatriate positions mentioned under section 18 (2) of the Investment Promotion Act, 1986.

(3) Notwithstanding the foregoing provisions the Minister may order work permit to be issued for additional period not exceeding two years.

(4) Extended work permit shall be issued to foreign investors, employees in management or expatriate positions whose engagements shall be proved to require extended work permit and such other persons as may be prescribed in the regulations.

28. (1) There shall be short-term work permits which shall be valid for less than six months.

(2) Short-term work permits shall be issued to foreign investors who applied for such permits and other foreigners engaged in short-term employment and such other categories of foreigners prescribed in the regulations.

(3) Short-term work permits shall not be renewed except for foreign investors.

29. (1) Individual investors whose shareholding in the project-company operating under the provisions of the Investment Protection Act and Free Economic Zones Act is not less than half shall be exempted from payment of work permit fees.

(2) The Minister may exempt from payment of work permit fees any foreign employee engaged by non-governmental charitable organization.

[30. Power of the Commissioner to refuse issuing of work-permit.]

[31. Power of the Commissioner to cancel work permit.]

32. The Minister may make regulations for the better carrying out of this part and in those regulations may provide for any of the following:-

33. (1) Any employer who conducts any employment activities, and in particular employs persons without being registered under section 20 of this Act, shall be guilty of an offence and upon conviction shall be liable to a fine of not less than the sum equivalent to two thousand United States Dollars.

(2) Any employer who employs any person not registered under section 21 of this Act shall be guilty of an offence and shall, upon conviction, be liable to a fine of not less than the sum equivalent to five hundred United States Dollars.

(3) Any employer who employs any person to fill a vacant post which is not registered shall be guilty of an offence and shall, upon conviction, be liable to a fine of not less than the sum equivalent to five hundred United States Dollars.

(4) Any employer who cancels any vacant post without the approval of the Commissioner shall be guilty of an offence and shall, upon conviction, be liable to a fine of not less than the sum equivalent to five hundred United States Dollars.

(5) Any employer who employs any person or persons contrary to sections 21 and 24 shall be guilty of an offence and shall, upon conviction, be liable to a fine of not less than the sum equivalent to one thousand and two hundred United States Dollars.

(6) Any foreigner who works or is employed without the permission of the Commissioner shall be guilty of an offence and shall, upon conviction, be liable to a fine of not less than the sum equivalent to one thousand and five hundred United States Dollars.

(7) Any employer who employs or permits any foreigner who is not holding a work permit to work in his establishment shall be guilty of an offence and shall, upon conviction be liable to a fine of not less than the sum equivalent to two thousand United States Dollars.

(8) Any foreigner found to use work permit in another establishment different from the establishment in respect of which such work permit was issued without special permission of the Commissioner shall be guilty of an offence and shall, upon conviction, be liable to a fine of not less than the sum equivalent to eight hundred United States Dollars.

(9) Any employer who fails to report to the Commissioner on termination or expiry of employment contract as provided for under section 26(5) of this Act shall be guilty of an offence and, shall upon conviction, be liable to a fine of not less than the equivalent of eight hundred United States Dollars.

(10) The property and assets of any employer or person who defaults to pay fine imposed against him under this section shall be attached and sold to recover the sum equivalent to the fine so imposed.

 

PART IV - CONTRACTS OF SERVICE

34. There shall be the following types of contracts of service:-

35. (1) The types of contracts referred to in section 34(a),(b) and (c) shall:-

(2) Every contract of service entered into between the employer and employee shall be attested by the Labour Officer.

(3) There shall be affixed in every contract of service an employee's passport-size photograph.

36.(1) No contract other than oral contract shall be valid unless it is attested by the Labour Officer.

(2) The Labour Officer shall not approve a written contract unless he is satisfied that:

(3) The Labour Officer may, if he is not satisfied by any of the things referred to in sub-section (2) , withhold his approval and shall assign reasons thereto.

(4) A contract which has not been attested in accordance with subsection (3) of this section shall be void and the employer subject to the directions provided for by the Labour Officer, shall rectify the same.

(5) When a contract and notice for attestation has been sent to the Labour Officer and the Labour Officer has not given or withheld his attestation for a period of more than thirty days the contract shall be valid and the Labour Officer shall be obliged to attest the same.

(6) There shall be issued special form to be completed by the employer and the Labour Officer concerning the attestation of contract of service.

(7) Every attested contract shall have the following:-

37. (1) Any employer shall pay all prescribed fees for every contract which has been attested by the Labour Officer.

(2) The fees referred to under subsection (1) of this section shall be prescribed by regulations made under this Act.

38. (1) Any employee who enters into a written contract of service shall, in accordance with the procedure made by the Ministry of Health, undergo a medical examination at his own expense.

(2) On the attestation of a contract of service any employee shall produce to the Labour Officer, a medical examination report referred to in sub-section (1) of this section.

(3) The Labour Officer shall not attest any contract of service if the employee fails to produce a medical examination report stating that he is fit and capable to be employed in the service so required.

39. (1) No written contract of service shall be transferred from one employer to another without the consent of the employee and endorsement of the Labour Officer.

(2) The Labour Officer, before giving his consent to the transfer referred to in subsection (1) of this section, shall ascertain that the employee has freely consented to the transfer and that his consent has not been obtained by coercion or undue influence or as the result of misrepresentation or mistake.

(3) Where an employee consents to be transferred his contract of service shall be transferred to the transferee and all rights and obligations between the employee and the transferee shall continue to apply as if they had been rights between the employee and the transferor.

(4) Where the employee refuses to be transferred, such refusal shall be deemed to have terminated the contract and the employer shall pay the employee all his benefits which he is entitled to receive under the contract.

(5) No contract of service shall be transferred from one employer to another unless the trade or business is also transferred in whole or part.

(6) When a trade or business is transferred following a dispute or any other event which resulted into the employer leaving the country without making payment to his employees in respect of their contractual benefits and or any other accrued remunerations, the transferee shall be bound to pay all employees who have refused to be transferred their contractual benefits and consequently shall be responsible for all contractual benefits of all employees who gave their consent to the transfer.

40. (1) No trade or business shall be transferred from one employer to another until the expiration of one month next after notice in writing has been delivered to or left at the office of the Commissioner stating:-

(2) Upon receiving such notice the Commissioner shall ask the Labour Officer to supervise the payment of employees contractual benefits and gratuities under the contract.

41. (1) When the government's trade or business is transferred to a private enterprise by way of lease or sale the contract of service shall be transferred from the government to the transferee.

(2) When such trade or business is transferred all employees thereof shall be entitled to receive their contractual benefits from the government.

(3) When the transferee employs persons in his trade or business shall give first priority to the employees who were in the governments business or trade which has been transferred to such transferee.

42. (1) A written contract of service shall be terminated in the following instances:-

43. (1) An employee in a contract required to be in writing who pursues his studies for a period of not less than three months at the expense of his employer shall work for such employer for a period of not less than two years from the date he shall have completed his studies.

(2) If the employee contravenes the provisions of subsection (1) of this section he shall be bound to pay all expenses which his employer shall have incurred for his studies.

44. (1) Any citizen who intends to seek employment out of Tanzania shall register in the office of the Commissioner in accordance with this Act.

(2) Any employer who intend to employ a citizen in any employment which is out of Tanzania shall communicate with the Commissioner for the issuance of the list of names so registered in accordance with subsection (1) of this section for the same.

(3) A contract of service for any employment which is performed out of Tanzania shall be in accordance with the law of that particular country.

(4) A contract of service for any employment to be performed out of Tanzania shall have the following particulars:-

(5) The employer shall be responsible for all employee's travelling expenses from Zanzibar to the country the employee is supposed to work and vice versa.

(6) The employee shall undergo a medical examination in Zanzibar at the expense of the employee himself save that the employer may require that the employee be further medically examined by a qualified medical practitioner abroad, provided that in such a case the employer shall be responsible for any fees payable in connection with the said medical examination;

Provided further that should the employee be found unfit to continue with his employment, he shall be sent back to Zanzibar at the expense of the employer.

(7) A contract of service entered into between the employer and employee(s) shall

before the employee (s) departure from Zanzibar, be presented to the Labour Officer for attention.

(8) The employer shall in writing, guarantee to the Labour Commissioner the safety of his employee(s) while abroad.

45. (1) A daily paid contract of service shall not be in writing.

(2) The period of service in any contract not required to be in writing shall in no case exceed three months provided that the parties may enter into any form of written contract of service when the maximum period of service in the oral contract expires if the employer still requires the services of the employee.

(3) The Minister shall have the power to make regulations specifying categories of daily paid works.

(4) It is an offence to employ any person as a daily paid worker in any employment which is permanent in nature.

46. (1) A contract of service in any employment with a foreigner who is to be employed in Zanzibar shall:

(2) The contract referred to in subsection (1) of this section shall not be valid unless it has been presented for attestation to the Labour Officer.

(3) No contract of service with a foreigner shall be valid without the attestation of the Labour Officer.

(4) The employer and employee shall be bound to the terms and conditions of such contract.

47. (1) The contract of service with a foreigner shall be terminated in the following instances:-

48. (1) Every employer shall keep a register of employees, remuneration book, Inspection report book and employee's personal file and such other documents as may be prescribed and retain those documents for a period of three years from the date the contract of service expires.

(2) Every employer shall:-

(3) The employer shall, on request:-

49. (1) An employer shall give to the employee labour cards of the following particulars of employment:-

(2) The payment of wages shall be made in the following procedures:-

50. An employer shall produce to the Labour Officer or Inspector records in respect of employees in contract not required to be in writing

51. An oral contract of service shall only be terminated in the following instances :-

52. One or more employers or employer's Association may make arrangement with one or more trade unions relating to any of the following:-

(2) Any Collective Agreement shall not in any way contravene the provisions of this Act.

(3) The rates which shall be stipulated in Collective Agreement shall not be less than such rates stipulated in the contract of service entered into between the employer and employee or rates prescribed by this Act.

(4) No Collective Agreement shall be operative or binding on the parties thereto unless it is registered by the Industrial Court.

(5) A registered Collective Agreement shall be binding on the parties thereto.

(6) All employees who are privy to the Collective Agreement shall be officially notified by their employers for the same.

(7) Where any Collective Agreement is readied between the trade unions and employer's Association, the parties thereto shall supervise the performance of the same.

(8) No Collective Agreement shall be used for any other purposes other than those so agreed by the parties thereto.

53. (1) One or more employers or employer's Association or trade union may prepare a draft proposal of a collective Agreement intended to be used by employees of an establishment and submit copies of the same to the employer's Association, trade union and Labour Officer who upon receiving them shall make a finding as to whether the said Proposal does not contravene the provisions of this Act.

(2) Upon receiving a copy the said proposal, the Labour Officer shall, within thirty days from the date of receiving it hold a meeting with the employer or Employers Association and the representative of the employees and shall thereupon consider the received proposal. The Labour Officer shall participate in the discussion as a witness.

(3) If an agreement is reached between the parties as to the terms and conditions of the proposed collective Agreement, they shall, in the presence of four witnesses, Labour Officer inclusive, and one from the employer, one from the employee and one from the trade union, sign the collective Agreement.

(4) Upon being signed the collective Agreement shall be submitted to the Commissioner who shall consider and submit the same to the Industrial Court for registration in accordance with the provisions of this Act.

54. (1) If the registered collective Agreement contravenes the provisions of sections 52 and 53 of this Act any party thereof shall be entitled to file a suit before the Industrial Court.

(2) The Industrial Court shall have jurisdiction to hear and determine any suit referred to it under the provision of this Act.

55. (1) Any employee in a contract required to be in writing shall be on a probation period for a period not exceeding six months from the date he was so employed.

(2) The probation period shall be regarded as any other normal working days.

(3) The employer shall in writing confirm such employee soon after or before the expiry of the probation period if satisfied by his competence or may terminate his contract of service if such employee is incompetent to carry out his duties under the contract of service; provided that if probation period expires without any confirmation being made it shall be deemed that the employee has been so confirmed.

(4) Such employee shall abide by all labour laws and regulations and disciplinary penalty may be imposed on him in accordance with the provisions of this Act for any disciplinary act which shall have been committed by such employee.

(5) Such employee shall properly carry out his duties under the contract of service.

(6) On the commencement of a probation period an employer shall provide such employee with a job description.

56. (1) An employer may terminate a contract of service of an employee under a probation period in the following instances.

(a) when an employee commits a major disciplinary offence and the employee has exhausted all disciplinary measures provided for under this Act;

(b) If an employee is not competent to carry out his duties under the contract of service provided that such termination shall be in accordance with the Schedule to this Act and provided further that the employee is given one month for improving himself.

(2) A contract of service of any employee who commits major disciplinary offence shall be terminated in accordance with the provisions of this Act and such employee shall not be entitled to receive any contractual benefit whatsoever.

(3) In the event a contract of service is terminated due to the employee's lack of competence the employer shall:-

(4) The following shall not constitute good cause for terminating a contract of service of an employee in a probation period:-

57. (1) Any employer who contravenes the provisions of section 39 and 40 of this Act shall be guilty of an offence and shall be liable upon conviction to a fine of not less than the sum equivalent to five hundred United States Dollars -

(2) An employer who contravenes the provisions of section 42 of this Act shall be guilty of an offence and shall be liable on conviction to pay such employee the sum equal to six months earnings.

(3) The property and assets of any employer who defaults to pay compensation imposed against him under sub-section (2) of this section shall be attached and sold to recover the sum equivalent to the compensation so imposed.

(4) An employee who intends to terminate his contract of service shall give three months notice in writing to his employer or pay to the employer his one month salary. If he fails to do so he shall be guilty of an offence and shall be liable upon conviction to a fine of not less than the sum equivalent to four hundred United States Dollars.

(5) Any person who contravenes the provisions of sub-section (5) of section 45 of this Act shall be guilty of an offence and shall be liable upon conviction to pay a fine of not less than the sum equivalent to four hundred United States Dollars.

(6) Any person who contravenes the provisions of sub-section (4) of section 46 of this Act shall be guilty of an offence and shall be liable upon conviction to a fine of not less than the sum equivalent to six hundred United States Dollars.

(7) Any person who employs a foreigner under a contract of service not attested by the Labour Officer shall be guilty of an offence and shall be liable upon conviction to a fine not less than the sum equivalent to eight hundred United States Dollars.

(8) Any person who contravenes the provisions of sections 53 and 56 of this Act shall be guilty of an offence and shall be liable upon conviction to a fine of not less than the sum equivalent to eight hundred United States Dollars.

(9) Any employer who employs any person in any employment to which the contract of service is required to be in writing and without such contract, shall be guilty of an offence and shall be liable upon conviction to a fine of the sum equivalent to one thousands United States Dollars.

(10) Any person who employs any other person to do any work pursuant to a contract of service entered into by such person before such person has been certified by medical examination to be physically fit to do such work as required by sub-section (1) of section 38 of this Act shall be guilty of an offence and shall be liable upon conviction to a fine not less than the sum equivalent to five hundred United States Dollars.

(11) The property or assets of any employer who, defaults to pay fine imposed on him under this section shall be attached and sold to recover the sum equivalent to the fine so imposed.

 

PART V - RIGHTS, AND DUTIES IN EMPLOYMENT

58. (1) An employee in a contract required to be in writing shall be entitled to receive wages from his employer for a period not exceeding one calendar month.

(2) No part of the remuneration earned by or payable to the employee shall be deducted by the employer without good cause.

(3) The following deductions from the remuneration due to an employee are allowed notwithstanding the provisions of sub-section (2) of this section:-

59. (1) The Minister may by regulation provide for the payment of minimum wages and rates of such other wages in respect of employment in particular places or otherwise as he deems fit when he is satisfied that the existing wages in such places are very low;

Provided that an employer shall be entitled to pay his employees wages exceeding the prescribed rates.

(2) The Minister shall by order published in the Gazette prescribe the rates referred to in subsection (1) of this section.

(3) The following procedure shall be observed in preparing the minimum wages and rates of such other wages:-

(4) The employees concerned shall be entitled to receive their prescribed wages from the date such rate of wages shall be prescribed by the Minister in the Gazette.

60. Every employer shall, at his own expense provide for his employee's medical facilities in the following instances:-

61. (1) Every employer shall at his own expense provide his employees under oral contract or contract required to be in writing with means of transport to and from the place of employment.

(2) Such transport may be provided in the manner agreed by the parties provided that the standard of services shall not be less than the standard prescribed by the Minister in the regulations.

(3) Notwithstanding the provisions of subsection (1) and (2) of this section, every employer shall provide his employees who are employed in shift work between 9.00 pm and 5.00 am with transport to and from the place of employment.

(4) The Minister may by regulations prescribe a number of trips to and from the place of work.

62. (1) There shall be imputed into every contract of service whether in writing or evidenced by a labour card or oral, an obligation on the part of employer to cause the employee to be properly housed if the place of employment is at such a distance from the employees's home as to render it impossible for him to conveniently return , to his home upon the conclusion of a day's work.

(2) Accommodation standard for different categories of employees shall be specified in the contract of service.

(3) An employer may provide his employee whose place of abode is not very far from place of employment, with accommodation; provided that such intention shall be provided for under the contract of service.

(4) The employer may pay meal allowance to any employee referred to in subsection (5) of this section.

(5) Any person who is employed to work in hotel, restaurant and such like place shall be entitled to be provided with meals at the expense of his employer.

(6) The collective Agreement shall provide for the standard of meals referred to in subsection (5) of this section.

(7) The employer shall provide uniforms, special protective clothes and other protective equipments to categories of employees as it shall be specified in the regulations.

(8) The clothes and protective equipments referred to in subsection (7) of this section shall be the property of the employer who at his own expense shall be responsible for the safety and cleanliness of the same and the employees who use them.

(9) The employer shall make sure that his employees when performing their duties use the clothes and equipments referred to in subsection (7) of this section.

63. (1) In all establishments the normal working hours shall not exceed eight hours per day and forty two hours per week.

(2) An employer and employee may by contract agree on their own normal working hours provided that such period shall not exceed ten hours per day or forty eight hours per week.

(3) When persons are employed in shifts it shall be permissible to employ persons in excess or eight hours in any one day and forty two hours in any one week provided that the average of that period shall not exceed ten hours in any one day or forty eight hours in any one week.

(4) In any establishment where the normal working hours are at least eight hours or more per day, a one hour break shall be granted each day to the employees provided that this provision shall not apply to the employees in particular services to be specified by the regulations.

(5) The employer shall grant a one hour break to his employees referred to in subsection (4) of this section.

64. (1) If there is no written Agreement between the employer and the employee as to the number of over time hours which may be worked, hours worked in excess of forty two hours in any one week shall be regarded as overtime hours for the purpose of this part.

(2) The number of overtime hours which may be worked shall not exceed the limitations established by subsections (1) and (2) of section 63 of this Act.

(3) Where overtime hours are worked, the employee shall be entitled to an overtime pay in the following manner:-

65. (1) The Minister may by regulation make provisions for the maximum number of working hours and rest days in respect of employment in particular occupations provided that such maximum number shall not exceed the limitation established by sub-sections (1) and (2) of section 53 of this Act.

(2) The Minister may by regulation make provision for the payment of overtime rates of pay in particular occupations.

66. (1) An employee shall not be required to work for his employer for more than six consecutive days without a day's rest.

(2) The employer shall give his employee a day's rest which for the purposes of this section shall mean a period of rest comprising at least twenty four consecutive hours.

(3) The Minister may by regulation exclude persons holding high managerial positions from the operation of sub-sections (1) and (2) of this section -

(4) The Commissioner may grant temporary exemption from the provisions of this section in order to prevent the loss of perishable goods.

(5) Every employer shall keep a register for the purpose of recording his employee's resting days and shall produce it to the Labour Officer or Inspector if required.

67. (1) An employee shall be entitled to a day's holiday with full pay at the expense of the employer on every public holiday during his employment.

(2) The Minister shall by order published in the Gazette specify the days which shall be considered as public holidays for the purpose of this section.

68. (1) Every employee shall, once in every calendar year, be entitled to a leave with full pay at the expense of his employer, at the rate of seven days in respect of each period of full four months of service, to be taken at such time during such calendar year as may be agreed between the parties provided that an employee who is under probation period shall not be entitled to annual leave.

(2) The employee who is on his annual leave shall be entitled to travel to any place of his choice provided that he gives address to his employer of the place where he intends to travel to.

(3) An employer and employee may by contract agree in the presence of a representative of a particular trade union to forego the employee's annual leave for compensation on the part of the employee of the sum equivalent to one months salary payable to such employee; Provided that no more than one annual leave shall be forgone within three years in respect of the same employee.

(4) An employer may, when he deems necessary, delay annual leave of his employee provided that such delay shall not exceed two years.

(5) An employer shall in writing notify his employee the reasons for such delay.

(6) An employee whose annual leave has been delayed shall be granted his annual leave for the whole period of such delay.

(7) An annual leave which has been delayed shall not be forgone for compensation.

(8) An employee who is on his annual leave shall be entitled to a full pay.

69. (1) An employer shall once in every three years provide his employee and his family of two children below the age of eighteen years the sum of money equivalent to the transport fares for the return tickets within Tanzania.

(2) An employer shall provide such service by using reliable means of transport for the safety of the employee and his family.

(3) A collective Agreement may provide for the payment of transport fare referred to in subsection (1) of this section.

(4) The employer may provide his employee with transport fare for the return tickets out of Tanzania provided that such intention shall be provided for in a particular agreement between the employer and employee.

(5) No transport fare referred to in sub-sections (1) to (4) of this section shall be granted to any employee who is not travelling.

70. Notwithstanding the provisions of section 68 of this Act, every employer shall be entitled to a temporary emergency leave with full pay in the following instances:-

71. (1) If a doctor certifies that an employee has contracted a permanent disease arising out and in the course of employment or otherwise and is incapable of work because of such disease the employer shall grant such employee a sick leave.

(2) An employee who has contracted disease not arising out of, nor in the course of employment, shall be entitled to a sick leave as follows:-

(a) a temporary leave on full pay for a period not exceeding sixty days;

(b) if a doctor certifies that the employee is still incapable for work, after the expiration of the first sixty days, the employer shall grant the employee another sick leave for a period not exceeding ninety days other than the first sixty days provided that the employee shall be paid half of his wages ;

(c) if the period referred to in paragraphs (a) and (b) of sub-section (2) of this section elapses and the doctor certifies that the sick employee is still incapable of work the employer may grant the said employee a leave without pay for a period not exceeding sixty days;

(d) if leave without pay referred to in sub-section (2) (c) expires and a doctor certifies that the sick employee is still incapable of work, the employer may cause the employee's retirement from office.

(3) The employer may in consultation with the leadership of the trade Union's branch at the place of work decide on the matter referred to in sub-section (2)(b), (c) and (d) of this section.

(4) If a doctor certifies that an employee has contracted disease following personal injury arising out of and in the course of employment the employer shall grant such employee a sick leave as follows:-

(5) In consultation with the leadership of the trade union's branch of the place of work the employer may decide on matters referred to in sub-section 4 (b), (c) and (d) of this section.

(6) An employer and the trade union concerned in the collective Agreement may agree on some other privileges of sick leave.

72. (1) An employer may grant his employee leave without pay for a period not exceeding three months on the following conditions:-

(2) When an enterprise ceases to operate following shortage or raw materials, low season in respect of hotel or any other reason thereof the employer may with permission from the Commissioner grant one or more employees leave without pay for a period not exceeding six months.

(3) Upon being satisfied that retaining the employees may affect the income of the employees or the employer or endanger the safety of the employees, the Commissioner may approve the leave without pay referred to in subsection (2) of this section.

(4) The Commissioner shall have the power to refuse approval of such leave if he is not satisfied by any reason referred to in sub-section (2) of this section.

(5) The employer may appeal to the Minister against the decision of the Commissioner made under sub-section (4) of this section and the decision of the Minister shall be final.

(6) Upon approval being given to a leave without pay the employer shall in writing give notice to his employee on such approval, the duration and the reasons thereof.

(7) The period under which an employee was on leave without pay shall not be calculated when computing the employer's contractual terminal benefits.

(8) Every employer shall observe the following procedures in granting leave without pay in accordance with subsection (2) of this section:-

(9) Where harm or damage results from the force majeure, the employer shall do the following:

(10) Upon receiving such notice the Commissioner shall observe the following procedure:-

(11) The leave without pay granted in accordance with subsection (9) (a) of this section shall include such leave granted by the Commissioner.

73. (1) When leave without pay granted in accordance with sub-sections (2) and (9) of section 72 ceases the employer shall:

(2) No employer shall be entitled to exercise powers conferred on him under sub-section (1) of this section unless a notice in writing stating his intention thereof has been submitted to the Commissioner one month before the expiry of such leave without pay.

(3) In the event the employer fails give notice referred to in sub-section (2) this section, the contract of service of such employees shall terminate. Consequently the employer shall pay to such employees the contractual benefits in accordance with the provisions of this Act.

74. (1) In the case of any employee in contract dying during the period of his employment and a doctor certifies writing that the death was occasioned reasons arising out of or in the course of deceased employment, his employer shall:-

(2) In the case of an employee in a contract required to be in writing dying during the period of his employment but the deceased death is not occasioned by any reason arising out of or in the course of, his employment, the employer shall:-

(3) Subject to the provisions of sub-sections (1) and (2) of this section, an employer and a particular trade union branch leadership shall have the power to make provisions in collective Agreement for the rates or any other payment in relation to the employee's death.

75. (1) An employee who is required by his employer to travel within or out of Unguja, Pemba or Tanzania shall so travel at the expense of the employer.

(2) The expenses referred to in sub-section (1) of this section shall include travelling fare for the return journey, meals and accommodation expenses.

(3) Rates of expenses referred to in sub-section (1) and (2) of this section shall be a matter for agreement between the employer and employee.

(4) The employer shall provide his employee who is travelling abroad with outfit allowance.

76. (1) Where a contract is terminated by the expiry of the term for which it was made, an employee shall be entitled to receive from the employer a certificate of service of the following particulars of employment:-

(2) The certificate of service issued under sub-section (1) of this section shall be written in English or Kiswahili and shall be signed and sealed by the employer.

77. (1) Every employee who is a party to a contract required to be in writing and who has been brought to the place of employment by the employer from out of Unguja or Pemba shall have the right to be repatriated at the expense of the employer to his place of first appointment in the following cases:-

(2) Where the family of the employee has been brought to the place of employment by the employer, the family shall be repatriated at the expense of the employer whenever the employee is repatriated or in the event of his death.

(3) The expenses of repatriation referred to in sub-sections (1) and (2) of this section shall include:-

(4) The employer shall not be liable for subsistence expenses or rations in respect of any period during which the repatriation of the employee has been delayed by the employee's own choice.

78. (1) The Commissioner may exempt the employer from liability for repatriation expenses in the following cases:-

79. (1) An employer who fails to provide employee with such clothes or equipment referred to in sub-section (5) of section of this Act shall be guilty of an offence and shall be liable upon conviction to a fine not less than the equivalent amount of two hundred United States Dollars.

(2) An employee who fails to provide the Labour Officer or Inspector with registers referred to in sub-section (5) of section 66 of this Act shall be guilty of an offence and shall be liable upon conviction to a fine not less than the equivalent amount of four hundred United States Dollars.

(3) An employer who pays the wages below the rates prescribed by the Minister, shall be guilty of an offence and shall be liable upon conviction to a fine of not less than equivalent amount of four hundred United States Dollars.

(4) An employee who fails to repatriate his employee in accordance with the provisions of section 77 of this Act, shall be guilty of an offence and shall be liable upon conviction to a fine of not less than the equivalent amount of seven hundred United States Dollars.

(5) An employee who contravenes the provisions of section 71 of this Act, shall be guilty of an offence and shall be liable upon conviction to a fine of not less than the equivalent amount of one thousand United States Dollars.

(6) The property or assets of any employer who defaults to pay fine imposed on him under this section shall be attached and sold to recover the sum equivalent to the fine imposed.

 

PART VI - DISCIPLINARY MEASURES AND PENALTIES

80. (1) Any employer shall be entitled to impose a disciplinary penalty on any employee for negligence or failure to carry out his duties under the contract of service; Provided that the employer is not allowed to dismiss him.

(2) Disciplinary penalties which an employer is entitled to impose on any employee who breaches the conditions of employment shall be as follows:-

(3) An employer shall be entitled to impose a disciplinary penalty only when it is reasonable for him to do so in the particular circumstances, and the question of what is reasonable shall be decided by considering:-

81. (1) Every employer is required to make disciplinary rules which shall govern the conditions of employment at the place of work, which may differ from one place to another depending on the size and the nature of that institution.

(2) The said rules shall be written in a simple language which all employees, their associations or representatives may easily understand.

(3) The rules shall not show any kind of discrimination and shall apply to all employees without regard to tribe nationality, color, gender, marriage status, religious or political inclination.

(4) Any employee who contravenes any disciplinary rule, may be given oral warning, by the employer and if he fails to comply with, other disciplinary penalties shall be taken in accordance with procedures set out in the Schedule to this Act .

(5) An employer is required to produce many copies of the rules and be available to employees and their associations at all hours at their place of work.

(6) The disciplinary rules shall specify the following matters:-

82. (1) The employer may suspend an employee who has breached any of the disciplinary rules without pay for a period not exceeding two weeks.

(2) The employer may suspend an employee for the purpose of conducting an inquiry into the offence or offences committed and the employer shall prove his intention to dismiss him.

(3) Where an employer decides to suspend his employee, he is required to give him a written notice on the offence or offences committed and the action taken and shall give him seven days to defend himself.

(4) An employer is required to consult trade union branch leadership at the place of work within seven days from first date of suspension.

(5) Within the seven days from the date of suspension the trade union branch leadership at the place of work may meet or write to the employer in order to explain its stand on the suspended employee.

(6) Within fourteen days of suspension, the employer is required to prove the offence or offences, consider the opinion of trade union branch leadership, and to decide whether to continue with his service or to dismiss him.

83 . (1) An employee who commits an offence or suspected to commit a disciplinary offence shall be notified in writing about his offence and the disciplinary penalty which shall be taken.

(2) An employee shall be given seven days to defend himself before his employer.

(3) If within the period of seven days, the employee fails to give explanation or his explanation was unsatisfactory to the employer, the employer may impose disciplinary penalties in accordance with the Schedule to this Act.

(4) An employer shall be required to inform the trade union branch leadership at the place of work on the offence and disciplinary action taken against the employee.

(5) If the employee is not satisfied with the disciplinary action imposed on him by the employer, the employee may, within a period of fourteen days of imposition of the penalty, make a written complaint to the Commissioner.

(6) After receiving the complaint made by the employee, the Labour officer shall investigate such complaint and shall communicate with the employer concerned, employee concerned and the leadership of the trade union branch at the place of work.

(7) The Labour Officer shall have the powers to set aside or amend the said penalty depending on the weight and circumstances of such offence.

(8) The Labour Officer shall communicate in writing with the employer and employee on his decision, and the employer shall be bound by it.

84. (1) Subject to the provisions of this Act, a dismissal may be made in the following circumstances:-

(2) Any employee who has been dismissed shall not be entitled to any terminal benefit or gratuity.

85. (1) No employer shall have the right to dismiss any employee without proving the reasons for such dismissal, as prescribed in this Act -

(2) When the employer is intending to dismiss his employee for offence or offences committed, or for further committal of disciplinary offence, he shall observe the following procedure:-

86. (1) The employee who commits or suspected to have committed a criminal offence outside the place or work, may be dealt with in the following manner:-

87. (1) The employee who is suspected to steal the property of his employer or his colleague or a customer, may be dealt with in the following manner:-

(2) In case in his statement, the employee admits that he has stolen or the employer has reasonable proof of it he may take action to dismiss him and to inform him about such proof; and a copy to the Labour Officer and leadership of trade union branch at the place of work.

(3) In case the employee did not admit or the employer has no proof of that theft, he may initiate criminal proceedings and the employee shall be suspended for a period not exceeding three months from the date of such occurrence, and the employer is obliged to pay him half salary.

(4) When, within the period of three months, the court convicted such employee, the employer shall have the right to dismiss him and shall not be entitled to any benefits and half salary.

(5) When the suspected employee is acquitted, the employer shall do one of the following:-

(6) If three months expire, and the criminal proceedings are not completed, the employer shall pay him half salary, and from that date the said employee shall be considered on a leave without pay.

(7) Where, after the three months period, the employee has been convicted, he shall be dismissed forthwith.

(8) Where, within the period after three months, the employee is acquitted, the employer shall pay back the half salary of three months and thereafter shall decide in accordance with the provision of subsection (5) of this section.

88. An employee who commits criminal offences, other than theft, shall be liable to the penalties as set out in the Schedule to this Act.

89. An employer who is intending to take any disciplinary action against the employee who is an officer of trade union branch shall first be entitled to communicate in writing with the Labour Officer.

90. (1) Where an employee complains of unjustified dismissal, may, within three months of the date of dismissal, present a written complaint to the Commissioner in Unguja or Labour Officer in charge in Pemba.

(2) The Commissioner or Labour Officer in charge in Pemba, as the case may be, shall present such complaint, within one month after receiving of such complaint, to a Conciliation Board.

(3) The Conciliation Board, within one month of receiving such complaint, shall decide on the same, and shall inform the Commissioner or Labour Officer in charge in Pemba about the criteria used and the consensus reached.

(4) The Commissioner or Labour Officer in charge in Pemba shall communicate with the employer and the employee concerned on the decision of the Conciliation Board.

(5) The employer or employee (complainant) or their representatives, or their witnesses but not their advocates, may be summoned to give their evidence before the Conciliation Board.

(6) The decision of the Conciliation Board shall be a decree and shall be binding to all parties and shall be executed within three months of the date when such decree is issued.

(7) Where the Conciliation Board decides that the dismissal of the employee was unreasonable, may make order for:-

(8) The Conciliation Board shall give its decision within the period of three months from the date of receiving the complaint.

(9) Where, the Conciliation Board fails to give its decision, the Commissioner shall present the complaint to the Industrial Court.

91. (1) A party to the contract of service which believes that there is an infringement of this Act or any other labour law, may present his written complaint to the Commissioner.

(2) The Commissioner shall appoint a Labour Officer to deal with it, where his decision shall be a "decree" which shall be binding to the party concerned.

(3) Where, the Labour Officer fails to resolve the dispute, he shall inform the Commissioner who shall present to the Conciliation Board to be dealt with; the decision of the Conciliation Board shall be a decree which shall be binding to the party concerned.

(4) Where the Conciliation Board fails to resolve the dispute, it shall inform the Commissioner who shall forward the same to the Industrial Court.

(5) Where, any party is not satisfied with the decision of the Conciliation Board, may appeal to the Industrial Court.

92. Where the Commissioner receives a complaint from any party to the contract of service as mentioned in section 91 of this Act, he may decide whether to follow the procedure mentioned in section 91 of this Act or to forward the same to the Industrial Court.

93. (1) Any employer who imposes disciplinary penalty on his employee without a reasonable cause, may be charged, for an offence and shall be liable on conviction to a fine of not less than five hundred United States Dollars.

(2) Any employer who shall dismiss his employee contrary to the provisions of this Act, shall be guilty of an offence and shall be liable upon conviction to a fine of not less than seven hundred United States Dollars.

(3) The property and assets of the employer who defaults fine imposed under this section shall be attached and sold to recover the amount so imposed.

 

PART VII - RETIREMENT, TERMINATION OF SERVICE DISMISSAL AND TERMINAL BENEFITS

94. (1) The employee in permanent terms of service upon becoming due for retirement the following procedure shall be followed:-

(2) The employee contracted under permanent terms of service may be terminated before retirement under any of the following circumstances:-

(3) The employee contracted under written agreement whose service is terminated for any reason other than illness the following procedure shall be followed:-

(4) The employee under permanent terms of service upon attaining the retirement age, or employee under fixed term of service upon expiry of the fixed term, shall be retired and paid all terminal benefits.

(5) Where upon retirement, the employer still requires the service of the said retired worker the employer shall employ him under fixed term of service in accordance with the provisions of this Act.

95. (1) employee under written contract of service shall, upon having the intention of voluntarily terminating his service before retirement or before the expiry of the term fixed in the contract, except the employee terminating service on medical grounds as provided under this Act, follow the following procedure:-

(2) The employee who terminates his service in accordance with subsection (1) of this section shall not be entitled to gratuity but shall be entitled to such proportion of his contribution to the provident fund.

(3) The employer shall furnish information and records relating to the contribution of the said employee to the provident fund.

96. The employee who is found guilty of gross misconduct or of serious criminal offence before expiry of the term fixed in his contract of employment may be dismissed and shall, upon such dismissal, not be entitled to any terminal benefits except such proportion of his contribution to the provident fund.

97 . (1) Any employee retired after his term of service or after attaining retiring age shall be entitled to the following terminal benefits:-

(2) The employee who is retired from service on medical grounds shall be entitled to terminal benefits in the manner provided under subsection (1) of this section.

(3) The employee retired on account of injury sustained in the course of employment shall be entitled to terminal benefits in accordance with subsection (1) of this section and in addition thereof he shall be entitled to due compensation payable under Workmen's Compensation Act, 1986.

(4) Terminal benefits to the employee who dies before the expiry of his term of service shall be made in accordance with the provisions of this Act and shall be paid to his estate.

(5) Terminal benefits to the deceased employee who died in the course of his employment shall be made in accordance with the provisions of this Act and shall in addition thereof be paid due compensation under Workmen's Compensation Act, 1986 and shall be paid to his estate.

(6) The employee who is terminated from service before expiry of the term fixed in the contract on account of his refusal to be transferred from one employer to another shall be entitled to terminal benefits under the provisions of this Act.

98. The employer is prohibited from retiring, terminating or dismissing the employee contrary to the provisions of this Act and in particular it is prohibited to terminate employee for the following grounds:-

99. (1) The employer shall not terminate contract of employment of any employee on grounds of redundancy without complying with the provisions of this Act.

(2) The employer may be allowed to declare redundancy upon proof of the following:-

(3) Where the employer intends to declare redundancy the following procedure shall be followed:-

(4) The Labour Officer may be invited at the discussion conducted between the employer and the trade union branch leadership to witness the proceedings and decision made after such discussion.

(5) Upon the expiry of two months from the date the employer submitted his report to the Commissioner without any reply the employer shall have the right to terminate redundant employees.

(6) The employee who is terminated on grounds of redundancy shall be entitled to the following benefits:-

(7) The Minister may refuse to approve redundancy if he is not satisfied with the grounds of the exercise and may give the following directives:-

(8) The Minister may, before making any decision, call for further discussion with the employer or his representative and representative of the trade union branch.

(9) The decision of the Minister shall be final.

100. The following categories of employees shall under no circumstances be involved in any redundancy exercise:-

101. (1) Any employer who contravenes the procedure provided under this part shall be guilty of an offence, and shall upon conviction be liable to a fine of not less than the sum equivalent to two thousand United States Dollars.

(2) The property and assets of the employer who defaults fine imposed under this section shall be attached and sold to recover the amount imposed as fine.

 

PART VIII - -LABOUR ADVISORY BOARD AND CONCILIATION BOARDS

102. (1) There shall be established a Labour Advisory Board (hereinafter referred to as the Board).

(2) The Board shall consist of not more than ten and not less than six members who shall be appointed from among public officers and representatives of employers and employees.

(3) The chairman and other members of the Board shall be appointed by the Minister on such terms, conditions and qualifications as he may deem fit.

(4) Appointment of the Chairman and members shall be published in the Gazette.

(5) The Board shall meet twice a year and may conduct not more than two additional extraordinary meetings a year as the Chairman may deem necessary .

(6) The quorum of the Board shall be half of the members and in the absence of the Chairman the Board shall appoint one member to be a temporary Chairman to preside such meeting.

(7) The Labour Commission shall be the secretariat of the Board for the purpose of organization, preparation of agenda and keeping records of the Board proceedings.

(8) The Minister may make regulations for better carrying out of the duties of the Board.

103. (1) The Board shall consider and advise the Minister upon any matter under this Act or any other labour law and upon such other matters affecting employment.

(2) The Board shall advise the Minister on minimum wage scale and other salary scales in private sector.

(3) The Board shall exercise any other functions as directed under any regulation made by the Minister.

(4) The Board may formulate its own procedure for its proceedings and exercise of functions.

104. (1) There are hereby established not more than five Conciliation Boards for Unguja and Pemba.

(2) The Minister shall, by notice in the Gazette declare the areas in respect of which such Conciliation Boards shall exercise their functions.

105. (1) There shall be a permanent chairman of each Conciliation Board appointed by the Commissioner from among Labour Officers.

(2) There shall be two other members whose tenure shall expire upon completing settlement of a dispute for which the said Conciliation Board was constituted who shall be appointed by the chairman in the following manner from time to time:-

(3) In the hearing and deciding of a complaint, the Conciliation Board shall comprise of a Chairman and two other members he has so appointed.

(4) The proceedings of the Conciliation Board may continue and give its decision notwithstanding that one of its members, who is not the Chairman, is absent.

(5) In appointing members the Chairman shall have regard to appointing persons who do not have any direct or indirect interest in the complaint or dispute.

106. (1) The Chairman of a Conciliation Board to which a complaint or dispute is made shall:-

(2) The Parties to a complaint or dispute or their representatives shall have the right to be present and to be heard at the hearing and to submit evidence and memoranda and to be present at the time of delivery of a decision by the Conciliation Board;

Provided that no advocate may appear or act for any party before the Conciliation Board.

107. (1) The Conciliation Board shall, for the purpose of reaching a decision on any matter before it, be entitled to elicit all such information as it considers necessary for the purpose of exercise of its functions, without being bound by any Rules of Evidence.

(2) The Conciliation Board shall have the following powers:-

(3) The Conciliation Board may by order require any person:-

108. (1) A decision of the Conciliation Board may be taken by a majority thereof and, if only two members are present the Chairman shall have deliberative vote.

(2) The decision of the Conciliation Board shall be supported by reasons.

(3) The decision of the Conciliation Board shall be notified in writing to both parties within fourteen days of the delivery of the decision.

(4) The notification of decision referred to in subsection (3) of this section shall indicate that the parties have the right to file an appeal to the Industrial Court if not satisfied with the decision of the Conciliation Board.

(5) The Conciliation Board shall keep a proper record, in writing, of the proceedings and decisions in all matters before it and if so required a copy of the proceedings shall be supplied to the Industrial Court.

109. (1) Any party aggrieved by the decision of the Conciliation Board may, within one month from the date of being notified of the decision, (of the Conciliation Board) appeal to the Industrial Court.

(2) The Minister may make regulations providing for the procedure of filing appeals to the Industrial Court.

(3) The Industrial Court shall have power to hear appeals filed before it in accordance with this Act.

(4) In any appeal under this section, the parties may be represented by advocates or other representatives of their choice.

110. (1) Any employer or any person who fails to comply with the order of the Conciliation Board shall be guilty of an offence and shall, upon conviction, be liable to a fine of not less than the sum equivalent to five hundred United States Dollars.

(2) The property or assets of any person who defaults to pay fine imposed against him under this section shall have his property attached and sold to recover the amount so imposed as fine.

 

PART IX - CONDITIONS OF EMPLOYMENT FOR SPECIAL CATEGORIES OF EMPLOYEES

111. (1) The employer shall give equal opportunities and treatment to female and male employees.

(2) No female employee shall be discriminated by reason of her sex.

(3) No female employee shall be dismissed or terminated from service on grounds of or pertaining to pregnancy or child birth.

(4) A female employee shall, if she is nursing her child, be allowed paid time off work, not exceeding one hour a day during her working hours, for this purpose.

(5) The employer may consider means or relieving work load from a pregnant female employee or from a female employee nursing a child when the said employer makes the following arrangements:-

(6) When a female employee is employed or assigned to carry or lift heavy loads the employer shall ensure that the weight carried or lifted by a female employee shall not exceed half of the weight carried or lifted by a male employee.

(7) It is prohibited to employ or assign female employee to work in any area using poisonous chemicals which affects her fertility or pregnancy and a female employee shall not be exposed to benzene and ionizing radiations.

(8) The Minister may make regulations to declare other hazardous or hardship areas for the purpose of non employment of female employees .

112. (1) It shall be unlawful to employ, engage or assign any female employee at night in any industrial undertaking except chose permitted under section 113 of this Act.

(2) Notwithstanding the provisions of sub-section (1) of this section a female employee may be employed in an industrial undertaking not being a mine at night in the following circumstances:-

113. The following categories of female employee may be employed, engaged in or assigned night work:-

114. (1) The employer who employs a female employee shall, in addition to the conditions prescribed under sections 111, 112 and 113, of this Act observe the following requirements:-

(2) The employer may assign a female employee to any of the duties prohibited under section 111 of this Act upon being approved by health and safety officer that the said duty is not dangerous to the safety and health of the said female employee.

115. (1) A pregnant female employee shall upon delivery be entitled to a three months paid maternity leave which shall not be the annual paid leave prescribed under section 68(1) of this Act.

(2) Maternity leave shall commence from the date of delivery; but may on the discretion of the employee or as may be agreed between the employer and employee commence one month before the date of expected delivery.

(3) A female employee shall be entitled to a maternity leave as provided under sub-section (1) of this section after every three years from the date of proceeding on maternity leave; but in the event of miscarriage or death of infant baby during maternity leave, the said leave may be terminated after six weeks from the date of delivery or miscarriage.

(4) In the event a female employee, whose maternity leave as provided under sub-section (1) of this section after every three years from the date of proceeding on maternity leave; but in the event miscarriage or death of infant baby during maternity leave, the said leave may be terminated after six weeks from the date of delivery or miscarriage.

(5) In the event a female employee, whose maternity leave is terminated by reason of death of an infant baby, delivers another baby before completing three years from the date she shall be entitled a leave in the following manner:-

[116. Restriction on employment of children.]

[117. Conditions of employment of young persons.]

118 . The Minister may make regulations to provide for further restrictions on employment of children and control of employment of young persons

119. The provisions or restriction of children and young persons shall not apply to students undergoing training in Government or other technical schools and vocational training centres registered in accordance with the Education Act who shall be under control of the Ministry of Education 120. (1) Persons with any kind of disabilities shall have equal right to be employed in any type of work depending on their standard of education, skill and ability and shall be employed on the same terms and enjoy the same rights and privileges under the contract.

(2) No employer shall deny a disabled person employment on grounds of his disability.

(3) No employer shall terminate a disabled person from employment before the expiry of his term of service on grounds of disability .

(4) The Minister may make regulations to provide for further conditions and procedure of employment of disabled persons.

121. (1) Any employer who contravenes the provisions of sections 111 to 115 of this Act shall be guilty of an offence and shall be liable upon conviction to compensate the aggrieved female employee the sum equivalent to not less than one thousand and five hundred United States Dollars.

(2) Any person who employs a child contrary to the provisions of sections 116, 118 and 119 of this Act shall be guilty of an offence and shall be liable upon conviction to a fine of not less than the sum equivalent to five hundred United States Dollars.

(3) A parent or guardian who assigns a child any duty or causes or assists a child to employed contrary to sections 116, 118 and 119 of this Act shall be guilty of an offence and shall upon conviction be liable to a fine of not less than ten thousand shillings.

(4) Any person who employs a young person contrary to sections 117, 118 and 119 of this Act shall be guilty of an offence and shall on conviction be liable to a fine of not less than the sum equivalent to four hundred United States Dollars.

(5) Any employer who contravenes conditions of employment of disabled persons as provided under section 120 of this Act shall be guilty of an offence and shall on conviction, be liable to a fine of not less than the sum equivalent to one thousand United States Dollars.

(6) The property or assets of any person who fails to pay the fine imposed on him under this section shall be attached and sold to recover the fine.

 

PART X - MISCELLANEOUS PROVISIONS

122. Unless otherwise provided in this Act, all correspondence relating to the execution of this Act shall be made in writing.

123. (1) Any employer or person who commits any offence or contravenes any provision under this Act for which no specific penalty is provided under any part of this Act. shall be liable upon conviction to a fine of not less than the sum equivalent to four hundred United States Dollars.

(2) The property and assets of any person who fails to pay the fine imposed on him under this section shall be attached and sold to recover the fine.

124. (1) The Labour Decree, Chapter 61, The Minimum Wages Decree, Chapter 64, The Employment of Children and Young Persons Decree, Chapter 56, Employment of Women (Restriction) Decree Chapter 62 are hereby repealed.

(2) All the rules and directions, made under the repealed laws which are in force in the effective date shall be deemed to be directions given or as the case may be, rules made under this Act by the relevant authority, and shall remain in force until revoked by regulations made under this Act.

(3) Any proceeding pending immediately before the commencement of this Act relating to any trade dispute shall be dealt with in accordance with the provisions of the repealed law.

(4) Any act lawfully done under the provisions of the repealed law shall be deemed to have been done under the provisions of this Act.

 

( Under Part VI )

A) Minor Offences

Nature of the offence First breach Second breach Third breach Fourth breach
(i) where the employee is late for work written warning severe reprimand fine not exceeding the sum equivalent to a quarter of one month salary dismissal
(ii) failure to perform his duty properly written warning severe reprimand fine not exceeding the sum equivalent to a quarter of one month salary dismissal
(iii) absent from duty without permission of the employer severe reprimand fine not-exceeding the sum equivalent to quarter of one month salary dismissal  
(iv) failure to wear uniform or safety gears provided by the employer severe reprimand fine not exceeding the sum equivalent to a quarter of one month salary dismissal  
(v) failure to observe code of conduct or guidelines of the place of work severe reprimand fine not exceeding a quarter of one month salary dismissal  

 

 

 

(B) MODERATE OFFENCES

Nature of the offence First breach Second Breach
(i) failure to comply with lawful order of the employer intended to improve efficiency fine not exceeding a quarter of one month salary dismissal
(ii) smoking on non-smoking zones at place of work fine not exceeding a quarter of one month salary dismissal
(iii) incapacity to perform his duty by reason of intoxication fine not exceeding a quarter of one month salary dismissal
(iv) fighting or quarrelling at place of work fine not exceeding a quarter of one month salary dismissal
(v) disclose or divulge any confidential information or documents without the authority of the employer except to officers authorised under this Act to obtain such information fine not exceeding a quarter of one month salary dismissal

 

(C) SERIOUS OFFENCES UNDER WHICH EMPLOYEE MAY BE DISMISSED ON FIRST BREACH

(i) Stealing employer's property;

(ii) wilful destruction of employer's property;

(iii) commits any act that endangers the safety of the employer, his fellow employees or the public in general;

(iv) being reckless or negligent so that injury or damage is occasioned to himself, to the employer, to fellow employee, to the public in general or to the property of the employer.

(v) fighting or cause breach of peace or disturbance at the place of work.

(vi) commits any act of gross insubordination to the employer, fellow employee or employees or the public in general.



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