Tanzania, United Republic of - Working time - 2011
LAST UPDATE
15 December 2011
SOURCES
Name of Act
Employment and Labour Relations Act 2004, Act 6 of 2004, dated 4 June 2004. Published by the Parliament of Tanzania at http://www.parliament.go.tz/Polis/PAMS/Docs/6-2004.pdf and accessed 14 December 2011.
Remarks: The working hour provisions of the Employment and Labour Relations Act do not apply to seafarers or to employees who manage other employees on behalf of the employer and who report directly to a senior management employee (being a person who makes policy on behalf of the employer and is authorised to conclude collective agreements on behalf of the employer) (§§9(6), 17(1) Employment and Labour Relations Act 2004).
Name of Act
Act to amend the Public Holidays Ordinance, Act No. 28 of 1966, dated 5 August 1966. Published by the Parliament of Tanzania at http://www.parliament.go.tz/Polis/PAMS/Docs/28-1966.pdf and accessed 15 December 2011.
Regulation of Wages and Terms of Employment Order 2010, Government Notice No. 172 published on 30 April 2010 in the Gazette of the United Replublic of Tanzania - Subsidiary Legislation Supplement No. 16.
Employee means an individual who: (a) has entered into a contract of employment; or (b) has entered into any other contract under which - (i) the individual undertakes to work personally for the other party to the contract; (ii) the other party is not a client or customer of any profession, business, or undertaking carried on by the individual.
Employment and Labour Relations Act 2004 §4
Overtime/overtime work
Overtime means work over and above ordinary hours of work.
Employment and Labour Relations Act 2004 §18(b)
Night work(er)
Night means the hours after twenty hours and before six hours.
Employment and Labour Relations Act 2004 §20(1)
Young worker
Child means a person under the age of 14 years, provided that for the employment in hazardous sectors, child means a person under the age of 18 years.
Employment and Labour Relations Act 2004 §4
NORMAL HOURS LIMITS
Daily hours limit
General limit
The maximum number of ordinary days or hours that an employee may be permitted or required to work are 9 hours in any day.
Employment and Labour Relations Act 2004 §19(2)
Historical data (year indicates year of data collection)
The daily hours limit does not apply to employees who manage other employees on behalf of the employer and who report directly to a senior management employee.
Further, a written agreement can require or permit an employee to work up to twelve hours in a day, inclusive of any meal interval, subject to a weekly limit of 5 days and 45 hours.
Employment and Labour Relations Act 2004 §§17(1), 21(1), 21(2)
Weekly hours limit
General limit
The maximum number of ordinary days or hours that an employee may be permitted or required to work are 45 hours in any week.
Employment and Labour Relations Act 2004 §19(2)(b)
Historical data (year indicates year of data collection)
The maximum number of ordinary days or hours that an employee may be permitted or required to work are six days in any week.
Employment and Labour Relations Act 2004 §19(2)(a)
Compressed workweeks
A written agreement may permit an employee to work up to 12 hours a day, without receiving overtime pay, provided that working time does not exceed 5 days and 45 hours and 10 hours overtime a week.
Employment and Labour Relations Act 2004 §21
Exceptions
The weekly hours limit does not apply to employees who manage other employees on behalf of the employer and who report directly to a senior management employee.
Further, a collective agreement can provide for the averaging of the general weekly working time limit over an agreed period not exceeding one year. However, it shall not require or permit an employee to work more than an average of 40 ordinary hours of work per week calculated over the agreed period.
Employment and Labour Relations Act 2004 §§17(1), 22
OVERTIME WORK
Criteria for overtime
General
An employer shall not require or permit an employee to work overtime except in accordance with an agreement or in case of an emergency.
Employment and Labour Relations Act 2004 §§17(2), 19(3)
Worker`s influence
Save as provided for by requirement for an agreement providing for overtime, no relevant provisions identified.
Limits on overtime hours
General limits
An employer shall not require or permit an employee to work more than 12 hours in any day or more than 50 overtime hours in any four week cycle.
However, where a written agreement has been entered into, the employee may be required or permitted to work those 12 hours without receiving overtime pay. In such circumstances, the employee will be subject to a limit of 10 hours overtime in a week.
Employment and Labour Relations Act 2004 §§19(1), 19(3), 19(4), 21(1), 21(2)
Historical data (year indicates year of data collection)
2009: No more than 50 overtime hours in any four week period. An employer shall not require or permit an employee to work more than 12 hours in any day. (Mainland Tanzania)
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, including overtime.
2007: No more than 50 overtime hours in any four week period.
1995: No legal provision.
Restrictions/exceptions
The overtime limit does not apply : (a) to employees who manage other employees on behalf of the employer and who report directly to a senior management employee; or (b) to work in an emergency which cannot be performed by employees during their ordinary hours of work; (c) where an applicable collective agreement provides for the averaging of the overtime hours of work over an agreed period not exceeding one year, subject to a limit of ten overtime hours per week on average (when calculated over the agreed period).
Employment and Labour Relations Act 2004 §§17(1), 17(2), 19(1), 22
Compensation for overtime work
Overtime rate(s)
The Employment and Labour Relations Act provides that an employer shall pay an employee not less than one and one-half times the employee’s basic wage for any overtime worked.
Employment and Labour Relations Act 2004 §19(5)
Remarks: The Regulation of Wages and Terms of Employment Order 2010 provides that where an employee is on any day or week employeed for the aggregate number of working hours exceeding the maximum number of ordinary days or hours, the employee shall be entitled to be paid that part of an hour or hours in excess as overtime at the rate not less than one and one half times the emploee's basic wage or at the rates provided for under the Order, whichever rate is greater (§6). No overtime rate is set (either in monetary or percentage terms) by the Order.
Historical data (year indicates year of data collection)
2009: An employer shall pay an employee not less than one and one-half time the employee's basic wage for any overtime worked. (Mainland Tanzania)
Weekday rate: Employee shall be paid not less than double the rate payable per hour for work on a working day. Holidays and public holidays: Employee shall be paid not less than double and half the rate payable per hour (Zanzibar).
2007: An employer shall pay an employee not less than one and one-half time the employee's basic wage for any overtime worked.
Weekday rate: Employee shall be paid not less than double the rate payable per hour for work on a working day. Holidays and public holidays: Employee shall be paid not less than double and half the rate payable per hour (Zanzibar).
1995: 50% premium on working days and 200% on weekly rest days and public holidays.
Exceptions
The overtime penalty rate does not apply to employees who manage other employees on behalf of the employer and who report directly to a senior management employee.
A written agreement shall require or permit an employee to work up to 12 hours in a day, inclusive of any meal interval, without receiving overtime pay, provided that the employee may not be required to work more than 45 ordinary hours in a week.
Employment and Labour Relations Act 2004 §§17(1), 21
Compensatory rest
No relevant provisions identified.
Compensation procedure
No relevant provisions identified.
Notice of requirement to work overtime
General provisions
No relevant provisions identified.
Remarks: However, an employer may only require an employee to work overtime in accordance with an agreement (§19(3) Employment and Labour Relations Act).
SCHEDULES
General
No relevant provisions identified.
REST PERIODS
Rest breaks
General provisions
An employer shall give an employee who works continuously for more than five hours a break of at least 60 minutes.
Employment and Labour Relations Act 2004 §23(1)
Historical data (year indicates year of data collection)
2009: 60 minutes if employee works continuously for more than 5 hours.
2007: 60 minutes if employee works continuously for more than 5 hours.
1995: No legal provision.
Exceptions
An employer may require an employee to work during a break only if the work cannot be left unattended or cannot be performed by another employee.
The provisions on rest breaks do not apply to employees who manage other employees on behalf of the employer and who report directly to a senior management employee. They also do not apply to work in an emergency which cannot be performed by employees during their ordinary hours of work.
Employment and Labour Relations Act 2004 §§17, 23(2)
Daily rest periods
Duration
An employer shall allow an employee a daily rest period of at least 12 consecutive hours between ending and recommencing work.
Employment and Labour Relations Act 2004 §24(1)(a)
Historical data (year indicates year of data collection)
2009: 12 consecutive hours.
1 hour break (for a working day of at least 8 hours)
(Zanzibar).
2007: 12 hours.
1 hour break (for a working day of at least 8 hours)
(Zanzibar).
1995: 16 hours.
Exceptions
A daily rest period may be reduced to 8 hours if: (a) there is a written agreement to that effect; and (b) the ordinary working hours are interrupted by an interval of at least three hours; or (c) the employee lives on the premises of the workplace.
Further, the provisions on daily rest do not apply to employees who manage other employees on behalf of the employer and who report directly to a senior management employee, or to work in an emergency which cannot be performed by employees during their ordinary hours of work.
Employment and Labour Relations Act 2004 §§17, 24(2)
Weekly rest periods
Duration
» General
An employer shall allow an employee a weekly rest period of at least 24 hours between the last ordinary working day of one week and the first ordinary working day of the next week.
Employment and Labour Relations Act 2004 §24(1)(b)
Historical data (year indicates year of data collection)
2009: 24 hours.
1995: 1 day.
» Exceptions
A weekly rest period may, by written agreement, provide for (a) a rest period of at least 60 consecutive hours every two weeks; or (b) a reduced weekly rest period by 8 hours if the rest period in the following week is extended equivalently.
Further, the provisions on weekly rest do not apply to employees who manage other employees on behalf of the employer and who report directly to a senior management employee, or to work in an emergency which cannot be performed by employees during their ordinary hours of work.
Employment and Labour Relations Act 2004 §17, 24(3)
Day specified
» General
No relevant provisions identified.
Work on weekly rest day
» Criteria
No relevant provisions identified.
» Compensation (for working on a rest day)
The employer shall pay the employee double the employee’s hourly basic wage for each hour worked during the period.
Employment and Labour Relations Act 2004 §24(4)
Remarks: See also article 7 of the Regulation of Wages and Terms of Employment Order 2010.
» Prohibitions and limitations
An employee may only work during the weekly rest period if the employee has agreed to do so.
Employment and Labour Relations Act 2004 §24(4)
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
An employee with less than six months service shall not be entitled to paid leave under the Employment and Labour Relations Act, unless the employee: (a) is employed on a seasonal basis; or (b) has worked more than once in a year for the same employer, and the total period worked for that employer exceeds six months in that year.
Employment and Labour Relations Act 2004 §29
Duration
» General
An employer shall grant an employee at least 28 consecutive days’ leave in respect of each 12 month period of employment, and such leave shall be inclusive of any public holiday that may fall within the period of leave.
Employment and Labour Relations Act 2004 §§30, 31(1)
Historical data (year indicates year of data collection)
2009: At least 28 consecutive days' leave.
21 days (seven days in respect of each period of full four months of service)
(Zanzibar).
2007: At least 28 consecutive days' leave.
21 days (seven days in respect of each period of full four months of service)
(Zanzibar).
1995: 28 days.
» Exceptions
The number of annual leave days may be reduced by the number of days which the employer granted the employee paid occasional leave at the employee’s request during the 12 month period in which the annual accrued.
Employment and Labour Relations Act 2004 §31(2)
Payment
» Amount
An employer shall pay an employee the remuneration the employee would have been paid had the employee worked during the period of leave before the commencement of the leave.
Employment and Labour Relations Act 2004 §31(4)
» Date of payment
No relevant provisions identified.
Schedule and splitting
An employer may determine when the annual leave is to be taken provided that it is taken no later than - (a) six months after the end of the 12 month period in which the annual leave entitlement accrued; or (b) twelve months after such time if - (i) the employee has consented; and (ii) the extension is justified by the operational requirements of the employer.
Employment and Labour Relations Act 2004 §31(3)
Work during annual leave
An employer shall not require or permit an employee to work for the employer during any period of annual leave.
Employment and Labour Relations Act 2004 §31(6)
PUBLIC HOLIDAYS
Number and dates
The following days are declared public holidays in Tanzania: (1) Revolution Day - 12 January (2) Id-el-Fitr festival - 2 days (3) Good Friday (4) Easter Monday (5) Id-el-Haj festival - 1 day (6) Union Day - 26 April (7) International Workers’ Day - 1 May (8) Maulid Day (9) Saba Saba Day - 7 July (10) Independence and Republic Day - 9 December (11) Christmas Day - 25 December
Public Holiday Ordinance Amendment Act 1966 Schedule
Payment
No relevant provisions identified. However, a copy of the Public Holiday Ordinance (which the Public Holiday Ordinance Amendment Act 1966 amends) was not identified at the time of writing.
Work on Public Holidays
» Criteria
No relevant provisions identified.
» Compensation
If an employee works on a public holiday specified in the Public Holidays Ordinance, the employer shall pay the employee double the employee’s basic wage for each hour worked on that day.
Employment and Labour Relations Act 2004 §25
Remarks: See also article 7 of the Regulation of Wages and Terms of Employment Order 2010.
EMERGENCY FAMILY LEAVE
An employee with more than 6 months’ service with an employer shall be entitled, in each leave cycle (defined for this purpose as a 36 month period commencing on the anniversary of the employee’s employment) to at least 4 days paid leave for any of the following reasons- (i) the sickness or death of the employee’s child; (ii) the death of the employee’s spouse, parent, grandparent, grandchild or sibling.
Employment and Labour Relations Act 2004 §§30(b)(ii), 34(1)(b)
Remarks: The 4 days referred to above are the total number of days to which the employee is entitled irrespective of how many of the events prescribed in that paragraph occur within the leave cycle, but the employee may take more days as may be authorised by the employer for the event and other subsequent events within the same leave cycle provided that such extra days will be without pay (§34(3)).
PART-TIME WORK
General provisions
No provisions relevant to part-time work identified.
NIGHT WORK
Criteria for night work
No relevant provisions identified.
Limits
Daily hours limit
No relevant provisions particular to night work identified.
Weekly hours limit
No relevant provisions particular to night work identified.
Overtime work
No relevant provisions particular to night work identified.
Schedule
No relevant provisions identified.
Rest breaks
No relevant provisions particular to night work identified.
Daily rest periods
No relevant provisions particular to night work identified.
Weekly rest periods
No relevant provisions particular to night work identified.
Annual leave
No relevant provisions particular to night work identified.
Compensation
An employer shall pay an employee at least 5% of the employee’s basic wage for each hour worked at night and if the hours worked are overtime hours, the 5% shall be calculated on the employee’s overtime rate.
Employment and Labour Relations Act 2004 §20(4)
Workers' health
It is prohibited for an employer to require or permit an employee who is medically certified as unfit to do night work to work at night.
Employment and Labour Relations Act 2004 §20(2)(d)
Transfers
Employers must transfer any employee working night shifts who becomes certified as unfit to do night work, unless it is impracticable.
Employment and Labour Relations Act 2004 §20(3)
Special categories
Young workers
It is prohibited for an employer to require or permit children under 18 years of age to work at night.
Employment and Labour Relations Act 2004 §20(2)(c)
Pregnant workers/recent birth
It is prohibited for an employer to require or permit: (a) pregnant employees to work at night - (i) two months before the expected date of confinement; or (ii) before that date if the employee produces a medical certificate that she is no longer fit to perform night work; (b) mothers to work at night - (i) for a period of 2 months after the date of birth; (ii) before that date if the mother requests to work and produces a medical certificate that her and the baby’s health shall not be endangered; (iii) after that date if the mother produces a medical certificate that she is not yet fit to perform night work or that the baby’s health does not permit the employee to work night shift.
Employment and Labour Relations Act 2004 §20(2)
SHIFT WORK
Criteria for shift work
No provisions particular to shift work identified.
ON-CALL WORK
Criteria
No provisions regulating on-call work identified.
FLEXITIME
Criteria
No provisions regulating flexitime identified.
CASUAL WORK
General provisions
No provisions particular to casual work identified.
SHORT-TIME WORK/WORK-SHARING
General provisions
No provisions regulating short-time work or work-sharing arrangements identified.
RIGHT TO CHANGE WORKING HOURS
Type of changes permitted
No provisions establishing a right to change working hours identified.
INFORMATION & CONSULTATION
Information
An employer shall supply an employee, when the employee commences employment and upon any change to the same, with the following particulars in writing, namely - (a) name, age, permanent address and sex of the employee; (b) place of recruitment; (c) job description; (d) date of commencement; (e) form and duration of the contract; (f) place of work; (g) hours of work; (h) remuneration, the method of its calculation, and details of any benefits or payments in kind, and (i) any other prescribed matter.
The employer shall keep the written particulars prescribed for a period of five years after the termination of employment.
Employment and Labour Relations Act 2004 §15(1), (4), (5)
Consultation
Where an employer changes an employee’s hours of work, as stipulated in the written particulars provided to the employee at the commencement of his or her employment, the employer shall, in consultation with the employee, revise the written particulars to reflect the change.
Where an employer seeks an exemption from the working time requirements of the Employment and Labour Relations Act in accordance with §100, the employer or employers’ organisation must satisfy the Minister that they have consulted with the employees affected by the exemption or their registered trade union.
No other relevant provisions identified.
Employment and Labour Relations Act 2004 §§15(4), 100(2)(a)
Results generated on: 18th April 2024 at 13:12:44.
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