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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.
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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.

Name of Act

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.

LEGAL DEFINITIONS


Employee/worker

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)
  • 2009: 9 hours (mainland Tanzania) 8 hours (Zanzibar)
  • 2007: 9 hours (mainland Tanzania) 8 hours (Zanzibar)

Exceptions

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)
  • 2009: 45 hours (Mainland Tanzania) 42 hours (Zanzibar)
  • 2007: 45 hours (Mainland Tanzania) 42 hours (Zanzibar)
  • 1995: 45 hours.

Reference period(s)

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)
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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.
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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)
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» 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
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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)
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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: 01st August 2014 at 07:45:51.
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