The Open University of

Tanzania (OUT)

Employment Law & Industrial Relations

 Brain Teaser

• Thierry had a basket full of ten apples,

he decided to distribute the apples to
his ten friends who came to meet him.
After a while each person (the friends
had an apple each) but one apple
was remaining in the basket.
• ……Where does this single apple
come from?
****
2
 Continues

• Two fathers took their sons down the

lake to fish. In the process of fishing
each person caught a single fish. On
their return home there were only three
fishes caught.
…… What happened?

3
 Content of the Course
 Introduction to Labour & Employment
Law
 Contents of a Contract of Employment
 Termination of the Contract of
Employment
 Labour and Employment Dispute
Settlement Mechanism in Tanzania
 Workers and Employers Association
4
 Industrial Relations in Tanzania: Collective
Bargaining
 Industrial Relations in Tanzania: Strikes
and Lockouts
 Social Security Laws in Tanzania
 International Aspect of Labour Law
 Objectives of the Course
General Objective(s)
The objectives of this course are
among others, to impart to the
student the knowledge of laws and
legal principles governing
employment (specifically the new
labour laws) as they apply in
Tanzania.
6
 TOPIC I
INTRODUCTION TO LABOUR LAW
• Learning Objectives
 To lay down to the student the genesis of
labour law in as far as the current labour
law of Tanzania is concerned.
 To impart to the student the awareness &the
weakness of the old labour laws and
reasons for reform in labour laws in 2004.
 To raise awareness of the importance of
employment law to all learners of this programme.
7
 Con‟t…

 To introduce students to the concept of

law
 To impart to the student the knowledge
of the sources of law as it applies to
Tanzania today in the same line with the
sources of employment law.
 To trace the historical development of
employment laws in Tanzania and
appreciate the legal concept that law
grows when the society grows.
8
 Sub-topics:
 Introduction to Law
Historical Development of Labour Law in
Tanzania
 The Need for Labour Legislation
 The Weakness of the Old Laws and
Reasons for Reform
 Sources of Labour Law in Tanzania

9
 INTRODUCTION TO LAW

 What is Law ?
 What does Law Do?
 Sources of Law in Tanzania; Where
do we get our Laws from ?
 What is Labour Law ?
 Why Labour Laws ?

10
 What is Law ?
 Can every one define law in the class
 Law of nature, law of a club, Laws of a
game, Science, rules of social and moral
behavior as laws etc.
 Philosophers and social thinkers have
worked on the meaning of law over the
ages.
 Thus, there cannot be one single answer
to or definition of law.
11
 Philosophers
 Aristotle, Socrate, Plato – Considered
law as a set of rules that originate from
the supreme being (God). They suggests
that laws are natural and that no one
can be above the law.
 John Austin: Defines law as a
command of a sovereign (state) backed
by sanctions. Whatever the sovereign say
is a command.
12
 Philosophers Con‟t..
 Roscoe Pound: - Defined law as a Social
engineering. Law should work as an engineer
to balance the social problems (competing
interests)
 Carl Marx: - defined Law as an expression
of ruling interests. The ideology of Law
ultimately reflects the interests of the
economically and politically powerful class
(ruling class) and in returns reinforces,
protects and perpetuates those interests.
13
 Common Definition:
Law may be defined as a set of binding
rules or norms imposed in a given
society breach of which leads to the
exercise of direct, indirect or ultimate
force by a centralized Organ (state)
having the monopoly of violence.

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 WHAT DOES LAW DO?
1. Structuring Public Power: Structures and
Controls the exercise of public (state) power.
The Constitution sets the state organs and
powers to be exercised by such organs of the
state. i.e. legislative, executive and judicial
powers.
2. Solving Conflicts: Social interaction btn
members of the society possibility of
conflicts is inevitable. State through law
provides institutions and mechanisms for
resolving conflicts. Courts, Tribunals 15
 Con‟t
3. Facilitating & Regulating Private Relations:
The capitalist system is based on
production and exchange of goods
between actors on the market. Law steps
in to facilitate and regulate these
exchanges. i.e. Law of Contract (seller and
buyer relations), the Law of Marriage Act,
1971 seek to regulate domestic relations.

16
 Sources of Laws in Tanzania
 Our legal system and law are the creation
of colonialism. Before colonialism our
society had no centralized organs like a state
and the social behavior were regulated by
customs and traditions.
The Judicature and applications of Laws
Ordinance (JALO) of 1961 stipulates the
sources of law that is to be applied on
Tanzania mainland:-

17
 Sources of Laws Con‟t..
 Received Laws: Common Law, Doctrine of
Equity, Statutes of General Application
 Local Laws: Statutory law – Constitution,
Statutes/Ordinances/Acts, By-laws
 Customary Laws + Religious Law –
Customary, Islamic, other religious laws
 International Conventions (Those which
has been ratified by Tanzania)

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 1. RECEIVED LAWS
 Common Law: Body of law developed
from the customs and practices of English
people.
 Doctrine of Equity: Dissatisfied with the
decision of the courts, citizens would appeal
to the King who was considered as a
Fountain of Justice. The court of Chancery
was established to deal with appeal and
thus, developed the doctrine of equity.
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 Received Law Con‟t

 Statute of General Application. Laws

passed by the parliament of England to be
applicable to all countries. These were
received on 22nd July, 2012 (Reception
date). i.e. Tanganyika Order in Council
 Received Laws are applicable subject to
any written laws.

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 2. LOCAL LAWS
 Principal legislation: Laws made by the
Parliament, i.e. The Employment and
Labour Relations Act, 2004
 Subsidiary Legislations/By-Laws: Laws
made by Administrative Bodies, i.e.
Minister, Municipal Council etc.
 Ordinances: These were local legislation
passed by the legislative council in colonial
Tanganyika.
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 3. CUSTOMARY LAWS & RELIGIOUS LAWS
 Customary laws: Customs and practices of
local ethnic accepted as binding. It is
applicable subject to several qualifications:-
~ Applies on civil matters and not any
criminal matters. Succession inheritance,
domestic and land issues.
~ App. To members of community only
~ App. Is subject to written law. Any
divorce made vs. LMA Provision, will be
held void
22
 Con‟t
 Islamic Law: It should not be confused with
the positive laws of Islamic countries. In 1963,
religious courts ceased to exist. Secular courts
styled Magistrates courts now apply secular
customs of the locality and Islamic law as
modified by state laws and regulations issued
by state authorities.
 Marriage, divorce, Succession, Inheritance,
Guardianship and Waqf are reserved for
Islamic Law.
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 4. International Conventions
o These International Conventions and
Recommendations are sourced from the ILO
and become binding on Tanzania only after
ratification.
5. Case Law
o Various decisions of the courts have been
sources of labour Law in Tanzania. Many
cases come from the EACA, The HC Tanzania,
The CA Tanzania and the Labour Court (Trade
Disputes)
24
 What is Labour Law ?
 Labour law (also called labor law or
employment law) is the body of laws,
administrative rulings, and precedents which
address the legal rights of, and restrictions
on, working people and their organizations.
 It mediates many aspects of the relationship
between trade unions, employers and
employees. However, there are two broad
categories of labour law.
25
 Con‟t
i)Collective Labour Law relates to the tripartite
relationship between employee, employer
and a Trade Union.
ii)Individual Labour Law concerns employees'
rights at work and through the contract for
work. The labour movement has been
instrumental in the enacting of laws
protecting labour rights in the 19th and 20th
centuries.

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 Why Labour Law ?

 Employers main objective is to maximize

profit. This can attract an employer to
exercise long working hours policy,
harassment, use of bondage labourers,
child labours, discrimination at workplace,
sex, age or disability discrimination,
unlawful termination even practicing
unlawful work related illegal practices.

27
 Con‟t
 Labour law arose due to the demands for
workers for better conditions, the right to
organize, or, alternatively, the right to work
without joining a labour union, and the
simultaneous demands of employers to
restrict the powers of workers' many
organizations and to keep labour costs low.
Employers' costs can increase due to workers
organizing to win higher wages, or by laws
imposing costly requirements, such as health
and safety.
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 What does Labour Law intend to achieve?

 The goal of labor laws is to equalize the

bargaining power between employers and
employees. The laws primarily deal with
the relationship between employers and
unions. Labor laws grant employees the
right to unionize and allows employers
and employees to engage in certain
activities (e.g. strikes)

29
 Historical Development of Labour Law
in Tanzania
Development of Labour Laws is closely linked to
Socio-economic development
 Development of working tools ensured
production of surplus product which in return
necessitated security. The concept of Social
contracts emerged. S.C. required law to
regulate this new life. Slavery emerged.
 Laws to ensure there is constant supply of
slaves to the slave master became inevitable.
30
 Con’t
 Landlord created laws that ensured constant
peasant Labour supply in their land.
 Emergence of colonialism compelled the
colonialist to take the position of landlords
 Since they needed Cheap Labour to ensure
cheap raw materials, they regulated labour
through legislations known as “Ordinances”
 In Tanganyika, colonial masters passed a
number of Ordinances to regulate the
Relationship which was imposed by force.
31
 Tanganyika under German Rule (1885 – 1919)
o Germans fostered settler economy with
white farmers undertaking medium scale,
state provided them with land, Cheap
labour and Agricultural Credit.
o German imposed Poll Tax to ensure forcible
recruitment of labourers. i.e. the House and
Poll Tax Ordinance of 1912 – Required a
prescribed tax to be paid in cash, thus
forcing natives to sell their labour in order
to obtain the means to pay tax.
32
 Tanganyika under British Rule (1920 – 1960)
o Tanganyika was taken by British as a Mandatory
Territory under the League of Nation Trusteeship
System in 1920.
o Like the Germans, the British used coercive
methods to create a supply of wage labour, land
alienation, forced labour, taxation and
recruitment.
o The Native Authorities Ordinance of 1926,
empowered a native authority to requisition
mandatory communal labour from natives for various
purposes. 33
 Con‟t
o The Master and Native Servant Ordinance of
1927 and 1931 was the earliest legislation
dealing with employment standards.
o The Factories Ordinance of 1950, the
Employment Ordinance of 1948 and the
Workman Compensation Ordinance of 1948,
they formed the foundation of employment
standards during during the last decade of
British rule, and they remained unchanged even
after independence until the enactment of ELRA,
2004. 34
 Con‟t
Labour Relations become more of a contractual
than criminal in nature
 E.O. provided for rights & obligations of both
employers and employees
 Under the former statutes employers had only
rights while the employees had no rights but
obligations only.
 Joint Consultation Model became a state
Industrial Resolution Framework which excluded
Unions from participating in a dispute resolution
process. 35
Post Independence Labour Law & Policy
o The Security of Employment Act of 1964
was enacted to enhance job security for
workers. The Act tempered with the
employers‟ Common Law right to “hire and
fire” by limiting the employers‟ right to
discipline.
o The Act established one Conciliation Board
in each District, constituted by a chairman
and two other members, to oversee
compliance with its provisions, hear
grievances and grant appropriate remedies.
36
 Con‟t …
o The Severance Allowance Act of 1962, imposed
a duty on every employer to pay Severance
Allowance to an employee who had been n
continuous employment with the employer for
at least three months when the employment
contract expires/terminated.
o The National Provident Fund Act of 1964
empowered the minister for Labour to designate
employees/employers as compulsory
contributors to the fund.

37
 What Circumstances led to the Need for
Labour Legislation in 2004?
Industrialization in the west, as well as in
Tanzania has adversely affected the
working class of people in terms of:
 Long Hours, Miserable Working
Conditions in Slums, Barrack like huts,
Fatigue
 Low standard of living (rising prices &
Low wages), poverty, juvenile crimes,
overcrowded cities, etc.
38
 Con‟t

 Constant strain on the relations between

employer(ee) have necessitated strikes and
lockout leading to fall in production
 These were the factors which compelled
the state, the public and the employers to
change their attitude towards the working
class.

39
 Why do we need Labour Law?

1. To safeguard & Protect the Health, Life,

Limbs of the workers.
Workers are exposed to certain risks
which are mostly hazardous.
2. To protect workers who are economically
weak. Low bargaining power, illiterate
and helpless for their rights, often
exploited by their employers

40
 Con‟t
3. To secure the workers from the hazards of
life: Such as Continued sickness, accident,
disablement, unemployment, old
age, death
4. To encourage & Facilitate the formation
of Trade Unions: They enhance job
security, increase their bargaining
power, a place complaints can be
channelled
41
 Con‟t

5. To maintain good Relationship among the

parties in industry:
Disputes if not settled may result in
strikes & Lockout, violence and
destruction of property and even
assault on personnel

42
What was wrong with the Old Labour Laws ?
1. Laws were based on an out-dated
conception of master servant
relationship. They impose unnecessary
rigidities.
2. Dispute resolution procedures were
lengthy and complex. Minister
(politician) was responsible for
determination of disputes

43
 Con‟t

3. Confusion od roles. Labour officers as

arbitrators (in Conciliation Boards), as
inspectors and prosecutors
4. No Free Collective Bargaining
5. Though provide for strikes and lockouts,
the same are in practice not permitted.
6. Industrial relations system remain weak
and bureaucratic (State ownership M.o.P)

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 Why Reform in 2004 ?
i). Globalization: Production, distribution,
selling, investing takes place without
regard to national boundaries.
- Aims at increasing flexibility and
reduction labour cost.
- De-regulation & liberalization has
eroded workers rights and benefits

45
 Con‟t..

- Increased job insecurity & wage

inequality. Many workers thrown into
informal sector (not protected by
labour laws or social security)
ii). Economic & Political Liberalization:
- Shift from Planned to Free Market
economy, employment has shifted from
public to Private sector

46
 Con‟t …

iii). Liberalization of Workers‟ Organization:

After 1992 multipartism, trade unions
are no longer linked to CCM. Trade
Union Act, 1998 has opened a new era
of industrial relations.
iv). Regional Trends: Development within
SADC & East African Community to
review their labour laws. Common mkt

47
 Con‟t …

v). The Legal Framework:

- Current law are rigid. Some in conflict
with public international law, i.e. a
statute encouraging forced labour.
- Laws are complex & scattered in many
statutes, hard to access & apply
- Conciliation Boards are subject of
criticism by employers & employees

48
 REFERENCES
 Wooddis, J., Africa Roots of Revolt,
London, Lawrence &.Wishert, 1960
 Illife J., A Moden History of Tanganyika,
London, Cambridge University Press,
1979
 Shivji, I.G., Law, State and the Working
Class in Tanzania, Dar es Salaam, TPH,
1986

49
 Review Questions
Discuss the reasons and circumstances that
necessitated reform of the old labour laws
in Tanzania in 2004.
 Do you real think Labour Laws are
important in our society? Discuss.
 Development of Labour Laws is closely
linked to Socio-economic development.
How far is this statement true in relation to
the labour laws in Tanzania?
50
 TOPIC II
CONTENT OF AN EMPLOYMENT
CONTRACT
INTRODUCTION
Employment contracts contains terms of
employment which in effect are mutual
promises of the parties giving rise to rights
and duties. This part covers the concept of
employment contracts as distinguished from
any other type of contract.
51
 Sub-topics:
 Part I
Employment Contract: An Overview
Formation of an Employment Contract
Forms of Contract of an Employment (S.14)
Express Rights & Duties in a Contract of
Employment
Implied Rights and Duties under the
Employment Contract
 Part II
Employment Standards
52
 Course Objectives
 To enable learners identify the express
rights and duties created by a contract of
employment
 To impart to learners the knowledge of
the implied rights and duties of both
employers and employees
 To impart the employment standards
entrenched in the employment contracts
•
53
 Part I
EMPLOYMENT CONTRACT: AN OVERVIEW
(i) Classification of Contracts
1. Oral and Written Contracts:
Oral- Made by word of Mouth. Written-
in writing.
2. Executed & Executory Contract:
Executed: When one/both parties have done all
that the contract requires. Executory: When the
Obligations of one or both of the parties
remain to be carried out.
54
 Con‟t …
3. Specialty & Simple Contract.
Specialty: Contract under seal/deeds. Terms
reduced into writing signed, sealed and
attested.
Simple: May be made Orally/writing or they
may be inferred from the conduct of parties.
4. Unenforceable, Voidable, Void & Illegal
Contract. This is classification of contract
according to their status.

55
 (ii) How a Contract is Formed ?
 Promise - Agreement – Contract
Promise: Offer + Acceptance
 Agreement: Promise/Set of Promises
forming Consideration for
each other
 Contract: Agreement enforceable by
Law

56
 The Law of Contract Act, 2002 R.E
Section 2.-(1) In this Act, unless the context
otherwise requires–
(a) when one person signifies to another his
willingness to do or to abstain from doing anything,
with a view to obtaining the assent of that other to
such act or abstinence, he is said to make a
proposal/Offer;
(b) when the person to whom the proposal is made
signifies his assent thereto, the proposal is said to be
accepted, and a proposal, when accepted, becomes
a promise;
57
 Con‟t …

(e) every promise and every set of promises,

forming the consideration for each other, is
an agreement;
(g) an agreement not enforceable by law is
said to be void;
(h) an agreement enforceable by law is a
contract;

58
 Essential Elements of a Contract
Parties to Contract
 Offer and Acceptance
 Intention to Create Legal Relation
 Capacity to Contract – (S. 68, under 18yrs)
 Lawful Object and Consideration
 Free Consent

59
 1. Parties to Contract
 In every contract there must be two
Parties(Natural/ Artificial).
2. Offer & Acceptance: See Section 2(1)(a)
3. Lawful Object
 The Object of the contract must be lawful
or legal s.23(2)
4. Capacity to Contract
 Only Sane, Sober Person of Contractual
Age are capable of making valid contract.
60
 Con‟t …

5. Intention to Create Legal Relations:

Their must be common intention of parties
to enter into legal relations.
 Social/domestic arrangements are
presumed not give rise to enforceable
contract.
 Business arrangements are presumed to
carry legal consequences.

61
 6. Consideration
Currie vs. Misa (1875) LR 10: Some right,
interest, profit or benefit accruing to one
party or some forbearance, loss given,
suffered or undertaken by the other.
7. Free Consent
Every party to a contract is required to
conclude a contract out of his own free will
or volition. It is a basis for the assumption
that Freedom of contract and Sanctity of
Contract.
62
 Types of Employment Contract
The Employment and Labour Relations
Act, 2004 provide Three Forms of
Employment contract, S. 14
1. A Contract for an Unspecified Period
of Time, i.e Monthly, Permanet
- Parties do not specify a date of
termination. Employee enjoys annual
leave, sick leave, maternity etc.

63
 Con‟t …
2. A Contract for Specific Period of
Time, i.e. For Professionals and
Managerial Cadre. Contract cannot be
terminated without good cause. Non
renewal of a contract constitutes a
dismissal.
3. Contract for Specific Task: If after a
specific task the employee remain in
employment with remuneration (renewal)

64
 Case Law
 In Omary Mkele & 20 Others v. M/S
Shipping Freight Consultant, HC, Labour
Division, (DSM) Labour Dispute No. 6 of
2008. The Court held that, people working
to load/unload goods from containers for
one single working day of eight hours, at the
end being paid their dues…. Falls under Oral
contract for specific task under section
14(1)(c), whereby the task ends at the end of
each working day.
65
 Con‟t …
 Daily employees who are now categorized
as working under a contract for a specific task
will never be entitled to severance pay as the
court rightly held in the above case but they
may, arguably, be entitled to leave (s.29-30)
under sub- part D of ELRA provided they will
have worked with the same employer for an
aggregate period not less than six whether
under one or several contracts.

66
 Who is an Employee?

 An employee is an individual who has

entered into a contract of employment
or has entered into any other contract
under which he undertakes to work
personally for the other party to the
contract where the other party is not a
client or customer of any profession,
business or undertaking carried on by
individual.
67
 Con‟t…
S. 98(3) Minister for Labour may also deem a
person as an employees
S. 15 Mandatory requirement that an employer
shall supply an employee with written
statement of particulars at the commencement
of employment. These includes:-
Name, Age, Permanent Address & Sex (Employee). Place
of recruitment, Job description, Date of
Commencement, Form & Duration of Contract, Place
of Work, Hours of Work, Remuneration, Method of its
Calculation, Detail of any benefit or payment in kind
68
 Contents of a Contract
Employment contract contains terms of
contract which in effect are mutual
promises.
 Mutual promises give rise to rights and
duties which may be express or implied in
an employment contract
 Express terms provides for express rights
and duties in an employment contract

69
 Express Rights and Duties
 They are provided by parties expressly in
the contract of employment and may
be orally or in writing
 It includes Leave, salary, overtime, hours
of work, job description, job title,
holidays, sick pay, pension, notice etc.
 They are mostly provided in a standard
form to the employees, (no negotiation)

70
 Con‟t …
 Sources of Express terms may include a
formal contract, a letter of appointment, a
statutory statement of the main terms and
conditions, oral statements made prior to
the contract and even the job
advertisement.
 Express statements become part of the
contract if they were made prior to the
contract (Unless there is mutual agreement)

71
 Implied Rights and Duties
 These are necessary terms which are
implied by law in every contract of
employment.
 Some are result of customs, Common
Law or practice but mostly are result of
statutory law
 They are in both employer and employee
in the employment contract

72
 Implied Duties of the Employer
 Duty to provide work: It is the obligation
of an employer to provide work in
accordance to the terms of a contract.
 Duty of Mutual Respect: Treat his
employee with mutual respect and
consideration, mindful to their needs and
problems, sympathetic to their problems.
 Duty of Confidentiality: not to disclose

73
 Con‟t…

 Duty to indemnify: Where an employee

reasonably incurs any expense in
performance of his contract ought to be
met by an employer must be indemnified.
 Duty to ensure employee‟s Safety: Take
reasonable care to ensure the safety of
their employees

74
 Implied Duties of the employee
 Duty of Faithful Service: To serve their
employment faithfully, care property,
account for money received not to disrupt
employers business.
 Obey Lawful & reasonable orders: if it
involve risk of serious injury or breach of
public law can be held unreasonable even
if it is within scope of employee‟s duties.

75
 Con‟t …

 Duty to use Skill and Care: The breach to

this duty entitles the employer to claim
damages in respect of negligent
performance of the contract.
 Duty not to disclose confidential
information: To unauthorized person, i.e.
profit, new design, mode of operation etc.

76
 Part II

EMPLOYMENT STANDARDS/MINIMUM
CONDITIONS OF EMPLOYMENT
o Employment standards refers to those set of
values established by laws and regulations
below which no employment relationship
should fall.
o The ELRA, 2004 set out the minimum
conditions of employment in Tanzania. E.S. may
be altered by the procedure provided by ELRA
i.e. Collective Agreement in force at a work
place.
77
1.0 Prohibition of Child Labour, Forced Labour
and Discrimination at Workplace
1:1 S.4,5 & 6 – Prohibit employing a child under
the age of 14. Children young than 18 but older
than 14 years of age may be employed but not
in hazardous sectors such as factories, ships, non-
formal setting and agriculture.
o Conditions:- Children may only performs light
work. Such job must not be harmful to the
childs‟ health & development. Job must not
interfere childs‟ educational development.
78
 Con‟t…
1:2 S.6 – Prohibit forced labour. It include
bonded labour or any work exacted from a
person without his/her consent and with threat
of a penalty if the order is not complied with.
1:3 S.7 – Prohibit Discrimination in the
Workplace. Employer must ensure there is no
discrimination of any form based on colour,
nationality, tribe or place of origin, political
opinion, religion, sex, gender, pregnancy,
marital status, disability, HIV/AIDS including
harassment.
79
 2:0 Regulation on Working Time
2:1 Ordinary Hours of Work: s. 19 – An
Employer shall not require/permit and
employee to work more than 12 Hours in any
day.
o Maximum Ordinary days/hours an employee
may be permitted are:
o Six Days in any Week
o 45 hours in any Week
o Nine hours in any Day
80
 2.2 Night Work
o Night means the hours after twenty hours and
before six hours. Between 20:00 – 6:00.
o No employer required to permit a pregnant woman to work
at night two months before date of confinement. If the
employee produce a Medical Certificate that she is no longer
fit to work at night work she may be exempted from night
work even before the two months said.
o Mothers during the period of two months after the date of
delivery.
o Children under 18 years are prohibited to work at night
irrespective of their consent.
o S.20(4) – An employer shall pay an employee at least 5% of
his/her basic wage for each hour worked at night.
81
 2.3 Overtime
o S.19 –Overtime is a work over and above
ordinary hours of work. It is prohibited by law.
o Overtime agreement may be based on an
individual/collective agreement. An employee is
prohibited to work more than 50 overtime in a
four week cycle. Employer is not allowed to
permit an employee to work more than 12
hours in any given day.
o Employee shall be paid not less than one-half
times the employees‟ wage of any overtime
worked. 82
2.4 Meal Intervals
o ELRA gives an employee the right to a 60
minutes break in a working day where an
employee works continuously for more than
five hours a day.
2.5 Daily and Weekly Rest Periods:
A daily weekly rest is set at 12 consecutive hours
between the time when work ends and when
work for the next day commences. The law
provides for a minimum of 24 hours btn the
ordinary working day in the week ending & the
first ordinary working day of next week. 83
2.6 Public Holidays
o Is the one set in the Public Holiday Act,
2002 R.E. and etitles an employee to rest.
o If an employee works on a public holiday,
the employee shall pay the employee
double the employee‟s basic wage for each
hour worked on that day.

84
 3.0 Particulars of Employment & Remuneration
3.1 Written Particulars of Employment: Although
the law permits domestic contracts to be oral, it
obliges employers to keep written records of the
particulars of employees regarding terms and
conditions of their employment. A copy must
be given to the employee.
o Employer must take records details of name,
age, address, sex, place of recruitment, job
description, date of commencement, form &
duration of contract and the place of work.
85
3.2 Informing Employees of their Rights
o Employees have a number of rights under
ELRA which the employer is duty bound to
inform the employee. i.e. strike
3.3 Paying Remuneration: (s.26) Remuneration is
a total value of all payments, in money or in
kind, made or owing to an employee arising
from the employment payable by the employer.
Payment mode is through cash or cheque.
Payment in kind must not be in alcoholic
beverages or noxious drugs. The value of the
article given in kind must be fair & reasonable.
86
 4. Leave
4.1 Annual Leave:
Rest period of not less than 28 payable
consecutive days to which an employee is
entitled within a leave cycle of 12 consecutive
months of employment with the same
employer (s.31). Days for annual leave may
be reduced by the number of days taken in
the occasional leave which was payable.
o Sick leave may not be treated as annual
leave.
87
 4.2 Paid Sick Leave: s. 32
This is a leave taken by an employee on account
of sickness of body or other sickening condition
which may render an employee unable to
perform the functions stipulated in the
employment contract.
o An employee shall be entitled to sick leave for
at least 126 days in any leave cycle, wherein the
first 63 days shall be paid full wages and the
second 63 days be paid half wages. A Medical
Certificate must be produced first by the
employee in order to be paid sick leave.
88
 4.3 Maternity Leave
S. 33 – Rest days given to an employee who is an
expectant woman or lactating mother.
(i) Rest days given to an expectant mother i.e.
any time from four weeks before the expected
date of confinement.
(ii) An expectant mother may choose to work for
the said four weeks but shall not be compelled
to do so. Her maternity leave begins after
giving birth. (iii) Lactating mother and her
baby are prohibited to work six weeks after
birth 89
 4.4 Family Responsibility Leave
o Paternity Leave: Is given to a male
employee who is a father of a newly born
child. It entitles the father to three days
leave in a leave cycle of 36 months. He
should be the father of a child & leave must
be taken within seven days of the birth.
o Compassionate leave: Four days paid leave
given to an employee when the child is sick,
dies, or loss of spouse, parent, grandparent,
grandchild or sibling.
90
 Reference
1. Rutinwa, B.; The New Employment and
Labour Relations Law in Tanzania: An Analysis
of Labour Legislation in Tanzania, University of Dar
es Salaam School of Law.
2. Pett, G., Employment Law, Sweet &
Marxwell, London, 1992
3. Rideout, R., Principles of Labour Law, 4th
edn. London, Sweet & Marxwell, 1983
4. Sargeant, M. Employment Law, 2nd Edn.,
Pearson Education Ltd, Harlow, 2003
91
 Review Questions
Discuss how a contract of employment
may be formed.
Discuss the implied duties of both an
employer and employee in an industrial
relations in Tanzania.
Discuss the minimum employment
standards set under the ELRA, 2004

92
 TOPIC III
TERMINATION OF EMPLOYMENT
 Introduction:
 Termination of employment is the end of
an employee‟s duration with an employer.
Depending on the case, the decision may
be made by the employee, the employer,
or mutually agreed upon by both.

93
 Sub-topics
 Termination of employment contract.
 The ILO Conventions on Termination
 Forms of Termination
 Fair/Lawful termination of employment
 Valid Reason
 Fair Reasons
 Fair Procedure
 Disciplinary Procedures
 Misconduct
Capacity and Incompatibility
 Operational Requirement
94
 Objectives of the Course
 Strike a difference between fair and unfair
termination of the employment contract
Increased knowledge of the remedies for
unfair termination of employment contract
Understand the legal procedures to be
followed by employers before termination
of employment contract

95
 Generally
 Termination means the act of bringing a
contract to an end. It must be understood
that this is due to procedures other than
disciplinary measures.
 When a contract is brought to an end
through disciplinary measures it is called
dismissal.

96
 Part I
1.0 TERMINATION OF EMPLOYMENT
1.1 The ILO Conventions
 The ILO Conventions on the termination of
employment is an important international legal
instrument as far as protection of workers
against termination at the instigation of
employers is concerned.
 The concepts of substantive and procedural
fairness are conspicuously pronounced in these
conventions and has exerted enormous influence on
ILO member states in drafting their labour legislations
97
.
The Termination of Employment Convention
158 of 1982, has been enormously influential in
drafting modern labour laws in Tanzania. The
Convention establishes the core elements of
employee‟s rights.
First: An employer may only terminate a worker‟s
employment for a valid reasons. There only three
reasons.
Secondly: An employee must have the opportunity
to be heard before the termination takes place.
Thirdly: Employee must have the right to appeal
against termination decisions to an impartial body.
98
 1.2 Forms of Termination
1.2.1 Termination by Agreement: It is a general
principle of contract that as parties are free to
enter into contracts; they are equally free to
bring their contract to an end by consensus. This
principle applies to employment contracts as
well. Rule 4(1) provides that an employee shall
agree to terminate the contract in accordance
with their agreement. i.e. Voluntary
retrenchment on an agreed package,
Completion of task in a specific task contract.
99
 1.2.2 Automatic Termination
o A contract of employment may be terminated
automatically due to various circumstance
mentioned in rule 5 of the Code of Good
Practice Rules. i.e. when employee dies,
reaching the agreed or normal age of
retirement, Business is wound up.
o Where there is no retirement age the normal
retirement age shall be implied from the
employer‟s practice in the past and the practice
in the industry.
100
 1.2.3 Termination by Employee
o This is commonly known as Resignation. When
an employee intends to resign in terms of a
fixed term he/she may only resign of the
employer materially breaches the contract (s.6).
o The material breach may be equated to what is
commonly known as fundamental breach in the
law of contract. A breach is considered
fundamental if it is vital/so seriously capable of
depriving the other party of what he had
contracted for.
101
 1.2.4 Termination by Employer
o As opposed to the common law right to hire
and fire, an employer who wants to terminate
the services of an employee must be adhere to
the provisions of s. 37(1) and (2) & s. 41 – 44 of
the ELRA, 2004; together with rule 8 of the
Code of Good Practice Rules.
o Employer must follow a fair procedure before
terminating the contract and must have a fair
reason to do so as provided for under s. 37(2)
of E LRA, 2004.
102
 c
o Notice: Both employer and employee may
terminate the employment contract by giving a
statutory notice. S. 41
o 7 days if notice given in first Month of employment
o 4 days if employee works on weekly/daily basis
o 28 days if employee employed on monthly basis
o Severance Pay: Payable to all employees
irrespective of their position/status. It is meant
to cushion the blow of unemployment as a
gratuity for services rendered & compensation
of employees who have lost their jobs through
no fault of their own.
103
 .
o Two conditions must be exhausted first. (1)
Presence of 12 months continuous services
service with the same employer (2) Termination
of employment at the instance of the employer.
o Repatriation: s.43 – Employer is duty bound to
repatriate the terminated employee to his/her
place of recruitment.
o Terminal Benefits: s.44 – An employer
intending to terminate an employee‟s contract
must consider paying terminal benefits upon
termination.
104
1.2.5 Constructive Termination
o S.36 - Arises where an employer has made
employment intolerable for an employee. The
employee is compelled to resign because the
employer has behaved in such an unacceptably
oppressive or discriminatory manner that it has
left the employee with alternative but resign in
order to safeguard his/her interest.
1.2.6 Failure to renew a fixed term Contract – on
similar terms if there was a reasonable
expectation of renewal.
105
 1.2.7 Failure to Resume Work after Maternity Leave
o A prolonged maternity leave without
permission of the employer may be considered
as the case of abscondment.
1.2.8 Selected Re-employment after Termination
Failure to re-employ an employ if employer has
terminated the employment of a number of
employees for the same reasons and has offered
to re-employ one or more of them. i.e dismissal
during strike & decide not to offer re-
employment to the troublemakers or leaders of
the strike. 106
 Part II

2.0 LAWFUL TERMINATION OF EMPLOYMENT

o Valid Reasons: As per s.36 of ELRA, 2004

o Fair Reasons: As per s.37(2)(b)

o Fair Procedure: As per s.37(2)(c)

107
 2.1 Valid Reasons - Section 36
 Termination of employment includes:-
i. A lawful termination under Common Law: By
agreement; Automatic termination i.e. by death/
bankruptcy of employer. By resignation.
ii. Where the employer makes continued employment
intolerable i.e. continued harassment.
iii. Failure to renew a fixed term contract where there is
reasonable expectation of renewal. Failure to allow
an employee to resume work after taking maternity
leave.

108
 Con‟t…
iv. Failure to allow an employee to resume
work after taking maternity leave.
v. Failure to re-employ an employee if the
employer has terminated the employment
of a number of employees for the same or
similar reasons and has offered to re-
employ one or more of them.

109
 (i) Fair Reasons – s. 37(2)(b)
o The reason for termination is fair when it is
related to employee‟s Conduct, Capacity
or incompatibility.
o The reason for termination is fair when it is
based on the Operational Requirements
of the employer as per section 38.

110
 (iii) Fair Procedure – s.37(2)(c)
 Investigation to ascertain whether there ground
for hearing, notification of where hearing is to
be held. Using language know to all, give
reasonable time to employee to prepare.
 S. 13 of the Code of Good Practice – The
employer shall use the following three basic
elements of fairness:
i). Notification of the reasons for termination
ii). An opportunity of an employee to make
representations (iii).The right to be represented
111
 Con‟t …

 No disciplinary action to employee

charged with criminal offence - S. 37(5)
 The following are not fair reasons to
warrant termination if an employee…
S.37(3)(a-b)
 To determine whether the termination by
an employer is fair, the arbitrator/Labour
Court shall consider the Code of Good P.

112
Termination due to Operational Requirement
 An employer is bound to comply with the
following Principles: S.38
1. Give notice of the intention to
retrench
2. Disclose all relevant information on
the intended retrenchment
3. Consultation prior to retrenchment/
redundancy on the reasons, measures to

113
2.2 Termination For Incapacity Ground
2.2.1 Poor Work Performance: Manager
should consult the employee for
identification and analysis of the problem.
Should account for the poor performance.
- Training, instruction, guidance.
- Given reasonable period of time for
improvement.

114
2.2.2 Consideration of Termination for Incapacity
Management should consider the following
to determine whether the decision is fair:
- Whether the employee failed to meet the
performance standard.
- Whether was aware/ought to be aware of
the standard.
- Performance standards are reasonable.
- Termination was the appropriate sanction

115
 2.2.3 Incapacity: Sickness and Injury

 Manager should consult employee for

identification and analysis of the problem.
 Manager should guided by the opinion of
a Registered Medical Practitioner is
determining the degree of incapacity &
establish whether temporary/permanent.
 Alternative to dismissal should be
considered.

116
2.3 Incompatibility
 Incompatibility may constitute a fair
reason for termination of employment.
Incompatibility is of two types:
1. Unsuitability of an employee to
his/her due to his/her character/
disposition.
2. Relating badly with fellow
employees, clients or the public

117
 Con‟t…

 Incompatibility is treated similar to

capacity for poor work performance.
 Employer should warn and council the
employee before termination.
 Employer should give the employee a fair
opportunity to: Consider & reply the
allegations. Remove the cause for the
incapacity. Propose an alternative to
termination.
118
 Part III
3.0 Disciplinary Procedure (Misconduct)
• Employer should apply Discipline in an
attempt to ensure that employees comply
with rules and policies governing their
employment.
3.1 Counseling:
Should be done by managers, supervisors,
who should explain to employees what is
expected of them. If it does not work,
stronger action may be required.
119
3.2 Verbal Warnings
 If an employee commits minor
misconduct or reforms poorly, the action
taken should be verbal warning followed
with an instruction from the employee‟s
manager to correct the behaviour.
3.3 Written Warnings:
 A written warning may be issued by
manager/supervisor if the conduct of an

120
 Con‟t …

Employee has not improved following

counseling or verbal warnings.
 Employee should be given opportunity to
make representations.
 If an employee feels aggrieved by having
been given a written warning may
appeal to the next level of management
within five working days.

121
 Con‟t ….
3.4 Disciplinary Hearings: A sufficiently
senior Manager should be appointed as
chairperson to convene a disciplinary
hearing in event of:
- Further misconduct following written
warning(s)
-Repeated written warnings for different
offences. Allegations made of serious
misconduct i.e. those in Code of G.P.
122
 Con‟t …
3.5 Termination of Employment: Should only
take place in cases of serious or repeated
misconduct has made the employment
relationship intolerable to be continued.
3.6 Suspension: In circumstances in serious
misconduct have occurred, a sufficiently,
senior manager may suspend the employee
from work pending an inquiry.

123
 Con‟t …
 Employee may be suspended if his
presence would obstruct the investigation
 Must be paid normal basic earnings for
the period of suspension
 Suspension should be accompanied with
final written warning. Suspension without
pay goes for offences that justify more
serious sanction than a final written
warning.

124
3.7 First Offences for which Warnings may be Given
 Absence: Late for work, Leaving work
place without permission. Absence from
work without acceptable.
 Instruction: Failing to carry out reasonable
instructions of a superior.
 Work Performance: Poor performance
without acceptable reason/ doing
unauthorized private work.

125
 Con‟t…
 Property: Causing damage to or Loss of
the employer‟s property.
 Behaviour: Unacceptable behavior
towards customers, clients, fellow
employee or member of a public
 General: General offences and breaches of
organizational rules or policy.

126
 3.8 Serious Misconduct Employee may be
Dismissed
 Absence: absence from work without
permission/without acceptable reason (5
working days)
 Insubordination/Non-Compliance:
Commission of serious defiance against the
employer.
 Poor work Performance: Willful
negligence in performance of work

127
 Property: Willful/negligent causing serious
damage/loss of property, theft, Fraud etc.
 Behaviour: Abusive behaviors, Assault,
alcoholism at work, drugs etc.
 General: Breaches of organizational rules,
policies which can breakdown the
employment relationship.
 Criminal conviction

128
3.9 Remedies for Unfair Termination S.40

 Reinstate the employee without loss of

remuneration.
 Order to re-engage the employee as the
arbitrator or court deems fit.
 Compensation of not less than 12
months
 Compensation of 12 month‟s wages
 Pay wages due up date of verdict
129
 Reference
 Dr. Cornel C. Mtaki (2004) – Training
Manual for Postgraduate Diploma in
Law, Mediation and Arbitration.
 P.R. Sinha (2004) Industrial Relations,
Trade Unions and Labour Legislation,
Person Education, Delhi.
 Rutinwa, B.; The New Employment and
Labour Relations Law in Tanzania: An
Analysis of Labour Legislation in Tanzania,
University of Dar es Salaam School of Law.
130
 Review Questions
 An employment contract may be legally terminated
when the Valid Reasons, Fair Reasons and Fair
Procedures have been exhausted. Discuss
 Discuss on the legal justification of the following
employment relations:-
(i) Anna, despite of being pregnant has been working for a
total of 13 hours of the night shift everyday for the entire
month until one week before the date of her confinement.
(ii) Requirements for an employee to be given Maternity
leave or Paternity leave as the case may be.
Discuss the remedies for unfair termination of
employment 131
 TOPIC IV
LABOUR DISPUTES SETTLEMENT MECHANISM
IN TANZANIA
 Introduction
Normally disputes may arise in any contract
for many reasons. This part deals with the
settlement of disputes in as far as
employment is concerned. What determines
the procedure to be used include, the nature
of the dispute as well as the parties involved.

132
 Sub-topics
 Introduction
 Dispute Resolution Process: Mediation
 Dispute Resolution Process: Arbitration
 Institutions for Settlement of Disputes:-
 The Commission for Mediation & Arbitration
 The Social & Economic Council
 The Essential Service Committee
 The Wage Board
 The Labour Court

133
Course Objectives
 To impart the knowledge of procedures
involved in dispute settlement under the
ELRA, 2004
 To impart the knowledge of composition,
powers and function of institutions
responsible for settlement of employment
disputes. Identify types of disputes that
require compulsory Arbitration

134
 Part I
INTRODUCTION
 Labour disputes are inherent in all labour
relations systems of the world. They tend
to occur when the collective negotiations
has reached a breaking point, and if not
resolved, often give rise to industrial
action, such as strikes.
Establishment of a system for prevention
and settlement of dispute is a cornerstone
of a sound industrial labour relations.
135
 Con‟t …
 An effective labour dispute settlement system
helps to promote industrial peace. This in
return contributes to the maintenance of climate
that is conducive to development, economic
efficiency and social equity.
 The structure for dispute settlement system is
designed to promote collective bargaining. i.e.
by requiring the parties to exhaust all the
possibilities of reaching a negotiated solution or
to exhaust the dispute settlement procedures …
136
 Con‟t …
Provided for by their collective agreement before
having access to state provided procedures.
 State dispute settlement system must be
mediation procedures aimed at assisting parties
to reach a negotiated settlement under
conditions that are as close as possible to those
of normal bargaining process. Imposition of
solutions should be avoided to prevent denial
of right to free and voluntary collective
negotiations.
137
 ILO Conventions
 ILO Convention No. 154, 151: Disputes in the
public service should be settled through
negotiation between the parties or through the
independent and impartial machinery, such as
Mediation, Conciliation and Arbitration.
 Principal methods suggested by ILO instruments
are: - Mediation, Arbitration and Adjudication.
They involve an independent/impartial third
parties to assist in the resolution of dispute.

138
 The Purpose of Labour Dispute settlement
Procedures
 Promotion of peaceful and orderly
settlement of disputes, principally by the
efforts of the parties themselves.
 Third parties should be there just to assist
the parties to find a mutually acceptable
solution to their differences.
 In settlement of disputes over rights, unless
settled by negotiation, be resolved by courts
or arbitrator, rather than industrial action.
139
 Definitions & Classification of Labour
Disputes
 Labour disputes are of different types each
of which falls under a particular type of
dispute settlement procedure.
 The Two most applied distinctions are:
i). Individual & Collective disputes
ii). Disputes of Rights (Complaint) &
Dispute of interests

140
 Individual & Collective Disputes
 An Individual Dispute: When it involves a
single worker or a number of workers as
individuals.
 A Collective Dispute: when the dispute
involves a number of workers. However,
an individual dispute can develop into a
collective dispute, particularly where a
point of principle is involved and taken up
by a trade union.

141
 A Dispute of Right/Complaint
 This is a dispute concerning the violation
of or interpretation of an existing right
embodied in a law, collective agreement or
individual contract of employment. i.e.
Breach of any provision of ELRA, 2004
 Its core is an allegation that workers or
group of workers, have not been afforded
their proper entitlement(s).

142
 Dispute of Interest

 A Dispute of Interest is a dispute which

arises from differences over a
determination of future rights and
obligation, and is usually a result of a
failure of collective bargaining.
 A dispute of interest on the other hand is
a dispute over a labour matter that the
employee does not have a right to.

143
 Examples of Dispute of Interest
 Dispute over what next year‟s wages are going
to be.
 Dispute over shorter working hours or higher
overtime rates.
 Dispute over new retrenchment procedure or
recruitment policy.
 Dispute over compulsory deductions of trade
union dues from non-members
 A dispute over recognition of employers‟
organization
144
 Part II
DISPUTE RESOLUTION PROCESS: MEDIATION

 Definition: Practice by which the services of

neutral third party are used in a dispute as a
means of helping the disputing parties to reduce
the extent of their differences and to arrive at an
amicable settlement or agreed solution.
 Mediation is a process in which a mediator
meets with parties to a dispute either together
or separately and through discussion helps the
parties settle their dispute.
145
 Con‟t …
 Mediation can be achieved by engaging in a
fact finding exercise in which a mediator with
the agreement of the parties to the dispute,
conducts an enquiry into the facts for the parties
in order to assist them in settling the dispute.
 It may be achieved at the request of the parties,
by making an advisory award. This may be
done by way of an informal recommendation
or a formal process.
 The outcome of is not binding on the parties.
146
 Fundamental Principles of Mediation
 It is fundamental principle of mediation that
the parties settle their dispute themselves free of
coercion.
 Mediation process under ELRA is compulsory
only to the extent that a party must at least try
to mediate the dispute before proceeding with
it.
 A party is required only to attend a mediation
hearing convened by the commission. After that
the process is voluntary.
147
 Con‟t …
 Mediation proceedings are private,
confidential and without prejudicial
 All disputes referred to the commission
must be mediated. Mediation is a
compulsory stage in the processing of
labour disputes.
 There are four stages:- Introduction,
Information gathering & analysis of the
dispute, development of consensus and
Conclusion.
148
 1St Stage: Introduction
 The purpose of this stage is to create a climate
conducive to the solution of the dispute. This is
done by mediator by, reading the referral
documents, welcoming parties & introducing
himself/herself.
 2nd Stage: Analyze the Dispute. Mediator does
this by- inviting each party to tell their story;
allowing each party to ask a question,
summarizing the issues in disputes and the
problems that need to be addressed.
149
 Part III
DISPUTE RESOLUTION PROCESS: ARBITRATION

o Arbitration is a process in which a neutral

person appointed as an arbitrator for resolving
a dispute makes a decision that determines the
dispute between the parties. It is similar to
adjudication although it is less formal as the
arbitration process is quasi-judicial and not
adjudicative.
o An arbitrator need to be fair, accessible, time
conscious, prepared, consistent, transparent,
expert, confidential, of good conduct, impartial
150
 Dispute Requiring Arbitration
o A complaint over:- fairness of an employee‟s
termination of employment; Any other
contravention of labour law/breach of contract;
Any dispute referred for arbitration by LC.
o A dispute of interest if the parties to the dispute
are engaged in essential services;
o Parties may agree voluntarily to put the dispute
under voluntary arbitration. The rest of
disputes referred for arbitration are under
compulsory arbitration.
151
 Representation
o The CMA has no power to allow any other
person other than:- A member/Official of the
party‟s trade Union or employer‟s association
or an advocate.
o Jurisdiction: CMA must have jurisdiction to
arbitrate a dispute before embarking on the
procedure. As the general rule a dispute must
first be mediated by CMA before it is
arbitrated. Thus mediation is one of the fact
relating to jurisdiction that must be established
152
Arbitration Hearing
o Arbitration must contain the following
stages:-
o Opening statements by the parties and other
preliminary matters.
o Presentation of each party of his/her case by
calling witness to testify under oath or
affirmation.
o The cross-examination of witness by the
opposing parties
o Closing arguments by the parties.

153
Institutions for Settling Labour Disputes
 The Commission for Mediation &
Arbitration [CMA] which stands for
Mediation, Arbitration and the Labour
Court which stands for Adjudication.
 The Labour Institutions Act of 2004
establishes the above mentioned Organs.
 The ELRA of 2004 provides for the
procedures to be used in settling some
Labour disputes.
154
 Commission for Mediation and Arbitration
[CMA]
 Established under S.12 of the LIA. Its
composition is: S.16
 S. 14 – Function of the Commission
 S. 15 – Powers of the Commission
 Mediation is a practice by which a service
of a neutral third party are used in a
dispute as a means of assisting parties to
reduce the extent of their differences and
155
 Con‟t …
And to arrive at an amicable settlement or
agreed solution.
 Mediation aims at bringing about the
speedy settlement of disputes without
resorting to strikes and lockout.
 Mediator may meet parties together/
separately & may engage in a fact-finding
exercise

156
 Con‟t…

 Mediation under the ELRA is compulsory

only to the extent that parties must at least
try to mediate the dispute before
proceeding with it. After that the process is
voluntary. Read S. 86
 Arbitration is a process of resolving
disputes in which a person independent of
the parties determines the dispute for them

157
 Con‟t…
It is very much like a court except that
arbitration is more informational and less
adversarial in the manner which the hearing
is concluded.
 Arbitration may be voluntary i.e. where
parties refers the dispute to an arbitrator
on their own; or Compulsory i.e.
provisions under S.88

158
 Adjudication: The Labour Court
 A formal procedure for dispute settlement
involving a hearing by a judge in a court of
competent jurisdiction who decide the
dispute for the parties. The Labour Court is
established under s.50 of LIA.
 Labour Court has exclusive jurisdiction
over the application, interpretation and
implementation of the ELRA, and over any
other matters reversed for its decision by
the labour laws.
159
 Con‟t …court‟s Jurisdiction
o Court may also review or revise arbitrators‟
awards and decisions of Essential Services
Committee; review of decisions, codes,
guidelines or regulations made by the Minister
under the ELRA, dispute reserved for decision by
the labour court under ELRA and applications
including declaratory orders and injunctions.
o Initial Proceedings: A party initiating referral
proceedings to court must file a statement of
complaint by handing a copy of document to
the person to be served.
160
 Con‟t …
o Pre-trial Conference:
o After referrals the parties to the proceedings
have to hold a pre-trial conference in presence
of registrar or labour court/mediator attached
to court and may take within 15 days.
o Witness Summons:
o Any party who requires a witness to attend any
proceedings to give evidence on his behalf may
have a summons issued by the registrar for that
purpose.
161
 Essential Service Committee [CMA]
 S. 29 of the LIA provides for establishment of
the committee. Its function and powers (S.30 -
32)
 The Labour Economic and Social Council
[CMA]
Is established under s.4(1) of the LIA. S.5
provides for functions of the council. Powers of
the Council has been provided as well.
 Wage Board: s.35 of LIA, 2004
162
 Con‟t …
 Appeals from the labour court to the
Court of Appeal are restricted to those
involving points of law only.
 Decision of the Labour Court on matters
of fact and procedure is final.
 If there is conflicting decisions of the
Labour Court, the Labour Commissioner
may refer the matter to A.C on his motion.

163
 Reference
 William F. Simkin (1971): Mediation and
Dynamics of Collective Bargaining, W.DC,
Bureau of National Affairs, Inc.
 ILO; Conciliation & Arbitration Procedure
in Labour Disputes: A Comparative Study –
International Labour Office, Geneva(1980)
ILO; Arbitrator Skills Workshop; Delegates
Manual, ILO Office, Geneva(2004)

164
 Review Questions
 Write short but comprehensive notes on
the following:
(a) Mediation, Arbitration
(b) Disputes of Interest, Complaint
(c) Voluntary & Compulsory Arbitration
 Discuss the powers and function of the
Commission for Mediation and Arbitration
(CMA) of Tanzania.

165
 TOPIC V
WORKERS & EMPLOYERS‟ ASSOCIATION
 Introduction
 This topic deals with the questions of the
freedom of association. The workers have
the freedom to associate with other workers
through trade unions while the employers
are free to associate with other employers
through employers‟ associations.
 But, Where does this right of Association
originate from? Why right of Association?
166
 Sub-topics
 The Genesis of the Right of Association
Concept and Rationale for Trade Unions
and Employers Association
Historical background to the law relating
to trade unions in Tanzania:

167
 Course Objectives
 To impart to the student the knowledge of
the concepts and rationale for employers
and employees associations
To enable the student to identify the
procedures in the formation and the
operation of trade unions and employer‟s
association as an important aspect of
labour law.

168
 Part I
THE GENESIS OF THE RIGHT TO ASSOCIATION
What is Human Right?
Human rights may shortly be defined as those
inalienable rights inherent in human dignity.
Human beings are rational beings. They by
virtue of their being human possess certain basic
and inalienable rights, which are commonly
known as human rights. They are derived from
the inherent dignity and worth of human being.
To have human rights, one needs not to do
anything special than be born a human being
169
 International Position
 Art. 18, 19, 20 of the UDHR, 1948 provides for
right of freedom of thought, Conscience and
Religion, Opinion and Expression, Peaceful
Assembly.
 Everyone shall have the right to hold opinion
without interference. Thus the right to hold an
opinion is an absolute right and no interference
from any source is permissible.
 These rights have been entrenched in our
Constitution for implementation.
170
 Art. 20 - URTC. 1977 Provides:
 Every person has a freedom, to freely and
peaceably assemble, associate and cooperate
with other persons, and for that purpose,
express views publicly and to form and join
with associations or organizations formed for
purposes of preserving or furthering his beliefs
or interests or any other interests.
 It is a duty of the state to protect and promote
these rights because they are absolute.

171
 Part II
THE RIGHT OF ASSOCIATION IN THE ELRA

 Employees‟ Association:
 S. 9 Every employee shall have the right:
- To form and join trade Union;
- To participate in the lawful activities
of the trade union.
 The Act provides restriction on the above
right on certain persons, i.e. magistrates,
Prosecutors and Senior Management
Employees.
172
 Con‟t …
 No person shall discriminate any
employee on the ground that employee:-
- exercises any right under ELRA or any
written law administered by minister.
- Belongs/has belonged to trade union.
- participates/has participated in the
lawful activities of a trade union.
 Contravention of the above is an offence.

173
Employer‟s Association:
 S. 10 –Every employer shall have the right:
- To form and join an employer‟s
Association.
- To participate in the lawful activities of
an employers‟ Association.
 No person shall discriminate against an
employer on the ground that the employer
- Exercises a right under the ELRA,

174
 Con‟t…

- Belongs/has belonged to an employee‟

Association;
- No person shall discriminate an official
or office bearer of E.A. for representing
it or participating in its lawful activities.
- Any person contravening the above
provisions commits an offence.

175
 Rights of the Organizations - s. 11
 Determine its own Constitution;
 Plan and organize its administration and
lawful activities.
 Join and form a federation
Participate in lawful activities of federation
 Affiliate with & participate in the affairs of
any international worker‟s organization or
related or receive financial assistance.
176
 Con‟t…

 Trade union/employer‟s Association shall

register under s.46 of ELRA within 6
Months of its establishment otherwise it
will be an offence for it to operate.
 The requirement for registration as a T.U.:-
- It is a bona fide trade union
- It is an association not for gain
- It is independent of any employer or
177
 con‟t…

Employer‟s association
- It has been established at a meeting of
at least 20 employees;
- It has adopted a constitution and rules
that comply with provision of s.47
- It has adopted a name that does not
resemble the name of another T.U.
- Has address in the URT.
178
Requirements for Registration as an E.A.

- It is a bona fide Employees Association

- It is an association not for gain
- Founded at meeting of at least 4 employers
- It has adopted a constitution/rules that
comply with provision of s.47
- It has adopted a name that does not
resemble the name of another T.U.
- Has address in the URT.
179
 Part III
HISTORICAL DEVELOPMENT OF TRADE
UNION IN TANZANIA
 The colonial economy in Tanganyika relied on
cheap labour from the indigenous people.
People became alienated from their social
networks and increasingly dependent on their
cash income. Collective and organized struggle
on the part of labourers was made possible by
development of small, urban-based permanent
labour force. In response to this struggle,
colonial government thought to control and 180
 Con‟t …
o …. the working class through stringent labour
laws which pladeced the organized struggle at
the mercy of then government.
o The Trade Union Ordinance of 1932 was the
first trade union law in Tanganyika. Although
there were no properly constituted trade
unions, the main of this law was to control,
regulate and supervise trade unions before they
were formed. Registration of trade union was
made compulsory and non-registration
constituted an criminal offence. 181
 Trade Union Ordinance of 1956
o Was passed in order to replace the Trade
Union Act of 1932. The Act retained a
number of provisions of its predecessor.
o The history of Trade Unions in Tanzania
dates back to 1955 when Tanganyika
federation of labour (TFL) was established as
a result of the unity of labourers to oppose
discrimination and bad working conditions
imposed by the colonial settlers on Africans.

182
 Con‟t….
 In 1965, the TFL was disbanded and National
Union for Tanganyika workers (NUTA) was
formed as a mass organization within the
ruling party Tanganyika African National
Union (TANU). This was a subsequent
effect after the adoption of one party system
in 1965.
 In 1977 TANU and Afro-Shiraz party the
ruling party of Zanzibar merged to form
CCM (Chama cha Mapinduzi).
183
 Con‟t …
Following this change the labour
movement also had to change its name to
JUWATA and it continued to be an affiliate
of the ruling party.
 Political changes that took place in Africa
from early 1990s could not leave the
labour movement in isolation. Workers
started to demand freedom and
democratic rights from the ruling party.

184
 Con‟t…

 This was followed by the establishment of

the Organization of Tanzania Trade Unions
(OTTU) in 1991 which was somehow
outside of the ruling political party.
 However the formation of OTTU was to
a large extent abnormal as it was an
umbrella organization without grassroots
free Trade unions.

185
 Con‟t…
 In 1995 workers organized themselves and
formed eleven free Trade Unions under a
new federation named as Tanzania
Federation of Free Trade Unions(TFTU)
which had never been registered. The
eleven Trade Unions were:
 Tanzania Teachers Union (TTU)
 Conservation, Hotels, Domestic and
Allied Workers Union (CHODAWU)
186
 Con‟t…
 Tanzania Union 4 Industrial & Commercial
Workers Union (TUICO).
 Tanzania Local Government Workers
Union (TALGWU)
Researchers Academicians and Allied
workers (RAAWU)
Tanzania Seamen Association (TASU)
Tanzania Railway Workers Union(TRAWU)

187
 Con‟t…
 Tanzania Government and Health
employees (TUGHE)
 Tanzania Plantations and Agriculture
workers Union (TPAWU)
 Tanzania Mining and Construction
workers Union (TAMICO)
 Communication and Transport workers
Union (COTWU)

188
Since TFTU was not legally registered, its
existence together with the eleven Trade
Unions to a large extent depended on
OTTU as it was the only recognized legal
body of Trade Unions.
 In 1998 the act that established OTTU was
repealed and instead a new labour law was
enacted (the Trade Unions Act)which
started operating since July 2000.
189
The repeal of OTTU act gave rise to a
technical dissolution of TFTU. Thus
according to the requirements of the new
act all Trade Unions had to re-register
themselves. All the eleven Trade Unions
mentioned above have been newly
registered and they have unanimously
decided to form a single federation “Trade
unions Congress of Tanzania”(TUCTA).
190
 The federation which is shortly known as
TUCTA started operating from April,
2001 after the first elections which took
place on 28th,April, 2001.

191
 References
 Shivji, I., Law, State and the Working Class
in Tanzania, Tanzania Publishing House,
Dar es Salaam, 1986
 Kapinga, W. and Shaidi, J. “Labour
Relations and the Law in Tanzania” in
Evans, K. & Lovemore, M (ed), Public
Employment in Southern Africa, 1996

192
 Review Questions
 The Right to freedom of Association has
been granted to both employer and
employee by the Employment and Labour
Relations Act, 2004. Discuss
 Discuss how a Trade Union may be
formed, What are the requirements for its
registration?
 Trace the historical development of Trade
Unions in Tanzania.
193
 TOPIC VI
COLLECTIVE BARGAINING

Introduction
collective bargaining essentially signifies
mutual discussions and negotiations
undertaken by organizations of workers
and employers collectively that generally
culminate into an agreement known
variously as a “labour contract” “union
contract” or “collective agreement.”
•
194
 Sub-topics
 Introduction to Collective Bargaining:
 ILO Conventions on Collective
Bargaining and the meaning of
voluntary collective bargaining
 Characteristics of the Subject matter of
Collective Bargaining
 Preparation and Procedures for Collective
Bargaining
•
195
 Course Objectives
 To impart learners with an understanding
of the ILO Convention on Collective
bargaining and its subject matter.
To identify the duty to bargain in good
faith and assist in an understanding of the
need for workers participation and the
binding nature of collective agreement.
Imparting an understanding on the
preparation for collective bargaining.
• 196
 Introduction
 Collective Bargaining is composed of two
words, Collective which implies group action
through its representatives; and Bargaining,
which suggests negotiation.
 Representatives of workers sit together with
representative of employees for:-
 Determining working conditions and terms of
employment; and/or
 Regulating relations between employers and workers;
and/or
 Regulating relations between employers, or their
organization and workers organization.
197
 C.B. Raises at least Five Issues:-
o The right to engage in collective bargaining
o The requirements for trade union recognition;
o The duty that the parties have to bargain in
good faith;
o Their Access to information, and
o The binding nature of their collective
agreements.
The ELRA provides for all these issues which
will be discussed in this chapter.
198
 1. THE RIGHT TO ENGAGE IN COLLECTIVE
BARGAINING
o The right to engage in collective bargaining is
granted to all people whom the ELRA applies.
It applies to all employees including those in the
public service of the government of Tanzania
mainland.
o The Minister in consultation with Labour and
Economic & Social Council determine the
categories of employees who may by virtue of
their employment apply for, and therefore
enjoy, collective bargaining rights.
199
 2. BARGAINING PROCESS
o Bargaining Agents & Organizational Rights:
First procedural step for collective bargaining to
take place is for the parties to recognize each
other for the purpose. S.67(1) – a registered
trade union that represents the majority of the
employees in an appropriate bargaining unit
shall be entitled to be recognized as the
exclusive bargaining agent of the employees in
that unit. S.67(2) empowers the employer to
decline recognition if the above two are not
met 200
 con‟t…
o Recognition as an exclusive bargaining agent
is not automatic even if the criteria set out
above are met. To be recognized, the trade
unions are required to notify the employer in
the prescribe form.
o S.69(1) – where a recognized trade union
ceases to represent the majority of the
employees in the bargaining unit, the
employer shall give the trade union notice to
acquire a majority within three months.
201
 Bargaining Conduct
o Collective Bargaining can only function
effectively if it is conducted in good faith by
both parties. A duty to bargain in good faith is
imposed under s.68 of ELRA. An employer or
employers association shall bargain in good
faith with a recognized trade union. A
recognized trade union as well is required to
bargain in good faith with the employer or
employer‟s association that has recognized it,
under the provision of s.67
202
 3. DISCLOSURE OF RELEVANT INFORMATION
o A trade union cannot bargain effectively with
an employer unless it has access to all the
necessary information for that purpose. For this
reason, labour law imposes on employers an
obligation to disclose relevant information to
the trade unions they are required to bargain
with.
o Rule 56(1) of C.G.P, relevant information is
described as information that is reasonably
required to allow the union to represent its
members 203
 4. COLLECTIVE AGREEMENTS
 Defined under s.4 as a written agreement
concluded by a registered trade union and an
employer or a registered employers‟ association
on any labour matter. For an agreement to be a
collective agreement must be reached by
organized groups of employees (unions) and
employers through formal bargaining structures.
 S. 71 – collective agreement is legally binding
on:- parties to agreement; members of the
parties to agreement; all non – members of a
trade union party to A.
204
5. UNION SECURITY ARRANGEMENT: AGENCY SHOP
AGREEMENT
 S.72(9) – define agency shop as a union shop
arrangement in terms of which employees in a
bargaining unit, who are not members of the
recognized trade union, are required to pay and
agency fee to the union.
 A Closed Shop: Is an arrangement whereby
employee in an occupation or a bargaining
union must belong to the union and every new
employee must join the Union within a
specified time to commencing employment.
205
 6. WORKPLACE FORUMS
 Refers to one of the forms of workers
participation in the organization. The concept
of workers‟ participation itself has been defined
as a style of management, which allow
employees either individually or collectively to
meaningful participation in and contribute to
the decision making and running of the co.
 CMA has a mandatory duty to facilitate any
discussion concerning the establishment of the
forum for workers participation in any
workplace. 206
 Preparation and Procedures for Collective
Bargaining
 Gathering information: It is critical as it
involves understanding issues from both
parties. The earlier the gathering before
negotiation, the better the outcome of C.B
 Planning the Approach to the Process:
- What would my party like to achieve
on the issue?
- What does my party think it will…
207
 Con‟t…

 The range between what you would like

to achieve and what you must achieve to
meet your interest constitute your
bargaining range.
 Employer may offer 5% increase, but
knows will not be accepted by the union &
is actually prepared to give 8% increase.
The bargaining range is thus 5% - 8%.

208
 References
 Michael Salmon (2000) – Industrial
Relations – Theory and Practice, 4th
Edition, Prentice Hall, United Kingdom.
Dr. C.B. Gupta (2004) – Human Resources
management – Sultan Chand & Sons, Delhi
A.W. Gottchalk, (1973) The Background to
the Negotiating Process, in D. Torrington
(ed) Code of Personnel Administration,
Gower Press
209
 Review Questions
• Write short but comprehensive notes on
the following:
• Bargaining, Bargaining Unit
• Duty to Bargain in good Faith
• Agency Shop
• In your view what do you think will
happen to the industrial relation in a place
where there is denial of collective
bargaining?
210
 TOPIC VII
STRIKES AND LOCKOUTS
 Introduction:
When the workers fail to secure a solution to
their grievances and fulfilment of their
demands by peaceful negotiations with the
employer, they try to force the employer to
come to a settlement by temporarily
withdrawing their services in the form of a
strike.

211
 Sub-topics

 Introduction to Strikes and Lockout:

Meaning, right and restriction to strike and
lockout
 Procedure for engaging in a Lawful Strike
 Procedures for engaging in a Lawful
Lockout

212
 Introduction
o The role of strike and lockout in collective
bargaining as the core right of employer and
employees, is to resolve matters of mutual
interest between themselves without outside
interference.
o Strikes and lockouts are forms of lawfully
sanctioned economic pressure in order to
resolve disputes of interest between employers
and their employees. They are temporary
application of pressure in a collective bargaining
process.
213
 Con‟t….

 Strikes and Lockouts are one of the

methods adopted by workers and
employers respectively to settle their
differences.
 When workers fail to secure a redressal of
their grievances and fulfillment of their
demands by peaceful negotiations with the
employer, they try to force the employer
to come to a settlement by temporary
214
Withdrawing their services in the form of a
strike.
 Strike has been and is the main weapon in
the weapon store of labour to achieve its
goals. Employers resort to lockouts.
 Strikes and Lockouts are not disputes in
themselves, they are just one way of
settling disputes for the time being.

215
Definition
 Strike is a concerted and temporary
cessation of work by workers with a view
to furthering or protecting their interest
and rights in general and securing a
fulfillment of their specific demands.
 S.4 of ELRA definition of Strike
 Strike is a weapon available of the
employees for enforcing their industrial

216
Demands, a lockout is the weapon available
to the employers to persuade by a coercive
process the employee to see his point of
view and to accept his demands.
 Lockout is the counterpart of strike, the
corresponding weapon in the hands of the
employer to resist the collective demands
of the workmen, or to enforce his terms.

217
 Rationale of the Right to Strike & Lockout
 The right to strike is generally seen as a
necessary element of collective bargaining
because it corrects the inequality inherent
in the employment relationship.
 There can be no equilibrium in industrial
relations without the freedom to strike.
 Denying workers right to strike is not a
solution to a problem but may b a disease.

218
Restriction on the Right to Strike & Lockout
 The right to strike as enshrined in ELRA is
not absolute one but a restricted right.
 The following are restricted: S. 77,76,79
- Persons engaged in essential service
- Person engaged in minimum service
- Magistrates, prosecutors and other
court personnel.

219
 Procedures for engaging in a Lawful Strike
 In order to have a lawful strike, following
procedures must be fulfilled.
i). The dispute in respect of the strike
must be a dispute of interest.
ii). The dispute must have been in the
prescribed form to the
Commission for Mediation and
Arbitration and remained unresolved

220
Owing to the failure of the Commission to
do so at the end of period of mediation.
iii). The strike must be called by a trade
union and a ballot has to be
conducted under the trade union‟s
constitution in which a majority of the
voters, vote 4 the strike to be lawful.

221
 iv). The employees/trade union must have
given a 48 hours notice to their
employer of their intention to strike
after the failure by the commission to
resolve.
 S.81 – Secondary strike: a strike either in
support of the primary strike by other
employees against their employer.

222
 Procedure for a Lawful Secondary Strike
o S. 81(2)- A trade union may only call a
secondary strike if:-
o 14 days notice of the commencement of the
secondary strike has been given to the sec. Emp.
o There is a relationship between the secondary
employer and the primary employer that may
permit the exercise of pressure;
o secondary strike is proportional taking into account
the effect of the strike on the secondary employer
and the possible effect that the strike may have on
resolving the dispute giving rise to the primary strike
or primary lockout. 223
 Lockouts
 A Lockout is a remedy of an employer.
Lockout is a total or partial refusal by one
or more employers to allow their
employees to work, if that refusal is to
compel them to accept, modify or
abandon any demand that may form the
subject matter of a dispute of interest (s.4)

224
 Procedures for a Lawful Lockout
1). The dispute must be a dispute of interest:
2). The dispute must have been referred to
the Commission in a prescribed form
and the Commission must have failed
to resolve the dispute within the
prescribed time.
3. The employer must have given a 48
hours notice of intention to their employees.

225
 Con‟t…

 S.80(4), 81(4) and 82(2) the procedure

will not apply if certain conditions happens
 Protest Action: Is a right granted to an
employee under S.85 of the ELRA. It is a
total or stoppage of work by employees
for the purpose of promoting or defending
the interest of workers but not for the
purpose of strike/lockout…(S.4)

226
 Procedures for Lawful Protest Action
 The protest action has been called by a
registered trade union/Federation/Trade
Union
 Trade union/Federation has served a
notice on the council stating the reasons
for the protest action and the duration.
 Thirty days have elapsed from the date
the notice was served….

227
 References
R.E. Walton, J.E. Cutcher – Gershenfeld &
R.B. Mackersie, Strategic Negotiations: A
Theory of Change in Labour Management
Relations, Harvard Business School Press.
(1994)
A.W. Gottchalk, The Background to the
Negotiating Process, in D. Torrington (ed)
Code of Personnel Administration, Gower
Press. (1973)

228
 Review Questions
“Every employee has the right to strike in
respect of a dispute of interest…,” S.75(a)
of the Employment and Labour Relation
Act of 2004. Discuss
 The right to strike as enshrined in ELRA is
not absolute but a restricted right. Discuss
 What is Lockout ? Discuss the procedures
for lawful Lockout

229
 TOPIC VIII
SOCIAL SECURITY LAW OF TANZANIA
• Introduction:
• Social security sector in Tanzania has a long
history even before the coming of colonialists.
Traditionally most of the Tanzanians practice an
informal and traditional social security systems
built on family and/or community support. In
times of contingencies such as famine, diseases
and old age, individuals have depended on
family, clan members or members of the
community for assistance in the form of cash/kind

230
 Sub-topics

 The Concept and Right to Social Security

i.e. Meaning, the right to social security
 Traditional and Informal Social Security
i.e. Domestic Groups, The Chief, etc.
 Formal Social Security Schemes in Tanzania
i.e. Pension, Provident Funds, Social
Security Schemes

231
 Course Objectives

At the end of this lecture learners are

expected among others:
 To discuss the meaning and importance of
social security
 To identify the traditional and social
security schemes existing in our society
 To discuss and analyze the formal social
security programmes in Tanzania

232
 Concept and Right to Social Security
• Much of the literature on social security in
Tanzania has defined social security as the
protection provided by society to its
members through public measures against
the economic and social distress which
otherwise would be caused by the
stoppage or reduction of earnings arising
from contingencies.

233
 Cont…

• In most cases the contingencies are

associated with either the temporary or the
permanent loss of income. Examples of
contingencies which could cause economic
and social distresses include sickness,
employment injury and occupational
disease, maternity, old age, invalidity,
death and unemployment.

234
Cont….
Criticism: Such a definition does not
adequately fit the socioeconomic context
of developing countries such as Tanzania. It
also provides limited guidance to effective
poverty alleviation.
Most people in Tanzania are faced with
insecurity caused by chronic or structural
poverty: This insecurity arises mainly from
insufficient economic development.

235
Cont….
• But the removal of chronic social insecurity
faced by the poor does not remove the
social insecurity associated with risks
emanating from conventional
contingencies such as loss of employment,
disability, old age and death.
• An attempt to define social security should
therefore take into account the basic needs
definition of social security which portrays
the situation in Tanzania.
236
 THE RIGHT TO SOCIAL SECURITY
 There is only limited information on the
right to social security in Tanzania. Social
protection is a human rights issue.
 Tz has not ratified the ILO conv. No 102 on Social Security
 According to Article 22 of the Universal
Declaration of Human Rights of the 10th
December 1948 everyone, as a member of
society, has the right to social security. The
State therefore is obliged to ensure a
minimum standard with material welfare
237
Cont…..
to all its citizens on a basis wide enough to
cover all the main contingencies of life. This
includes general basic social support for all
citizens, regardless of contribution or
employment.
 In Tanzania, the right to social security for
all citizens is stipulated in the Constitution of
the United Republic of Tanzania of 1977, as
amended in 1984, 1995 and 1998.
 Article 8(1)(b) and 9(c),(i) &(j)
238
Cont…..
 Some of these rights include the right to
social welfare at times of old age, sickness/
disability and in other cases of incapacity.
 The reason this right is not conferred to
citizens is due to a shortage of financial
resources.
 Lack of accountability, a lack of
prioritization and deficiencies in the
enforcement of these rights have denied
people their rights to social protection.
239
 Cont…..
 This right has not been realized because of a
lack of awareness on the part of the members
of society.
• The second right to social security is the right
to live and to protection of life by society.
Despite the existence of this right, many
people have died from sickness, hunger and
floods. Many people still live in sub-standard
housing. Art. 14 Provides.. Every person has the right to
live and to the protection of his life by the society in
accordance with law.
240
 Thirdly, Contributors and beneficiaries of
various social security schemes do not have
an opportunity to influence the decision-
making process and to monitor the
administration of social security schemes.
Members and contributors are not given on
how best their contribution can be used to
benefit them. i.e, Government has frequently
used these fund to invest if various project and
other activities.
241
 TRADITIONAL AND INFORMAL SOCIAL SECURITY

 Institutions of traditional social security in

pre-colonial Tanzania, were:
(i) Domestic groups: which live,
produce and consume together
(ii) Kinship organizations: (lineages,
clans)
(iii) The neighbourhood: and
(iv) The chief.

242
Cont….

In the past there was mutual assistance and

economic co-operation among these
groups and each was obliged to help the
other in case of special difficulties or during
ceremonies.
The changes that took place during
colonial period and after Independence
have led to significant changes in the
traditional social security practices.
243
Cont……
Studies conducted in the 1980s and 1990s
show that the domestic group (family
institution) still provides support to close
relatives only. Even the family as a social
security institution is increasingly failing to
provide sufficient protection to its
members against various contingencies.
 This has led to the proliferation of other
forms of informal social security systems. In
urban areas i.e. Upatu etc.
244
 THE ORIGIN AND DEVELOPMENT OF FORMAL SOCIAL
SECURITY IN TANZANIA

Formal social security in Tanzania can be

traced back to the period of colonial
penetration, i.e. Germans (1885-1918) and
British (1918-1961), when a new political
system was established alongside the
introduction of plantations
 Imposition of head and hut tax forced the
African people either to migrate into various
economic enterprises or to participate in cash
crop production.
245
 Cont….

some social security measures were

introduced, such as pensions schemes,
compensation payments to workers injured
while performing their duties,
 Distribution of food to rural population
during years of poor harvest and the
provision of health services and education for
serving colonial government officials, thus
forming a nucleus of the present formal social
security system.
246
Cont….

The formal social security in Tanzania was

initiated by the colonial administration and
not the result of pressure from African
political leaders and workers. These
measures were initiated in the medical
field, followed by old age pension schemes
and, later, by workmen's compensation
schemes.

247
Cont…
From Independence in 1961 up to the late
1980s, the post-colonial State pursued
policies that led to political, economic and
social changes in the country. i.e. the
development of agriculture, industry, the
expansion of education & health fund &
settlement into the Ujamaa Villages.
These changes had an impact on the
development of formal social security
schemes.
248
 Social Security Programmes in Tanzania
Today [Formal]
 Studies that have investigated the nature
and forms of formal social security systems
in Tanzania reveals that social security
systems in Tanzania are organized
according to three major principles;
(1) Social Insurance,
(2) Public Support and
(3) Social Assistance.

249
Cont….
 Other principles include the principle of
obliging an employer to grant security and
the principle of compulsory saving.
Social Security Programmes in Tanzania
today have been of diverse nature and
they are composed of:-
• Pension Schemes
• Provident Funds Schemes
• Social Security Scheme
250
THE PENSION SCHEMES
Pension schemes aims at assisting employee
after retirement from employment. The
truth is that an employee he has a pay
because he works, so when he stops
working the earning fly away.
 The pension schemes objectives are to fill
the gap which occurs after retirement.
There is a difference between pension and
gratuity.

251
Cont…
Pension is paid annually while a gratuity is
paid in lump sum upon the retirement.
 Originally, pension used to be regarded as
an old age payment but as time goes
pension has been given not only as an old
age payment but also in the happening of
other events such as suffering an invalidity,
becoming sick & failing to continue with
employment.

252
1. Public Service Retirement Benefit Act, 1999
 The Act applies to all Govt. employees in
Tz. & those employed by Executive
Agencies established under an Act of
Parliament.
 An Act to establish the Public Service
Pensions Scheme, to provide for
contributions to and payment of pensions,
gratuities and other benefits in respect of
the Service of officers in the Government
and to provide for the related matters.
253
2. Parastatals Pension Scheme Act, 1978
This law was passed when public sector
was the leading employer in the economy.
It established scheme for employees in a
permanent employments with the public
parastatals only.
 In 2001 was highly amended with the
country changing from planned economy
to free-market economy shifting the Govt.
from the major employer into a regulator.
254
 3. The Political Service Retirement Benefits
Act, 1999
 This law covers all leaders including the
President, Vice President, Prime Minister,
Ministers, Deputy Ministers, The Speaker of
the National Assembly, Assistant speaker,
Members of Parliament, Regional
Commissioners and District Commissioners.

255
 PROVIDENT FUND SCHEMES
 Provident schemes aimed at covering the
non- pensionable employees. Employees
has to prepare themselves by saving for the
time after retirement. Types of Schemes:
(i) Government Employees Provident Fund Act,
2002 R.E. Established a fund for the benefit
of the Govt. employees who were not in
pensionable offices.
(ii) Local Authorities Provident Fund, 2000
benefit of the non-pensionable officers and
employees of the local government.
256
 3. SOCIAL SECURITY SCHEMES
Social security schemes are more important
than private insurance schemes because it is
the society itself which tries to protect itself
internally, through obligatory schemes
against a dis-functional effects of income
interruption.
 This is done so to prevent the citizens
from being a burden on the rest of the
society. Increased unemployment raises the
need for social protection.
257
 1. The National Social Security Fund, 1997
In 1997 there was a change from the National
Provident Fund scheme (NPF) to the National
Social Security Scheme (NSSF). The NPF Act was
repealed by NSSF Act.
 NPF was created for dependent workers who
had a regular income and employers who could
be obliged to pay contributions directly to the
social security institutions.
 NSSF included the self employed so long as
they could contribute
258
 Factors that Led to the Replacement
1. Social Economic and Political Changes in
1980‟s to 1990‟s. Multipartism, Liberalization
as a policy, the government retrenched
10,000 civil servants in 1995/6. This caused
NPF to pay substantial amount of terminal
benefits.
2. Fragmentation of Social Security Scheme:
i.e. NPF reported to Ministry of finance and
the Local Authorities Provident Fund

259
 Cont‟…
reported to the prime minister. This
fragmentation of social; security schemes needed
rectification.
3. Poor Institutional Framework: Since 1964 to
1990 benefit processing and payment functions
were centralized at the NPF HQ. This led to
inconveniences to its members. In 1991 the
system was decentralized leading to 11 paying
centres scattered through regional office but
members acc. Were not updated in time.
260
 Cont‟…
Failure to Meet the ILO Standards: NPF
scheme was short of ILO standards for
minimum social protection. The standard
which stipulated that, cash benefits should be
in the form of periodical payments and not
lump sum payments.
5. Other Reasons: Weakness of NPF as a
means of providing protection against
contingencies. i.e. lacked principles of
insurance
261
 Membership into Social Security Fund

Membership in the schemes is divided into

two parts:
 Compulsory membership
 Voluntary membership

262
 i. COMPULSORY MEMBERSHIP
It happens in a circumstances where on
employment, the employee automatically
become a member in a particular scheme.
This means that an employee becomes a
member in a scheme merely because of the
employment that he secures. It is
compulsory during the whole tenure of
employment.
 Laws that offers compulsory memberships
include the following:-
263
1. Public Service Retirement Benefit Act, 1999

Section 5 of this law provides that, all

employees who have been confirmed in
the pensionable offices are regarded as
members of this scheme.
 Pensionable office: means an office in the
Service to which any person has been
appointed or promoted on pensionable
terms and that office shall be deemed to be
a pensionable office.
264
 2. Political Service Retirement Benefit Act,
1999
Membership to this post is compulsory as
well since on appointment to a political
post a particular person becomes a
member.
 S. 4 define a leader as a person who has
ever served or is serving as the president,
vice president, prime minister, depute
minister, speaker, deputy speaker, MP, RC.
Or District Commissioner
265
 3. The National Social Security Fund Act, 1997
Membership to this fund is compulsory to all
employees employed in the private sector or in
the central government but who are not
pensionable or covered by the parastatals
Pension Fund Act, 1978.
4. The National Health Insurance Act, 1999 [NHI]
Membership to this fund is compulsory to every
employee in the public sector except those
exempted as provided in the Act.

266
 5. Local Authority Provident Fund, 2000

Membership to this fund is compulsory to

every employees in the Local Authorities
and the associated institutions such as the
employees in the local government loans
board and the employees in this fund.

267
 ii. VOLUNTARY MEMBERSHIP

Becoming a member of a fund/scheme can

also be voluntary. An employee may
choose a fund or a scheme in which to
belong. It is only possible for such
employees who are not by virtue of their
employment are required to be in a
particular scheme/fund. Some of the
voluntary schemes may be found in the
following laws:-

268
 1. (i) Parastatals Pensions Scheme, 1978

2001 Amendments made it possible for a

person to choose to be a member under
this scheme by his own choice. The word
parastatal was taken to include any person
who has chosen to become a member.
 Thus, any person who is not covered by
any other scheme may become a member
in this scheme.

269
ii. Local Authority Provident Fund Act, 2000

• There are both voluntary and compulsory

membership under this law. The
Compulsory membership is for those
employed by the local government as
previously discussed. However, any
person who is not covered by any other
scheme may become a member in this
scheme.

270
 WHAT ARE THE SOURCES OF THE
SCHEMES FUND ?
Benefits are offered in monetary terms.
The funds are regarded as financial
institutions which also are involved in
various projects/ investments which need
money.
 Social security funds may get their finance
from the Consolidated Fund or from the
contribution of their members.

271
 THE CONTRIBUTORY SCHEMES
The schemes of this nature are increasing in
number as it seems they are better than
non contributory schemes.
 They depends on the contributions of
both the employer and the employees for
their existence. It includes; those under
Public Service Pensions Fund, the
Government Employees Provident Fund,
Local Authorities Provident Fund, NSSF, &
NHI Funds
272
 The Role of the Employer and Employee

In contributory schemes the roles of an

employer are stated to be among others:
To make sure that their employees are
registered under the funds.
 To contribute & remit both their contributions
and the contributions of their employees to
the funds.
The role of an employee is to contribute to a
particular fund in which they are registered.

273
o The laws governing these schemes in
particular provide for procedures of
making the contribution, time for remitting
the contributions, amount to be
contributed and remitted as well as the
penalty to be issued in case of non
adherence to the law or refusal or failure
to contribute or to remit the said
contributions.

274
1. Public Service Retirement Benefit Act, 1999
 Employer has three roles:
To deduct the contribution of the employee
from the salary of that employee.
 To contribute to the fund (i.e. 15% of the salary
of the employee).
 To remit the contributions to the fund every
month without delay. An employer who gives
false statements/ documents intentionally
commits a criminal offence. He who fails to pay
his contributions in time/prevent functioning of
an officer commit an offence.
275
 2. Parastatal Pension Scheme, 1978
The system under this law does not differ much
with the one above.
 Both employer and employee has the duty to
contribute to a Fund established under this law
(PPF).
 The Law empowers the minister to determine
the rate of contributions and publish in the
governmet. Gazette. Employer‟s contribution is
at 10% of employees salary & the employees is
5% of their salary.
276
 3. The National Social Security Fund Act, 1999
Employer & Employee has to contribute to the
fund every month. The employer has 4 roles:-
 To make sure he together with his employees are
registered under the fund.
 Duty to contributing 10% of his employee‟s salary
to the fund as required by law.
 Duty to deduct 10% of employees salary as
employees contribution to the fund.
 Duty to remit his contribution with that of
employee at the end of every month

277
4. The National Health Insurance Act, 1999
Establishes the National Insurance Fund.
Employer are required to contribute to the
fund a sum equal to 3% of the employee‟s
salary while the employee contribute 3%
of his every monthly salary.
 Contributions are remitted to the treasury
since the employees covered are
government employees whose salaries are
paid by the treasury.

278
 5. The Local Authorities Act, 2000
Establishes the Local Authorities Provident
Fund. Employees covered by this law are
called depositors while the employers are
known as contributing employers.
 Employees (depositors) are required to
deposit 5% of their salaries every month
to the fund. Employer has a duty to
deposit 15% of the employees salary of
every monthly.
 It is crime to furnish false documents..
279
 CONDITIONS AND BENEFIT
Although benefits are right of a member of
a particular fund or scheme there are many
factors to be considered before they are
awarded depending on a particular fund or
scheme.
 Every scheme differs from the schemes in a
number of ways in as far as number of
benefits, the amount in respect of a benefit
and the conditions for their realization are
concerned.
280
(i) Public Service Retirement Benefit Act, 1999

The benefits obtainable include the

pension, gratuity, invalidity payments,
survivorship payments, sickness and funeral
benefits and withdrawal benefits.
 The benefits under this law are given as a
right to a member and not a privilege.

281
(a) Pension:
Pension is an old age benefit available to
an employee after retirement from
employment.
 Conditions for granting pension under this
law are that a member must have retired
and the Director General is satisfied that
this employee was in regular employment.
 The retirement age is 55 years but
employee may continue until 60 years
which is a compulsory retirement age.
282
(b) Death Gratuity
Where an employee dies while in service,
the Board shall give a certain amount of
money to his legal representative, which
does not exceed either his annual
pensionable emoluments or his commuted
pension gratuity, if any.
 Other benefits obtained under this law
include:- Survival‟s Benefit, sickness benefit,
funeral benefit, Invalidity Benefit.

283
(ii) The Parastatal Pension Scheme Act, 1978
The Law provides for pension, Gratuity,
withdrawal benefits and survivors benefits.
Pension:
Conditions includes the attaining of 55 years
or retirement on the grounds of sickness,
compulsory retirement, removal for public
interest etc. A member must have been in
service on a pensionable office for not less
than 10 years.
284
Gratuity
A lump sum payment made to an
employee on retirement. Conditions are
similar to those of pension above.
 Where an employee would have been
eligible for pension but only that he has
not served for 10 years, he may be entitled
to a gratuity of not smaller than the total
of his contribution to the fund together
with the compound interest of 5% per
year.
285
Death Gratuity
Benefit given when a member dies in
service of public parastatal. Paid to legal
personal representative of the deceased.
Survival Benefits:
Granted to dependents of member who had
completed not less than 10 years in service of
a pensionable office after his death. Such
dependents are:- husband/wife of the
deceased.

286
(iii) Political Service Retirement benefit Act, 1999
Benefits obtainable includes, the pension,
gratuity, winding up allowance and many
others offered to political servants.
 These benefits differ in terms of
application, the post held and the amount
to be payable to a particular member.
 Conditions: retirement from a political
office retirement of medical grounds,
abolishment of an office and death.
287
(iv) Local Authorities Act, 2000
Benefits obtainable includes a total of the
amount available in the account at the
time of retirement or on attainment of old
age of retirement or whole amount to
dependents where employee dies in service
(v) The National Health Insurance Act, 1999:
Health benefits are available to public
servants, his spouse, dependent children up
to four children.

288
Conditions: employee must have
contributed for more than three months.
Upon retirement the employee shall enjoy
services for three months, then he will
cease to be a member.
 Benefits shall not be paid in the following:
Health care services/drugs not prescribed in
an accredited health facility, cosmetic surgery
Illegal abortions, attempt suicide, eye lens,
etc.
289
(vi) The National Social security Fund Act, 1999
Part V deals with benefits. S.21 gives a
summary of benefits. NSSF aims at taking care
of the employee who becomes a member
from the time he get employed, retire and
die.
Retirement Pension:
Payable to a person who attain pensionable age
& Not less than 180 monthly contributions has
been paid i.e. 15 years of contribution & 60
years of age.
290
Invalidity Pension
S. 28 Invalidity pension is payable to an
insured person is suffering from permanent
invalidity, is under pensionable age, either
has made 180 contributions or at least 36
monthly contributions have been paid.
 S. 28(2) – permanent invalidity means
permanent loss of two thirds or more of
the earning capacity because of physical or
mental invalidity.

291
Survivors‟ Pension
Condition for an award of this pension is
that the deceased would have been
entitled to pension himself.

Retirement and Invalidity Grant:

S.37 – Where an insured person qualifies for
retirement pension or invalid pension he
shall be entitled to a lump sum payment
before getting monthly payment.
292
Funeral Grant
S.38 – A grant given as reimbursement to a
family member who incurred expenses for
the burial of the deceased insured person.

Employment Injury Benefit:

S.39-40: There is no conflict between NSSF
Act, and the workers Compensation
Ordinance. One cannot enjoy benefits from
both benefits.

293
Health Insurance Benefit
S.41 – 42: Available after the insured
person has contributed for the fund for a
minimum of three months before the
medical contingency. Spouse & 4 siblings
Maternity Benefit:
To an Insured person who has made at least
36 monthly contribution of which 12 are
made in 36 months prior to date of
confinement and upon receipt of Director G.
of medical certificate from accredited …
294
 MEMBERSHIP TO SOCIAL SECURITY SCHEMES
IN TANZANIA
• Membership to Social Security Schemes in
Tanzania as it was in many other British
colonies in Africa is and continues to be not
automatic or available to every member of the
society depending on the coverage of the
particular scheme. In Tanzania the
government has recognized the need for
reform to take place within national strategy
to ensure coverage and consistency.
295
• . This lecture throws a light on the
membership to social security schemes
in Tanzania which is normally divided
into compulsory and voluntary
membership patterns

296
 THE SOCIAL SECURITY LAWS (AMENDMENTS)
ACT, 2012
• An Act to amend social security laws
with a view to strengthening regulatory
functions and supervisory powers of
the Social Security Regulatory Authority
on the social security schemes.

297
 Local Authority Provident Fund, 2006 (LAPF)

• Local Authority Provident Fund of 2006 which

establishes the LAPF Scheme used to provide
a compulsory membership to every employee
in the Local Authorities and the associated
institutions such as the employees in the local
government loans board and the employees in
this fund, section 2(1).

298
 (2012 – Amendments)
• The Act applies in mainland Tanzania
in relation to a person who is:-
• Employed in the formal or informal
sector and
• Self employed, other than a person
who is registered or insured under any other
written law.

299
 "formal sector"

• means the sector which includes

employers and employees who have
entered into a construct of
employment or apprenticeship or any
other contract contemplated in the
definition of employee;
300
 informal sector

• means the sector which includes

workers who work informally and who
do not work in terms of an
employment contract or any other
contract contemplated in the
definition of employee;
301
 "self employed"

• means a person who does not work in

terms of contract of employment or
apprenticeship or any other contract
contemplated in the definition of the
term employee."

•
302
AMENDMENT OF THE NATIONAL HEALTH INSURANCE
FUND ACT, (CAP.395) - THE NHIF SCHEME

• Formerly...The National Health Insurance Act

of 1999 which establishes the NHIF Scheme
provides a compulsory membership to every
employee in the public sector except those
exempted as provided in the Act, section 2(1).

303
 employee" means an individual who-
• (a) has entered into a contract of employment; or
(b) has entered into any other contract in which
the individual undertakes to work personally for
the other party to the contract the other party is
not a client or customer of any profession,
business, or undertaking carried on by the
individual; or
• (c) is deemed to be an employee by the Minister
under section 98(3) of the Employment and
Labour Relations Act; or '
304
• (d) is deemed to be an employee in
accordance with section 61of the
LabourInstitutions Act."
• "formal sector" means the sector which
includes employers and employees who have
entered into a contract of employment
apprenticeship or any other contract
contemplated in the definition of the term
"employee";
305
• "member" means any person or
employee employed in the formal or
informal sector or self employed within
Tanzania mainland, registered or
insured under this Act;

306
 AMENDMENT OF THE NATIONAL SOCIAL SECURITY
FUND
ACT, (CAP. 50) – NSSF SCHEME
• Formerly ... The National Social Security Fund
Act of 1997 which establishes the NSSF
Scheme provides compulsory membership to
all employees employed in the private sector
or in the central government but who are not
pensionable or covered by the parastatals
Pension Fund Act, 1978.

307
 2012 – Amendment
• …employee" means an individual who has
entered into a contract of employment; or has
entered into any other contract in which:
• (i) the individual undertakes to work
personally for the other party to the contract;
and
• (ii) the other party is not a client or customer
of any profession, business, or undertaking
carried on by the individual; or
308
• (iii) is deemed to be an employee by the
Minister under section 98(3) of the
Employment ,and Labour Relations Act;
• (iv) is deemed to be an employee in
accordance with section 61 of the Labour
Institutions Act.
• "formal sector" means the sector which
include employers and employees who have
entered into contract of employment or
apprenticeship or any other contract;
309
• "informal sector" means the sector
which include workers who work
informally and who do not work in
terms of an employment contract or
any other contract.

310
 APPLICATION OF THE SCHEME

• 6.-( 1) This Act shall apply in Mainland

Tanzania in relation to a person who is:
• (a) employed in the formal or informal sector;
and (b) self-employed, other than a person
who is registered or insured under any other
written law.
• (2) Every insured person shall be issued with a
registration number upon registration."

311
• S. 18 – Every statutory contribution due to
the Fund may be recovered by way of a
summary suit under Order XXXV of the Civil
Procedure Code at any time after the date on
which it is due.
• (2) Where an offence is committed by reason
of non-payment of statutory contribution, no
prosecution shall be commenced without
consent of the Director of Public
Prosecutions" (DPP).
312
 AMENDMENT OF PARASTATAL ORGANIZATIONS
PENSIONS SCHEME ACT, (CAP. 372) - PPF SCHEME

• The Parastatals Pensions Scheme Act of 1978

which establishes the PPF Scheme, in 2001 it
was amended and made it possible for a
person to choose to be a member under this
scheme by his own choice. The word
parastatal was taken to include any person
who has chosen to become a member. Thus,
any person who is not covered.

313
 employee" means an individual who-
• (a) has entered into a contract of employment; o
• (b) has entered into any other contract in which
the individual undertakes to work personally for
the other party to the contract the other party is
not a client or customer of any profession,
business, or undertaking carried on by the
individual; or
• (c) is deemed to be an employee by the Minister
under section 98(3) of the Employment and
Labour Relations Act;
314
• (d) is deemed to be an employee in
accordance with section 61 of the Labour
Institutions Act;
• "informal sector" means the sector which
includes workers who work informally and
who do not work in terms of an employment
of contract or any other contract
contemplated in the definition of the term
"employee";
315
• self employed" means a person who does not
work in terms of a contract of employment or
apprenticeship or any other contract
contemplated in the definition of the term
"employee" .
• "member" means any person employed in the
formal or informal sector within Mainland
Tanzania, excluding a person who has been
registered or insured under any other written
law;
316
 RETIREMENT BENEFIT

• (1) An employer shall, within SIX months

before the date of retirement
• of his employee, notify the Fund in writing
about the date of retirement of his employee.
• (2) The Fund shall ensure that, within sixty
days following the date of retirement, pay to
the member the due retirement benefits

317
• (3) Where the Fund fails to pay retirement
benefits to a member within a period
specified under ubsection
• (2), and the member is not responsible for
that failure, the Fund shall pay the member
the principal sum that is due for payment as
retirement benefits plus a penalty of fifteen
percent of that sum per annum."

318
 RECOVERY OF CONTRIBUTIONS

• Contribution due to the Fund may be

recovered by a summary suit under order
XXXV of the Civil Procedure Code at any time
within twelve years after the date on which it
is due.
• (3) Where an offence is committed by reasons
of non-payment of statutory contribution, no
prosecution shall be commenced without the
consent of the Director of Public Prosecutions.
319
 AMENDMENT OF THE PUBLIC SERVICE [REMENT
BENEFITS ACT, (CA1'371) – PSPF SCHEME

• The Public Service Retirement Benefit Act of 1999

which establishes the PSPF Scheme provides that,
all employees who have been confirmed in the
pensionable offices are regarded as members of
this scheme, section 5. The Act further defines
pensionable offices as office in the Service to which
any person has been appointed or promoted on
pensionable terms and that office shall be deemed
to be a pensionable office.
320
 AMENDMENT

• This Act shall apply to a person employed in

formal or informal sector who has not been
registered or insured under any other written
law."
• "member" means a person employed in the
formal or informal sector within Mainland
Tanzania, but does not include a person who
has been registered or insured under any
other written law."
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 employee" means an individual who-
• (a) has entered into a contract of employment; or
• (b) has entered into any other contract in which
the individual undertakes to work personally for
the other party to the contract the other party is
not a client or customer of any profession,
business, or undertaking carried on by the
individual; or
• (c) is deemed to be an employee by the Minister
under section 98(3) of the Employment and
Labour Relations Act;
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• (d) is deemed to be an employee in
accordance with section 61 of the Labour
Institutions Act;
• "member" means any employee employed in
the formal or informal sector within Mainland
Tanzania, excluding any person who has been
registered or insured under any other written
law;

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 REVIEW QUESTIONS
Discuss the membership into social security
funds in Tanzania
 Discuss the benefits and conditions
available under the NHI & NSSF Schemes.
 Public interventions to assist individuals,
households and communities for better
management of risk and provision of
support to the critically poor have existed
in our society since long time in history:
Discuss
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 TOPIC IX
THE CONTEXT OF INTERNATIONAL LABOUR
STANDARDS
Introduction:
The international labour standards have played a
significant role in the development of labour
law in Tanzania. The ILO Conventions set out
the core principles and obligations regarding the
employment of labour while its
recommendation provide possible means of
implementation. This chapter examines these
standards and their implementation in Tz.
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 Sub-topics

Part I:
The Concept of International Labour
Standards
Part II:
 The Fundamental ILO Conventions
Part III:
 ILO Conventions ratified by Tanzania

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 INTERNATIONAL LABOUR STANDARDS
o The International Labour Organization
(ILO) The ILO is an agency of the United
Nations Organization which was created in
1919 primarily for the purpose of adopting
international standards to cope with the
problem of labour conditions involving
injustice and deprivation.
o The ILO standards take the form of
international labour Conventions and
Recommendations.
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328
 A Convention:
o Is an agreement/pact especially an international
agreement. They are international treaties,
subject to ratification by ILO member states.
 Recommendations: Is an advice/counsel. They
are non binding ILO instruments although they
deal with the same subjects as conventions.
 ILO has adopted more than 180 conventions
and 185 recommendations covering a broad
range of subjects. They both intended to have a
concrete impact on working condition of states.
329
 Cont…

The governing body of the office has

decided that 8 Conventions should be
considered fundamental to the rights of
human beings at work, implemented
and ratified by all member states of the
organization
 These are called fundamental ILO
conventions

330
How can a Country Adopt such Standards ?
A country in which the ILO standards
apply has to be a member state which has
ratified the particular convention or has
accepted a particular convention.
 Ratification means to confirm, approve or
to sanction a previous act done.
 A convention will not bind the state until
the same state ratifies it because it is after
ratification that a particular convention
becomes part of the laws of that state.
331
How many ILO Conventions have been adopted
by Tanzania to-date ?
o Fundamental Conventions can be enforced
against any member state even if such state has
not ratified them.
o Tanzania has adopted a number of 45 ILO
conventions out of 184 ILO conventions.
Before it became United Republic 10
conventions had been adopted out of which 6
were adopted by Tanganyika and 4 by Zanzibar.
o Since the union Tanzania has ratified 35
conventions 332
 Why these Standards Needed ?
1. Development Aspect: Helps develop the
national human resource, improve the
possibility of attracting foreign direct
investment and improve the chances of
economic growth.
2. Humane Aspect: Effects of international
competition which is an obstacle to
improved conditions of labour are a target
of, and reason for, international labour
standards.
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3. Peace Aspect:
The Preamble of the ILO‟s constitution
provides… “Universal and lasting peace
can be established only if it is based on
social justice.”
Where do International Labour Standards
come From ?
 It is a unique legislative process involving
governments and employer‟s & worker‟s
representatives from around the world.
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 Part II
FUNDAMENTAL ILO CONVENTIONS
8 ILO Conventions has been identified by ILO
governing body as being fundamental to the
rights of human beings at work, irrespective of
levels of development of individual member
states.
(i) Freedom of Association and Protection of the
Right to Organize Convention 1949
(ii) Forced Labour Convention, 1930
(iii) Abolition of Forced Labour Convention, 1957
335
 Cont…

iv)Equality Discrimination Convention, 1958

v). Equal Remuneration Convention, 1951
vi). Elimination of Child Labour Minimum
Age Convention, 1973
vii)Worst Forms of Child Labour Convention,
1999

336
(i) International Labour Standards on Freedom of
Association
The freedom of association is the most basic of
all principles underlying the work of ILO and
the activities of those who toil for social justice.
 The Freedom of Association and Protection of
the Right to Organize Convention, 1948 (No.
98):
Article 2 - The right to organize is to be granted to
workers and employers, without distinction.

337
What right is granted ?

Workers and employers are guaranteed the

right to establish and subject only to the
rules of the organization concerned, to join
organization of their own choice.
 Article 4 - Organization shall be free from
interference by the public authorities when
drawing up their constitutions and rules,
electing their representatives, organizing
their administration and formulating their
activities.
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 International Standard on Forced Labour
No one should be forced to work. Countries
which has ratified the forced labour
convention undertake „to suppress the use of
forced or compulsory labour in all its forms
within its shortest possible period.”
 Forced Labour Convention, 1930 (No. 29)
Require the suppression of forced labour or
compulsory labour in all its forms. Forced
labour does not include military service. etc.

339
(ii) Abolition of Forced Labour Convention, 1957
(No.105)
Prohibits the use of any force or compulsory
labour as a means of political coercion or
education or punishment for the
expression of political or ideological views,
mobilization for purposes of economic
development, labour discipline,
punishment for participation in strikes or
racial, social, national or religious
discrimination
340
 (iii) International Labour Standards and child
Labour
1919 ILO‟s first conference adopted its first
convention on child Labour which fixed the
minimum age for employment in industry.
 The Minimum Age Convention, 1973:
The states that ratifies this convention
undertake to pursue a national policy
designed to ensure the effective abolition of
child labour. Raise the minimum age for
admission to employment.
341
 (iii) The Worst Forms of Child Labour
Convention, 1999
The convention applies to all persons under the
age of 18 and calls for immediate and effective
measures to secure the prohibition and
elimination of the worst forms of child labour as
a matter of urgency.
 Define the worst forms of child labour as:
All forms of slavery or practices similar to slavery,
sale & trafficking of children, debt bondage,
serfdom and forced or compulsory labour.
342
Forced or compulsory recruitment of children,
debt bondage, serfdom and compulsory
recruitment of children for use in armed conflict,
use of child for prostitution, etc.
Hazardous Work:
As work which exposes children to physical,
psychological or sexual abuse; work underground,
under water, at dangerous heights, or in confined
spaces; work with dangerous machinery/tools,
unhealthy environments, long hours or during
night.
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 (iv) International Labour Standards & Equality in
Employment
The standards set by law in each country with
respect to the conditions of labour should have
due regard to the equitable economic treatment
of workers.
Equal Remuneration Convention, 1951: Calls for
equal pay for men and women for work of
equal value. State ratifying this convention shall
promote the principle of equal remuneration of
equal value. This principles may be applied by
means of national laws/regulations. Etc.
344
 LIST OF CONVENTIONS RATIFIED BY
TANZANIA IN FORCE
1. Right of Association (Agriculture)
Convention, 1962
2. Workmen‟s Compensation (Agriculture)
Convention, 1962
3. Medical Examination of Young Persons
(Sea) Convention, 1962
4. Workmen‟s Compensation (Accident)
Convention, 1962

345
 Cont..
5. Equality of Treatment (Accidents
Compensation) Convention, 1962
6. Minimum Wage Fixing Machinery
Convention, 1962
7. Forced Labour Convention, 1962
8. Underground Work (Women)
Convention, 1962
9. Recruiting of Indigenous Workers
Convention, 1962

346
 Cont..
Convention Concerning Statistics of
Wages and Hours of Work, 1962
11. Penal Sanctions (Indigenous Workers)
Convention, 1962
12. Labour Inspection Convention, 1962
13. Contracts of Employment (Indigenous
Workers) Convention, 1962
14. Freedom of Association and Protection of
the Rights to Organize Convention, 2000

347
 Cont..

15.Employment Service Convention, 1962

16. Protection of Wages Convention, 1949
17. Migration for Employment Convention
(Revised), 1964

348
 CONCLUSION
 Having gone through the entire discussion of
this course, to this juncture you should be ready
to dig deep through these topics. Whatever you
have discussed is not everything in the labour
law subject but I believe it is exhaustive enough
to give you a lead to the light at the end of the
tunnel.
 “Quid pro quo” = something for something!
I have given my part, it is your turn to do the test!
349
 THE END
Thank You
For Your
Attention
350