Tanzania
Regulation of Wages and Terms of Employment Act
Chapter 300
- Published in Tanzania Government Gazette
- Commenced on 1 October 1953
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (ss. 1-3)
1. Short title
This Act may be cited as the Regulation of Wages and Terms of Employment Act.2. Interpretation
In this Act, unless the context otherwise requires—"board" means a minimum wage board established under the provisions of subsection (1) of section 4 of this Act;"council" means a wages council established under the provisions of section 6 of this Act;"court" means the Industrial Court of Tanzania;"employee" means a person who is employed in any employment to which this Act applies, and includes employees who are employed by or under the Government the same way and to the same extent as if the Government were a private person but does not include—(a)a person in the Armed Forces; or(b)a person in the Police Force or the Prisons Service;"Minister" means the Minister responsible for labour;"outworker" means an employee to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished or repaired or adapted for sale in his own home or in other premises not in the control or management of the person who gave out the articles or materials;"wages council order" means an order under the provisions of section 6 of this Act establishing a wages council.3. Application
This Act may apply to employment generally or in any area of Tanzania or may be limited in its application to any category of employment either generally or in any area of Tanzania as the Minister may by order in the Gazette appoint, and any such order may be exempted from the application of the Act or any such employees or any class of employees either generally or in any area of Tanzania or in any category of employment whether generally or in any area of Tanzania.Part II – Establishment of minimum wage boards (ss. 4-5)
4. Establishment of minimum wage boards and determination of basic minimum wages
5. General provisions as to minimum wage boards
Part III – Establishment of wages councils (ss. 6-9)
6. Establishment of wages councils
Notwithstanding the provisions of sections 4 and 5 of this Act, the Minister, if he is of the opinion that no adequate machinery exists for the effective regulation of the remuneration or the terms of employment of any employees or any class of employees not exempted from the application of this Act any employment to which this Act applies, may by order establish a wages council to perform, in relation to such employees or class of employees, the functions specified in this Act.7. Making of wages council orders
8. Abolition and variation of field of operation of wages councils
The Minister may at any time by order abolish or vary the field of operations of a wages council, and the provisions of the last preceding section shall apply in all such cases.9. General provisions as to wages councils
Part IV – Wages regulation orders (ss. 10-23)
10. Power to fix remuneration and terms of employment
11. Computation of remuneration
12. Effect and enforcement of wages regulation orders
13. Powers of officers to institute proceedings
An officer acting under this Act may if it appears to him that a sum is due from an employer to an employee by reason of the payment to him of remuneration less than the statutory minimum remuneration, institute on behalf of and in the name of that employee proceedings for the recovery of that sum.14. Employee waiting for work on employer's premises to be deemed to be employed
15. Permits to infirm and incapacitated persons
16. Employers not to receive premiums
17. Records and notices
18. Criminal liability of agent and superior employer and special defence open to employer
19. Appointment of Labour Officers
20. Power of officers
21. Penalty for failing to allow inspection or hindering any officers
Any person who obstructs an officer acting under this Act in the exercise of any power conferred by this Act or refuses to comply with any requirement of such an officer made in the exercise of any such power, commits an offence and on conviction is liable to a fine not exceeding four hundred shillings.22. Penalty for false entries or records, producing false records or giving false information
If any person makes or causes to be made or knowingly allows to be made any entry in a record required by this Part to be kept by employers, which he knows to be false in a material particular, or, for any purpose connected with this Part, produces or records furnishes, or causes or knowingly allows to be produced or furnished, any wages sheet, record, list or information which he knows to be false in a material particular, commits an offence and on conviction is liable to a fine not exceeding four hundred shillings or to imprisonment for a term not exceeding three months, or to both.23. Void agreement
Any agreement which is in conflict with the provisions of this Part shall to the extent to which such conflict exists be deemed to be void.Part V – Machinery for the improvement of relations between employers and employees (ss. 24-26)
24. Interpretation
In this Part—"undertaking" includes any agricultural, commercial, industrial or mining undertaking providing employment to which this Act applies;"staff committee" means a body of persons representative both of the employer and the employees, set up by an employer in any undertaking after consultation with the employees with the object of—(a)giving the employees a wider interest in, and a greater responsibility for the conditions under which their duties are performed;(b)providing a recognised and direct channel of communication between the employees and the employer on all matters affecting their joint or several interests; and(c)promoting throughout the undertaking a spirit of co-operation in securing the efficiency of the undertaking and the contentment of the staff engaged therein.25. Assistance of Labour Commissioner and Labour Officers in forming staff committees
The Labour Commissioner and any Labour Officer shall give such advice and assistance as may be required for the creation and establishment of staff committees in any undertaking to the circumstances of which staff committees would be appropriate, and for the encouragement of such staff committees when established.26. Notification of staff committees
Part VI – General provisions (ss. 27-29)
27. Rules
The Minister may make rules generally for the better carrying out of the objects or purposes of this Act, and without prejudice to the generality of the foregoing such rules may—28. Expenses
Any expenses incurred in carrying this Act into operation shall be defrayed out of the Consolidated Fund of the United Republic of Tanzania.29. Repeal
[Repeals the Minimum Wages Ordinance.]History of this document
31 July 2002 this version
Consolidation
01 October 1953
Commenced
Subsidiary legislation
Title | Numbered title |
---|---|
Regulation of Wages and Terms of Employment Act (Limitation of Application) Order, 1972 | Government Notice 180 of 1972 |
Cited documents 2
Act 2
1. | Industrial Court of Tanzania Act | 47 citations |
2. | Commissions of Inquiry Act | 7 citations |
Documents citing this one 257
Judgment 252
JOT Documents and Guidelines 2
1. | Execution Guidelines 2020 | |
2. | Gender Bench Book On Women’s Rights |
Finding aid 1
1. | The Subsidiary Legislation of Tanzania Index - Vol. 2: 1998 - 2007 |
Gazette 1
1. | Tanzania Government Gazette supplement number 31 dated 2018-08-17 number 33 |
Law Reform Report 1
1. | The Labour Law |