Tanzania
Severance Allowance Act
Chapter 386
- Published in Tanzania Government Gazette
- Commenced on 5 October 1962
- [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.]
1. Short title
This Act may be cited as the Severance Allowance Act.2. Interpretation
3. Employers to pay severance allowance in certain cases
Subject to the provisions of this Act, where an employee has been in the continuous employment of an employer for a period of three months or more and, on or after the twenty-fifth day of June, 1962 (or, in a case to which paragraph (c) refers, the commencement of Part III of the Security of Employment Act2 31)—4. Circumstances in which severance allowance not payable
5. Calculation of severance allowance
6. Employees eligible for pensions and provident fund benefits
7. Payments made on termination of employment under contracts made before enactment of this Act
Where an employer is liable to pay a severance allowance to or in respect of an employee on the cessation of any employment which commenced before the date on which this Act is enacted, and—8. Payments under Workers' Compensation Act for death or permanent total incapacity
Where, on the cessation of any employee's employment, an employer pays to the employee or to a dependant, (within the meaning of that term in the Workers' Compensation Act17), any compensation under the Workers' Compensation Act on account of the death or permanent total incapacity of the employee, the employer shall be exempt from liability to pay any severance allowance to or in respect of such employee.9. Continuous employment by more than one employer
10. Severance allowance to be in addition to other liabilities
Subject to the provisions of sections 6, 7 and 8, liability to pay severance allowance shall be in addition to any other liability of the employer under the terms and conditions of employment or by law, but shall be subject to the same rights of set-off or counterclaim as are available against wages or any other benefit under a contract of service.[s. 9]11. Time and manner of payment
12. Recovery of severance allowance by suit
The amount of any severance allowance which an employer is required to pay to or in respect of an employee, may be recovered by the employee, or, in the event of his death, by any of his dependants, by suits as a debt due to such employee or to such dependant.[s. 11]13. Failure to pay severance allowance
Any employer who is liable to pay severance allowance to an employee or to the dependants of an employee, who fails to pay such severance allowance in the manner and within the time provided in this Act shall, unless—14. Application of Part XII of the Employment Act
The provisions of Part XII of the Employment Act shall apply mutatis mutandis in relation to any question, difference or dispute between an employer and an employee or a dependant of an employee arising out of the payment or non-payment of severance allowance as those provisions apply in relation to questions, differences and disputes as to the rights or liabilities of parties to a contract of service, and in particular, the provisions of section 138 shall apply mutatis mutandis to proceedings in relation to severance allowances as they may apply to proceedings in relation to wages.[s. 13]15. ***
[Omitted: R.E. 2003][s. 14]History of this document
31 July 2002 this version
Consolidation
05 October 1962
Commenced
Cited documents 3
Legislation 3
1. | Security of Employment Act | 107 citations |
2. | Workers' Compesation Act | 6 citations |
3. | Provident Fund (Government Employees) Act | 1 citation |
Documents citing this one 14
Legislation 11
1. | Security of Employment Act | 107 citations |
2. | Public Corporations Act | 52 citations |
3. | Societies Act | 32 citations |
4. | National Housing Corporation Act | 8 citations |
5. | Cashewnut Board of Tanzania Act | 2 citations |
6. | University of Dar-es-Salaam Act | 2 citations |
7. | Board of Internal Trade Act | 1 citation |
8. | Cotton Industry Act | 1 citation |
9. | Centre for Agricultural Mechanisation and Rural Technology Act, 1981 | |
10. | Sokoine University of Agriculture Act | |
11. | Tanzania Cotton Lint and Seed Board Act |