Tanzania
Security of Employment Act
Chapter 387
- Published in Tanzania Government Gazette
- Commenced on 1 May 1965
- [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. 1-4)
1. Short title and commencement
2. Application of Part IV
The Minister may, by notice published in the Gazette, apply Part IV of this Act to Tanzania generally or may restrict its application to any part of Tanzania, or to any category or description of businesses or employers, and may appoint the date on which Part IV shall come into operation in its application to such part, category or description; and where the application of Part IV is so restricted it shall apply only in respect of employees employed in such part, or in the business or by the employers of the relevant category or description, as the case may be.3. Application to the United Republic and the President
4. Interpretation
Part II – Workers' Committees and Conciliation Boards (ss. 5-19)
(a) – Establishment and functions of Workers' Committees (ss. 5-10)
5. Workers' Committees
6. Functions of Committees
7. Dissolution and suspension of Committee
8. Union to establish field branches
9. Duties of employers in relation to Committees
An employer in whose business a Committee is required to be, or is, established in accordance with this Act—10. Financial expenses
(b) – Establishment and functions of Conciliation Boards (ss. 11-19)
11. Establishment of Boards
12. Composition of Boards
13. Notification of reference and right to be heard
14. Proceedings in camera
The proceedings of a Board shall be held in camera.[s. 13]15. Evidence
16. Decisions of a Board
Where the hearing of a reference is concluded before two members of a Board in addition to the chairman and such two members agree on the decision, the decision of such members shall be the decision of the Board, but in any other case the decision of the chairman shall be the decision of the Board.[s. 15]17. Board to keep record of proceedings
The Board shall keep a proper record in writing of the proceedings and decisions in all references to it, and, where there is any further reference from a decision of a Board to the Minister, a copy of the proceedings shall be supplied to the Minister.[s. 16]18. Procedure
Except as provided in this Act or in any regulations made under this Act, a Board may regulate its own procedure.[s. 17]19. Expenses
The expenses of a Board shall be paid out of moneys provided by Parliament.[s. 18]Part III – Restriction on the summary dismissal and fining of employees, and the administration of the Disciplinary Code (ss. 20-33)
(a) – Disciplinary penalties (ss. 20-21)
20. Restriction on summary dismissal and fine
Subject to the provisions of section 3 but notwithstanding the provisions of any other law, no employer shall—21. Disciplinary penalties
(b) – Imposition of disciplinary penalties by employers (ss. 22-24)
22. When a Committee is, or is required to be, established
23. Where no Committee is, or is required to be, established
24. Employee may refer dismissal, etc., to a Board
(c) – Functions and powers of Boards and the Minister under this Part (ss. 25-27)
25. Powers of Boards
26. Implementation of certain decisions
27. Further reference to Minister
(d) – Miscellaneous provisions (ss. 28-33)
28. Finality and effect of decisions of Board and Minister
29. Exclusion of the jurisdiction of the courts
30. Criminal proceedings
31. Stay of certain orders on further reference to Minister
Notwithstanding the provisions of subsection (1) of section 26, where the employer makes a reference to the Minister against the refusal of the Board to confirm the summary dismissal or proposed summary dismissal of an employee, such employer shall not be required to give effect to the provisions of subsection (1) of section 26 unless he abandons such reference, or until the reference has been determined by the Minister, and the provisions of subsection (1) of section 26 in relation to the decision of the Board shall be subject to any decision made by the Minister.[s. 30]32. Employer may exercise disciplinary powers notwithstanding reference pending in respect of other breaches of Disciplinary Code
Nothing in this Part shall be construed as precluding an employer who has informed an employee that he proposes to dismiss him summarily, or who has suspended an employee pending the decision on a reference, in respect of any breach of the Disciplinary Code, from instituting further disciplinary proceedings and, subject to the provisions of this Part, summarily dismissing or suspending such employee, or informing him that he proposes to dismiss him summarily, or imposing a lesser penalty for any other breach of the Disciplinary Code.[s. 31]33. Summary dismissal for lawful cause
For the avoidance of doubt it is hereby declared that where—Part IV – Additional compensation on termination of employment in certain cases (ss. 34-44)
34. Payment of additional compensation in certain cases
Subject to the provisions of this Part, an employer who terminates the employment of an employee shall, if so ordered by a Board in the exercise of its powers under section 40, pay to the employee, in addition to every other sum which he is liable to pay to the employee, on such termination of appointment, the statutory compensation prescribed by section 36:Provided that no such statutory compensation shall be payable if, not later than three days after he has been notified of the Board's order for the payment thereof, or if the matter is referred to the Minister, of the Minister's confirmation of the order, the employer re-engages the employee on the statutory terms.[s. 33]35. Meaning of "termination of employment"
36. Statutory compensation
The statutory compensation shall be—37. The statutory terms
The statutory terms—38. Notification of employee of circumstances of termination
39. Reference of claims to statutory compensation to Board
40. Orders for statutory compensation
41. Reference to the Minister
42. Board may order re-instatement
43. Finality and effect of decisions of Minister and Board
The decision of the Minister on a reference to him under section 41 or section 42 and, subject to any decision on a further reference to the Minister therefrom, the decision of a Board under section 40 shall be final and conclusive and shall be binding on the parties to the reference, and, subject as aforesaid, such decision may be enforced in any court of competent jurisdiction as if it were a decree.[s. 41]44. Exclusion of jurisdiction of courts
Part V – General provisions (ss. 45-56)
45. References to the Minister
The parties making a reference to the Minister shall be entitled to submit memoranda in support of their respective cases, but shall not be entitled to appear in person or by advocate or other representative before the Minister.[s. 43]46. Delegation
The Minister may delegate the functions imposed and the powers conferred upon him to hear and decide references to the Labour Commissioner.[s. 44]47. References under other law
Where, under any other written law, a reference may be made to a Board, then unless such other law makes any provision inconsistent herewith—48. Certificate by the Minister and Chairman of a Board
A certificate purporting to be under the hand of—49. Act to prevail over other legislation relating to employment disputes
50. Application of Part XII of Employment Act
Subject to the provisions of this Act which exclude the jurisdiction of the courts, the provisions of Part XII of the Employment Act 22 shall apply mutatis mutandis in relation to any question, difference or dispute between an employer and an employee arising out of the decision of the Minister or a Board under this Act as they apply in relation to the questions, differences or disputes referred to in that Part.[s. 48]51. Criminal proceedings
52. Offences
53. Forms
The Minister may prescribe forms to be used for the purpose of this Act and any forms prescribed shall be used, with such variations as the circumstances require, for the matters and in the cases for which they are prescribed.[s. 51]54. Amendment of the Disciplinary Code
55. Amendment of other laws
The laws specified in the first, second and third columns of the Third Schedule are hereby amended in the manner set out opposite thereto in the fourth column of the said Schedule:Provided that—56. Regulations
History of this document
31 July 2002 this version
Consolidation
01 May 1965
Commenced
Cited documents 4
Legislation 4
1. | Public Service Act | 152 citations |
2. | Severance Allowance Act | 14 citations |
3. | Arbitration Act | 5 citations |
4. | Vocational Education Training Act | 3 citations |
Documents citing this one 107
Judgment 105
Legislation 2
1. | Severance Allowance Act | 14 citations |
2. | Executive Agencies (Personnel Management) Regulations, 1999 |