Tanzania
National Employment Promotion Service Act
Chapter 243
- Published in Tanzania Government Gazette
- Commenced on 1 July 2000
- [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. 1-2)
1. Short title
2. Interpretation
In this Act, unless the context otherwise requires—"Act" means the National Employment Promotion Service Act 1;"appropriate authority" in relation to any act, appointment, dismissal, licence, permit, matter or other thing, means a person, committee or body of persons, permitted, required or in any other way, made responsible by this Act, for doing the act, making appointment or issuing or dismissal, licence or permit the doing of that matter or thing;"appropriate officer" means—(a)in relation to a person other than an employer, the employment promotion office established for an area in which he ordinarily resides; and(b)in relation to an employer, an employment promotion office established for the area in which the employer carries on business at two or more places; or(c)in relation to any such place, the employment promotion office for the region or area within which such place is situated;"area" when used in relation to any local government authority, means the area in which a local government authority is established or empowered by or under the Local Government (District Authorities) Act 2 or the Local Government (Urban) Authorities Act 3, to exercise jurisdiction;"Area Committee" when used in relation to a local authority means the committee established pursuant to the Local Government (District Authorities) Act 4 or the Local Government (Urban Authorities) Act 5 and when used in relation to this Act, means any of the areas, of a local authority;"citizen" means a citizen of the United Republic of Tanzania;"Commissioner" means the Commissioner for Labour and includes a person to whom the Commissioner has delegated his power to perform any of his functions under this Act;"employ" in relation to the person employing means to use as employer the service of any person under a contract of service;"employee" means any person who has entered into or works under a contract of service with an employer whether by way of manual labour, clerical work or otherwise and whether the contract is expressed or implied or is oral or written;"employer" means any person who employs any other person on contract of service, and includes any person acting as an agent of an employer in the selection and appointment of employees, in dealing with matters relating to terms and conditions of service or in payment of remuneration;"employment promotion office" means the employment promotion centre or any other office or place designated by the Minister under section 5 as an employment promotion office;"employment promotion officer" means a person with the rights and obligations as more specifically prescribed by this Act and includes the Commissioner of Employment Promotion Services and the Assistant Commissioner for Employment Promotion Services;"foreigner" means any person who is not a citizen of the United Republic of Tanzania;"informal sector" means non-farm small-scale and self-employed income-generating activities based on low level of organization, low capital and low technology;"job-seeker" means any person who is looking for a job including unemployed persons and employed persons who want to change employment;"member" in relation to a committee means a member of the committee and includes the chairperson and the secretary of the committee;"micro-enterprise" means business employing not more than five workers which is capable of growth by creating income in excess of the survival needs of its members and whose productive period extends to more than four months in a year;"Minister" means the Minister responsible for labour;"National Employment Advisory Committee" means the National Employment Advisory Committee established by section 7;"Private Employment Promotion Agency - PEPA" means the employment promotion agency as approved by the Commissioner under section 21;"self-employed person" means a person who is involved in any lawful self-employment income-generating activity;"self-employment" means a lawful income-generating undertaking;"service" means the National Employment Promotion Service established under section 3;"young person" means a person below or over the apparent age of fourteen years but under the apparent age of eighteen years.Part II – Establishment of the Service (ss. 3-6)
3. Establishment and composition of the Service
4. Functions of the Service
5. Organisation of the Service
The Service shall operate as National Employment Promotion Office and Area employment promotion offices as may be established by this Act.6. Functions of the Commissioner
Part III – Advisory Committees (ss. 7-10)
7. Establishment of National Employment Advisory Committee
8. Functions of the National Employment Advisory Committee
9. Area committees
Every Local Government Authority shall be the final authority in respect of matters relating to the implementation of the National Employment Promotion Service within its area of jurisdiction and shall each for that purpose and subject to the provisions of the Act under which it is established, establish a committee to be known as the Local Authority Employment Promotion Committee which shall perform the functions prescribed under this Act.10. Functions of the area committees
Part IV – Duties and powers of the Service (ss. 11-17)
11. Registers and records
There shall be maintained at every employment promotion office a register of—12. Contents of register
Every register maintained under section 11 shall be in such form and shall contain such particulars as may be prescribed.13. Ethics of the Service
14. Vocational guidance and employment counselling
The Service shall do all such acts and things as may be necessary to give vocational guidance and offer advice to persons registered for nomination as employees and employers and shall, in the case of school-leavers, college graduates and other persons who seek assistance have regard to their aptitude, qualifications and antecedents and shall endeavour to advise them as to the type of gainful employment activities they can engage in which are most advantageous in the furtherance of national development.15. Service to promote employment
The Service shall, in promoting employment, participate in the formulation and execution of measures having a bearing on employment promotion within the context of national economic and social development plans.16. Application for registration
17. Service to charge fees
Part V – Private Employment Promotion Agency (ss.18-23)
18. Establishment and duties of agencies or agents
19. Agencies to charge fees
The Agency or agent shall in performing its duties charge such fees as may be prescribed by the Minister for the service rendered.20. Application for registration as agency or agent
21. Date of establishment of agencies or agents
22. Cancellation of registration
A Certificate of Registration of a Private Employment Promotion Agency or Agent may be cancelled or withdrawn by the Commissioner if he is satisfied that—23. Appeal
Part VI – Employment of foreigners (ss. 24-27)
24. Application
This Part shall not apply to foreigners who are—25. Foreigners not to be employed in certain occupations
26. Work permit
27. Application for work permit
Part VII – Miscellaneous provisions (ss. 28-34)
28. Employer to reimburse travelling expenses
29. Power to enter and inspect places of employment
30. Appeal
Any person aggrieved by an order or decision of the Commissioner or any officer of the Service may appeal to the Minister.31. Protection of members of committee
No matter or thing done by any member, officer, servant or agent of any committee established by or under this Act shall, if done bona fide in the execution or purported execution of the functions of such committee, subject to any such person to an action, liability, claim or demand whatsoever.32. Directions
The Minister may give to the Commissioner, any officer of the Service or any committee established by or under this Act, directions of a general character or in relation to any particular matter as to the performance of functions by the Commissioner, or any officer of the Service or the committee under this Act and every such direction shall be given effect to accordingly:Provided that the Minister shall not give any directions inconsistent with the provisions of this Act.33. Regulations
The Minister may make regulations for the better carrying out the purposes of this Act and, without prejudice to the generality of the foregoing, may make regulations—34. Repeal of Act No. 6 of 1983
[Repeals the Human Resources Deployment Act.]History of this document
31 July 2002 this version
Consolidation
01 July 2000
Commenced
Cited documents 2
Legislation 2
1. | Local Government (Urban Authorities) Act, 1982 | 30 citations |
2. | Local Government (District Authorities) Act, 1982 | 28 citations |