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Tanzania
Employment and Labour Relations Act, 2004
Chapter 366
- Published in Tanzania Government Gazette 24 on 11 June 2004
- Assented to on 4 June 2004
- Commenced on 20 December 2006 by Employment and Labour Relations (Commencement Date) Notice, 2006
- [This is the version of this document as it was from 11 June 2004 to 11 January 2007.]
Part I – Preliminary provisions
1. Short title and commencement
2. Application
3. Objects
The principal objects of this Act shall be—4. Interpretation
In this Act, unless the context requires otherwise—"arbitrator" means an arbitrator appointed under section 19 of the Labour Institutions Act, 2004;[Act No. 7 of 2004]"basic wage" means that part of an employee's remuneration paid in respect of work done during the hours ordinarily worked but does not include—(a)allowances, whether or not based on the employee's basic wage;(b)pay for overtime worked in terms of section 19(5);(c)additional pay for work on a Sunday or a public holiday; or(d)additional pay for night work as required under section 20(4);"child" means a person under the age of 14 years; provided that for the employment in hazardous sectors, child means a person under the age of 18 years;"collective agreement" means a written agreement concluded by a registered trade union and an employer or registered employers' association on any labour matter;"Commission" means the Commission for Mediation and Arbitration established under section 12 of the Labour Institutions Act, 2004;[Act No. 7 of 2004 ]"complaint" means any dispute arising from the application, interpretation or implementation of—(a)an agreement or contract with an employee;(b)a collective agreement;(c)this Act or any other written law administered by the Minister;(d)Part VII of the Merchant Shipping Act, 2003;[Act No. 21 of 2003]"Council" means the Labour, Economic and Social Council established Act No. 7 under section 3 of the Labour Institutions Act, 2004;"dispute"(a)means any dispute concerning a labour matter between any employer or registered employers' association on the one hand, and any employee or registered trade union on the other hand; and(b)includes an alleged dispute;"dispute of interest" means any dispute except a complaint;"employee" means an individual who—(a)has entered into a contract of employment; or(b)has entered into any other contract under 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(c)is deemed to be an employee by the Minister under section 98(3);"employer" means any person, including the Government and an executive agency, who employs an employee;"employer association" means any number of employers associated together for the purpose, whether by itself or with other purposes, of regulating relations between employers and their employees or the trade unions representing those employees;"Essential Services Committee" means the Essential Services Committee established under section 29 of the Labour Institutions Act, 2004;[Act No. 7 of 2004]"federation" means either an association of trade unions or an association of employers' associations;"Labour Commissioner" means the Labour Commissioner appointed under section 43(l) of the Labour Institutions Act, 2004;"Labour Court" means the Labour Division of the High Court established under section 50 of the Labour Institutions Act, 2004;[Act No. 7 of 2004]"Labour matter" means any matter relating to employment or labour relations;"lockout" means 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;"mediator" means a mediator appointed under section 19 of the Labour Institutions Act, 2004;[Act No. 7 of 2004]"Minister" means the Minister for the time being responsible for labour;"operational requirements" means requirements based on the economic, technological, structural or similar needs of the employer;"organization" means a trade union or an employers' association;"protest action" means a total or partial stoppage of work by employees for the purpose of promoting or defending the socio-economic interests of workers but not for a purpose—(a)referred to in the definition of strike; or(b)a dispute in respect of which there is a legal remedy;"registered organization" means a registered trade union or registered employers' association;"Registrar" means the Registrar appointed under section 43(2) of the Act No. 7 Labour Institutions Act, 2004;[Act No. 7 of 2004]"reinstatement" means that the contract of employment has revived with all its incidents and that the employee is entitled to all his rights during the period of absence from actual service;"remuneration" means the total value of all payments, in money or in kind, made or owing to an employee arising from the employment of that employee;"strike" means a total or partial stoppage of work by employees if the stoppage is to compel their employer, any other employer, or an employers' association to which the employer belongs, to accept, modify or abandon any demand that may form the subject matter of a dispute of interest;"trade union" means any number of employees associated together for the purpose, whether by itself or with other purposes, of regulating relations between employees and their employers or the employers' associations to which the employers belong.Part II – Fundamental rights and protections
A – Child labour
5. Prohibition of child labour
B – Forced labour
6. Prohibition of forced labour
C – Discrimination
7. Prohibition of discrimination in the work-place
8. Prohibition of discrimination in trade unions and employer associations
D – Freedom of association
9. Employee’s right to freedom of association
10. Employer’s right to freedom of association
11. Rights of trade unions and employer’s associations
Every organisation has the right to—Part III – Employment standards
A – Preliminary
12. Application of this Part
13. Employment standards
14. Contracts with employees
15. Written statement of particulars
16. Informing employees of their rights
Every employer shall display a statement in the prescribed form of the employee's rights under this Act in a conspicuous place.B – Hours of work
17. Application of this Sub-Part
18. Interpretation
For the purposes of this Sub-Part—19. Hours of work
20. Night work
21. Compressed working week
22. Averaging hours of work
23. Break in working day
24. Daily and weekly rest periods
25. Public holidays
If an employee works on a public holiday specified in the Public Holidays Ordinance, the employer shall pay the employee double the employee's basic wage for each hour worked on that day.[Cap. 93]C – Remuneration
26. Calculation of wage rates
27. Payment of remuneration
28. Deduction and other acts concerning remuneration
D – Leave
29. Application of this Sub-Part
30. Interpretation in this Sub-Part
31. Annual leave
32. Sick leave
33. Maternity leave
34. Paternity and other forms of leave
E – Unfair termination of employment
35. Application of this Sub-Part
The provisions of this Sub-Part shall not apply to an employee with less than 6 months' employment with the same employer, whether under one or more contracts.36. Interpretation
For purposes of this Sub-Part—37. Unfair termination
38. Termination based on operational requirements
39. Proof of unfair termination proceedings
In any proceedings concerning unfair termination of an employee by an employer, the employer shall prove that the termination is fair.40. Remedies for unfair termination
F – Other incidents of termination
41. Notice of termination
42. Severance pay
43. Transport to place of recruitment
44. Payment on termination and certificates of employment
Part IV – Trade unions, employers associations and federations
45. Obligation to register
46. Requirements for registration
47. Constitutional requirements
48. Process of registration
49. Effect of registration
50. Change of name or constitution
51. Accounts and audits
52. Duties of a registered organisation and federation
53. Non-compliance with constitution
54. Amalgamation of registered organisations and federations
55. Cancellation of registration
56. Dissolution of trade union or employer’s association
57. Appeals from decisions of Registrar
Any person aggrieved by a decision of the Registrar made under this Part may appeal to the Labour Court, against that decision.58. Publication in the Gazette
Part V – Organisational Rights
59. Interpretation
For the purposes of this Part—"authorised representative" means an office bearer or official of a trade union or any other person authorised to represent the trade union;"employer's premises" includes any premises under the control of the employer where work is done or the employees are accommodated;"labour laws" includes this Act and any other law relating to labour matters;"registered trade union" includes two or more trade unions acting jointly;"representative trade union" means a registered trade union that is the most representative trade union.60. Access to employer’s premises
61. Deduction of trade union dues
62. Trade union representation
63. Leave for trade union activities
The employer shall grant reasonable paid leave to—64. Procedure for exercising organisational right
65. Termination for organisational rights
Part VI – Collective bargaining
66. Interpretation
For the purposes of this Part—67. Recognition as exclusive bargaining agent of employees
68. Duty to bargain in good faith
69. Withdrawal of recognition
70. Obligation to disclose relevant information
71. Binding nature of collective agreements
72. Agency shop agreements
73. Workers' participation agreement
74. Disputes concerning collective agreements
Unless the parties to a collective agreement agree otherwise—Part VII – Strikes and lockouts
75. Right to strike and to lockout
Subject to the Provisions contained in this Part—76. Restrictions on the right to strike or lockout
77. Essential services
78. Disputes of interest in essential services
79. Minimum services during a strike or lockout
80. Procedure for engaging a lawful strike
81. Procedure for engaging in a secondary strike
82. Procedure for engaging in a lawful lockout
83. Nature of protection of a lawful strike or lockout
84. Strikes and lockouts not in compliance with this Part
85. Protest action
Subject to the provisions of subsection (2), an employee may take part in protest action if—Part VIII – Dispute resolution
A – Mediation
86. Referral of disputes for mediation under this Act
87. Consequences of not attending a mediation hearing
B – Arbitration
88. Resolving disputes by compulsory arbitration
89. Effect of an arbitration award
90. Correction of arbitration award
An arbitrator who has made an award under section 88(8) may, on application or on his own motion, correct in the award any clerical mistake or error arising from any accidental slip or omission.91. Revision of arbitration award
92. Application of Arbitration Ordinance
The Arbitration Ordinance, does not apply to an arbitration conducted by the Commission.[Cap. 15]93. Voluntary arbitration
C – Adjudication
94. Jurisdiction of the Labour Court
D – Dispute Procedure In Collective Agreements
95. Dispute resolution procedures in collective agreements
Part IX – General provisions
96. Records to be kept by employers and employees
97. Service of documents
98. Regulations
99. Guidelines and codes of good practice
100. Exemptions
101. Confidentiality
102. Penalties
103. Repeal and amendment of laws and savings provisions
History of this document
14 March 2025 amendment not yet applied
Amended by
Labour Laws (Amendments) Act, 2025
11 October 2021 amendment not yet applied
08 July 2016 amendment not yet applied
18 September 2015 amendment not yet applied
06 August 2010 amendment not yet applied
28 May 2010 amendment not yet applied
01 April 2010 amendment not yet applied
Amended by
Law of the Child Act
26 March 2010 amendment not yet applied
12 January 2007 amendment not yet applied
20 December 2006
11 June 2004 this version
04 June 2004
Assented to
Cited documents 0
Documents citing this one 878
Judgment 869
Law Reform Report 4
Government Notice 1
JOT Documents and Guidelines 1
Subsidiary legislation
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Government Notice 47 of 2017 | |
Government Notice 42 of 2007 |