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Tanzania
Labour Institutions Act, 2004
Chapter 300
- Published in Tanzania Government Gazette 24 on 11 June 2004
- Assented to on 4 June 2004
- There are multiple commencements
- [This is the version of this document from 19 June 2020.]
- [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.]
Provisions | Status |
---|---|
Part I (section 1–2); Part II (section 3–11); Part III (section 12–28); Part IV (section 29–33); Part V (section 34–42); Part VI (section 43–49); Part VII (section 50–58); Part VIII (section 59–66) | commenced on 1 February 2005 by Government Notice 24 of 2005. |
Part II, section 3A; Part VII, section 50(2)(c), section 54(a)–(c) | commenced on 19 June 2020. |
- [Amended by Written Laws (Miscellaneous Amendments) Act, 2006 (Act 8 of 2006) on 12 January 2007]
- [Amended by Written Laws (Miscellaneous Amendments) (No. 3) Act, 2010 (Act 17 of 2010) on 6 August 2010]
- [Amended by Employment and Labour Laws (Miscellaneous Amendments) Act, 2015 (Act 24 of 2015) on 18 September 2015]
- [Amended by Written Laws (Miscellaneous Amendments) (No. 2) Act, 2016 (Act 4 of 2016) on 8 July 2016]
- [Amended by Written Laws (Miscellaneous Amendments) (No. 2) Act, 2020 (Act 3 of 2020) on 19 June 2020]
Part I – Preliminary provisions
1. Short title
This Act may be cited as the Labour Institutions Act.2. Interpretation
In this Act, unless the context otherwise requires—"Commission" means the Commission for Mediation and Arbitration established under section 12;"Council" means the Labour, Economic and Social Council established under section 3;"Court" means the Labour Court;"ELRA" means the Employment and Labour Relations Act;[Cap. 366]"Labour Commissioner" means the Labour Commissioner appointed in terms of section 43(1) and in the absence of the Labour Commissioner, the Deputy Labour Commissioner;"Labour Court" means the Labour Division of the High Court established in accordance with the provisions of section 50"labour laws" includes this Act and any other written law in respect of which the Minister is responsible;"labour officer" means a labour officer stipulated in section 43(3) and include the Labour Commissioner or the Deputy Labour Commissioner;"Minister" means subject to section 34(a), the Minister for the time being responsible for labour matters;"Permanent Secretary" means unless otherwise expressed in this Act, the Permanent Secretary of the Ministry responsible for labour matters;"Registrar of the Labour Court" means the Registrar appointed in terms of section 54;"Registrar of Organisations" means the Registrar appointed in terms of section 43(2) and in the absence of the Registrar, the Deputy Registrar appointed in terms of subsection (2);"sector" means an industry or a service or part of an industry or a service.[Act No. 17 of 2010 s. 18]Part II – Labour, Economic and Social Council
3. Establishment of Council
There is hereby established a Council for Labour, Economic and Social matters.3A. Certain advocates exempted from provisions of the Act
4. Composition of Council
5. Function and powers of Council
6. Tenure of office and terms and conditions of membership
7. Removal of members and filling of vacancies
8. Committee of Council
9. Meeting of Council
10. Administration of Council
11. Annual report of Council
The Council shall submit an annual report of its activities in each calendar year to the Minister before 30 June of the next year.Part III – Commission for Mediation and Arbitration
12. Establishment of Commission
There is hereby established a Commission for Mediation and Arbitration.[Cap 4 s. 8]13. Independence and status of Commission
14. Functions of Commission
15. Powers of Commission
16. Composition of Commission
17. Tenure and conditions of service of Commissioners
18. Director of Commission
19. Mediators and arbitrators
20. Powers of mediators and arbitrators
21. Oaths
A Commissioner, the Director, mediator and arbitrator shall, before entering upon the duties of office, take and subscribe to an oath for the due performance of the functions of office as set out in the Schedule to this Act.22. Staff of Commission
23. Finances of Commission
24. Accounts and audits
25. Power to contract
26. Delegation of Commission’s powers
27. Limitation of liability and limitation of disclosure
28. Annual report of Commission
Part IV – Essential Services Committee
29. Establishment of Essential Services Committee
There is hereby established an Essential Services Committee within the Commission.30. Functions of Essential Service Committee
The functions of the Essential Services Committee shall be—31. Appointment of Essential Service Committee
32. Powers of Essential Services Committee
33. Administration of Essential Services Committee
Part V – Wage boards
34. Interpretation
For the purpose of this Part, ‘Minister’ means—35. Appointment of wage boards
36. Functions and powers of wage boards
37. Investigations
In any investigation, a wage board shall take into account—38. Report of wage board
39. Making of wage order
40. Period of operation of wage order
41. Legal effect of wage order
42. Administration of wage board
Part VI – Labour administration and inspection
43. Appointment of Labour Commissioner and other officers
44. Delegation
45. Powers of labour officers
45A. Power to compound offences
46. Compliance order
47. Objections to compliance order
48. Appeals from order of Labour Commissioner
49. Offences in relation to labour officers
Part VII – Labour Court
50. Establishment and constitution of Labour Court
51. Jurisdiction of Labour Court
Subject to the Constitution and the labour laws and over employment matter falling under common law, tortious liability, vicarious liability or breach of contract within the pecuniary jurisdiction of the High Court, the Labour Court has exclusive civil jurisdiction over any matter reserved for its decision by the labour laws.[Act No. 8 of 2006 Sch.]52. Powers of Labour Court
53. Assessors
54. Deputy Registrar
There shall be Deputy Registrars who shall exercise powers and perform such duties as are conferred under—55. Rules of Labour Court
56. Representation in Labour Court
In any proceedings before the Labour Court, a party to the proceedings may appear in person or be represented by—57. Appeals from decisions of Labour Court
Any party to the proceedings in the Labour Court may appeal against the decision of that Court to the Court of Appeal of Tanzania on a point of law only.58. References by Labour Commissioner to Labour Court and Court of Appeal of Tanzania
Part VIII – General
59. Confidentiality
60. Burden of proof
61. Presumption as to who is employee
For the purposes of a labour law, a person who works for, or renders services to, any other person is presumed, until the contrary is proved, to be an employee, regardless of the form of the contract, if any one or more of the following factors is present—62. Guidelines
63. Offences
64. Penalties
65. Regulations
66. Savings and transitional provisions
History of this document
19 June 2020 this version
Commenced
30 November 2019
Consolidation
Read this version
08 July 2016
18 September 2015
06 August 2010
12 January 2007
01 February 2005
Commenced by
Labour Institutions (Commencement Date) Notice, 2005
11 June 2004
04 June 2004
Assented to
Cited documents 0
Documents citing this one 159
Judgment 156
Government Notice 2
1. | Minimum Wages Board Establishment Order, 2002 | 1 citation |
2. | Regulation of Wages and Terms of Employment Act (Limitation of Application) Order, 1972 |
Act 1
1. | Industrial Court of Tanzania Act | 72 citations |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Labour Institutions (General) Regulations, 2017 | Government Notice 45 of 2017 | 24 February 2017 |
Labour Institutions (Regulation of Wages and Terms of Employment) Order, 2007 | Government Notice 223 of 2007 | 16 November 2007 |
Labour Court Rules, 2007 | Government Notice 106 of 2007 | 18 May 2007 |