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Non-Citizens (Employment Regulation) Act, 2015

Act 1 of 2015

The commencement date of this work could not be ascertained. We used the date 31 December of the year in which it was published.
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Non-Citizens (Employment Regulation) Act, 2015
Citation
Act 1 of 2015
Date
22 May 2015
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English
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Act
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Tanzania

Non-Citizens (Employment Regulation) Act, 2015

Act 1 of 2015

  • Published in Tanzania Government Gazette 22 on 22 May 2015
  • Assented to on 25 April 2015
  • Commenced on 31 December 2015
  • [This is the version of this document as it was from 22 May 2015 to 30 June 2021.]
  • [The commencement date of this work could not be ascertained. We used the date 31 December of the year in which it was published.]
An Act to regulate and realign the legal regime for employment and engagement in other occupations by non-citizens in Mainland Tanzania and to provide for related matters.ENACTED by Parliament of the United Republic of Tanzania.

Part I – Preliminary provisions

1. Short title and commencement

This Act may be cited as the Non-Citizens (Employment Regulation) Act, 2015 and shall come into operation on such date as the Minister may, by notice in the Gazette, appoint.

2. Application

(1)This Act shall apply to Mainland Tanzania.
(2)Without prejudice to subsection (1), the provisions of this Act shall not apply to—
(a)an envoy or other representative of the Government of a foreign states accredited to Tanzania, family members of the official staff and domestic staff of such envoy or representative;
(b)a consular officer or consular employee of the Government of a foreign States appointed to Tanzania and recognized as such by the Government of Tanzania; and
(c)any other person exempted by the Minister pursuant to the provisions of this Act.

3. Interpretations

In this Act, unless context otherwise requires—“authorized officer” means a labour officer, police officer, immigration officer or any other public officer designated as such by the Minister pursuant to this Act;“employee” has the same meaning ascribed to it under the Employment and Labour Relations Act;[Cap. 366]“employer” has the same meaning as ascribed under the Employment and Labour Relations Act;[Cap. 366]“foreign investors” means:(a)in case of a natural person, a person who is not a citizen of the United Republic;(b)in case of a company, a company incorporated under the laws of a foreign state or in which more than fifty percent of its shares are held by persons who are not citizen of the United Republic; and(c)in case of partnership, a partnership in which the controlling interest is owned by a person who is not a citizen of the United Republic;“labour officer” means a labour officer appointed as such in terms of section 43(4) of the Labour Institution Act;[Cap. 300]“Labour Commissioner” means the Labour Commissioner appointed in terms of section 43(1) of the Labour Institutions Act;[Cap. 300]“Minister” means the Minister responsible for labour and employment matters;“non-citizen” means a person who is not a Tanzanian pursuant to the Citizenship Act;[Cap. 357]“prescribed profession” includes medical and health care professionals, experts in oil and gas and teachers and university lecturers in science and mathematics;“Register” means the Work Permit Register established under section 8;“self-employed person” means a person who is engaged in an economic activity not under any contract of employment or under supervision and who earns a living through such activity;“work permit” means a permit issued by the Labour Commissioner pursuant to this Act.

Part II – Administrative provisions

4. Roles and powers of the Minister

(1)The Minister shall, subject to the provisions of this Act, be the authority in all matters relating to employment and engagement of non-citizens.
(2)For the purpose of subsection (1), and subject to the provisions of this Act, the Minister may give directives of a general or specific nature to the Labour Commissioner or any authorized officer as to the exercise of any power or the performance of any function conferred or imposed on him by this Act.
(3)Every person to whom directions have been given by the Minister under subsection (1) shall comply with such directions.
(4)The Minister may, subject to the prescribed regulations, exempt any person or class of persons from the application of the provisions of this Act.
(5)The regulations made under subsection (4) shall prescribe the procedure and grounds for granting exemptions.
(6)A person exempted pursuant subsection (4) shall be issued with a certificate of exemption in a form set out in the Fourth Schedule to this Act.
(7)The Minister shall, by notice published in the Gazette, declare the type and classification of employment or other occupation in which a non-citizen may be employed or engaged.
(8)A work permit or certificate of exemption shall not be issued for employment or engagement in any occupation other than in the employment and occupation declared under subsection (7).

5. Functions and powers of the Labour Commissioner

(1)The Labour Commissioner shall be responsible for the implementation of the provisions of this Act; and for that purpose, the functions of the Labour Commissioner shall be to—
(a)advise the Minister on all matters relating to employment of non-citizens;
(b)receive, process applications for and issue work permits pursuant to the provisions of this Act;
(c)receive and process applications for exemptions and advise the Minister accordingly;
(d)keep and maintain a Register of records for work permits and exemptions established under section 8; and
(e)perform any other function as may be assigned to him by the Minister subject to the provisions of this Act.
(2)For the effective discharge of his functions under this Act, the Labour Commissioner shall have powers to—
(a)issue, vary, renew or cancel any work permit issued under this Act;
(b)subject to the provisions of this Act, reject any application for work permit; and
(c)perform any act for the better carrying out of his functions under this Act.
(3)Notwithstanding the provisions of any written law, the Labour Commissioner shall be the authority responsible for issuing of work permits in Mainland Tanzania.
(4)The Labour Commissioner may delegate any of his functions or powers to any public institution or person and such public institution or person shall perform such functions or exercise such powers as if they were performed or exercised by the Labour Commissioner.
(5)Notwithstanding the delegation of functions or powers under subsection (4), the Labour Commissioner may, where he deems necessary, perform or exercise any of the functions or powers, as the case may, so delegated and such performance shall not be construed as illegal.

6. Authorized officers

(1)For the purpose of this Act, labour officers, police officers and immigration officers are hereby designated authorized officers and shall exercise powers and discharge duties conferred to the authorized officer under this Act.
(2)Notwithstanding subsection (1), the Minister may, in consultation with the Labour Commissioner, designate any public officer to be authorized officer for the purposes of this Act.
(3)An authorized officer may require the holder of a work permit or certificate of exemption or any person claiming to be the holder of such a permit or certificate—
(a)to produce it for examination by the authorized officer at such time and place as the officer making the requirement shall specify; or
(b)to present himself to an authorized officer for examination at such time and place as the officer making the requirement shall specify;
(4)Any person who has been required under subsection (3) to submit a work permit or certificate of exemption or present himself to an authorized officer for examination shall answer truthfully and to the best of his knowledge every question put to him by the authorized officer.
(5)Any person who, without reasonable cause, fails to comply with a requirement under subsections (3) and (4) commits an offence and shall, on conviction, be liable to a fine not less than shillings five million or to imprisonment for a term not less than six months or to both.

7. Succession plan

(1)Any person who intends to employ or engage a non-citizen in an employment or any other occupation, as the case may be, shall prepare a succession plan which shall, among other things, set out—
(a)a well-articulated plan for succession of the noncitizen’s knowledge or expertise to the citizens during his tenure of employment; and
(b)any other information as may be directed by the Labour Commissioner.
(2)Any person who employs or engages in an employment or any other occupation a non-citizen shall be required to establish effective training programme to produce local employees to undertake duties of the non-citizen expert.

8. Work Permit Register

(1)There shall be a register to be known as the Work Permit Register to be kept and maintained by the Labour Commissioner into which shall be recorded information relating to work permit and certificate of exemptions and such other information as the Labour Commissioner may deem necessary.
(2)A person may, upon payment of prescribed fee, and within specified time, peruse the register and make copies from the register.

Part III – Regulation of employment of non-citizens

9. Employment, and engagement of non-citizens

(1)A non-citizen shall not engage in any occupation for reward, profit or non-profit unless he—
(a)has a valid work permit that allows that person to engage in the occupation specified in the valid work permit; or
(b)is the holder of a valid certificate of exemption issued to him under this Act.
(2)A person shall not employ, engage or cause to be employed or engaged in any occupation a non-citizen unless—
(a)the non-citizen has a valid work permit that allows that person to be employed in the occupation specified in the valid work permit; or
(b)the non-citizen has a valid certificate of exemption issued to him under this Act.
(3)Any person who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine of not less than ten million shillings or to imprisonment for a term of not less than two years or to both.

10. Application for work permit

(1)Any person who wishes to employ or engage a non-citizen in any occupation shall apply for a work permit to the Labour Commissioner prior to entry by that non-citizen.
(2)An application under subsection (1), shall be made in a form set out in the First Schedule to this Act, and shall be accompanied by—
(a)a fee prescribed in the Sixth Schedule to this Act; and
(b)relevant documents specified in the Second Schedule to this Act.
(3)A non-citizen employed or engaged in any occupation pursuant to this Act shall possess qualifications, knowledge and skills requisite for the performance of the job for which the work permit is issued.

11. Consideration of application

(1)The Labour Commissioner shall, on receipt of the application for work permit, consider it and may, if satisfied that—
(a)the application complies with the provisions of this Act, issue a work permit; or
(b)the application does not comply with the provisions of this Act, refuse to issue a work permit,
and shall immediately, in any case, inform the applicant in writing of his decision and reasons to that effect.
(2)The Labour Commissioner shall, before approving an application for a work permit, satisfy himself that all possible efforts have been explored to obtain a local expert.
(3)The Labour Commissioner may, summon the person who lodged the application for examination, at such time and place as he may specify.
(4)Any person who summoned for examination shall for the best of his knowledge answer any question put to him.
(5)The Labour Commissioner shall, when considering application for a work permit take into account of the regional and bilateral agreements which the United Republic is a signatory.

12. Work permit

(1)A work permit issued under section 11 shall be in a form set out in the Third Schedule to this Act and may be accompanied with conditions.
(2)Breach of any conditions attached to a work permit shall have the same effect as the contravention of any of the provisions of this Act.
(3)A work permit issued under this Act shall not be transferable and shall be valid only for the purpose for which it was issued.
(4)Unless earlier cancelled, a work permit shall be valid for a period of twenty four months from the date of issue and may, subject to the provisions of this Act, be renewed provided that the total period of validity of the first grant and its renewals shall not, in any case, exceed five years.
(5)Notwithstanding the provisions of subsection (4), the total period of validity of a work permit of an investor whose contribution to the economy or the wellbeing of Tanzanians through investment is of great value, may exceed ten years.
(6)The provisions of sections 9 and 10 shall apply mutatis mutandis in relation to the renewal of work permit.

13. Categories of work permit

(1)There shall be five categories of work permits as follows:
(a)Class A which shall be issued to a foreign investor who is a self-employed;
(b)Class B which shall be issued to a non-citizen who is in possession of a prescribed profession;
(c)Class C which shall be issued to a non-citizen who is in possession of such other profession;
(d)Class D which shall be issued to a non-citizen employed or engaged in a registered religious and charitable activities; and
(e)Class E which shall be issued to refugees.
(2)Prescription of a work permit fee shall take into consideration the class of a work permit applied for.
(3)Where a person issued with a permit of one class of work permit is subsequently granted a permit of another class, he shall surrender the former permit to the Labour Commissioner for cancellation.

14. Cancellation of work permit

(1)The Labour Commissioner may cancel a work permit if—
(a)the holder fails without reasonable cause, to comply with conditions prescribed in the work permit;
(b)the holder ceases to engage in the employment or occupation for which such permit was issued for;
(c)it has come to the knowledge of the Labour Commissioner that there was a misrepresentation of information in the application by the permit holder; or
(d)in the opinion of the Labour Commissioner, the presence of the work permit holder in the United Republic jeopardizes public interest.
(2)The Labour Commissioner shall, after cancelling a work permit in accordance with subsection (1), notify the principal Commissioner for Immigration of the cancelation.

15. Lost and Stolen work permit, certificate of exemption

(1)Where a work permit or certificate of exemption is lost, stolen or severely damaged, the permit or certificate holder shall apply for replacement to the Labour Commissioner.
(2)The application under subsection (1), shall be accompanied by—
(a)a prescribed fee;
(b)sworn declaration as to the circumstances surrounding the loss, theft or damage of the permit or certificate; and
(c)certification from the authority to whom the loss, theft or damage was reported.

16. Returns

(1)Every person who employs or engages a non-citizen in any occupation shall, on every 30th June and 31st December of every year, submit to the Labour Commissioner returns on employment of non-citizens so employed or engaged in a form prescribed in the Fifth Schedule to this Act.
(2)Notwithstanding subsection (1), in event the term of employment of a non-citizen ceases earlier than the six months of returns, the employer shall immediately report the cessation to the Labour Commissioner.

17. Surrender of work permit

(1)The work permit or certificate of exemption, as the case may be, issued under this Act shall be in the name of the United Republic and remain the property of the Government of the United Republic.
(2)A work permit or certificate of exemption, as the case may be, shall be kept by the person to whom it is issued and shall on demand be produced.
(3)Where the holder of a work permit or certificate of exemption is about to leave the United Republic, he shall within fourteen days before the day of his departure, surrender the permit or certificate to the Labour Commissioner who shall dispose of the same in such manner prescribed in the regulations.
(4)Any person who, without reasonable cause, contravenes provisions of this section commits an offence and shall, on conviction, be liable to a fine not less than ten million shillings or to imprisonment for a term not less than twelve month, or both.

Part IV – General provisions

18. Appeals

(1)A person aggrieved by the decision of the Labour Commissioner to refuse to grant or cancel a work permit may, within thirty days from the date of decision, appeal to the Minister.
(2)Subject to the provisions of subsection (1), the Minister after considering the appeal may confirm or vary the decision of the Labour Commissioner.

19. Incentives to certified investors

(1)Subject to this Act, any person who is granted incentives pursuant to the Tanzania Investment Act, the Special Economic Zones Act, and the Export Processing Zones Act, shall continue to be entitled to an initial automatic immigrant quota of up to five persons during the start-up period of the investment.[Cap. 38; Cap. 373; Cap. 420]
(2)Subject to subsection (1), the Tanzania Investment Centre and the Export Processing Zones Authority shall make an application for any person in additional to immigrant quota to the Labour Commissioner.
(3)Subject to subsection (2), the Labour Commissioner, may authorise any additional person whom he shall deem necessary after taking into consideration the availability of qualified Tanzanians, complexity of the technology employed by the business enterprise and agreements reached with the investor.

20. Offences and penalties

A person who—
(a)furnishes false information for the purpose of procuring a work permit or certificate of exemption knowing that, the information is false;
(b)obtains or attempts to obtains any document by means of fraud, false pretence or by presenting or submitting a false or forged document;
(c)obstructs or hinders a labour officer or any other authorized officer in the execution of his duty under this Act; and
(d)contravenes any condition attached to the work permit,
commits an offence and shall, on conviction, be liable to a fine not less than ten million shillings or imprisonment for a term not less than twelve months or to both.

21. Powers to inspect

It shall be lawful for the labour officer to enter and inspect any place of employment, call for, examine and record all documents relating to employment for the purposes of ensuring compliance with the provisions of this Act.

22. Powers to make Regulations

(1)The Minister may make regulations for the better carrying out of the provisions of this Act.
(2)Without prejudice to the generality of the foregoing, the Minister may make regulations—
(a)prescribing for the form and modality of maintenance of the Register;
(b)prescribing for the procedure and grounds for issuance of exemption from the application of the provision of this Act
(c)prescribing for the procedure for returns with regard to any person to whom or in respect of whom a permit has been issued contents of the returns;
(d)prescribing for the information to be given by an employer or prospective employer in relation to—
(i)the arrival or expected arrival in Tanzania;
(ii)the taking up or failure to take up employment by;
(iii)the dismissal from the employment of; and
(iv)the expiration of termination of contract of employment concerning any person other than a citizen of Tanzania employed or to be employed by the employer and anything which may be prescribed under the provisions of this Act.

23. Powers to amend Schedules

The Minister may, by order published in the Gazette, amend the Schedules to this Act.

24. Conflict of laws

In case of conflict between this Act and any other written law providing for issuance of work permit, the provision of this Act shall prevail to the extent of the inconsistence.

Part V – Consequential amendments

25. Amendment of the Education Act

The Education Act is amended in section 46 by inserting the phrase “subject to the provisions of the Non-Citizens (Employment Regulation) Act” between the words “may” and “authorize” appearing in subsection (5).[Cap. 353]

26. Amendment of the Export Processing Zones Act

The Export Processing Zones Act is amended in section 21, by adding the phrase “and the work permit in accordance with the Non-Citizens (Employment Regulation) Act” immediately after the figure “1995” appearing subsection (1)(h).[Cap. 373]

27. Amendment of the National Promotion Service Act

The National Employment Promotion Service Act is amended by repealing Part VI.[Cap. 243]

28. Amendment of the Immigration Act

The Immigration Act is amended—
(a)in section 3, by inserting in its respective alphabetical order the following definition:“work permit” means the work permit issued by the Labour Commissioner pursuant to the Non-Citizens (Employment Regulation) Act.
(b)in section 16, by deleting the words “this Act” appearing in subsections (1) and (2) and substituting for them the phrase “the Non-Citizens (Employment Regulation) Act”;
(c)in section 17, by deleting the words “work permit” appearing in paragraphs (a) and (b) of subsection (3).
(d)in section 19, by—
(i)adding immediately after the word “fit” the phrase “after taking into consideration the conditions of the work permit issued by the Labour Commissioner to that effect”;
(ii)deleting the phrase “if the Director thinks that that person's contribution is still valuable and in demand” and substituting for it the phrase “the Director after taking into consideration conditions of the work permit issued by the Labour Commissioner to that effect”.
(e)in section 20, by adding immediately after the word “fit” the phrase “after taking into consideration conditions of the work permit issued by the Labour Commissioner to that effect”.
[Cap. 54]

29. Amendment of the Refugees Act

The Refugees Act is amended in section 32 by adding immediately after subsection (4), the following new subsection:“
(5)The Director shall, on every 30th of June and 31st of December of each year submit to the Labour Commissioner a return on employment status of refugees in a manner prescribed in the regulations.”
[Cap. 37]

30. Amendment of the Special Economic Zones Act

The Special Economic Zones Act is amended in section 40, by adding the phrase “and the work permit in accordance with the Non-Citizens (Employment Regulation) Act” immediately after the figure “1995” appearing in subsection (1)(h).[Cap. 420]

31. Amendment of the Tanzania Investment Act

The Tanzania Investment Act is amended in section 24, by adding immediately after the phrase “Immigration Department” appearing in subsection (2) the phrase “and the Labour Commissioner”.

First Schedule (Made under section 10(2))

Application for work permit

[Please note: The form has not been reproduced. Please refer to the publication document.]

Second Schedule (Made under section 10(2)(b))

Documents accompanying an application for work permit

(Made under section 10(2))

1.Contract of employment duly signed by employer and employee.
2.Job description.
3.Curriculum Vitae of the employee.
4.Two recent passport size photos of the applicant.
5.Certification from respective professional bodies that regulate the post for which a work permit is sought (Such professions include but not limited to accountants & auditors, engineers, surveyors, medical doctors, nurses, pilots, teachers, gaming, procurement, hunting, insurance and banking).
6.Academic/professional certificates.
7.Certified translation in authorised Kiswahili or English certificates/documents if they are in other languages than English/Swahili.
8.Photo copy of passport.
9.Previous work permit (for renewal application).
10.Business license.
11.Tax Identification Number (TIN).
12.Value Added Tax (VAT).
13.Memorandum & Articles of Association.
14.Succession plan, in the case of employment;
15.Other information as may be required by the Labour Commissioner.
NB. All copies for attachments must be certified.

Third Schedule (Made under section 12)

Work permit

[Please note: The form has not been reproduced. Please refer to the publication document.]

Fourth Schedule (Made under section 16)

Certificate of exemption

[Please note: The form has not been reproduced. Please refer to the publication document.]

Fifth Schedule (Made under section 16))

Return of employment of non-citizens

[Please note: The form has not been reproduced. Please refer to the publication document.]

Sixth Schedule (Made under sections 10(2))

Work permit and register inspection fee

ClassItemFee (USD)
AInvestors and Self employed1,000
BNon-citizen in possession of prescribed professions500
CNon-citizen in possession of other professions1,000
DNon-citizen employed or engaged in approved religious and charitable activities500
ERefugeesGratis
(a)Work Permit Register Inspection Fee:- USD 50
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History of this document

14 March 2025 amendment not yet applied
11 October 2021 amendment not yet applied
01 July 2021 amendment not yet applied
Amended by Finance Act, 2021
31 December 2015
Commenced
22 May 2015 this version
25 April 2015
Assented to

Subsidiary legislation

Title
Non-Citizens (Employment Regulation) Regulations, 2016 Government Notice 331 of 2016