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Industrial Court of Tanzania (Prescribed Forms) Regulations, 1995

Government Notice 330 of 1995

Industrial Court of Tanzania (Prescribed Forms) Regulations, 1995
Citation
Government Notice 330 of 1995
Primary work
Industrial Court of Tanzania Act
Date
31 July 2002
Language
English
Type
Government Notice
Collections
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Tanzania
Industrial Court of Tanzania Act

Industrial Court of Tanzania (Prescribed Forms) Regulations, 1995

Government Notice 330 of 1995

  • Published in Tanzania Government Gazette
  • Commenced
  • [This is the version of this document at 31 July 2002.]
  • [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by 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. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]

Part I – Preliminary (regs 1-2)

1. Short title

These Regulations may be cited as the Industrial Court of Tanzania (Prescribed Forms) Regulations.

2. Interpretation

In these Regulations unless the context requires otherwise—"the Court" means the Industrial Court of Tanzania established under Part IV of the Act1;1Cap. 60"District Labour Officer" means any Labour Officer either stationed at the District Labour Office or at the Regional Labour Office in a District or Region within which the trade dispute arose and includes any Labour Officer appointed by the Labour Commission to to conciliate the parties in a particular trade dispute;"form" means a form prescribed in the Schedule to these Regulations;"Labour Officer" means a person holding Office in the service of Government as a Principal Labour Officer, Senior Labour Officer or Labour Officer and includes the Labour Commissioner and any Assistant Labour Commissioner;"Regulations" means these Regulations as amended from time to time;"trade dispute" has the meaning ascribed to it in the Act;"Union" means a registered Trade Union under the Trade Unions Act2.2Cap. 244

Part II – Prescribed forms (regs 3-8)

3. Schedule

(1)Subject to the provisions of these Regulations, the forms set out in the Schedule to these Regulations shall be used, with such variations as the circumstances require, for the matters to which they relate.

4.

(1)Form TD. 1 in the Schedule shall be used by the Labour Officer in certifying that an employee is or is not employed in management of the business of his employer.
(2)The Labour Officer shall, prior to issuing a Certificate as aforesaid, afford both the employee and employer an opportunity of being heard.

5.

(1)In reporting a trade dispute to the Union Branch or the Union District Secretary or the District Labour Officer, the employee or the employer or the Union Branch or District Secretary, as the case may be, shall complete Form TD. 2 of the Schedule.
(2)Where there is no Union Branch at the place of work, a member of a registered trade union shall first report a trade dispute to his District Secretary within fourteen days of its occurrence and the District Secretary shall, within fourteen days of the dispute being reported to him report the same to the District Labour Officer.
(3)Where a dispute arises as to the date of the occurrence of a trade dispute, the District Labour Officer, on application in writing being made to him by either party or on his own motion within 14 days of the report being made under section 4 of the Act, shall hear and determine the matter and shall issue a certificate to that effect on Form TD. 3 of the Schedule.
(4)A certificate by the District Labour Officer under this Regulation shall be receivable as final and conclusive evidence.

6.

(1)The District Labour Officer shall report to the Labour Commissioner his failure to conciliate the parties to the trade dispute on Form TD. 4 of the Schedule.
(2)Where the District Labour Officer succeeds to effect a settlement of the dispute between the parties, a written agreement duly signed by the parties shall be submitted by him to the Labour Commissioner on Form TD. 5 of the Schedule.

7.

The Labour Commissioner or any Labour Officer authorised by him shall transmit a trade dispute to the Court on Forms TD. 6A and TD. 6B of the Schedule together with his comments.

8.

A certificate under the hand of the Labour Commissioner or the District Labour Officer as to whether a trade dispute has been reported to him or not, or whether a trade dispute has been reported to the Court, shall be made on Form TD. 7 of the Schedule.

Schedule

Forms TD. 1 - TD. 7

[Editorial note: The forms have not been reproduced.]
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