Cap. 366 Employment and Labour Relations Act, R.E 2023 - MD, Mendez
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masukiliving56Cap. 366 Employment and Labour Relations Act, R.E 2023 - MD, Mendez
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masukiliving56CHAPTER 366
THE EMPLOYMENT AND LABOUR RELATIONS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
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Section Title
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PRELIMINARY PROVISIONS
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1. Short title.
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2. Application.
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3. Objects.
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4. Interpretation.
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FUNDAMENTAL RIGHTS AND PROTECTIONS pr
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Sub-Part A – Child Labour
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5. Prohibition of child labour.
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Sub-Part B – Forced Labour
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6. Prohibition of forced labour.
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Sub-Part C – Discrimination
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7. Prohibition of discrimination in workplace.
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8. Prohibition of discrimination in trade unions and employer associations.
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Sub-Part D – Freedom of Association
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9. Employee’s right to freedom of association.
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10. Employer’s right to freedom of association.
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11. Rights of trade unions and employers’ associations.
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Sub-Part E – Access to Health Insurance
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12. Access to health Insurance.
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PART III
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EMPLOYMENT STANDARDS
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Sub-Part A– Preliminary
13. Application of this Part.
14. Employment standards.
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THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
15. Contracts with employees.
16. Written statement of particulars.
17. Informing employees of their rights.
Sub-Part B – Hours of Work
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18. Application of this Sub-Part.
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19. Interpretation.
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20. Hours of work.
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21. Night work.
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22. Compressed working week.
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23. Averaging hours of work.
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24. Break in working day.
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Daily and weekly rest periods.
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26. Public holidays.
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Sub-Part C – Remuneration
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27. Calculation of wage rates.
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28. Payment of remuneration.
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29. Deductions and other acts concerning remuneration.
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Sub-Part D – Leave
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30. Application of this Sub-Part.
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31. Interpretation of this Sub-Part.
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32. Annual leave.
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33. Sick leave.
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34. Maternity leave.
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35. Paternity leave and other forms of leave.
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Sub-Part E–Unfair Termination of Employment
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36. Application of this Sub-Part.
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37. Interpretation.
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38. Unfair termination.
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39. Termination based on operational requirements.
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40. Proof of unfair termination proceedings.
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41. Remedies for unfair termination.
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Sub-Part F- Other Incidents of Termination
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42. Notice of termination.
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43. Severance pay.
44. Transport to place of recruitment.
45. Payment on termination and certificates of employment.
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THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
PART IV
TRADE UNIONS, EMPLOYER ASSOCIATIONS AND FEDERATIONS
46. Obligation to register.
47. Requirements for registration.
48. Constitutional requirements.
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49. Process of registration.
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50. Effect of registration.
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51. Change of name or constitution.
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52. Accounts and audit.
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53. Duties of registered organisations and federations.
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54. Non-compliance with constitution.
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55. Amalgamation of registered organisations and federations.
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56. Cancellation of registration.
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57. Dissolution of trade union or employer’s association.
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58. Appeals from decisions of the Registrar.
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59. Publication in Gazette.
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PART V
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ORGANISATIONAL RIGHTS
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60. Interpretation.
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61. Access to employer’s premises.
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62. Deduction of trade union dues.
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63.
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Trade union representation.
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64. Leave for trade union activities.
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65. Procedure for exercising organisational rights.
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66. Termination of organisational rights.
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PART VI
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COLLECTIVE BARGAINING
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67. Interpretation.
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68. Recognition as exclusive bargaining agent of employees.
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69. Duty to bargain in good faith.
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70. Withdrawal of recognition.
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71. Obligation to disclose relevant information.
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72. Binding nature of collective agreements.
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73. Agency shop agreements.
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74. Workers’ participation agreements.
75. Disputes concerning collective agreements.
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THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
PART VII
STRIKES AND LOCKOUTS
76. Right to strike and lockout.
77. Restrictions on the right to strike or lockout.
78. Essential services.
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79. Disputes of interest in essential services.
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80. Minimum services during strike or lockout.
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81. Procedure for engaging in lawful strike.
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82. Procedure for engaging in secondary strike.
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83. Procedure for engaging in lawful lockout.
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84. Nature of protection for lawful strike or lockout.
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85. Strikes and lockouts not in compliance with this Part.
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86. Protest action.
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PART VIII
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DISPUTE RESOLUTION
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Sub-Part A – Mediation pr
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87. Referral of disputes for mediation under this Act.
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88. Consequences of not attending mediation hearing.
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Sub-Part B – Arbitration
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89. Resolving disputes by compulsory arbitration.
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90. Effect of arbitration award.
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91. Correction of arbitration award.
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92. Revision of arbitration award.
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93. Application of Arbitration Act.
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94. Voluntary arbitration.
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Sub-Part C. Adjudication
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95. Jurisdiction of Labour Court.
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Sub-Part D – Dispute Procedures in Collective Agreements
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Dispute resolution procedures in collective agreements.
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PART IX
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GENERAL PROVISIONS
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97.
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Records to be kept by employers and employees.
98. Service of documents.
99. Regulations.
100. Guidelines and codes of good practice.
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THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
101. Exemptions.
102. Confidentiality.
103. Penalties.
104. Inconsistency with written Laws.
105. Repeal and amendment of laws and savings provisions.
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SCHEDULES
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CHAPTER 366
THE EMPLOYMENT AND LABOUR RELATIONS ACT
An Act to make provisions for core labour rights, to establish basic
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employment standards, to provide a framework for collective bargaining,
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to provide for the prevention and settlement of disputes, and to provide
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for related matters.
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[20th December, 2006]
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[GN. No. 1 of 2007]
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Acts Nos. 17 of 2010
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8 of 2006 4 of 2016
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21 of 2009 8 of 2021
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2 of 2010 9 of 2021
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11 of 2010 13 of 2023
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PART I
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PRELIMINARY PROVISIONS
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1. This Act may be cited as the Employment and Labour
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Short title
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Relations Act.
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Application 2.–(1) This Act shall apply to all employees including those in
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Acts Nos.
the public service of the Government of Tanzania in Mainland
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9 of 2021 s. 22 Tanzania but shall not apply to members, whether temporary
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or permanent, in the service of:
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(a) the Tanzania Peoples Defence Forces;
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(b) the Police Force;
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(c) the Prisons Service;
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(d) the National Service;
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(e) the Fire and Rescue Force; or
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(f) the Immigration Services Department.
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(2) The Minister may, after consultation with the Council
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and the relevant Minister responsible for the service or
services excluded under subsection (1) of this section, by
notice published in the Gazette, determine the categories of
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THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
employees employed in the said services who may be excluded
services to whom this Act may apply.
(3) The provisions of sections 5, 6 and 7 shall apply
to members of the forces and services referred to in
subsection (1).
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3. The principal objects of this Act shall be-
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Objects
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(a) to promote economic development through economic
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efficiency, productivity and social justice;
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(b) to provide the legal framework for effective and
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fair employment relations and minimum standards
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regarding conditions of work;
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(c) to provide a framework for voluntary collective
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bargaining;
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(d) to regulate the resort to industrial action as a means to
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resolve disputes;
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(e) to provide a framework for the resolution of disputes
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by mediation, arbitration and adjudication;
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Cap. 2 (f) to give effect to the provisions of the Constitution of
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the United Republic of Tanzania, 1977 in so far as
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they apply to employment and labour relations and
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conditions of work; and
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(g) generally to give effect to the core Conventions of the
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International Labour Organisation as well as other
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ratified conventions.
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4. In this Act, unless the context requires otherwise-
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Interpretation
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Act No.
“arbitrator” means an arbitrator appointed under section 19
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Cap. 300 of the Labour Institutions Act;
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“basic wage” means that part of an employee’s remuneration
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paid in respect of work done during the hours ordinarily
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worked but does not include-
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(a) allowances, whether or not based on the employee’s
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basic wage;
(b) pay for overtime worked in terms of section 20(5);
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THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(c) additional pay for work on a Sunday or a public
holiday; or
(d) additional pay for night work, as required under section
21(4);
“child” means a person under the age of 14 years: provided
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that for the employment in hazardous sectors, child
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means a person under the age of 18 years;
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“collective agreement” means a written agreement concluded
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by a registered trade union and an employer or registered
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employers’ association on any labour matter;
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“Commission” means the Commission for Mediation and
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Arbitration established under section 12 of the Labour
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Cap. 300 Institutions Act;
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“complaint” means any dispute arising from the application,
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interpretation or implementation of- re
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(a) an agreement or contract with an employee;
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(b) a collective agreement;
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(c) this Act or any other written law administered by the
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Minister; and
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(d) Part VII of the Merchant Shipping Act;
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Cap. 165
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“Council” means the Labour, Economic and Social Council
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Cap. 300 established under section 3 of the Labour Institutions
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Act;
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“dispute”-
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(a) means any dispute concerning a labour matter between
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any employer or registered employers’ association on
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the one hand, and any employee or registered trade
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union on the other hand; and
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(b) includes an alleged dispute;
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“dispute of interest” means any dispute except a complaint;
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“employee” means an individual who-
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(a) has entered into a contract of employment; or
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(b) has entered into any other contract under which-
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(i) the individual undertakes to work personally for
the other party to the contract; and
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THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(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 99(3);
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“employer” means any person, including the Government
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and an executive agency, who employs an employee;
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“employers’ association” means any number of employers
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associated together for the purpose, whether by itself
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or with other purposes, of regulating relations between
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employers and their employees or the trade unions
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representing those employees;
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“employment” means the performance of a contract of
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employment by parties to the contract, under employer-
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employee relationship; re
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“Essential Services Committee’’ means the Essential Services
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Committee established under section 29 of the Labour
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Institutions Act;
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Cap. 300
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“federation” means either an association of trade unions or
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an association of employers’ associations;
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“Labour Commissioner” means the Labour Commissioner
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Cap. 300 appointed under section 43(1) of the Labour Institutions
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Act;
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“Labour Court” means the Labour Division of the High
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Court established under section 51 of the Labour
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Institutions Act;
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Cap. 300
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“Labour matter” means any matter relating to employment
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or labour relations;
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“lockout” means a total or partial refusal by one or more
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employers to allow their employees to work, if that refusal is
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to compel them to accept, modify or abandon any demand
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that may form the subject matter of a dispute of interest;
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“mediator” means a mediator appointed under section 19 of
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Cap. 300 the Labour Institutions Act;
“Minister” means the Minister for the time being responsible
for labour;
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THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
“operational requirements” means requirements based on
the economic, technological, structural or similar needs
of the employer;
“organisation” means a trade union or an employers’
association;
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“protest action” means a total or partial stoppage of work
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by employees for the purpose of promoting or defending
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the socio-economic interests of workers but not for a
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purpose-
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(a) referred to in the definition of strike; or
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(b) a dispute in respect of which there is a legal remedy;
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“registered organisation” means a registered trade union or
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registered employers’ association;
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“Registrar” means the Registrar appointed under section
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Cap. 300 43(2) of the Labour Institutions Act;
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“reinstatement” means that the contract of employment
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has revived with all its incidents and that the employee
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is entitled to all his rights during the period of absence
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from actual service;
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“remuneration” means the total value of all payments, in
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money or in kind, made or owing to an employee arising
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from the employment of that employee;
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‘’strike’’ means a total or partial stoppage of work by
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employees if the stoppage is to compel their employer,
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any other employer, or an employers’ association to which
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the employer belongs, to accept, modify or abandon any
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demand that may form the subject matter of a dispute of
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interest;
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“specific task” means a task which is occasional or seasonal
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and is non-continuous in nature; and
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“trade union” means any number of employees associated
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together for the purpose, whether by itself or with other
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purposes, of regulating relations between employees and
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their employers or the employers’ associations to which
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THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
PART II
FUNDAMENTAL RIGHTS AND PROTECTIONS
Sub-Part A - Child Labour
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5.–(1) A person shall not employ a child under the age of
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Prohibition of
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child labour
fourteen years.
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(2) A child of fourteen years of age may only be employed
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21 of 2009 s. 172
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to do light work, which is not likely to be harmful to the child’s
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health and development; and does not prejudice the child’s
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attendance at school, participation in vocational orientation
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or training programmes approved by the competent authority
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or the child’s capacity to benefit from the instruction received.
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(3) A child under eighteen years of age shall not be employed
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in a mine, factory or as crew on a ship or in any other worksite
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including non-formal settings and agriculture, where work
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conditions may be considered hazardous by the Minister.
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(4) For purposes of subsection (3), “ship” includes a vessel
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of any description used for navigation.
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(5) A person shall not employ a child in employment-
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(a) that is inappropriate for a person of that age; and
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(b) that places at risk the child’s well-being, education,
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physical or mental health, or spiritual, moral or social
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development.
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(6) Notwithstanding the provisions of subsection (3), any
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written law regulating the provisions of training may permit a
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child under the age of eighteen to work-
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(a) on board a training ship as part of the child’s training;
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(b) in a factory or a mine if that work is part of the child’s
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training; or
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(c) in any other worksites on condition that the health,
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safety and morals of the child are fully protected and
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that the child has received or is receiving adequate
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specific instruction or vocational training in the
relevant work or activity.
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THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(7) The Minister shall make regulations-
(a) to prohibit, or place conditions on the employment and
training of children under eighteen years of age; and
(b) to determine the forms of work referred to in subsection
(5) of this Act and to make provision for the regular
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revision and updating of the list of hazardous forms
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of work.
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(8) It is an offence for any person-
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(a) to employ a child in contravention of this section; or
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(b) to procure a child for employment in contravention of
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this section.
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(9) In any proceedings under this section, if the age of the
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child is in issue, the burden of proving that it was reasonable
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to believe, after investigation, that the child was not under age
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for purposes of this section shall lie on the person employing
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or procuring the child for employment.
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(10) Without prejudice to the provisions of this section,
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every employer shall ensure that every child lawfully employed
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under this Act is protected against discrimination or acts which
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may have negative effect on the child taking into consideration
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age and evolving capacities.
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Sub-Part B: Forced Labour
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6.–(1) A person who procures, demands or imposes forced
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Prohibition of
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forced labour
labour, commits an offence.
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(2) For purposes of this section, forced labour includes
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bonded labour or any work exacted from a person under the
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threat of a penalty and to which that person has not consented
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but does not include-
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Cap. 192 (a) any work exacted under the National Defence Act, for
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work of a purely military character;
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(b) any work that forms part of the normal civic obligations
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of a citizen of the United Republic of Tanzania;
(c) any work exacted from any person as a consequence of
a conviction in a court of law, provided that the work
is carried out under the supervision and control of a
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THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
public authority and that the person is not hired to, or
placed at, the disposal of private persons;
(d) any work exacted in cases of an emergency or a
circumstance that would endanger the existence or the
well-being of the whole or part of the population; or
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(e) minor communal services performed by the
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members of a community in the direct interest of that
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community after consultation with them or their direct
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representatives on the need for the services.
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Sub-Part C: Discrimination
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7.–(1) Every employer shall ensure that he promotes an
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Prohibition of
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discrimination in
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equal opportunity in employment and strives to eliminate
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work place
discrimination in any employment policy or practice.
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(2) An employer shall register, with the Labour
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Commissioner, a plan to promote equal opportunity and to
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eliminate discrimination in the work place.
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(3) The Labour Commissioner may require an employer-
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(a) to develop a plan prescribed in subsection (2); and
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(b) to register the plan with the Commissioner.
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(4) An employer shall not discriminate, directly or indirectly,
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against an employee, in any employment policy or practice, on
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any of the following grounds:
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(a) colour;
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(b) nationality;
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(c) tribe or place of origin;
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(d) race;
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(e) national extraction;
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(f) social origin;
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(g) political opinion or religion;
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(h) sex;
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(i) gender;
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(j) pregnancy;
(k) marital status or family responsibility;
(l) disability;
(m) HIV/Aids;
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THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(n) age; or
(o) station of life.
(5) Harassment of an employee shall be a form of
discrimination and shall be prohibited on any one, or
combination, of the grounds prescribed in subsection (4).
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(6) It is not discrimination-
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(a) to take affirmative action measures consistent with
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the promotion of equality or the elimination of
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discrimination in the workplace;
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(b) to distinguish, exclude or prefer any person on the basis
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of an inherent requirement of a job; or
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(c) to employ citizens in accordance with the National
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Cap. 243 Employment Promotion Services Act.
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(7) A person who contravenes the provisions of subsections
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(4) and (5), commits an offence. re
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(8) In any proceedings-
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(a) where the employee makes out a prima facie case of
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discrimination by the employer on any of the grounds
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prescribed in subsection (4), it shall be the duty of the
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employer to prove-
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(i) that the discrimination did not take place as
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alleged; or
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(ii) that the discriminatory act or omission is not
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based on any of those grounds;
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(b) employer shall prove a defence in terms of subsection
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(6) if the discrimination did take place on a ground
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stipulated in subsection (5); or
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(c) the Labour Court or arbitrator, as the case may be, shall
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to
take into account any plan registered with the Labour
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Commissioner under this section.
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(9) For purposes of this section-
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(a) “employer” includes an employment agency;
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(b) “employee” includes an applicant for employment; and
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(c) an “employment policy or practice” includes any
policy or practice relating to recruitment procedures,
advertising and selection criteria, appointments
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THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
and the appointment process, job classification and
grading, remuneration, employment benefits and
terms and conditions of employment, job assignments,
the working environment and facilities, training
and development, performance evaluation systems,
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promotion transfer, demotion, termination of
of
n
employment and disciplinary measures.
io
s
is
(10) For the avoidance of doubt every employer shall take
m
er
tp
positive steps to guarantee equal remuneration for men and
ou
women for work of equal value.
ith
w
ed
ut
8.–(1) Trade union or employers’ association shall not
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Prohibition of
st
discrimination
discriminate, directly or indirectly, against any of the grounds
di
or
in trade unions
prescribed in section 7(4)-
ed
and employer
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associations
(a) in its admission, representation or termination of
od
pr
membership;
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be
(b) in any employment policy or practice prescribed in
ay
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section 7(9); or
ok
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(c) in any collective agreement.
is
th
(2) A person who contravenes the provisions of subsection
of
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(1), commits an offence.
pa
o
d .N
Sub-Part D - Freedom of Association
ver
se
re
Employee’s right 9.–(1) Every employee shall have the right-
s
ht
to freedom of
(a) to form and join a trade union; or
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association
ll
.A
(b) to participate in the lawful activities of the trade union.
a
ni
(2) Notwithstanding the provisions of subsection (1)-
za
an
(a) a magistrate may only form or join a trade union that
fT
to
restricts its membership to judicial officers;
en
m
(b) a prosecutor may only form or join a trade union that
n
er
ov
restricts its membership to prosecutors or other court
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25
officials;
20
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(c) a senior management employee may not belong to a
trade union that represents the non-senior management
employees of the employer.
129
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(3) A person shall not discriminate against an employee on
the grounds that the employee-
(a) exercises or has exercised any right under this Act or
any other written law administered by the Minister;
(b) belongs to or has belonged to a trade union; or
.
AG
O
(c) participates or has participated in the lawful activities
of
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of a trade union.
io
s
is
(4) A person shall not discriminate against an official of an
m
er
tp
office bearer of a trade union or federation for representing it
ou
or participating in its lawful activities.
ith
w
(5) A person who contravenes the provisions of subsections
ed
ut
rib
(3) and (4), commits an offence.
st
di
(6) For purposes of this section -
or
ed
(a) “employee” includes an applicant for employment; and
uc
od
(b) “senior management employee” means an employee
re
pr
who, by virtue of that employee’s position-
be
(i) makes policy on behalf of the employer; and
ay
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(ii) is authorised to conclude collective agreements
ok
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on behalf of the employer.
is
th
of
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10.–(1) Every employer shall have the right-
pa
Employer’s right
o
to freedom of
(a) to form and join an employer’s association; or
.N
association
d
(b) to participate in the lawful activities of an employer’s
ver
se
association.
re
s
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(2) A person shall not discriminate against an employer on
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the grounds that the employer-
ll
a.A
(a) exercises or has exercised a right under the Act;
ni
za
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(b) belongs or has belonged to an employer’s association;
fT
or
to
en
(c) participates or has participated in the lawful activities
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of an employer’s association.
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(3) A person shall not discriminate against an official or
25
20
office bearer of an employer’s association or federation for
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representing it or participating in its lawful activities.
(4) A person who contravenes the provisions of subsections
(2) and (3), commits an offence.
130
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Rights of trade 11. Every organisation has the right to-
unions and
employers’
(a) determine its own constitution;
associations (b) plan and organise its administration and lawful
activities;
(c) join and form a federation;
.
AG
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(d) participate in the lawful activities of a federation; and
of
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(e) affiliate with, and participate in the affairs of any
io
s
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international workers’ organisation or international
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er
tp
employers’ organisation or the International Labour
ou
Organisation, and to contribute to, or receive financial
ith
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assistance from those organisations.
ed
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st
di
Sub-Part E- Access to health insurance1
or
ed
12.–(1) Subject to the provisions of the Universal Health
uc
Access to health
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insurance
Insurance Act, the employer shall register his employee with a
pr
re
Act No.
health insurance scheme.
be
13 of 2023 s.65
ay
(2) A person who contravenes the provisions of this section
m
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commits an offence.
bo
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[s. 11A]
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of
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PART III
o
.N
EMPLOYMENT STANDARDS
d
ver
se
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s
Sub-Part A - Preliminary
ht
rig
ll
13.–(1) Subject to the provisions of subsection (2), the
.A
Application of
a
this Part
ni
provisions of Sub-Parts A to D and F shall not apply to seafarers
za
Cap. 165
an
whose terms and conditions of employment are regulated
fT
to
under the Merchant Shipping Act.
en
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(2) Notwithstanding the provisions of subsection (1), the
n
er
provisions of this Part apply to seafarers who work on fishing
ov
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vessels and shall be to the extent that in the event there is any
25
20
conflict between the provisions of this Act and the Merchant
©
Cap. 165 Shipping Act and its regulations, the provisions of this Act
shall prevail.
1 This sub-part was added by Act No 13 of 2023, s. 65.
131
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(3) Where the provisions of any written law relating
to vocational training regulates an employment standard
stipulated in section 14(1), the provisions of that other law
shall apply.
[s. 12]
.
AG
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of
14.–(1) Provisions of this Act on wage determination that
n
Employment
io
s
standards
is
stipulate a minimum term and condition of employment shall
m
er
be an employment standard.
tp
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(2) An employment standard constitutes a term of a contract
ith
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with an employee unless-
ed
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(a) a term of the contract contains a term that is more
rib
st
favourable to the employee;
di
or
(b) a provision of an agreement alters the employment
ed
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standard to the extent permitted by the provisions of
od
pr
this Part; or
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be
(c) a provision of any collective agreement, a written
ay
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law regulating employment, wage determination
ok
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or exemption granted under section 101 alters the
is
th
employment standard.
of
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[s. 13]
pa
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Contracts with 15.–(1) A contract with an employee shall be of the following
ver
employees
se
types:
re
Act No.
s
(a) a contract for an unspecified period of time;
ht
24 of 2015 s. 5
rig
(b) a contract for a specified period of time for professionals
ll
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and managerial cadre; and
a
ni
za
(c) a contract for a specific task.
an
fT
(2) A contract with an employee shall be in writing if the
to
en
contract provides that the employee is to work within or
n m
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outside the United Republic of Tanzania.
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[s. 14]
25
20
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Written statement 16.–(1) Subject to the provisions of section 20(2), an employer
of particulars
shall supply an employee, when the employee commences
employment, with the following particulars in writing, namely-
(a) name, age, permanent address and sex of the employee;
132
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(b)place of recruitment;
(c)job description;
(d)date of commencement;
(e)form and duration of the contract;
(f)place of work;
.
AG
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(g)hours of work;
of
n
(h)remuneration, the method of its calculation, and details
io
s
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of any benefits or payments in kind; and
m
er
tp
(i) any other prescribed matter.
ou
(2) Where all the particulars referred to in subsection (1)
ith
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are stated in a written contract and the employer has supplied
ed
ut
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the employee with that contract, then the employer may not
st
di
furnish the written statement.
or
ed
(3) Where an employee does not understand the written
uc
od
particulars, the employer shall ensure that they are explained
re
pr
to the employee in a manner that the employee understands.
be
(4) Where any matter stipulated in subsection (1) changes,
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the employer shall, in consultation with the employee, revise
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the written particulars to reflect the change and notify the
is
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employee of the change in writing.
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(5) The employer shall keep the written particulars
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prescribed in subsection (1) for a period of five years after the
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termination of employment.
r
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(6) Where in any legal proceedings, an employer fails to
s
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produce a written contract or the written particulars prescribed
rig
ll
in subsection (1), the burden of proving or disproving an
.A
a
ni
alleged term of employment stipulated in subsection (1) shall
za
an
be on the employer.
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to
(7) The provisions of this section shall not apply to an
en
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employee who works less than 6 days in a month for an
n
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employer.
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[s. 15]
25
20
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Informing 17. Every employer shall display a statement in the prescribed
employees of
their rights
form of the employee’s rights under this Act in a conspicuous
place.
[s. 16]
133
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Sub-Part B – Hours of work
Application of 18.–(1) The provisions of this Sub-Part shall not apply to
this Sub-Part
employees who manage other employees on behalf of the
employer and who report directly to a senior management
.
AG
employee specified in section 9(6)(b).
O
of
(2) The provisions of sections 20(1) and (3), 24(1), 25(1) and
n
io
26(1) shall not apply to work in an emergency which cannot be
s
is
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performed by employees during their ordinary hours of work.
er
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[s. 17]
ou
ith
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ed
Interpretation 19. For purposes of this Sub-Part-
ut
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(a) “day” means a period of 24 hours measured from the
st
di
time when the employee normally starts work, and
or
ed
“daily” has a corresponding meaning;
uc
od
(b) overtime” means work over and above ordinary hours
pr
re
of work; and
be
ay
(c) “week” means a period of seven days measured from
m
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the day the employee normally starts the working week
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and “weekly” has a corresponding meaning.
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th
of
[s. 18]
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Hours of work 20.–(1) Subject to the provisions of this Sub-Part, an employer
d
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shall not require or permit an employee to work more than 12
r
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hours in any day.
s
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(2) Subject to this Sub-Part, the maximum number of
rig
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ordinary days or hours that an employee may be permitted or
.A
a
ni
required to work are-
za
an
(a) six days in any week;
fT
to
(b) 45 hours in any week; and
en
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(c) nine hours in any day.
n
er
(3) Subject to this Sub-Part, an employer shall not require
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or permit an employee to work overtime-
25
20
(a) except in accordance with an agreement; and
©
(b) more than 50 overtime hours in any four week cycle.
(4) An agreement under subsection (3) may not require an
employee to work more than the 12-hour limit contained in
subsection (1).
134
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(5) An employer shall pay an employee not less than one
and one-half times the employee’s basic wage for any overtime
worked.
[s. 19]
.
AG
21.–(1) In this section, “night” means the hours after twenty
O
Night work
of
hours and before six hours.
n
io
s
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(2) It is prohibited for an employer to require or permit-
m
er
(a) pregnant employees to work at night-
tp
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(i) two months before the expected date of
ith
w
confinement; or
ed
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(ii) before that date if the employee produces a medical
rib
st
certificate that she is no longer fit to perform night
di
or
work;
ed
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(b) mothers to work at night-
od
pr
(i) for a period of 2 months after the date of birth;
re
be
(ii) before that date if the mother requests to work
ay
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and produces a medical certificate that her and
ok
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the baby’s health shall not be endangered;
is
th
(iii) after that date if the mother produces a medical
of
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certificate that she is not yet fit to perform night
pa
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work or that the baby’s health does not permit the
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employee to work night shift;
ver
se
(c) children under the age of 18 years;
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s
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(d) an employee who is medically certified as unfit to do
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night work.
ll
a .A
(3) An employer shall transfer any employee working night
ni
za
an
shift who becomes certified as unfit to do night work unless it
fT
is impracticable.
to
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(4) An employer shall pay an employee at least 5% of that
n m
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employee’s basic wage for each hour worked at night and if the
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hours worked are overtime hours, the 5% shall be calculated
25
20
on the employee’s overtime rate.
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(5) For purposes of this section, a medical certificate means
a certificate issued by a registered medical practitioner or any
135
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
other medical practitioner accepted by the employer, which
acceptance may not be unreasonably withheld.
[s. 20]
Compressed 22.–(1) A written agreement shall require or permit an
.
AG
working week
employee to work up to twelve hours in a day, inclusive of any
O
of
meal interval, without receiving overtime pay.
n
io
s
is
(2) An agreement under subsection (1) shall not require or
m
er
permit an employee to work-
tp
ou
(a) more than 5 days in a week;
ith
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(b) more than 45 hours in a week; or
ed
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(c) more than 10 hours overtime in a week.
rib
st
[s. 21]
di
or
ed
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Averaging hours 23.–(1) Notwithstanding the provisions of section 20 or 25,
od
of work pr
a collective agreement shall provide for the averaging of the
re
be
ordinary and overtime hours of work over an agreed period.
ay
(2) A collective agreement in subsection (1) shall not require
m
ok
or permit an employee to work more than an average of-
bo
is
(a) 40 ordinary hours of work per week calculated over the
th
of
agreed period; or
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pa
(b) ten hours overtime per week calculated over the agreed
o
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period.
ver
se
(3) A collective agreement prescribed in subsection (1)
re
s
shall not permit averaging for a period longer than a year.
ht
rig
[s. 22]
ll
a.A
ni
za
Break in working 24.–(1) Subject to this Part, an employer shall give an employee
an
day
fT
who works continuously for more than five hours a break of at
to
en
least 60 minutes.
n m
(2) An employer may require an employee to work during a
er
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break only if the work cannot be left unattended or cannot be
G
25
performed by another employee.
20
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(3) An employer shall not be obliged to pay an employee for
the period of a break unless the employee is required to work,
or to be available for work, during the break.
[s. 23]
136
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Daily and weekly 25.–(1) An employer shall allow an employee-
rest periods
(a) a daily rest period of at least 12 consecutive hours
between ending and recommencing work; or
(b) a weekly rest period of at least 24 hours between the
last ordinary working day in the week and the first
.
AG
O
ordinary working day of the next week.
of
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(2) A daily rest period may be reduced to 8 hours where-
io
s
is
(a) there is a written agreement to that effect; and
m
er
tp
(b) the ordinary working hours are interrupted by an
ou
interval of at least three hours; or
ith
w
(c) the employee lives on the premises of the workplace.
ed
ut
rib
(3) A weekly rest period may, by written agreement, provide
st
di
for-
or
ed
(a) a rest period of at least 60 consecutive hours every two
uc
od
weeks; or re
pr
(b) a reduced weekly rest period by 8 hours if the rest
be
period in the following week is extended equivalently.
ay
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(4) An employee may only work during the weekly rest
ok
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period referred to in subsection (1) where the employee has
is
th
agreed to do so and provided that the employer shall pay the
of
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employee double the employee’s hourly basic wage for each
pa
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hour worked during the period.
d
ve
[s. 24]
r
se
re
s
26. Where an employee works on a public holiday specified in
ht
Public holidays
rig
Cap. 35
the Public Holidays Act, the employer shall pay the employee
ll
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a
double the employee’s basic wage for each hour worked on
ni
za
an
that day.
fT
[s. 25]
to
en
n m
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Sub-Part C - Remuneration
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25
Calculation of 27.–(1) The provisions of this section apply, when, for any
20
wage rates
©
purpose of this Act, it is necessary to determine the applicable
hourly, daily, weekly or monthly rate of pay.
137
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(2) The hourly, daily, weekly or monthly wage rates shall be
determined in accordance with the Table provided for in the
First Schedule.
(3) Where an employee is employed on a basis other than
time worked, that employee shall be considered, for purposes
.
AG
O
of this section, to be paid on a weekly basis and that employee’s
of
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basic weekly wage shall be calculated on the amount earned-
io
s
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(a) over the immediately proceeding 13 weeks; or
m
er
tp
(b) where the employee has been in employment for less
ou
than 13 weeks, that period.
ith
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[s. 26]
ed
ut
rib
st
28.–(1) An employer shall pay to an employee any monetary
di
Payment of
or
remuneration
remuneration to which the employee is entitled-
ed
uc
(a) during working hours at the place of work on the
od
pr
agreed pay day;
re
be
(b) in cash, unless the employee agrees otherwise, in which
ay
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case the payment shall be made either by-
ok
bo
(i) cheque payable to the employee; or
is
th
(ii) direct deposit into an account designated by the
of
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employee in writing; and
pa
o
(c) in a sealed envelope, if the payment is made in cash or
d .N
by cheque.
ver
se
(2) Each payment prescribed in subsection (1) shall
re
s
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be supported by a written statement of particulars in the
rig
prescribed from which-
ll
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a
(a) shall accompany the payment if the payment is in cash
ni
za
an
or by cheque; or
fT
(b) shall be given to the employee in a sealed envelope if
to
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the payment is by direct deposit.
n m
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(3) Remuneration shall be due and payable at the end of
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contract period provided the employer may pay an advance
25
20
before the due day on a mutually agreed day and, if such day
©
is not agreed, at least once on completion of half the contract
period; such advance shall not be considered a loan and shall
not attract interest.
138
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(4) Notwithstanding the provisions of subsection (1), the
Minister may by regulations, provide for the partial payment
of remuneration in the form of allowance in kind, but in no
case alcoholic beverages or noxious drugs, in industries or
occupations in which payment in the form of such allowance
.
AG
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is customary or desirable, and any such allowance in kind shall
of
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be for the personal use of the employee and his or her family,
io
s
is
and the value attributed to such allowance shall be fair and
m
er
tp
reasonable.
ou
(5) An employer who contravenes the provisions of this
ith
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section, commits an offence.
ed
ut
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[s. 27]
st
di
or
29.–(1) An employer shall not make any deduction from an
ed
Deductions
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and other acts
employee’s remuneration unless-
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concerning pr
(a) the deduction is required or permitted under a written
re
remuneration
be
law, collective agreement, wage determination, court
ay
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order or arbitration award; or
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(b) subject to subsection (2), the employee in writing
is
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agrees to the deduction in respect of a debt.
of
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(2) A deduction under subsection (1)(b) may be made to
pa
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reimburse an employer for loss or damage only where-
d .N
(a) the loss or damage occurred in the course of
ver
se
employment and was due to the fault of the employee;
re
s
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(b) the employer has submitted to the employee, in writing,
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the cause, the amount and calculation of the debt;
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a
(c) the employer has given the employee a reasonable
ni
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an
opportunity to challenge the cause, amount or
fT
calculation;
to
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(d) the total amount of the debt does not exceed the actual
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amount of the loss or damage; or
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(e) the total deductions from the employee’s remuneration
25
20
under this subsection do not exceed one quarter of the
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employee’s remuneration in money.
(3) An agreement to make a deduction under subsection (1)
(b) in respect of goods or services purchased by the employee
shall specify the cause, amount and calculation of the debt.
139
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(4) An employer who deducts an amount from an
employee’s remuneration under subsection (1) for payment
to another person shall pay the amount to the person in
accordance with any requirements specified in the agreement,
law, determination, court order or arbitration award.
.
AG
O
(5) An employer shall not require or permit an employee to-
of
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(a) repay any remuneration except for overpayments
io
s
is
previously made by the employer resulting from an
m
er
tp
error in calculating the employee’s remuneration; or
ou
(b) acknowledge receipt of an amount greater than the
ith
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remuneration actually received.
ed
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(6) Notwithstanding the provisions of any other law on
st
di
bankruptcy or winding up of an employer’s business, the claim
or
ed
of an employee or those claiming on behalf of the employee of
uc
od
any remuneration to which the employee is entitled under this
re
pr
Act, shall be the claim that which have accrued in respect of
be
the twenty six weeks immediately preceding the date on which
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the declaration of bankruptcy or winding up is made.
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(7) Any person who contravenes the provisions of this
is
th
section, commits an offence.
of
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[s. 28]
pa
o
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ve
Sub-Part D - Leave
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30.–(1) Subject to the provisions of subsection (2), an employee
s
Application of
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this Sub-Part
with less than six months service shall not be entitled to paid
ll
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leave under the provisions of this Part.
a
ni
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(2) Notwithstanding the provisions of subsection (1)-
an
fT
(a) an employee employed on a seasonal basis is entitled to
to
paid leave under the provisions of this Part;
en
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(b) an employee, with less than six months service and
er
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who has worked more than once in a year for the same
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25
employer, shall be entitled to paid leave under the
20
©
provisions of this Part where the total period worked
for that employer exceeds six months in that year.
[s. 29]
140
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Interpretation in 31.–(1) For purposes of this Sub-Part-
this Sub-Part
(a) “day” includes any rest period prescribed in section 25;
(b) “leave cycle” means-
(i) in respect of annual leave, a period of 12 months
consecutive employment with an employer
.
AG
O
following:
of
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(aa) subject to subsection (2), an employee’s
io
s
is
commencement of employment; or
m
er
(bb) the completion of the last 12 months leave
tp
ou
cycle; and
ith
w
(ii) in respect of all other forms of leave conferred
ed
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under this Sub-Part, a period of 36 months’
rib
st
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consecutive employment with an employer
or
following-
ed
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(aa) subject to subsection (2), an employee’s
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pr
commencement of employment; or
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be
(bb) the completion of the last 36 months leave
ay
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cycle; and
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(c) “paid leave” means any leave paid under this Part and
is
th
calculated on an employee’s basic wage.
of
(2) Notwithstanding the provisions of subsection (1)(b)(i)
rt
pa
o
(aa) and (ii)(aa), an employer and employee may agree to a
d .N
standard leave cycle provided that an employee’s entitlement
ver
se
to paid leave under this Sub-Part is not prejudiced.
re
s
[s. 30]
ht
rig
ll
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32.–(1) An employer shall grant an employee at least 28
a
Annual leave
ni
za
Act No.
consecutive days’ leave in respect of each leave cycle, and such
an
24 of 2015 s. 6
fT
leave shall be inclusive of any public holiday that may fall
to
en
within the period of leave.
n m
(2) The number of days referred to in subsection (1) may be
er
ov
reduced by the number of days during the leave cycle which,
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25
at the request of the employee, the employer granted that
20
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employee paid occasional leave.
(3) An employer may determine when the annual leave is to
be taken provided that it is taken no later than-
(a) six months after the end of the leave cycle; or
141
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(b) twelve months after the end of the leave cycle where-
(i) the employee has consented; and
(ii) the extension is justified by the operational
requirements of the employer.
(4) An employer shall pay an employee the remuneration
.
AG
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the employee would have been paid had the employee worked
of
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during the period of leave before the commencement of
io
s
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the leave.
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er
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(5) An employer shall not require or permit an employee to
ou
take annual leave in place of any leave to which the employee
ith
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is entitled under this Part.
ed
ut
rib
(6) With the consent of an employee, the employer may
st
di
require or permit such employee to work for the employer
or
ed
during a period of annual leave on condition that such
uc
od
employee shall not work for a continuous period of two years.
re
pr
(7) Subject to subsections (6) and (8) an employer shall pay
be
the employee one month salary in lieu of annual leave to which
ay
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that employee is entitled or was called upon to work.
ok
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(8) An employer shall pay an employee a pro rata amount
is
th
for annual leave accrued-
of
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(a) subject to the provisions of subsection (9), at the
pa
o
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termination of employment; or
d
ve
(b) at the expiry of each season in respect of an employee
r
se
re
employed on a seasonal basis.
s
ht
(9) An employee is not entitled to be paid any pro rata
rig
ll
amount for accrued annual leave where the employee has
.A
a
ni
not taken the leave within the periods and circumstances
za
an
prescribed in subsection (3).
fT
to
(10) The pro rata amount of annual leave referred to in
en
m
subsection (8) shall be calculated at the rate of one day’s basic
n
er
wage for every 13 days the employee worked or was entitled
ov
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to work.
25
20
[s. 31]
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142
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Sick leave 33.–(1) An employee shall be entitled to sick leave for at least
126 days in any leave cycle.
(2) The sick leave referred to in subsection (1) shall be
calculated as follows:
(a) the first 63 days shall be paid full wages; and
.
AG
O
(b) the second 63 days shall be paid half wages.
of
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(3) Notwithstanding the provisions of subsection (2), an
io
s
is
employer shall not be required to pay an employee for sick
m
er
tp
leave where-
ou
(a) the employee fails to produce a medical certificate; or
ith
w
(b) the employee is entitled to paid sick leave under any
ed
ut
rib
law, fund or collective agreement.
st
di
(4) For purposes of this section, “medical certificate “means
or
ed
a certificate issued by a registered medical practitioner or any
uc
od
other medical practitioner accepted by the employer, which
re
pr
acceptance may not be unreasonably withheld.
be
[s. 32]
ay
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ok
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Maternity leave 34.–(1) An employee shall give notice to the employer of her
is
th
intention to take maternity leave at least 3 months before the
of
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expected date of birth and such notice shall be supported by a
pa
o
medical certificate.
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(2) An employee may commence maternity leave-
ver
se
(a) at any time from four weeks before the expected date of
re
s
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confinement; or
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(b) on an earlier date if a medical practitioner certifies that
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a
it is necessary for the employee’s health or that of her
ni
za
an
unborn child.
fT
(3) An employee shall not work within six weeks of the
to
en
birth of her child unless a medical practitioner certifies that
n m
er
she is fit to do so.
ov
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(4) Subject to the provisions of subsections (2) and (3), the
25
20
employee may resume employment on the same terms and
©
conditions of employment at the end of her maternity leave.
(5) An employer shall not require or permit a pregnant
employee or an employee who is nursing a child to perform
work that is hazardous to her health or the health of her child.
143
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(6) Subject to the provisions of subsections (7) and (8), an
employee shall be entitled, within any leave cycle, to at least-
(a) 84 days paid maternity leave; or
(b) 100 days’ paid maternity leave if the employee gives
birth to more than one child at the same time.
.
AG
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(7) Notwithstanding the provisions of subsection (6)(a), an
of
n
employee is entitled to an additional 84 days paid maternity
io
s
is
leave within the leave cycle if the child dies within a year of
m
er
tp
birth.
ou
(8) An employer is only obliged to grant paid leave for 4
ith
w
terms of maternity leave to an employee in terms of this section.
ed
ut
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(9) Where an employee performs work that is hazardous
st
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to her health or that of her child, her employer shall offer her
or
ed
suitable alternative employment, where practicable, on terms
uc
od
and conditions that are no less favourable than her terms and
re
pr
conditions.
be
(10) Where an employee is breast-feeding a child, the
ay
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employer shall allow the employee to feed the child during
ok
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working hours up to a maximum of two hours per day.
is
th
(11) For purposes of this section, “medical certificate”
of
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means a certificate issued by a registered medical practitioner,
pa
o
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including a midwife, or any other medical practitioner accepted
d
ve
by the employer, which acceptance may not be unreasonably
r
se
re
withheld.
s
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[s. 33]
rig
ll
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a
35.–(1) During any leave cycle, an employee shall be entitled to-
ni
Paternity and
za
other forms of
an
(a) at least 3 days paid paternity leave where-
fT
leave
(i) the leave is taken within 7 days of the birth of a
to
en
child; and
n m
er
(ii) the employee is the father of the child; and
ov
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(b) at least 4 days paid leave for any of the following
25
20
reasons:
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(i) the sickness or death of the employee’s child; or
(ii) the death of the employee’s spouse, parent,
grandparent, grandchild or sibling.
144
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(2) Before paying an employee for leave under this section,
an employer may require reasonable proof of the event
prescribed in subsection (1).
(3) For purposes of clarity-
(a) the 3 days referred to in subsection (1)(a) are the total
.
AG
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number of days to which the employee is entitled
of
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irrespective of how many of the employee’s children are
io
s
is
born within the leave cycle;
m
er
tp
(b) the 4 days referred to in subsection (1)(b) are the total
ou
number of days to which the employee is entitled
ith
w
irrespective of how many of the events prescribed in
ed
ut
rib
that paragraph occur within the leave cycle, but the
st
di
employee may take more days as may be authorised by
or
ed
the employer for the event and other subsequent events
uc
od
within the same leave cycle provided that such extra
re
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days will be without pay.
be
[s. 34]
ay
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ok
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Sub-Part E - Unfair termination of employment
is
th
of
Application of 36. The provisions of this Sub-Part shall not apply to an
rt
pa
this Sub-Part
employee with less than 6 months’ employment with the same
o
.N
employer, whether under one or more contracts.
d
ver
[s. 35]
se
re
s
ht
37. For purposes of this Sub-Part-
rig
Interpretation
ll
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(a) “termination of employment” includes-
a
ni
(i) a lawful termination of employment under the
za
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common law;
fT
to
(ii) a termination by an employee because the employer
en
m
made continued employment intolerable for the
n
er
ov
employee;
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25
(iii) a failure to renew a fixed term contract on the
20
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same or similar terms if there was a reasonable
expectation of renewal;
145
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(iv) a failure to allow an employee to resume work
after taking maternity leave granted under this
Act or any agreed maternity leave; and
(v) a failure to re-employ an employee where the
employer has terminated the employment of a
.
AG
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number of employees for the same or similar
of
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reasons and has offered to re-employ one or more
io
s
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of them; and
m
er
tp
(b) “terminate employment” has a meaning corresponding
ou
to “termination of employment”.
ith
w
[s. 36]
ed
ut
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st
38.–(1) It shall be unlawful for an employer to terminate the
di
Unfair
or
termination
employment of an employee unfairly.
ed
uc
(2) A termination of employment by an employer is unfair
od
pr
if the employer fails to prove-
re
be
(a) that the reason for the termination is valid;
ay
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(b) that the reason is a fair reason-
ok
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(i) related to the employee’s conduct, capacity or
is
th
compatibility; or
of
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(ii) based on the operational requirements of the
pa
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employer, and
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(c) that the employment was terminated in accordance
ver
se
with a fair procedure.
re
s
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(3) It shall not be a fair reason to terminate the employment
rig
of an employee -
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a
(a) for the reason that the employee -
ni
za
an
(i) discloses information that the employee is entitled
fT
or required to disclose to another person under
to
en
this Act or any other law;
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er
(ii) fails or refuses to do anything that an employer
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may not lawfully permit or require the employee
25
20
to do;
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(iii) exercises any right conferred by agreement, this
Act or any other law;
(iv) belongs, or belonged, to any trade union; or
146
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(v) participates in the lawful activities of a trade
union, including a lawful strike; or
(b) for reasons-
(i) related to pregnancy;
(ii) related to disability; and
.
AG
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(iii) that constitute discrimination under this Act.
of
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(4) In deciding whether a termination by an employer is fair,
io
s
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an employer, arbitrator or Labour Court shall take into account
m
er
tp
any Code of Good Practice published under section 100.
ou
(5) A disciplinary action in form of penalty, termination or
ith
w
dismissal shall not lie upon an employee who has been charged
ed
ut
rib
with a criminal offence which is substantially the same until
st
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final determination by the Court and any appeal thereto.
or
ed
[s. 37]
uc
od
pr
39.–(1) In any termination for operational requirements
re
Termination
be
based on
(retrenchment), the employer shall comply with the following
ay
operational
m
requirements principles, that is to say, he shall-
ok
bo
Acts Nos.
(a) give notice of any intention to retrench as soon as it is
is
17 of 2010 s. 8
th
24 of 2015 s. 7 contemplated;
of
rt
(b) disclose all relevant information on the intended
pa
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retrenchment for the purpose of proper consultation;
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(c) consult prior to retrenchment or redundancy on-
ver
se
(i) the reasons for the intended retrenchment;
re
s
ht
(ii) any measures to avoid or minimise the intended
rig
retrenchment;
ll
.A
a
(iii) the method of selection of the employees to be
ni
za
an
retrenched;
fT
(iv) the timing of the retrenchment; and
to
en
(v) severance pay in respect of the retrenchments;
n m
er
and
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(d) give the notice, make the disclosure and consult, in
25
20
terms of this subsection, with-
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(i) any trade union recognised in terms of section 68;
(ii) any registered trade union which members in the
workplace not represented by a recognised trade
union;
147
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(iii) any employees not represented by a recognised or
registered trade union.
(2) Where in the consultations held in terms of subsection
(1) no agreement is reached between the parties, the matter
shall be referred to mediation under Part VIII of this Act.
.
AG
O
(3) Where the mediation has failed, the dispute shall be
of
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referred for arbitration which shall be concluded within thirty
io
s
is
days during which period no retrenchment shall take effect
m
er
tp
and, where the employees are dissatisfied with the award and
ou
are desirous to proceed with revision to the Labour Court
ith
w
under section 92(2), the employer may proceed with their
ed
ut
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retrenchment.
st
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[s. 38]
or
ed
uc
40. In any proceedings concerning unfair termination of an
od
Proof of unfair
termination pr
employee by an employer, the employer shall prove that the
re
proceedings
be
termination is fair.
ay
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[s. 39]
ok
bo
is
41.–(1) Where an arbitrator or Labour Court finds a
th
Remedies
of
for unfair
termination is unfair, the arbitrator or Court may order the
rt
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termination
employer-
o
d .N
(a) to reinstate the employee from the date the employee
ver
se
was terminated without loss of remuneration during
re
s
the period that the employee was absent from work due
ht
rig
to the unfair termination;
ll
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(b) to re-engage the employee on any terms that the
a
ni
za
arbitrator or Court may decide; or
an
fT
(c) to pay compensation to the employee of not less than
to
en
twelve months remuneration.
n m
er
(2) An order for compensation made under this section
ov
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shall be in addition to, and not a substitute for, any other
25
20
amount to which the employee may be entitled in terms of any
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law or agreement.
(3) Where an order of reinstatement or re-engagement is
made by an arbitrator or Court and the employer decides not
148
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
to reinstate or re-engage the employee, the employer shall pay
compensation of twelve months wages in addition to wages
due and other benefits from the date of unfair termination to
the date of final payment.
[s. 40]
.
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of
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Sub-Part F– Other incidents of Termination
io
s
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42.–(1) Where a contract of employment can be terminated on
er
Notice of
tp
termination
notice, the period of notice shall not be less than-
ou
ith
(a) seven days, where notice is given in the first month of
w
ed
employment; and
ut
rib
(b) after that-
st
di
or
(i) 4 days, where the employee is employed on a daily
ed
or weekly basis; or
uc
od
(ii) 28 days, where the employee is employed on a
pr
re
monthly basis.
be
ay
(2) An agreement may provide for a notice period that is
m
ok
longer than that required in subsection (1) provided that, the
bo
is
agreed notice period is of equal duration for both the employer
th
of
and the employee.
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pa
(3) Notice of termination shall be in writing, stating-
o
.N
(i) the reasons for termination; and
d
ver
(ii) the date on which the notice is given.
se
re
(4) Notice of termination shall not be given-
s
ht
rig
(a) during any period of leave taken under this Act; or
ll
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(b) to run, concurrently with any such period of leave.
a
ni
za
(5) Instead of giving an employee notice of termination,
an
fT
an employer may pay the employee the remuneration that the
to
employee would have received if the employee had worked
en
n m
during the notice period.
er
ov
(6) Where an employee refuses to work during the notice
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25
period, an employer may deduct, from any money due to that
20
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employee on termination, the amount that would have been
due to the employee if that employee had worked during the
notice period.
149
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(7) This section shall not affect the right of-
(a) an employee to dispute the lawfulness or fairness of a
termination of employment under this Act or any other
law; and
(b) an employer or an employee to terminate employment
.
AG
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without notice for any cause recognised by law.
of
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[s. 41]
io
s
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er
43.–(1) For purposes of this section, “severance pay” means an
tp
Severance pay
ou
Act No.
amount at least equal to 7 days’ basic wage for each completed
ith
2 of 2010 s. 13
w
year of continuous service with that employer up to a maximum
ed
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of ten years.
rib
st
(2) An employer shall pay severance pay on termination of
di
or
employment where-
ed
uc
(a) the employee has completed 12 months continuous
od
pr
service with an employer; and
re
be
(b) subject to the provisions of subsection (3), the employer
ay
m
terminates the employment.
ok
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(3) The provisions of subsection (2) shall not apply-
is
th
(a) to a fair termination on grounds of misconduct;
of
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(b) to an employee who is terminated on grounds of
pa
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capacity, compatibility or operational requirements of
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the employer but who unreasonably refuses to accept
ver
se
alternative employment with that employer or any
re
s
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other employer; or
rig
(c) to an employee who attains the age of retirement or
ll
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a
an employee whose contract of service has expired or
ni
za
an
ended by reason of time.
fT
(4) The payment of severance pay under this section shall
to
en
not affect an employee’s right to any other amount payable
n m
er
under this or any other written law.
ov
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[s. 42]
25
20
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150
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Transport to place 44.–(1) Where an employee’s contract of employment is
of recruitment
terminated at a place other than where the employee was
recruited, the employer shall either-
(a) transport the employee and his personal effects to the
place of recruitment;
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(b) pay for the transportation of the employee to the place
of
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of recruitment; or
io
s
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(c) pay the employee an allowance for transportation to
m
er
tp
the place of recruitment in accordance with subsection
ou
(2) and daily subsistence expenses during the period,
ith
w
if any, between the date of termination of the contract
ed
ut
rib
and the date of transporting the employee and his
st
di
family to the place of recruitment.
or
ed
(2) An allowance prescribed under subsection (1)(c) shall
uc
od
be equal to at least a bus fare to the bus station nearest to the
re
pr
place of recruitment.
be
(3) For purposes of this section, “recruit” means the
ay
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solicitation of any employee for employment by the employer
ok
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or the employer’s agent.
is
th
[s. 43]
of
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45.–(1) On termination of employment, an employer shall pay
.N
Payment of
d
termination and
an employee-
ver
certificates of
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(a) any remuneration for work done before the termination;
re
employment
s
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(b) any annual leave pay due to an employee under section
rig
32 for leave that the employee has not taken;
ll
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(c) any annual leave pay accrued during any incomplete
ni
za
an
leave cycle determined in accordance with section
fT
32(1);
to
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(d) any notice pay due under section 42(5);
n m
er
(e) any severance pay due under section 43; and
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(f) any transport allowance that may be due under
25
20
section 44.
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(2) On termination, the employer shall issue to an employee
a prescribed certificate of service.
[s. 44]
151
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
PART IV
TRADE UNIONS, EMPLOYERS
ASSOCIATIONS AND FEDERATIONS
.
AG
Obligation to 46.–(1) A trade union or employers’ association shall register
O
register
itself under this Part within 6 months of its establishment.
of
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(2) A federation may register if it meets the requirements
s
is
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for registration of a federation in terms of section 47(3).
er
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(3) It is an offence for a trade union or employer’s association
ou
ith
to operate as a union or association-
w
ed
(a) after 6 months have expired of its establishment if it has
ut
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not applied for registration under this Part; or
st
di
(b) unless it is registered under this Part.
or
ed
[s. 45]
uc
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pr
re
Requirements for 47.–(1) The requirements for registration as a trade union are-
be
registration
(a) it is a bonafide trade union;
ay
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(b) it is an association not for gain;
ok
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(c) it is independent of any employer or employer’s
is
th
association;
of
rt
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(d) it has been established at a meeting of at least 20
o
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employees;
d
ve
(e) it has adopted a constitution and rules that comply
r
se
re
with provisions of section 48;
s
ht
(f) it has adopted a name that does not resemble the name
rig
ll
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of another union so as to mislead or create confusion;
a
ni
and
za
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(g) it has an address in the United Republic of Tanzania.
fT
to
(2) The requirements for registration as an employers’
en
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association are-
n
er
ov
(a) it is a bona fide employers association;
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25
(b) it is an association not for gain;
20
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(c) it has been established at a meeting of at least four
employers;
(d) it has adopted a constitution and rules that comply
with provisions of section 48;
152
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(e) it has adopted a name that does not resemble the name
of another employer association so as to mislead or
create confusion; and
(f) it has an address in the United Republic of Tanzania.
(3) The requirements for registration as a federation are-
.
AG
O
(a) it is a bona fide federation;
of
n
(b) it is a federation not for gain;
io
s
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(c) it has been established at a meeting of at least five
m
er
tp
registered organisations of the same kind;
ou
(d) it has adopted a constitution and rules that comply
ith
w
with section 48;
ed
ut
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(e) it has adopted a name that does not resemble the name
st
di
of another organisation or federation so as to mislead
or
ed
or create confusion;
uc
od
(f) it comprises registered organisations only; and
re
pr
(g) it has an address in the United Republic of Tanzania.
be
[s. 46]
ay
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ok
bo
Constitutional 48.–(1) The constitution and rules of a trade union, employers’
is
th
requirements
association or federation shall-
of
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(a) state that it is an organisation not for gain;
pa
o
(b) prescribe the qualifications for membership and the
d .N
grounds and procedure for termination of membership;
ver
se
(c) prescribe the membership fee or any method of
re
s
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determining the fee;
rig
(d) prescribe rules for the convening and conduct of
ll
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a
meetings, including the quorum required, and the
ni
za
an
minutes to be kept of, those meetings;
fT
(e) establish the manner in which decisions are made;
to
en
(f) establish the office of secretary and define its functions;
n m
er
(g) provide for office bearers, officials and define their
ov
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respective functions;
25
20
(h) prescribe a procedure for the nomination and election
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of office bearers;
(i) prescribe a procedure for the appointment or
nomination or election of officials;
153
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(j) establish the circumstances and manner in which office
bearers, officials and trade union representatives may
be removed from office;
(k) establish the circumstances and manner in which a
ballot shall be conducted;
.
AG
O
(l) provide for the conduct of a ballot of the members in
of
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respect of whom-
io
s
is
(i) in the case of a trade union, the union may call
m
er
tp
upon to strike;
ou
(ii) in the case of an employers’ association, the
ith
w
association may call upon to lock out; and
ed
ut
rib
(iii) in the case of a federation of trade unions, the
st
di
federation may call upon to engage in protest action;
or
ed
(m) provide for banking and investing of money;
uc
od
(n) establish purposes for which its money may be used;
re
pr
(o) provide for acquiring and controlling of property;
be
(p) prescribe a procedure for the amendment of the
ay
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constitution and rules;
ok
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(q) prescribe a procedure for affiliation, or amalgamation-
is
th
(i) in the case of trade unions, with other registered
of
rt
unions;
pa
o
.N
(ii) in the case of employer’s associations, with other
d
ve
registered associations; and
r
se
re
(iii) in the case of federations, with other federations;
s
ht
(r) prescribe a procedure for affiliation to an international
rig
ll
workers’ association or an international employers’
.A
a
ni
association;
za
an
(s) prescribe a procedure to dissolve the organisation or
fT
to
federation; and
en
m
(t) any other prescribed matter.
n
er
(2) A constitution or rules of a registered organisation shall
ov
G
not-
25
20
(a) conflict with-
©
(i) the basic rights and duties set out in Part III of the
Cap. 2 Constitution of the United Republic of Tanzania,
1977; and
154
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(ii) the provisions of this law or any other written
law; or
(b) evade any obligation imposed by any law.
[s. 47]
.
AG
49.–(1) An organisation or federation may apply for registration,
O
Process of
of
registration
by submitting to the Registrar-
n
io
s
is
(a) a prescribed form that has been properly completed
m
er
and signed by the secretary of the organisation or
tp
ou
federation;
ith
w
(b) a certified copy of the attendance register and minutes
ed
ut
of its establishment meeting prescribed in section 47(1)
rib
st
(d), (2)(c) or (3)(c); and
di
or
(c) a certified copy of its constitution and rules.
ed
uc
(2) Notwithstanding the provisions of subsection (1), the
od
pr
Registrar may require further information in support of the
re
be
application.
ay
m
(3) Where the Registrar is satisfied that the organisation or
ok
bo
federation has complied with the requirements of sections 47
is
th
and 48, he shall register the organisation or federation.
of
rt
(4) Where the Registrar is not satisfied that the organisation
pa
o
or federation complies with the requirements of sections 47
d .N
and 48, he-
ver
se
(a) may give the applicant an opportunity to rectify its
re
s
ht
application within a stipulated period; and
rig
(b) may refuse the application and send the applicant a
ll
.A
a
written notice of the decision and the reasons.
ni
za
an
(5) After registering an organisation or federation, the
fT
Registrar shall-
to
en
(a) enter the name of the organisation or federation in the
n m
er
appropriate Register; and
ov
G
(b) issue a certificate of registration to the organisation or
25
20
federation.
©
[s. 48]
155
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Effect of 50.–(1) On registration, an organisation or federation shall be
registration
a body corporate -
(a) with perpetual succession and a common seal; and
(b) with the capacity, in its own name, to-
(i) sue and be sued;
.
AG
O
(ii) contract; and
of
n
(iii) hold, purchase or otherwise acquire and dispose
io
s
is
of movable or immovable property.
m
er
tp
(2) A registered organisation or federation shall not be an
ou
association in restraint of trade.
ith
w
(3) The fact that a person is a member of a registered
ed
ut
rib
organisation or federation shall not make that person liable for
st
di
any of the obligations or liabilities of the union or organisation.
or
ed
(4) A member, office bearer, official of a registered
uc
od
organisation or federation shall not be personally liable for any
re
pr
loss suffered by any person as a result of an act performed or
be
omitted in good faith while performing their functions for or
ay
m
on behalf of the organisation or federation.
ok
bo
(5) A duly issued certificate of registration is sufficient proof
is
th
that a registered organisation or federation is a body corporate.
of
rt
(6) For purposes of this section, “office bearer” in relation to
pa
o
.N
a trade union includes a trade union representative prescribed
d
ve
in section 63.
r
se
re
[s. 49]
s
ht
rig
51.–(1) A change of name or change to the constitution and
ll
Change of name
.A
a
or constitution
rules of a registered organisation or federation shall have
ni
za
an
effect only when the Registrar approves the change under this
fT
section.
to
en
(2) A registered organisation or federation may apply for
n m
er
the approval of a change of name or to its constitution and
ov
G
rules by submitting to the Registrar-
25
20
(a) the prescribed form duly completed and signed by the
©
Secretary;
(b) a copy of the resolution containing the wording of the
change; and
156
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(c) a certificate signed by the Secretary stating that
the resolution was passed in accordance with the
constitution rules.
(3) Notwithstanding the provisions of subsection (2), the
Registrar may require further information in support of the
.
AG
O
application.
of
n
(4) The Registrar shall-
io
s
is
(a) consider the application and any further information
m
er
tp
supplied by the applicant;
ou
(b) where satisfied that the change to the constitution and
ith
w
rules complies with the requirements prescribed in
ed
ut
rib
sections 47 and 48, approve the change by issuing the
st
di
prescribed certificate approving the change; or
or
ed
(c) where satisfied that the change of name does not
uc
od
resemble the name of another union so as to mislead or
re
pr
create confusion, approve the change by issuing a new
be
certificate of registration reflecting the new name.
ay
m
(5) Where the Registrar refuses to approve a change, he shall
ok
bo
give written notice of that decision and the reasons for the refusal.
is
th
[s. 50]
of
rt
pa
o
52.–(1) Every registered organisation and federation shall,
.N
Accounts and
d
audit
to the standards of generally accepted accounting practice,
ver
se
principles and procedures-
re
s
ht
(a) keep books and records of its income, expenditure,
rig
assets and liabilities;
ll
.A
a
(b) for each financial year ending on 31st December,
ni
za
an
prepare financial statements in the prescribed form;
fT
(c) arrange an annual audit of its books and records of
to
en
accounts and its financial statements by a registered
n m
er
auditor; and
ov
G
(d) by 31st March of the following year, submit the financial
25
20
statements and auditor’s report to-
©
(i) a meeting of members or their representatives as
provided for in the constitution of the organisation
or federation; and
(ii) the Registrar.
157
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(2) Every registered organisation and federation shall
make its financial statements and auditor’s report available to
members for inspection at its offices.
[s. 51]
.
AG
53.–(1) In addition to the records required by section 52, every
O
Duties of
of
registered
registered organisation or federation shall keep for five years-
n
io
organisations and
s
is
federations (a) a list of its members in the prescribed form;
m
er
(b) the minutes of its meetings; and
tp
ou
(c) the ballot papers.
ith
w
(2) Every registered organisation or federation shall provide
ed
ut
to the Registrar-
rib
st
(a) by 31st March of the following year, an annual statement
di
or
certified by the Secretary showing the total number of
ed
uc
members as of 31st December of the previous year;
od
pr
(b) within 30 days of a request from the Registrar, a written
re
be
explanation of anything relating to the statement
ay
m
of membership, the auditor’s report or the financial
ok
bo
statements:
is
th
Provided that, the Registrar shall not inquire into the
of
rt
financial affairs of any organisation unless there are serious
pa
o
grounds for believing that the organisation has infringed the
d .N
law or that the funds of the organisation have been embezzled
ver
se
or otherwise misused;
re
s
ht
(c) within 30 days of any appointment or election of its
rig
national office bearers, the names and work addresses
ll
a .A
of those office bearers; and
ni
za
an
(d) 30 days before a new address for service of documents
fT
will take effect, notice of that change of address.
to
en
[s. 52]
n m
er
ov
G
Non-compliance 54.–(1) Where a federation or registered organisation fails to
25
with constitution
20
comply with its constitution, the Registrar or member of the
©
federation or registered organisation may apply to the Labour
Court for any appropriate order including-
(a) setting aside any decision, agreement or election;
158
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(b) requiring the organisation or federation or any official
thereof to-
(i) comply with the constitution; and
(ii) take steps to rectify the failure to comply; and
(c) restraining any person from any action not in
.
AG
O
compliance with the constitution.
of
n
(2) Before the Labour Court hears an application prescribed
io
s
is
in subsection (1), it shall satisfy itself that-
m
er
tp
(a) the organisation’s or federation’s internal procedures
ou
have been exhausted; or
ith
w
(b) it is in the best interests of the organisation or federation
ed
ut
rib
that the application be heard notwithstanding that any
st
di
internal procedures have not been exhausted.
or
ed
[s. 53]
uc
od
pr
55.–(1) A registered-
re
Amalgamation
be
of registered
(a) trade union may resolve to amalgamate with one or
ay
organisations and
m
federations more registered trade unions;
ok
bo
(b) employer’s association may resolve to amalgamate with
is
th
one or more registered employer’s associations; and
of
rt
(c) federation may resolve to amalgamate with one or
pa
o
more federations to form a confederation.
d .N
(2) The amalgamating organisations or federations may
ver
se
apply to the Registrar for registration of the amalgamated
re
s
ht
organisation or federation and the provisions of section 49,
rig
relating to registration process shall mutatis mutandis apply in
ll
a .A
relation to the application.
ni
za
an
(3) After the Registrar has registered the amalgamated
fT
organisation or federation, he shall cancel the registration
to
en
of each of the amalgamating organisations or federations by
n m
er
removing their names from the appropriate Register.
ov
G
(4) The registration of an amalgamated organisation or
25
20
federation shall become effective from the date the Registrar
©
enters its name in the appropriate Register.
159
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(5) Where the Registrar has registered an amalgamated
organisation or federation-
(a) all the assets, rights, obligations and liabilities of
the amalgamating organisations or federations shall
devolve upon and vest in the amalgamated organisation
.
AG
O
or federation; and
of
n
(b) the amalgamated organisation or federation shall
io
s
is
succeed the amalgamating organisations or federations
m
er
tp
in respect of-
ou
(i) any right that the amalgamating organisations or
ith
w
federations enjoyed;
ed
ut
rib
(ii) any fund established under this Act or any other law;
st
di
(iii) any collective agreement or other agreement; and
or
ed
(iv) any written authorisation by a member for the
uc
od
periodic deduction of levies or subscriptions due
re
pr
to the amalgamating organisations.
be
[s. 54]
ay
m
ok
bo
Cancellation of 56.–(1) The Registrar may apply to the Labour Court for an
is
th
registration
order to cancel the registration of a registered organisation or
of
rt
federation if that organisation or federation fails to comply
pa
o
with-
d .N
(a) the requirements for registration; or
ver
se
(b) the provisions of this Part.
re
s
ht
(2) Where the Labour Court may make any appropriate
rig
order including-
ll
.A
a
(a) cancelling the registration of an organisation or
ni
za
an
federation; and
fT
(b) giving the organisation or federation an opportunity to
to
en
remedy any failure to comply.
n m
er
(3) Where the registration of an organisation or federation
ov
G
is cancelled-
25
20
(a) all the rights enjoyed by it under this Act shall cease; and
©
(b) the organisation or federation shall be dissolved in
accordance with the provisions of section 57.
[s. 55]
160
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Dissolution of 57.–(1) The Registrar may apply to the Labour Court for the
trade union
or employers
dissolution of any organisation that contravenes the provisions
association of section 46.
(2) An organisation or federation may apply to the Labour
Court for its dissolution.
.
AG
O
(3) Where the Labour Court makes an order for cancelling
of
n
the registration of an organisation or federation under
io
s
is
section 56(2), it may in addition make an order dissolving the
m
er
tp
organisation or federation.
ou
(4) In accordance with the laws relating to bankruptcy,
ith
w
any interested person may apply to the Labour Court for
ed
ut
rib
dissolution of a registered organisation or federation on any
st
di
ground of bankruptcy.
or
ed
(5) The laws of bankruptcy, shall apply to an application
uc
od
prescribed in subsection (3) and any reference to a court in
re
pr
those laws shall be interpreted as referring to the Labour Court.
be
(6) In granting an order of dissolution under this section,
ay
m
the Labour Court may-
ok
bo
(a) appoint any suitable person as a liquidator on any
is
th
appropriate conditions; and
of
rt
(b) decide where any residue of assets shall vest if the
pa
o
.N
constitution and rules fail to do so.
d
ve
[s. 56]
r
se
re
s
58. A person who is aggrieved by a decision of the Registrar
ht
Appeals from
rig
decisions of
made under this Part may appeal to the Labour Court against
ll
.A
Registrar
a
that decision.
ni
za
an
[s. 57]
fT
to
en
Publication in 59.–(1) The Registrar shall publish a notice in the Gazette
n m
Gazette
er
stating the following facts, that:
ov
G
(a) an organisation or federation has been registered;
25
20
(b) the registration of any organisation or federation has
©
been cancelled;
(c) a change of a name or amalgamation affecting
any registered organisation or federation has been
registered; and
161
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(d) a registered organisation or federation has been
dissolved.
(2) Where the notice referred to in subsection (1) deals
with registration of an organisation or federation, it shall
contain a statement to the effect that, any person may view the
.
AG
O
constitution of that organisation or federation at the Registrar’s
of
n
office.
io
s
is
[s. 58]
m
er
tp
ou
PART V
ith
w
ed
ORGANISATIONAL RIGHTS
ut
rib
st
di
60. For purposes of this Part-
or
Interpretation
ed
“authorised representative” means an office bearer or official
uc
od
of a trade union or any other person authorised to
pr
re
represent the trade union;
be
ay
“employer’s premises” includes any premises under the
m
ok
control of the employer where work is done or the
bo
employees are accommodated;
is
th
of
“labour laws” includes this Act and any other law relating to
rt
pa
labour matters;
o
.N
“registered trade union” includes two or more trade unions
d
ve
acting jointly; and
r
se
re
“representative trade union” means a registered trade union
s
ht
rig
that is the most representative trade union.
ll
.A
[s. 59]
a
ni
za
an
Access to 61.–(1) An authorised representative of a registered trade
fT
to
employer’s
union shall be entitled to enter the employer’s premises in
en
premises
m
order to-
n
er
(a) recruit members;
ov
G
(b) communicate with members;
25
20
(c) meet members in dealings with the employer;
©
(d) hold meetings of employees on the premises; and
(e) vote in any ballot under the union constitution.
162
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(2) A registered trade union may establish a field branch at
any workplace where ten or more of its members are employed.
(3) The employer shall provide a union recognised in terms
of section 68 reasonable and necessary facilities to conduct its
activities at the workplace.
.
AG
O
(4) The rights under this section shall be subject to any
of
n
conditions as to time and place that are reasonable and
io
s
is
necessary to safeguard life or property or to prevent undue
m
er
tp
disruption of work.
ou
[s. 60]
ith
w
ed
ut
62.–(1) An employer shall deduct dues of a registered trade
rib
Deduction of
st
trade union dues
union from an employee’s wages where that employee has
di
or
authorised the employer to do so in the prescribed form.
ed
uc
(2) The employer shall remit the deductions to the trade
od
pr
union within seven days after the end of the month in which
re
be
the deductions are made.
ay
m
(3) Where the employer fails to remit the union dues
ok
bo
within the time specified in subsection (2), without reasonable
is
th
grounds, the employer shall be liable to pay the union the
of
rt
equivalent of five percent of the total amount due for each day
pa
o
the dues remain un-remitted.
d .N
(4) An employee may revoke an authorisation by giving one
ver
se
month’s written notice to the employer and the trade union.
re
s
ht
(5) Where an employee revokes any authorisation under
rig
subsection (3), the employer shall cease to make any deductions
ll
a.A
after the expiry of the notice.
ni
za
an
(6) With each monthly remittance, the employer shall give
fT
a registered trade union-
to
en
(a) a list in the prescribed form of the names of the
n m
er
members in respect of whom deductions are required
ov
G
to be made; and
25
20
(b) a copy of any notice of revocation under subsection (3).
©
[s. 61]
163
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Trade union 63.–(1) A registered trade union shall be entitled to-
representation
(a) one trade union representative for one to nine members;
(b) three representatives for ten to twenty members;
(c) ten representatives for twenty one to one hundred
members;
.
AG
O
(d) fifteen representatives for work places with more than
of
n
one hundred members.
io
s
is
(2) In workplace with more than one hundred members,
m
er
tp
at least five of the trade union representatives shall represent
ou
women employees, if any, who are employed and belong to the
ith
w
union.
ed
ut
rib
(3) The constitution of a registered trade union shall govern
st
di
the election, terms of office and removal from office of a trade
or
ed
union representative.
uc
od
(4) Trade union representatives shall perform the following
re
pr
functions to:
be
(a) represent members in grievance and disciplinary
ay
m
hearings;
ok
bo
(b) make representations on behalf of members in respect
is
th
of rules;
of
rt
(c) consult on productivity in the workplace;
pa
o
.N
(d) represent the trade union in enquiries and investigations
d
ve
conducted by inspectors in terms of any labour laws;
r
se
re
(e) monitor employer compliance with labour laws;
s
ht
(f) perform trade union functions under the union’s
rig
ll
constitution;
.A
a
ni
(g) further good relations; and
za
an
(h) perform any function or role agreed to by the employer.
fT
to
(5) Trade union representatives shall be entitled to
en
m
reasonable paid time off to perform any of the functions
n
er
referred to in subsection (4).
ov
G
(6) The employer shall disclose to the trade union
25
20
representatives any information relevant to the performance
©
of their functions.
164
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(7) The provisions of section 71 relating to disclosure of
relevant information shall mutatis mutandis apply to any
disclosure prescribed in subsection (6).
(8) The rights under this section are subject to any reasonable
conditions to ensure the orderly exercise of the rights and that
.
AG
O
work is not unduly interrupted.
of
n
[s. 62]
io
s
is
m
er
64. The employer shall grant reasonable paid leave to-
tp
Leave for trade
ou
union activities
(a) trade union representatives referred to in section 63 to
ith
w
attend training courses relevant to their functions; and
ed
ut
(b) office bearers of -
rib
st
(i) a registered trade union, to perform the functions
di
or
of their office; or
ed
uc
(ii) a registered federation, to which the representative
od
pr
union belongs, to perform the functions of their
re
be
office.
ay
m
[s. 63]
ok
bo
is
65.–(1) A registered trade union may notify an employer in
th
Procedure
of
for exercising
the prescribed form that it seeks to exercise a right conferred
rt
pa
organisational
under this Part.
o
right
d .N
(2) Within 30 days of the receipt of a notice under subsection
ver
se
(1), the employer shall meet with the trade union to conclude
re
s
a collective agreement granting the right and regulating the
ht
rig
manner in which the right is to be exercised.
ll
.A
(3) Where there is no agreement or the employer fails to
a
ni
za
meet with the trade union within 30 days, the union may refer
an
fT
the dispute to the Commission for mediation.
to
en
(4) Where the mediation fails to resolve the dispute, the
n m
er
trade union may refer the dispute to the Labour Court which
ov
G
shall make appropriate orders.
25
20
(5) A dispute over the interpretation or application of an
©
order made under this section shall be referred to the Labour
Court for decision.
[s. 64]
165
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Termination of 66.–(1) Where a trade union materially breaches the terms
organisational
rights
and conditions for the exercise of organisational rights, the
employer-
(a) may refer the issue to the Commission for mediation;
(b) where the mediation fails to resolve the issue, may
.
AG
O
apply to the Labour Court to-
of
n
(i) terminate any of the organisational rights granted
io
s
is
to the trade union under a collective agreement;
m
er
tp
or
ou
(ii) withdraw an order made under section 65.
ith
w
(2) A Labour Court making a decision under this section
ed
ut
rib
may make any appropriate order including-
st
di
(a) requiring the union to take measures to ensure
or
ed
compliance with the conditions for the exercise of a
uc
od
right; re
pr
(b) suspending the exercise of a right for a period of time;
be
and
ay
m
(c) terminating the organisational rights contained in a
ok
bo
collective agreement or order made under section 65.
is
th
[s. 65]
of
rt
pa
o
PART VI
d .N
ve
COLLECTIVE BARGAINING
r
se
re
s
ht
67. For purposes of this Part-
rig
Interpretation
ll
.A
(a) a “bargaining unit”-
a
ni
(i) means any unit of employees in respect of which a
za
an
registered trade union is recognised, or is entitled
fT
to
to be recognised, as the exclusive bargaining agent
en
m
in terms of this Part; and
n
er
ov
(ii) includes a unit of employees employed by more
G
25
than one employer;
20
©
(b) a “recognised trade union” means a trade union
recognised by a collective agreement or in respect of an
order made by the Labour Court under the provisions
of section 68; and
166
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(c) a “registered trade union” includes two or more
registered trade unions acting jointly.
[s. 66]
Recognition 68.–(1) A registered trade union that represents the majority
.
AG
as exclusive
of the employees in an appropriate bargaining unit shall be
O
bargaining agent
of
entitled to be recognised as the exclusive bargaining agent of
n
of employees
io
s
Act No.
is
the employees in that unit.
m
17 of 2010 s. 9
er
(2) An employer or employers’ association may not
tp
ou
recognise a trade union as an exclusive bargaining agent unless
ith
w
the trade union is registered and represents the majority of the
ed
ut
employees in the bargaining unit.
rib
st
(3) A registered trade union may notify the employer or
di
or
employers’ association in the prescribed form that it shall
ed
uc
seek recognition as the exclusive bargaining agent within an
od
pr
appropriate bargaining unit.
re
be
(4) Within 30 days of the notice prescribed in subsection
ay
m
(3), an employer shall meet to conclude a collective agreement
ok
bo
recognising the trade union.
is
th
(5) Where there is no agreement or the employer fails to
of
rt
meet with the trade union within the 30 days, the union may
pa
o
refer the dispute to the Commission for mediation, and the
d .N
period of thirty days may be extended by agreement.
ver
se
(6) Where the mediation fails to resolve the dispute, the
re
s
ht
trade union or the employer may refer the dispute to the
rig
Labour Court for decision.
ll
a.A
(7) The Labour Court may decide any dispute over
ni
za
an
the representativeness of the trade union by arranging
fT
any appropriate person to conduct a ballot of the affected
to
en
employees.
n m
er
(8) In determining the appropriateness of a bargaining unit,
ov
G
the Labour Court shall-
25
20
(a) consider the following:
©
(i) the wishes of the parties;
(ii) the bargaining history of the parties;
167
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(iii) the extent of union organisation among the
employees of the employer or employers;
(iv) the employee similarity of interest;
(v) the organisational structure of the employer or
employers;
.
AG
O
(vi) the different functions and processes of the
of
n
employer or employers and the degree of
io
s
is
integration; and
m
er
tp
(vii) the geographic location of the employer or the
ou
employers; and
ith
w
(b) promote orderly and effective collective bargaining
ed
ut
rib
with a minimum of fragmentation of an employer’s
st
di
organisational structure.
or
ed
(9) A dispute over the interpretation or application of an
uc
od
order made under this section shall be referred to the authority
re
pr
or the Court which made the order for interpretation and other
be
necessary orders.
ay
m
(10) An order made pursuant to this section shall be
ok
bo
enforced like any other order issued by the Labour Court.
is
th
(11) This section shall not preclude registered trade unions,
of
rt
employers and registered employers’ associations from
pa
o
.N
establishing their own collective bargaining arrangements by
d
ve
collective agreement.
r
se
re
[s. 67]
s
ht
rig
69.–(1) An employer or employers’ association shall bargain in
ll
Duty to bargain
.A
a
in good faith
good faith with a recognised trade union.
ni
za
an
(2) A recognised trade union shall bargain in good faith with
fT
the employer or employers’ association that has recognised it
to
en
or is required to recognise it under the provisions of section 68.
n m
er
[s. 68]
ov
G
25
20
Withdrawal of 70.Where a recognised trade union ceases to represent the
©
recognition
Act No.
majority of the employees in the bargaining unit, the employer
17 of 2010 s. 10 shall-
(a) give the trade union notice to acquire a majority within
three months; and
168
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(b) withdraw exclusive recognition, where it fails to acquire
that majority at the expiry of the three months.
(2) Where a recognised trade union has ceased to represent
the majority in the bargaining unit, any other trade union may
fill the prescribed forms for purpose of being recognized as an
.
AG
O
exclusive bargaining unit.
of
n
(3) Where a party to a collective agreement prescribed
io
s
is
in section 68(10), or a party subject to a recognition order,
m
er
tp
materially breaches the agreement or order, the other party
ou
may apply to Labour Court to have recognition withdrawn by-
ith
w
(a) terminating the recognition agreement; and
ed
ut
rib
(b) rescinding the recognition order.
st
di
(4) The Labour Court may decide any dispute over
or
ed
the representativeness of the trade union by arranging
uc
od
any appropriate person to conduct a ballot of the affected
re
pr
employees.
be
(5) The Labour Court may make any appropriate order
ay
m
including-
ok
bo
(a) giving the trade union an opportunity to become
is
th
representative;
of
rt
(b) altering the bargaining unit;
pa
o
.N
(c) suspending recognition for a period of time; and
d
ve
(d) withdrawing recognition.
r
se
re
[s. 69]
s
ht
rig
71.–(1) An employer that has recognised a trade union under
ll
Obligation to
a.A
disclose relevant
this Part shall allow the union to engage effectively in collective
ni
za
information
an
bargaining.
fT
(2) An employer shall not be obliged to disclose information
to
en
that-
n m
er
(a) is legally privileged;
ov
G
(b) the employer cannot disclose without contravening a
25
20
law or an order of court;
©
(c) is confidential and, where disclosed, may cause
substantial harm to an employee or the employer; and
(d) is private personal information relating to an employee
without that employee’s consent.
169
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(3) A trade union that receives confidential or private
personal information under this section-
(a) shall not disclose the information to any person other
than its members and advisors; and
(b) shall take reasonable measures to ensure that the
.
AG
O
information disclosed is kept confidential.
of
n
(4) Where there is a dispute over disclosure of information,
io
s
is
any party to the dispute may refer the dispute to the Commission
m
er
tp
for mediation.
ou
(5) Where the mediation fails, any party may refer the
ith
w
dispute to the Labour Court for decision.
ed
ut
rib
(6) In making any decision, the Labour Court may-
st
di
(a) hold the proceedings in camera;
or
ed
(b) take into account any previous breaches of
uc
od
confidentiality by the trade union or its members;
re
pr
(c) order an employer to disclose any confidential
be
information where, on balance, the effect of the non-
ay
m
disclosure may seriously impede the union’s ability-
ok
bo
(i) to bargain effectively; or
is
th
(ii) to represent employees effectively;
of
rt
(d) order the disclosure of information on terms designed
pa
o
.N
to limit any harm that may be caused by disclosure;
d
ve
(e) order the trade union to pay damages for any breach of
r
se
re
confidentiality; and
s
ht
(f) suspend or withdraw the right to disclosure.
rig
ll
[s. 70]
.A
a
ni
za
72.–(1) Collective agreements shall be in writing and signed
an
Binding nature
fT
of collective
by the parties.
to
agreements
en
(2) A collective agreement shall be binding on the last
m
Acts Nos.
n
er
8 of 2006 Sch.
signature unless the agreement states otherwise.
ov
17 of 2010 s. 11
G
(3) A collective agreement shall be binding on-
25
20
(a) the parties to the agreement;
©
(b) members of the parties to the agreement; and
(c) employees who are not members of a trade union party
to the agreement if the trade union is recognised as the
170
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
exclusive bargaining agent of those employees under
section 68.
(4) A collective agreement shall continue to be binding on
employers or employees who were party to the agreement at
the time of its commencement and includes resigned members
.
AG
O
from that trade union or employer association.
of
n
(5) A collective agreement becomes binding on employers
io
s
is
and employees who become members of the parties to the
m
er
tp
agreement after its commencement.
ou
(6) Unless a collective agreement provides otherwise,
ith
w
any party to an agreement may terminate the agreement on
ed
ut
rib
reasonable notice and shall give reasons for the termination.
st
di
(7) The parties to a collective agreement shall be required to
or
ed
lodge a copy of the agreement with the Labour Commissioner
uc
od
and shall be a rebuttable presumption that the copy so
re
pr
registered is authentic and may be executed as a decree of the
be
Court.
ay
m
[s. 71]
ok
bo
is
th
Agency Shop 73.–(1) An agreement that compels an employee to become a
of
agreements
rt
member of a trade union is not enforceable.
pa
Act No
o
(2) A recognised trade union and employer may conclude a
.N
24 of 2015 s. 8
d
collective agreement providing for an agency shop.
ver
se
(3) The requirements for a binding agency shop agreement
re
s
ht
are-
rig
(a) the agreement applies to employees in the bargaining
ll
.A
a
unit only;
ni
za
an
(b) employees who are not members of the trade union are
fT
not compelled to become members;
to
en
(c) any agency fee deducted from the remuneration of an
n m
er
employee, who is not a member, is equivalent to, or less
ov
G
than, the union dues deducted by the employer from
25
20
the remuneration of a member;
©
(d) the amount deducted from both members and
non-members shall be paid into a separate account
administered by the trade union; and
171
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(e) the moneys in that account may only be used to
advance or defend the socio-economic interests of
the employees in that workplace and shall not be used
to pay-
(i) an affiliation fee to a political party; or
.
AG
O
(ii) any contributions to a political party of person
of
n
standing for political office.
io
s
is
(4) Notwithstanding the provisions of any law or contract,
m
er
tp
an employer may deduct an agency fee under an agency shop
ou
agreement that complies with the provisions of this section
ith
w
from an employee’s wages without the consent of that employee:
ed
ut
rib
Provided that, such deduction complies with the terms and
st
di
conditions prescribed in the regulations.
or
ed
(5) A trade union party to an agency shop agreement shall-
uc
od
(a) appoint a registered auditor to audit the account
re
pr
prescribed in subsection (3) (d) annually;
be
(b) submit the auditor’s report to the Labour Commissioner
ay
m
and to the Registrar within thirty days of the date of the
ok
bo
report; and
is
th
(c) permit any interested person to inspect the report at
of
rt
the union’s offices during office hours.
pa
o
.N
(6) A report by an auditor appointed by a trade union under
d
ve
this section shall include an opinion on whether the provisions
r
se
re
of this section have been complied with.
s
ht
(7) An agency shop agreement shall be-
rig
ll
(a) suspended for so long as the trade union is not
.A
a
ni
representative; or
za
an
(b) terminated once recognition is withdrawn under
fT
to
section 70.
en
m
(8) Where an agency shop agreement is suspended or
n
er
terminated, the provisions of this section shall continue to
ov
G
apply in respect of any money remaining in the account
25
20
prescribed in subsection (3)(d).
©
(9) For purposes of this section, “agency shop” means a
union security arrangement in terms of which employees in a
172
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
bargaining unit, who are not members of the recognised trade
union, are required to pay an agency fee to the trade union.
[s. 72]
Workers 74.–(1) A recognised trade union and an employer or an
.
AG
participation
employers’ association may conclude a collective agreement
O
agreement
of
establishing a forum for workers participation in a workplace.
n
Act No.
io
s
24 of 2015 s. 9
is
(2) Where a registered trade union, employer or employers’
m
er
association wishes to establish a forum for workers’ participation
tp
ou
in any workplace, the union, employer or association may
ith
w
request the assistance of the Labour Commissioner to facilitate
ed
ut
discussions between the union, employer or association.
rib
st
(3) The Labour Commissioner shall facilitate any discussion
di
or
concerning the establishment of a forum for workers
ed
uc
participation in any workplace taking into account any
od
pr
code of good practice published by the Council on workers
re
be
participation.
ay
m
[s. 73]
ok
bo
is
75. Unless the parties to a collective agreement agree otherwise-
th
Disputes
of
concerning
(a) a dispute concerning the application, interpretation
rt
pa
collective
or implementation of a collective agreement shall be
o
agreements
d .N
referred to the Commission for mediation; and
ver
se
(b) where the mediation fails, any party may refer the
re
s
dispute to the Labour Court for a decision.
ht
rig
[s. 74]
ll
.A
a
ni
za
PART VII
an
fT
STRIKES AND LOCKOUTS
to
en
n m
er
Right to strike 76.–(1) Subject to the provisions contained in this Part-
ov
G
and to lockout
(a) every employee has the right to strike in respect of a
25
20
dispute of interest; and
©
(b) every employer has the right to lockout in respect of a
dispute of interest.
[s. 75]
173
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Restrictions on 77.–(1) A person shall not take part in a strike or a lock out or
right to strike or
lockout
in any way conduct himself in a manner contemplating or in
furtherance of a strike or lockout where-
(a) subject to the provisions of subsection (2), that person is
engaged in an essential service referred to in section 78;
.
AG
O
(b) that person is engaged in a minimum service prescribed
of
n
in section 80;
io
s
is
(c) that person is bound by an agreement that requires the
m
er
tp
issue in dispute to be referred to arbitration;
ou
(d) that person is bound by a collective agreement or
ith
w
arbitration award that regulates the issue in dispute;
ed
ut
rib
(e) that person is bound by a wage determination that
st
di
regulates the issue in dispute during the first year of
or
ed
that determination;
uc
od
(f) that person is a magistrate, a prosecutor or other court
re
pr
personnel;
be
(g) the issue in dispute is a complaint; and
ay
m
(h) the procedures prescribed in sections 81, 82 and 83
ok
bo
have not been followed.
is
th
(2) Notwithstanding the provisions of subsection (1) (a), a
of
rt
person engaged in an essential service may strike or lockout
pa
o
.N
where-
d
ve
(a) there is a collective agreement providing for minimum
r
se
re
services during a strike or lockout; and
s
ht
(b) that agreement has been approved under section 78 by
rig
ll
the Essential Services Committee.
a.A
ni
(3) The following conduct associated with strikes and
za
an
lockouts is prohibited:
fT
to
(a) picketing-
en
m
(i) in support of a strike; or
n
er
(ii) in opposition to a lawful lockout;
ov
G
(b) use of replacement labour in a lockout or a lawful strike;
25
20
(c) locking employers in the premises; and
©
(d) preventing employers from entering the premises.
(4) For purposes of this section, “replacement labour”
means taking into employment any person to continue or
174
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
maintain production during a strike or a lockout, but it does
not include the deployment of an employee to do the work of
an employee on strike or subject to a lockout provided that the
deployment is with the consent of that employee.
[s. 76]
.
AG
O
of
78.–(1) For purposes of this section, “service” includes any
n
Essential services
io
s
is
part of service.
m
er
(2) The following services are essential services:
tp
ou
(a) water and sanitation;
ith
w
(b) electricity;
ed
ut
(c) health services and associated laboratory services;
rib
st
(d) fire-fighting services;
di
or
(e) air traffic control and civil aviation telecommunications;
ed
uc
and
od
pr
(f) any transport services required for the provision of
re
be
these services.
ay
m
(3) In addition to the services designated in subsection (2),
ok
bo
the Essential Services Committee may designate a service as
is
th
essential where the interruption of that service endangers the
of
rt
personal safety or health of the population or any part of it.
pa
o
(4) Before the Essential Services Committee designates an
d .N
essential service under subsection (3), it shall-
ver
se
(a) give notice in the prescribed manner of the investigation
re
s
ht
inviting interested parties to make representations;
rig
(b) conduct an investigation in the prescribed manner;
ll
a .A
(c) make any written representations available for inspection;
ni
za
an
(d) hold a public hearing at which the interested parties
fT
may make oral representations; and
to
en
(e) consider those representations.
n m
er
(5) Where the Essential Services Committee designates a
ov
G
service as an essential service, it shall publish a notice to that
25
20
effect in the Gazette.
©
(6) The Essential Services Committee may vary or cancel
a designation made under this section in accordance with the
procedure set out in subsections (4) and (5) mutatis mutandis.
175
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(7) A party to a dispute as to whether or not a service is
an essential service or an employer or an employee is engaged
in an essential service shall refer the dispute to the Essential
Services Committee for determination.
(8) The party who refers the dispute to the Essential Services
.
AG
O
Committee shall satisfy the Committee that a copy of the
of
n
dispute has been served on all the other parties to the dispute.
io
s
is
(9) The Essential Services Committee shall determine the
m
er
tp
dispute as soon as possible.
ou
[s. 77]
ith
w
ed
ut
79.–(1) Unless a collective agreement provides otherwise-
rib
Disputes of
st
interest in
(a) a party to a dispute of interest in an essential service
di
or
essential services
may refer the dispute to the Commission for mediation;
ed
uc
and
od
pr
(b) where the mediation fails, any party to the dispute may
re
be
refer the dispute to arbitration by the Commission.
ay
m
(2) The provisions of subsection (1) shall apply where-
ok
bo
(a) the parties are bound by a collective agreement
is
th
providing for minimum services during a strike or
of
rt
lockout; and
pa
o
(b) the Essential Services Committee has approved that
d .N
agreement in terms of section 80(2).
ver
se
[s. 78]
re
s
ht
rig
Minimum 80.–(1) The parties to a collective agreement may agree to the
ll
.A
services during
provision of minimum services during a strike or a lockout.
a
ni
strike or lockout
za
(2) A party to a collective agreement that provides for
an
fT
minimum services during a strike or lockout in an essential
to
en
service may apply in the prescribed manner to the Essential
n m
er
Services Committee for approval of that agreement.
ov
G
(3) An employer may apply in the prescribed manner to
25
20
the Essential Services Committee for the designation of a
©
minimum service where-
(a) a minimum service is necessary to prevent damage to
property, machinery or plant during a strike or lawful
lockout; and
176
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(b) there is no collective agreement providing for minimum
services during a strike or lockout.
[s. 79]
Procedure for 81-(1) Subject to the provisions of this section, employees may
.
AG
engaging in
engage in a lawful strike where-
O
lawful strike
of
(a) the dispute is a dispute of interest;
n
io
s
is
(b) the dispute has been referred in the prescribed form to
m
er
the Commission for mediation;
tp
ou
(c) the dispute remains unresolved at the end of period of
ith
w
mediation provided under section 87(4) read together
ed
ut
with section 88(1) and (2);
rib
st
(d) the strike is called by a trade union, a ballot has been
di
or
conducted under the union’s constitution and a majority
ed
uc
of those who voted were in favour of the strike; and
od
pr
(e) after the applicable period referred to in paragraph (c),
re
be
they or their trade union have given forty eight hours
ay
m
notice to their employer of their intention to strike.
ok
bo
(2) Where the dispute relates to the unilateral alteration of
is
th
terms and conditions of employment, the employees and the
of
rt
trade union, may require the employer in the referral of the
pa
o
dispute under subsection (1)-
d .N
(a) not to implement any proposed change to terms and
ver
se
conditions; or
re
s
ht
(b) where the employer has implemented the change, to
rig
restore the terms and conditions of employment that
ll
.A
a
applied before the change.
ni
za
an
(3) Where the employer does not comply with the
fT
requirement referred to in subsection (2) within forty eight
to
en
hours of service of the referral on the employer, the employees
n m
er
and trade union may strike without complying with subsection
ov
G
(1)(c) to (e).
25
20
(4) This section shall not prevent a trade union and an
©
employer or employers’ association from agreeing to their own
strike procedure in a collective agreement, in which case the
177
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
provisions of that agreement shall apply and the provisions of
subsections (1) to (3) shall not apply.
[s. 80]
Procedure for 82.–(1) “secondary strike” means a strike that is-
.
AG
engaging in
(a) in support of a lawful strike (the “primary strike”) by
O
secondary strike
of
other employees against their employer (the “primary
n
io
s
is
employer”); or
m
er
(b) in opposition to a lockout (the “primary lockout”)
tp
ou
imposed by another employer (the “primary employer”)
ith
w
against its employees.
ed
ut
(2) A trade union may only call a secondary strike where-
rib
st
(a) fourteen days notice of the commencement of the
di
or
secondary strike has been given to the secondary
ed
uc
employer;
od
pr
(b) there is a relationship between the secondary and
re
be
primary employer that may permit the exercise of
ay
m
pressure; and
ok
bo
(c) the secondary strike is proportional taking into account-
is
th
(i) the effect of the strike on the secondary employer;
of
rt
and
pa
o
(ii) the possible effect that the strike may have on
d .N
resolving the dispute giving rise to the primary
ver
se
strike or primary lockout.
re
s
ht
(3) Employees engaged in the following services are
rig
prohibited from engaging in a secondary strike:
ll
a.A
(a) the essential services referred to in section 78 in respect
ni
za
an
of which there is no approved collective agreement as
fT
prescribed in section 80(2); or
to
en
(b) agreed or determined minimum services as prescribed
n m
er
in section 80.
ov
G
(4) This section shall not prevent a trade union and an
25
20
employer or an employers’ association from agreeing to their
©
own requirements and procedure in a collective agreement, in
which case the provisions of that agreement shall apply and the
provisions of subsections (1) and (2) shall not apply.
[s. 81]
178
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Procedure for 83.–(1) Subject to the provisions of subsection (2), an employer
engaging in
lawful lockout
may engage in a lawful lockout where-
(a) the dispute is a dispute of interest;
(b) the dispute has been referred in the prescribed form to
the Commission for mediation;
.
AG
O
(c) the dispute remains unresolved at the end of the period
of
n
of mediation prescribed in sections 87 and 88; and
io
s
is
(d) after the applicable period referred to in paragraph
m
er
tp
(c) the employer or employers’ association has given
ou
forty eight hours notice to the employees or their trade
ith
w
union of the intention to lockout.
ed
ut
rib
(2) This section shall not prevent a trade union and an
st
di
employer or an employers’ association from agreeing to their
or
ed
own procedure in a collective agreement, in which case the
uc
od
provisions of that agreement shall apply and the provisions of
re
pr
subsection (1) shall not apply.
be
[s. 82]
ay
m
ok
bo
Nature of 84.–(1) Notwithstanding the provisions of any law, including
is
th
protection of
the common law, a lawful strike or lawful lockout shall not be-
of
lawful strike or
rt
(a) a breach of contract;
pa
lockout
o
(b) a tort; or
d .N
(c) a criminal offence.
ver
se
(2) An employer shall not terminate the employment of an
re
s
ht
employee for-
rig
(a) participating in a lawful strike; or
ll
.A
a
(b) not acceding to an employer’s demand in a lockout.
ni
za
an
(3) Civil or criminal proceedings shall not be instituted
fT
against any person for participating in a lawful strike or lawful
to
en
lockout.
n m
er
(4) Notwithstanding the provisions of subsection (1), an
ov
G
employer shall not be obliged to remunerate an employee for
25
20
services that the employee does not render during a lawful
©
strike or lawful lockout, however-
(a) the employer shall continue to make its contribution
and the employee’s contributions to any funds that the
179
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
employee is required to belong to by law or under the
contract of employment during the strike or lockout;
(b) where the employer provides accommodation,
the provision of food or other basic amenities of
life, the employer shall continue to provide that
.
AG
O
accommodation, food or amenities during the strike or
of
n
lockout; and
io
s
is
(c) after the end of the strike or lockout, the employer
m
er
tp
may-
ou
(i) deduct any of the employee’s contributions
ith
w
referred to in paragraph (a) from the employee’s
ed
ut
rib
remuneration; or
st
di
(ii) deduct the agreed monetary value of the
or
ed
accommodation, food or amenities from the
uc
od
employee’s remuneration with the consent of the
re
pr
employee.
be
(5) Where an employee does not consent to the deduction
ay
m
prescribed in subsection (4)(c)(ii), the employer may refer the
ok
bo
dispute to mediation.
is
th
(6) Where the dispute referred to in subsection (5) is not
of
rt
resolved, the employer may refer it to the Labour Court for a
pa
o
.N
decision.
d
ve
(7) Subsection (4) shall not prevent a trade union or
r
se
re
employer or employers’ association from concluding a
s
ht
collective agreement that regulates the matters dealt with in
rig
ll
that subsection differently.
.A
a
ni
[s. 83]
za
an
fT
85.–(1) Where a strike or lockout is not in compliance with this
to
Strikes and
en
lockouts not in
Act, or a trade union or employer or employers’ association
n m
compliance with
er
this Part engages in prohibited conduct, the Labour Court shall have
ov
G
exclusive jurisdiction-
25
20
(a) to issue an injunction to restrain any person from-
©
(i) participating in an unlawful strike or lockout; or
(ii) engaging in any prohibited conduct; and
180
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(b) to order the payment of just and equitable compensation
for any loss attributable to the strike, lockout or
conduct, having regard to-
(i) the degree of fault;
(ii) the cause of the strike, lockout or conduct;
.
AG
O
(iii) any prior history of non-compliance;
of
n
(iv) the ability to pay;
io
s
is
(v) the extent of the harm;
m
er
tp
(vi) the interests of collective bargaining; and
ou
(vii) the duration of the strike, lockout or conduct.
ith
w
(2) The Labour Court may not issue an injunction unless
ed
ut
rib
forty eight hours notice of the application has been given to
st
di
the respondent.
or
ed
(3) Notwithstanding the provisions of subsection (2), the
uc
od
Court may grant a shorter period on good cause and only if
re
pr
the respondent is given a reasonable opportunity to be heard.
be
(4) Other than in exceptional circumstances, the Labour
ay
m
Court may not make an order of compensation that may cause
ok
bo
a trade union, employer or employer’s association to become
is
th
bankrupt.
of
rt
[s. 84]
pa
o
d .N
86.–(1) Subject to the provisions of subsection (2), an employee
ve
Protest action
r
se
may take part in protest action where-
re
s
ht
(a) the protest action has been called by a registered trade
rig
union or registered federation of trade unions;
ll
.A
a
(b) the union or federation has served a notice on the
ni
za
an
Council stating-
fT
(i) the reasons for the protest action; and
to
en
(ii) the duration and form of the protest action;
n m
er
(c) thirty days have elapsed from the date the notice was
ov
G
served; and
25
20
(d) the union or federation has given at least fourteen days
©
notice of the commencement of the protest action.
181
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(2) Employees engaged in the following services are
prohibited from engaging in protest action:
(a) the essential services referred to in section 78 in respect
of which there is no approved collective agreement as
prescribed in section 80(2); or
.
AG
O
(b) agreed or determined minimum services as prescribed
of
n
in section 80.
io
s
is
(3) The Council shall convene a meeting within thirty days
m
er
tp
of the notice to-
ou
(a) resolve the matter giving rise to the protest action; and
ith
w
(b) where unable to resolve the matter, secure an agreement
ed
ut
rib
with the trade unions or federation of trade unions
st
di
calling for the protest action on the duration and form
or
ed
of the protest action in order to minimise the harm that
uc
od
may be caused by the protest action.
re
pr
(4) In order to achieve the objects prescribed in subsection
be
(3), the Council may-
ay
m
(a) establish a tripartite Committee to perform its functions
ok
bo
under subsection (3);
is
th
(b) appoint a mediator after consultation with the
of
rt
Commission to mediate; and
pa
o
.N
(c) apply to the Labour Court for a declaratory order
d
ve
prescribed in subsection (5).
r
se
re
(5) A person who is likely to be, or has been, affected by the
s
ht
protest action may apply to the Labour Court for-
rig
ll
(a) an order restraining any person from taking part in
.A
a
ni
protest action or in any conduct in contemplation or
za
an
furtherance of an action that does not comply with the
fT
to
provisions of subsections (1) and (2);
en
m
(b) a declaratory order on the proportionality of any
n
er
proposed action taking into account-
ov
G
(i) the nature and the duration of the protest action;
25
20
(ii) the importance of the reasons for the protest
©
action; and
(iii) the steps taken by the union or the federation to
minimise the harm caused by the protest action.
182
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(6) Subject to the provisions of subsection (7), a person
who takes part in protest action that complies with this section
enjoys the protections conferred on lawful strikes in terms of
section 84.
(7) The protections conferred by subsection (6) on persons
.
AG
O
engaged in lawful protest action shall not apply to persons
of
n
who do not comply with any declaratory order issued under
io
s
is
subsection (5)(b).
m
er
tp
[s. 85]
ou
ith
w
PART VIII
ed
ut
rib
DISPUTE RESOLUTION
st
di
or
ed
Sub-Part A - Mediation
uc
od
pr
Referral of 87.–(1) Disputes referred to the Commission shall be in the
re
be
disputes for
prescribed form.
ay
mediation under
m
this Act (2) The party who refers the dispute under subsection (1),
ok
Act No.
shall satisfy the Commission that a copy of the referral has
bo
8 of 2006 Sch.
is
been served on the other parties to the dispute.
th
of
(3) On receipt of the referral made under subsection (1) the
rt
pa
Commission shall-
o
d .N
(a) appoint a mediator to mediate the dispute;
ver
se
(b) decide the time, date and place of the mediation
re
s
hearing;
ht
rig
(c) advise the parties to the dispute of the details stipulated
ll
.A
in paragraphs (a) and (b).
a
ni
za
(4) Subject to the provisions of section 88, the mediator
an
fT
shall resolve the dispute within thirty days of the referral or
to
en
any longer period to which the parties agree in writing.
n m
er
(5) The mediator shall decide the manner in which the
ov
G
mediation shall be conducted and if necessary may require
25
20
further meetings within the period referred to in subsection (4).
©
(6) In any mediation, a party to a dispute may be represented
by-
(a) a member or an official of that party’s trade union or
employers’ association;
183
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(b) an advocate; or
(c) a personal representative of the party’s own choice.
(7) Where the mediator fails to resolve a dispute within the
period prescribed in subsection (4), a party to the dispute may
where-
.
AG
O
(a) the dispute is a dispute of interest, give notice of
of
n
its intention to commence a strike or a lockout in
io
s
is
accordance with sections 81 or 83;
m
er
tp
(b) the dispute is a complaint-
ou
(i) refer the complaint to arbitration; or
ith
w
(ii) refer the complaint to the Labour Court.
ed
ut
rib
(8) Notwithstanding the failure to resolve a dispute within
st
di
the period stipulated in subsection (4), the mediator shall
or
ed
remain seized with the dispute until the dispute is settled and
uc
od
may convene meetings between the parties to the dispute in
re
pr
order to settle the dispute at any time before or during any
be
strike, lockout, arbitration or adjudication.
ay
m
[s. 86]
ok
bo
is
th
Consequences 88.–(1) Where the employees or a trade union refer a dispute
of
of not attending
rt
of interest to the Commission under section 87, the mediator
pa
mediation
o
may-
.N
hearing
d
(a) extend the period stipulated under section 87(4) by a
ver
se
further thirty days where the employees or union fail
re
s
ht
to attend the hearing arranged by the Commission; or
rig
(b) shorten the period stipulated in section 87(4) if the
ll
.A
a
employer or employers’ association party to the dispute
ni
za
an
fail to attend the hearing.
fT
(2) Where an employer or an employers’ association refers
to
en
a dispute of interest to the Commission under section 87, the
n m
er
mediator may-
ov
G
(a) extend the period stipulated under section 87(4) by a
25
20
further thirty days where the employer or employer’s
©
association fails to attend the hearing arranged by the
Commission; or
184
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(b) shorten the period stipulated in section 87(4) if the
employees or trade union party to the dispute fail to
attend the hearing.
(3) In respect of a complaint referred under this Act, the
mediator may-
.
AG
O
(a) dismiss the complaint where the party who referred the
of
n
complaint fails to attend a mediation hearing; or
io
s
is
(b) decide the complaint where the other party to the
m
er
tp
complaint fails to attend a mediation hearing.
ou
(4) The decision made under this section may be enforced
ith
w
in the Labour Court as a decree of a court of competent
ed
ut
rib
jurisdiction.
st
di
(5) The Commission may reverse a decision made under
or
ed
this section where-
uc
od
(a) application is made in the prescribed manner; and
re
pr
(b) the Commission is satisfied that there are good grounds
be
for failing to attend the hearing.
ay
m
[s. 87]
ok
bo
is
th
Sub-Part B: Arbitration
of
rt
pa
Resolving 89.–(1) For purposes of this section, a dispute means-
o
.N
disputes by
(a) a dispute of interest where the parties to the dispute are
d
ve
compulsory
r
engaged in an essential service; and
se
arbitration
re
Acts Nos.
(b) a complaint over-
s
ht
8 of 2006 Sch.
rig
17 of 2010 s. 12 (i) the fairness or lawfulness of an employee’s
ll
.A
termination of employment;
a
ni
za
(ii) any other contravention of this Act or any
an
fT
other labour laws or breach of contract or any
to
employment or labour matter falling under
en
n m
common law, tortious liability and vicarious
er
ov
liability; and
G
25
(iii) any dispute referred to arbitration by the Labour
20
©
Court under section 95(3)(a)(ii).
(2) Where the parties fail to resolve a dispute referred to
mediation under section 87, the Commission shall-
(a) appoint an arbitrator to decide the dispute;
185
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(b) determine the time, date and place of the arbitration
hearing; and
(c) advise the parties to the dispute of the details stipulated
in paragraph(a) or (b).
(3) Subsection (2) shall not prevent the Commission from-
.
AG
O
(a) appointing an arbitrator before the dispute has been
of
n
mediated;
io
s
is
(b) determining the time, date and place of the arbitration
m
er
tp
hearing, which date may coincide with the date of the
ou
mediation hearing; and
ith
w
(c) advising the parties to the dispute of the details
ed
ut
rib
stipulated in paragraphs (a) and (b).
st
di
(4) The arbitrator-
or
ed
(a) may conduct the arbitration in a manner that the
uc
od
arbitrator considers appropriate in order to determine
re
pr
the dispute fairly and quickly; and
be
(b) shall deal with the substantial merits of the dispute
ay
m
with the minimum of legal formalities.
ok
bo
(5) Subject to the discretion of the arbitrator as to the
is
th
appropriate form of the proceedings, a party to the dispute
of
rt
may give evidence, call witnesses, question witnesses, and
pa
o
.N
present arguments.
d
ve
(6) Where the parties to the dispute consent, the arbitrator
r
se
re
may suspend proceedings and resolve the dispute through
s
ht
mediation.
rig
ll
(7) A mediator may, by an agreement between the parties
a .A
ni
or on application by the parties, draw a settlement agreement
za
an
in respect of any dispute pending before him, which shall be
fT
to
signed by the parties and the mediator, and such agreement
en
m
shall be deemed to be a decree of the Court.
n
er
(8) Where a party fails to-
ov
G
(a) attend any arbitration proceedings convened by
25
GN. No.
20
67 of 2007
arbitrator, the matter may be heard ex-parte as provided
©
for under rule 28 of the Labour Institutions (Mediation
and Arbitration Guidelines) Rules; or
186
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(b) comply with any direction made by the arbitrator, the
arbitrator shall proceed to make the award.
(9) In any arbitration hearing, a party to a dispute may be
represented by-
(a) member or official of that party’s trade union or
.
AG
O
employers’ association;
of
n
(b) an advocate; or
io
s
is
(c) a personal representative of the party’s own choice.
m
er
tp
(10) An arbitrator may make any appropriate award but
ou
may not make an order for costs unless a party or a person
ith
w
representing a party acted in a frivolous or vexatious manner.
ed
ut
rib
(11) Within thirty days of the conclusion of the arbitration
st
di
proceedings, the arbitrator shall issue an award with reasons
or
ed
signed by the arbitrator.
uc
od
re
pr [s. 88]
be
Effect of 90.–(1) An arbitration award made under this Act shall be
ay
m
arbitration award
binding on the parties to the dispute.
ok
bo
(2) An arbitration award made under this Act may be
is
th
served and executed in the Labour Court as if it were a decree
of
rt
of a court of law.
pa
o
[s. 89]
d .N
ver
se
Correction of 91. An arbitrator who has made an award under section 89(10)
re
arbitration award
s
may, on application or on his own motion, correct in the award
ht
Act No.
rig
17 of 2010 s. 13 any clerical mistake or error arising from any accidental slip or
ll
.A
omission.
a
ni
za
[s. 90]
an
fT
to
92.–(1) A party to an arbitration award made under section
en
Revision of
m
arbitration award
n
89(10) who alleges a defect in any arbitration proceedings
er
Act No.
ov
under the auspices of the Commission may apply to the Labour
G
17 of 2010 s. 14
25
Court for a decision to set aside the arbitration award-
20
©
(a) within six weeks of the date that the award was served
on the applicant unless the alleged defect involves
improper procurement; and
187
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(b) if the alleged defect involves improper procurement,
within six weeks of the date that the applicant discovers
that fact.
(2) The Labour Court may set aside an arbitration award
made under this Act on grounds that-
.
AG
O
(a) there was a misconduct on the part of the arbitrator;
of
n
(b) the award was improperly procured; and
io
s
is
(c) the award is unlawful, illogical or irrational.
m
er
tp
(3) The Labour Court may stay the enforcement of the
ou
award pending its decision.
ith
w
(4) Where the award is set aside, the Labour Court may-
ed
ut
rib
(a) determine the dispute in the manner it considers
st
di
appropriate;
or
ed
(b) make any order it considers appropriate about the
uc
od
procedures to be followed to determine the dispute.
re
pr
[s. 91]
be
ay
m
Application of 93. The Arbitration Act, does not apply to an arbitration
ok
bo
Arbitration Act
conducted by the Commission.
is
Cap. 15
th
[s. 92]
of
rt
pa
94.–(1) This Act shall not prevent an agreement to submit a
o
Voluntary
.N
arbitration
d
dispute to arbitration.
ve
Act No.
r
se
17of 2010 s. 15 (2) The provisions of the Arbitration Act, shall apply to any
re
Cap. 15
s
agreed submission of a dispute to arbitration provided that-
ht
rig
(a) notwithstanding the provisions of section 3 of the
ll
.A
Arbitration Act, any dispute may be submitted to
a
Cap.15
ni
za
arbitration;
an
fT
Cap.15 (b) any reference to the High Court in the Arbitration Act
to
en
shall be interpreted as referring to the Labour Court.
n m
er
Cap. 300 (3) A voluntary arbitration preferred under section 14(1)
ov
G
(b)(ii) of the Labour Institutions Act shall be dealt with by the
25
20
Commission as if it were a compulsory arbitration referred to
©
under subsections (2) to (9) of section 89.
[s. 93]
188
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Sub-Part C: Adjudication
Jurisdiction of 95.–(1) Subject to the Constitution of the United Republic
Labour Court
Cap. 2
of Tanzania, 1977 the Labour Court shall have exclusive
Acts Nos. jurisdiction over the application, interpretation and
.
AG
8 of 2006 Sch.
implementation of the provisions of this Act and over any
O
17 of 2010 s. 16
of
employment or labour matter falling under common law,
n
io
tortious liability, vicarious liability or breach of contract and
s
is
m
to decide-
er
tp
(a) appeals from the decisions of the Registrar made under
ou
ith
Part IV;
w
ed
(b) reviews and revisions of-
ut
rib
(i) arbitrator’s awards made under this Part; or
st
di
or
(ii) decisions of the Essential Services Committee
ed
made under Part VII;
uc
od
(c) reviews of decisions, codes, guidelines or regulations
pr
re
made by the Minister under this Act;
be
ay
(d) complaints, other than those that are to be decided by
m
ok
arbitration under the provisions of this Act;
bo
is
(e) any dispute reserved for decision by the Labour Court
th
of
under this Act; and
rt
pa
(f) applications including-
o
.N
(i) a declaratory order in respect of any provision of
d
ver
this Act; or
se
re
(ii) an injunction.
s
ht
rig
(2) The Labour Court may refuse to hear a complaint where-
ll
.A
(a) the complaint has not been referred to mediation by
a
ni
za
the Commission under section 87; or
an
fT
(b) the provisions of that section have not been complied
to
en
with; and
n m
(c) the application is not urgent.
er
ov
(3) Where a party refers a dispute to the Labour Court, the
G
25
Court may-
20
©
(a) where it is a dispute that is required to be referred to
the Labour Court in terms of this Act-
(i) decide the dispute; or
189
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(ii) refer the dispute to the Commission to be decided
by arbitration; and
(b) where it is a complaint that is required to be referred to
arbitration-
(i) refer the complaint to the Commission for it to be
.
AG
O
dealt with under section 89; or
of
n
(ii) decide the complaint provided that it may make
io
s
is
an appropriate order as to costs.
m
er
tp
[s. 94]
ou
ith
w
Sub-Part D - Dispute Procedures in Collective Agreements
ed
ut
rib
96.–(1) This Part shall not prevent a trade union on the one
st
Dispute
di
resolution
or
hand and an employer or employers’ association on the other
ed
procedures
hand from concluding a collective agreement providing for the
uc
in collective
od
agreements
resolution of disputes not within the provisions of this Part.
pr
re
Act No.
(2) A collective agreement may depart from the provisions of
be
8 of 2006 Sch.
ay
this Part provided that the disputes are mediated or arbitrated
m
ok
in an independent, neutral, expedited and professional manner.
bo
is
(3) A person bound by a collective agreement prescribed
th
of
in this section may not refer a dispute to the Commission for
rt
pa
Mediation and Arbitration under the provision of this Part:
o
.N
Provided that, any dispute which is not resolved shall be
d
ver
referred by any party to the dispute or the mediator or
se
re
arbitrator to the Labour Court for adjudication, decision and
s
ht
rig
execution.
ll
.A
(4) Subject to the provisions of subsection (3), any
a
ni
za
resolution made or award passed by the mediator or arbitrator
an
fT
respectively, shall be binding on the parties and shall be
to
executed as a decree of the Labour Court.
en
n m
(5) On application, the Labour Court, may set aside a
er
ov
provision of a collective agreement that does not comply with
G
25
subsection (2).
20
©
[s. 95]
190
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
PART IX
GENERAL PROVISIONS
Records to be 97.–(1) Every employer and employee shall keep a record of
.
kept by employers
AG
and employees
the following information:
O
(a) the written particulars prescribed in section 16 and any
of
n
io
changes to those particulars; and
s
is
m
(b) any remuneration paid to the employee.
er
tp
(2) Every employer shall retain the record of an employee
ou
ith
prescribed in subsection (1) for a period of five years after the
w
ed
termination of that employee.
ut
rib
(3) An employer shall keep a record of the prescribed details
st
di
of any strike, lockout or protest action involving its employees.
or
ed
(4) The Labour Commissioner, in the prescribed manner,
uc
od
may require information based on the records referred to in
pr
re
this section from an employer.
be
ay
(5) An employer shall submit to the Labour Commissioner
m
ok
any information required in terms of subsection (4).
bo
(6) Subject to the provisions of section 102, the Labour
is
th
of
Commissioner may-
rt
pa
(a) compile, analyse and tabulate statistics collected from
o
.N
the information submitted under this section; and
d
ve
(b) upon the Minister’s direction publish those statistics.
r
se
re
[s. 96]
s
ht
rig
ll
98.–(1) A document required to be served on a registered
.A
Service of
a
ni
documents
organisation or federation in any civil or criminal proceedings
za
an
shall be deemed to be duly served where it is-
fT
to
(a) delivered to the registered office of the organisation or
en
m
federation;
n
er
ov
(b) delivered by registered post to its postal address; or
G
25
(c) served personally on an officer of the organisation or
20
federation.
©
(2) For purposes of this section, a “document” includes any
notice, referral, submission, application or other document
required to be served under this Act.
[s. 97]
191
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Regulations 99.–(1) The Minister may, in consultation with the Council,
make regulations and prescribe forms for the purpose of
carrying out or giving effect to the principles and provisions
of this Act.
(2) In particular and without prejudice to the generality
.
AG
O
of the powers conferred by subsection (1), the Minister may
of
n
make regulations for or in respect of all or any of the following
io
s
is
matters:
m
er
tp
(a) all matters stated or required in this Act to be prescribed;
ou
(b) the prohibition or regulation of employment of children
ith
w
under the age of eighteen years;
ed
ut
rib
(c) the registration of plans for eliminating discrimination
st
di
in the workplace;
or
ed
(d) the form and manner in which written particulars of
uc
od
employment are to be given to an employee;
re
pr
(e) regulating the payment of wages including payment of
be
any money due to a deceased employee to the heirs or
ay
m
estate of that employee;
ok
bo
(f) the form and content of information and documentation
is
th
to be supplied by the employer to its employees;
of
rt
(g) regulating the procedure of registration of organisations
pa
o
.N
and federations, the registers to be kept and the
d
ve
certificate of registration;
r
se
re
(h) the authorisation of access by trade union officials
s
ht
to employer premises for the purpose of recruiting,
rig
ll
meeting and representing members;
.A
a
ni
(i) the deduction of trade union dues including
za
an
authorisation and remittance of money to the registered
fT
to
trade union;
en
m
(j) the procedure for the recognition of registered trade
n
er
unions;
ov
G
(k) the lodgement of collective agreements with the Labour
25
20
Commissioner;
©
(l) the procedure for investigations by the Essential
Services Committee into essential services and
minimum services;
192
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(m) the books, records, accounts and other documents to
be kept under this Act;
(n) the information to be furnished by an employer to the
Labour Commissioner;
(o) the returns to be rendered by the employer to the
.
AG
O
Labour Commissioner;
of
n
(p) the fees to be charged for registration or any other
io
s
is
service or matter prescribed or permitted by this Act;
m
er
tp
(q) occupational safety and health standards and the
ou
working environment secured by an appropriate
ith
w
system of inspection; and
ed
ut
rib
(r) generally for all matters incidental to or connected
st
di
with the matters or subjects specifically mentioned in
or
ed
this Act.
uc
od
(3) The Minister, after consultation with the Council, may,
re
pr
by notice in the Gazette, deem any category of persons to be
be
employees for purposes of this section, any provisions of this
ay
m
Act or any other written law in respect of which the Minister
ok
bo
is responsible.
is
th
[s. 98]
of
rt
pa
o
100.–(1) The Minister, after consulting the Council, may-
.N
Guidelines and
d
codes of good
(a) issue codes of good practice;
ver
practice
se
(b) issue guidelines for the proper administration of this
re
s
ht
Act; or
rig
(c) change or replace any code or guideline.
ll
.A
a
(2) Any code of good practice or guideline or any change
ni
za
an
to, or replacement of, a code or guideline shall be published in
fT
the Gazette.
to
en
(3) A person interpreting or applying this Act shall take
n m
er
into account any code of good practice or guideline published
ov
G
under this section, and where that person departs from the
25
20
code or guideline, he shall justify the grounds for departure.
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[s. 99]
193
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Exemptions 101.–(1) The Minister may exempt any employer or class
of employers from any employment standard contained in
sections 20, 21, 24 to 26, 28,32 to 35, 42, 43 and 44.
(2) Before the Minister grants an exemption under this
section-
.
AG
O
(a) the employer or employers’ organisation shall satisfy the
of
n
Minister that they have consulted with the employees
io
s
is
affected by the exemption or their registered trade
m
er
tp
union;
ou
(b) he shall notify the affected employers and employees
ith
w
or their registered organisations of any proposed
ed
ut
rib
exemption and request representations to be submitted
st
di
within a reasonable period;
or
ed
(c) he shall take into account any representations made by
uc
od
the employees or their registered trade union; and
re
pr
(d) he shall strike a fair balance between the interests of
be
the employers and their employees, taking into account
ay
m
any applicable International Labour Organisation
ok
bo
Convention or recommendation.
is
th
(3) An exemption granted under subsection (1) shall-
of
rt
(a) be in the prescribed form signed by the Minister, and
pa
o
.N
the form shall include a statement of the employers, or
d
ve
category of employers affected by the exemption;
r
se
re
(b) include any conditions under which the exemption is
s
ht
granted;
rig
ll
(c) state the period of the exemption, which may be made
.A
a
ni
retrospective to a date not earlier than the date of the
za
an
application for exemption; and
fT
to
(d) if the exemption is granted to a class of employers, be
en
m
published in the Gazette.
n
er
(4) An exemption granted under this section may be
ov
G
amended or withdrawn by the Minister.
25
20
(5) Where the exemption is published in the Gazette under
©
subsection (3)(d), the Minister may amend or withdraw the
exemption only by notice in the Gazette from a date stated in
that notice.
194
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(6) A person who is aggrieved by the grant, amendment or
withdrawal of an exemption or its terms or period, may apply
for the review of the decision in the Labour Court.
[s. 100]
.
AG
102.–(1) Subject to the provisions of subsection (2), it is an
O
Confidentiality
of
offence for a person to disclose any information relating
n
io
s
is
to the financial or business affairs of another person if that
m
er
information was acquired in the performance of any function
tp
ou
or the exercise of any power under this Act.
ith
w
(2) Subsection (1) does not apply where the information is
ed
ut
disclosed incompliance with this Act-
rib
st
(a) to enable a person to perform a function or exercise a
di
or
power under this Act;
ed
uc
(b) in accordance with any written law;
od
pr
(c) for the purpose of the proper administration of this
re
be
Act; and
ay
m
(d) for purposes of the administration of justice.
ok
bo
[s. 101]
is
th
of
103.–(1) A district court and a resident magistrate’s court have
rt
Penalties
pa
jurisdiction to impose a penalty for an offence under this Act.
o
d .N
(2) A person convicted of any of the offences referred to in
ver
se
sections 5 and 6, may be sentenced to-
re
s
(a) a fine not exceeding five million shillings;
ht
rig
(b) imprisonment for a term of one year; or
ll
.A
(c) both.
a
ni
za
(3) A person convicted of any of the offences referred to in
an
fT
sections 7, 8 and 9 may be sentenced to a fine not exceeding
to
en
five million shillings.
n m
er
(4) A person convicted of any of the offences referred to in
ov
G
sections 28, 29, 46(3) and 102 shall be sentenced to a fine not
25
20
exceeding one million shillings.
©
(5) A person aggrieved by the decision of a court under this
section may appeal to the High Court.
[s. 102]
195
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Inconsistency 104. In case of conflict between this Act and any other written
with written laws
Act No.
law relating to employment standards, the standards stipulated
24 of 2015 s. 10 under this Act shall prevail.
[s. 102A]
.
AG
105.–(1) The laws specified in the Second Schedule are repealed
O
Repeal and
of
amendment of
subject to the savings and transitional provisions set out in the
n
io
laws and savings
s
is
provisions Third Schedule.
m
er
(2) Each of the laws specified in the Second Schedule are
tp
ou
amended to the extent specified in that Schedule.
ith
w
(3) The Third Schedule governs the transition from the
ed
ut
administration of the laws repealed under paragraph (1) to the
rib
st
administration of the matters in this Act.
di
or
[s. 103]
ed
uc
od
pr
re
FIRST SCHEDULE
be
ay
m
(Made under section 27(2))
ok
bo
Table for calculation of comparable wage rates
is
th
of
For the purpose of this Table -
rt
pa
“ordinary hours” do not include overtime hours;
o
.N
“ordinary days” mean the days the employee ordinarily works in a week
d
excluding any day falling within the weekly rest period stipulated in
ver
se
section 25; and
re
“rate” is based on the employee’s basic wage.
s
ht
rig
ll
Table - Calculation of comparable wage rates
a .A
ni
za
an
Basis of payment To calculate To calculate To calculate To calculate
fT
hourly rates daily rates weekly rates monthly rates
to
en
Employees whose Multiply the Multiply the Calculate the
m
basic wage is set hourly rate by hourly rate by weekly rate, then
n
er
by the hour the number of the number of Multiply the
ov
G
ordinary hours ordinary hours of calculated weekly
25
of work each day work each week rate by 4,333
20
©
Employees whose Divide the Multiply the Calculate the
basic wage is set daily rate by daily rate by weekly rate, then
by the day the number of the number of Multiply the
ordinary hours of ordinary days of calculated weekly
work each day work each week. rate by 4,333
196
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Employees whose Divide the weekly Divide the Multiply the
basic wage is set rate (or calculated weekly rate weekly rate (or
by the week weekly rate) by (or calculated calculated weekly
the number of weekly rate) by rate) by 4,333
ordinary hours of the number of
work each week. ordinary days of
.
AG
work each week
O
Employees whose Divide the Divide the Divide the
of
n
basic wage is set monthly rate by monthly rate monthly rate by
io
s
by the month (4,333 times the by 4,333 times 4,333
is
m
number of hours the number or
er
tp
ordinarily worked days ordinarily
ou
each week). worked each
ith
week
w
ed
ut
rib
st
di
SECOND SCHEDULE
or
ed
uc
(Made under sections 105(1) and (2))
od
pr
re
be
Citation of law Extent of repeal
ay
m
Employment Ordinance (Cap.366) The whole
ok
bo
Regulation of Wages and Terms of Employment Ordinance (Cap. 300) The whole
is
th
Wages and Salaries (General Revision) Act, 1974 (Act No. 22 of 1974) The whole
of
rt
Trade Union Act, 1998 (Act No.10 of 1998) The whole
pa
o
Security of Employment Act (Cap.574) The whole
d .N
ve
Severance Allowances Act (Cap.487) The whole
r
se
Industrial Court of Tanzania Act, 1967 (Act No.41 of 1967) The whole
re
s
ht
rig
ll
.A
a
THIRD SCHEDULE
ni
za
an
(Made under section 105(3))
fT
to
en
Savings and Transitional provisions
n m
er
Interpretation 1. In this Schedule, unless the context requires otherwise-
ov
G
Act No. “employers organisation” means an employer’s organisation
25
10 of 1998 registered under the Trade Unions Act;
20
©
“federation” means a federation registered under the Trade Unions
Act;
“repealed laws” means the laws repealed under section 105(1) and
listed in the Second Schedule;
197
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
“trade union” means a trade union registered under the Trade
Unions Act; and
“Trade Unions Act” means the Trade Unions Act.
Existing trade 2.–(1) A trade union, employer’s organisation or federation registered
unions employer’s under the repealed laws immediately before the commencement of this
.
AG
organisation and Act, shall be deemed to be registered under this Act.
O
federations
(2) As soon as practicable after the commencement of this Act, the
of
n
Registrar shall-
io
s
is
(a) enter the names and details of the trade unions, employers’
m
er
organisations and federations into the appropriate registers
tp
prescribed under section 49(5)(a) of this Act; and
ou
ith
(b) issue a certificate in terms of section 49(5)(b) of this Act to
w
ed
the trade unions, employers’ organisations and federations
ut
referred to in paragraph (a).
rib
st
(3) Where any provision of the constitution of a trade union,
di
or
employers’ organisation or federation does not comply with the
ed
requirements of sections 47 and 48 of this Act, the trade union,
uc
od
employers organisation or federation shall rectify its constitution
pr
and submit the rectifications to the Registrar within 6 months of the
re
be
commencement of this Act.
ay
(4) The provisions of section 51, shall apply mutatis mutandis in
m
ok
respect of a rectification under subparagraph (3).
bo
(5) Where a trade union, employers’ organisation or federation fails
is
th
to comply with sub-paragraph (3) or fails to make the requisite changes,
of
the Registrar shall apply to the Labour Court to cancel the registration
rt
pa
of the trade union, employers’ organisation or federation because of its
o
.N
failure to comply with the provisions of this paragraph read together
d
ve
with sections 47 and 48 of this Act.
r
se
(6) Section 56, shall apply mutatis mutandis in respect of an
re
s
application brought under subparagraph (5).
ht
rig
3.–(1) Any pending application for registration, alteration of name or
ll
Pending
.A
applications for constitution in terms of the repealed laws shall be dealt with as if the
a
ni
registration
za
application had been made under this Act.
an
(2) When dealing with an application referred to in subparagraph
fT
to
(1), the Registrar may-
en
(a) condone any technical non-compliance with this Act; and
n m
er
(b) require the applicant to amend its application in order to
ov
comply with this Act.
G
25
20
Organisational 4.–(1) For purposes of this paragraph-
©
rights and (a) organisational rights’ means any of the following rights:
recognition (i) the right to trade union representation in the workplace
including the right to a Committee or a field branch;
(ii) the right to facilities for trade union representatives in
the workplace;
198
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(iii) the right to disclosure of information;
(iv) the right to deduction of trade union dues and levies;
(v) the right of access to the employer premises for purposes
of recruitment of members, meeting with members and
representing members; and
(b) “recognition” means any agreement or practice in terms
.
AG
of which a trade union is recognised under the repealed
O
of
laws for purposes of negotiating terms and conditions of
n
io
employment.
s
is
m
(2) A trade union shall retain any organisational rights conferred by-
er
tp
(a) any of the repealed laws for a period of three years; and
ou
(b) any collective agreement in force at the commencement
ith
w
of this Act until the agreement’s expiry, except that, if the
ed
agreement expires within two years of the commencement of
ut
rib
this Act, the agreement shall be extended for a further year as
st
di
if the repealed laws had not been repealed.
or
(3) A dispute referred to a labour officer under the repealed laws
ed
uc
before the commencement of this Act shall be dealt with as if the
repealed laws had not been repealed. od
pr
re
(4) Where a trade union is recognised at the commencement of
be
this Act, the employer shall continue to recognise the trade union for
ay
m
a period of three years unless another trade union is recognised as the
ok
exclusive bargaining agent under section 68.
bo
is
(5) A dispute over any organisational rights or recognition conferred
th
of
under the repealed laws shall be decided by the Labour Court as if the
rt
pa
repealed laws had not been repealed.
o
.N
Negotiated 5.–(1) A negotiated or voluntary agreement concluded before the
d
ve
or voluntary commencement of this Act, whether or not the agreement has been
r
se
agreements registered by the Industrial Court under the repealed laws, shall be
re
s
binding until its expiry provided that-
ht
rig
(a) where the agreement is due to expire after a year from the
ll
.A
commencement of this Act, the agreement expires at the end
a
ni
of the year; and
za
an
(b) subject to paragraph 4(2)(b), any renewal of any such
fT
agreement shall be done in terms of this Act.
to
en
(2) A dispute arising from the application, interpretation or
m
implementation of an agreement stipulated in subparagraph (1) shall
n
er
ov
be decided by the Labour Court as if the repealed laws had not been
G
repealed.
25
20
6. Notwithstanding the repeal of the Employment Ordinance, the
©
The Employment
Ordinance No. provisions of sections 100 and 102 relating to ‘’provision of medicine and
47 of 1955 medical treatment’’ and ‘’burial of deceased employees and dependants’’
shall continue to apply until they are repealed by another law.
199
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Industrial Court 7.–(1) Subject to subparagraph (3), a trade dispute stipulated in the
awards repealed laws that arose before the commencement of this Act shall be
dealt with as if those laws had not been repealed.
(2) Subject to subparagraph (3), a trade dispute referred to the
Industrial Court under section 4 of the Industrial Court of Tanzania
Act or referred to the Court as a trade enquiry under section 8 of that
.
AG
Act before the commencement of this Act shall be dealt with as if those
O
of
laws had not been repealed.
n
io
(3) Notwithstanding subparagraphs (1) and (2), a strike or a lockout
s
is
m
that commences after the commencement of this Act shall be dealt with
er
tp
in terms of this Act.
ou
(4) A revision or interpretation of an award made by the Industrial
ith
w
Court shall be done as if the repealed laws had not been repealed.
ed
(5) An award made by the Industrial Court under the repealed laws
ut
rib
shall remain in force until the expiry of the award.
st
di
or
References to 8.–(1) A reference concerning a summary dismissal or disciplinary
ed
conciliation penalty that takes place before the commencement of this Act shall be
uc
boards
od
dealt with as if the repealed laws had not been repealed.
pr
(2) A reference concerning a summary dismissal or disciplinary
re
be
penalty that takes place before the commencement of this Act shall be
ay
dealt with as if the repealed laws had not been repealed.
m
ok
Disputes referred 9. A dispute contemplated in the repealed laws arising before the
bo
is
to labour officers commencement of this Act shall be dealt with as if the repealed laws
th
of
had not been repealed.
rt
pa
References to 10. A reference to the Minister stipulated under the repealed laws shall
o
.N
Minister be dealt with as if the repealed laws had not been repealed.
d
ver
11.–(1) An offence committed under the repealed laws before the
se
Matters before
re
ordinary courts commencement of this Act shall be dealt with as if the repealed laws
s
ht
had not been repealed.
rig
(2) A claim arising under the repealed laws before the commencement
ll
.A
of this Acts shall be dealt with as if the repealed laws had not been
a
ni
za
repealed.
an
(3) Any suit or other civil proceedings commenced before the
fT
to
commencement of this Act shall be dealt with as if the repealed laws
en
had not been repealed.
n m
er
12.–(1) The Minister may, after consultation with the Commission,
ov
Minister may
G
authorise authorise the Commission by notice in the Gazette to perform the
25
Commission
20
functions of conciliation boards or the industrial court in terms of
©
to perform
functions of paragraph 7 or 8-
conciliation board (a) in respect of the whole or any specified part of Mainland
and Industrial Tanzania; and
Court (b) with effect from a date specified in the Gazette.
200
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
(2) The authorisation of the Commission under subparagraph (1)
shall not affect the competence of a conciliation board or the industrial
court in terms of paragraph 7 or 8 to decide or finalise any matter that
is partly heard at the date specified in the Gazette.
Disputes 13.–(1) All disputes originating from the repealed laws shall be
.
AG
originating from determined by the substantive laws applicable immediately before the
O
repealed laws commencement of this Act.
of
Acts Nos.
n
(2) All disputes pending and all applications for executions filed
io
11of 2010 s. 42
s
is
4 of 2016 s. 24 arising from the decision of the Minister in the subordinate courts prior
m
er
to the commencement of this Act shall proceed to be determined by
tp
such courts.
ou
ith
(3) All disputes pending-
w
ed
(a) revision of the defunct Industrial Court of Tanzania shall be
ut
determined by a panel of three Judges of the Labour Court;
rib
st
and
di
or
(b) hearing before the Industrial Court of Tanzania shall be
ed
determined by the Labour Court.
uc
od
(4) All appeals and applications for judicial review originating from
pr
the industrial Court of Tanzania pending in the High Court shall be
re
be
determined by the High Court.
ay
(5) The Commission shall have powers to mediate and arbitrate
m
ok
all disputes originating from the repealed laws brought before the
bo
Commission and all such disputes shall be deemed to have been duly
is
th
instituted under section 87 of the Act.
of
(6) All references pending decision of the Minister shall-
rt
pa
(a) in the case of references which were returned by the High
o
.N
Court to the Minister for retrial, be determined and finalised
d
ve
by the Minister; and
r
se
(b) in the case of references pending the decision of the Minister
re
s
be forwarded together with their respective complete records
ht
rig
to the Labour Court for determination.
ll
.A
(7) The date of the decision of the Minister shall be the date indicated
a
ni
in the prescribed form.
za
an
(8) Notwithstanding the provisions of any other written laws, for the
fT
purposes of computation of limitation of time, the period between the
to
en
date of decision and the date of receipt of the decision shall be excluded.
m
(9) [Repealed by Act No. 4 of 2016, s. 24].
n
er
ov
14. [Omitted].
G
Minimum Wage
25
Ordinance
20
No. 15 of 1951
©
Subsidiary 15. Any subsidiary legislation made under the repealed laws shall
legislation remain in force until they are-
(a) repealed by the Minister; or
(b) replaced by subsidiary legislation made under this Act.
201
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Hours of work 16. Notwithstanding the provisions of section 20, the hours of work of
domestic and domestic workers and security workers shall be a maximum of-
security workers (a) 54 ordinary hours for the first year after the commencement
of this Act;
(b) 51 ordinary hours for the second year after the commencement
of this Act;
.
AG
(c) 48 ordinary hours for the third year after the commencement
O
of
of this Act; and
n
io
(d) 45 hours thereafter.
s
is
m
er
Written 17. [Omitted].
tp
particulars
ou
ith
w
ed
ut
rib
st
di
or
ed
uc
od
pr
re
be
ay
m
ok
bo
is
th
of
rt
pa
o
d .N
ver
se
re
s
ht
rig
ll
a .A
ni
za
an
fT
to
en
n m
er
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25
20
©
202
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