Tanzania

In Tanzania, an employer may only terminate an employment contract for valid reasons. These include serious misconduct, such as gross negligence or dishonesty, incapacity due to poor performance or ill-health, and operational requirements like economic, technological, or structural changes within the business.

Notice Requirements

Upon termination of an employment contract, the employer is required to provide the employee with written notice. The duration of this notice is dependent on the length of service:

• For the first month of employment, a minimum of 7 days' notice is required.
• For daily or weekly employment, a minimum of 4 days' notice is required.
• For monthly employment, a minimum of 28 days' notice is required.

It's important to note that the employer and employee can mutually agree to a longer notice period, as long as the duration is equal for both parties.

Severance Pay

In certain termination scenarios, Tanzania's labor laws mandate severance pay:

• In the case of termination due to operational requirements or redundancy, employees are entitled to severance pay calculated based on their length of service. The specific calculation formula is established by law.
• If a termination is deemed unfair by a labor tribunal, the employer may be ordered to pay severance, as well as potential additional compensation.

Procedural Fairness

Tanzanian law requires employers to follow fair and transparent procedures when terminating an employee:

1. The termination notice must clearly state the specific reason(s) for the dismissal.
2. The employee should be given a fair chance to understand and respond to the allegations against them.
3. For dismissals due to misconduct and poor performance, an employer should conduct a disciplinary hearing, allowing the employee to defend themselves and present their side of the case.

Failure to adhere to these procedures could result in a termination being declared unfair.

In Tanzania, the primary legal frameworks that safeguard against discrimination include The Constitution of the United Republic of Tanzania (Article 12 and 13) and The Employment and Labour Relations Act (2004). The former prohibits discrimination on a general basis, offering protection and equal standing before the law to all citizens, while the latter addresses discrimination specifically within the employment context.

Protected Characteristics

Tanzanian legislation prohibits discrimination in the workplace and more broadly on the grounds of race, sex, pregnancy, gender, marital status, family responsibilities, religion, political opinions, nationality, tribe, origin, HIV/AIDS status, and disability.

Redress Mechanisms

Victims of discrimination in Tanzania can seek resolution through several avenues. These include internal grievance procedures, filing complaints with the Labour Commissioner under the Employment and Labour Relations Act (2004), the Commission for Mediation and Arbitration (CMA), and legal action within the Tanzanian court system for unresolved cases or seeking further remedies.

Employer Responsibilities

Employers in Tanzania have a legal duty to prevent discrimination by establishing a workplace free from discriminatory practices and behaviors. They are also required to implement proactive measures such as policies and training aimed at promoting equality and diversity. Additionally, they must develop and register an Equal Opportunity Plan that outlines specific actions to combat discrimination with the Labour Commissioner. Employers are also obligated to take all discrimination allegations seriously and take appropriate corrective action.

Important Considerations

The definition of discrimination offered in the Tanzanian Constitution offers broad protection, leaving room for legal interpretation on a case-by-case basis. However, enforcement of anti-discrimination laws can be variable and access to justice might be challenging for some individuals.

In Tanzania, the Employment and Labour Relations Act of 2004 provides legal protections for workers. This legislation aims to ensure fair treatment and sets minimum standards for various aspects of employment, including working hours, rest periods, and ergonomic considerations.

Work Hours

The Act stipulates a standard workweek that should not exceed 45 hours and a maximum of nine working hours per day. Employees can be scheduled to work for up to six days a week.

Rest Periods

While Tanzanian law doesn't explicitly mandate specific rest break durations throughout the workday, employers are expected to provide reasonable breaks to prevent fatigue and ensure worker well-being. The Act also guarantees various leave entitlements for employees, including annual leave, sick leave, and maternity leave. Specific details regarding leave allowances and procedures are outlined within the legal framework.

Ergonomic Requirements

Tanzania's legislation doesn't contain a comprehensive set of regulations dedicated solely to ergonomics. However, the Occupational Safety and Health Act of 2003 focuses on broader workplace safety concerns. Employers hold responsibility for providing a safe work environment, which can be interpreted to encompass ergonomic considerations that minimize the risk of work-related musculoskeletal disorders.

In Tanzania, the Occupational Health and Safety Act, 2003, provides the legal framework for ensuring a safe and healthy work environment. It outlines the obligations of employers, the rights of employees, and the enforcement mechanisms.

Employer Obligations

Under the OSH Act, employers have significant responsibilities to protect the well-being of their workforce. Key obligations include:

• Providing a Safe Work Environment: Employers are required to identify and address potential hazards in the workplace and implement measures to minimize the risk of accidents and illnesses. This includes maintaining machinery, ensuring proper ventilation, and providing personal protective equipment (PPE) where necessary.
• Employee Health Monitoring: Employers must conduct medical examinations for employees at various stages of employment, including pre-employment, periodic check-ups, and upon termination.
• Workplace Registration: Employers must register their workplace with the Occupational Safety and Health Authority (OSHA).
• Compliance with Regulations: Employers must adhere to the specific health and safety regulations outlined in the OSH Act and its subsidiary legislations.

Employee Rights

The OSH Act also grants employees rights regarding workplace safety and health. These rights include:

• Right to a Safe Workplace: Employees have the right to work in an environment free from hazards that could cause injury or illness.
• Right to Information and Training: Employees have the right to be informed about potential hazards in the workplace and to receive proper training on safety procedures.
• Right to Refuse Unsafe Work: Employees can refuse to perform work tasks they believe are unsafe and unhealthy without fear of reprisals.
• Right to Report Unsafe Conditions: Employees can report any unsafe working conditions to their employer or OSHA.

Enforcement Agencies

The Occupational Safety and Health Authority (OSHA) is the main agency responsible for enforcing the OSH Act. OSHA's functions include:

• Conducting workplace inspections to ensure compliance with health and safety regulations.
• Investigating accidents and occupational illnesses.
• Issuing improvement notices or prohibition notices to employers who are not in compliance.

OSHA also follows up on complaints submitted by employees regarding unsafe working conditions.