Understand the laws governing work hours and overtime in Tanzania
The Employment and Labour Relations Act, 2004 (ELRA) in Tanzania sets the regulations for standard working hours. The maximum ordinary working hours per day are 9 hours. This does not include any designated lunch break. The maximum ordinary working hours per week are 45 hours. This equates to a maximum of six working days per week, assuming a nine-hour workday.
A written agreement between the employer and employee can permit a compressed workweek, allowing up to 12 hours per day. However, this compressed schedule cannot exceed 45 hours per week.
In Tanzania, the Employment and Labour Relations Act, 2004 (ELRA) sets the framework for overtime work. Overtime pay is applicable when an employee works beyond the standard working hours as defined by the ELRA.
There are certain limits to overtime work. Employees cannot be required to work more than 12 hours per day, including overtime. Overtime hours are capped at a maximum of 50 hours in any four-week cycle.
There are exceptions to these rules. Managerial positions directly reporting to senior management are exempt from these daily and cyclical limitations. Emergency situations may necessitate exceeding these limits, but such work should be exceptional and not become the norm. Collective bargaining agreements can establish alternative overtime hour averages over a period not exceeding one year, with a maximum of 10 overtime hours per week on average.
Employers are obligated to compensate employees for overtime work at a rate of one and a half times their regular wage. It's important to note that employees cannot be forced to work overtime. Any overtime work must be agreed upon by both the employer and the employee.
Tanzanian workers are entitled to designated rest periods and breaks throughout the workday and workweek, as outlined in the Employment and Labour Relations Act, 2004 (ELRA).
Daily Rest Periods
Workers should have a minimum of 12 consecutive hours of rest between the end of one workday and the beginning of the next. This ensures adequate time for recovery.
In exceptional circumstances, a written agreement between employer and employee can permit a shorter daily rest period, down to a minimum of 8 hours, provided the remaining rest period is added to the following week's rest.
Breaks During the Workday
Workers should have a one-hour break after working continuously for more than five hours. This break is unpaid and allows employees for personal time for meals or relaxation.
Employers may request employees to forgo their break only in situations where the work cannot be left unattended and no substitute employee is available. This should be a rare occurrence.
Weekly Rest Period
Employees are entitled to a minimum of 24 consecutive hours of rest in a week. This typically falls on Sundays, but can be negotiated otherwise.
A written agreement can establish a compressed workweek, allowing employees to work for two consecutive weeks without a full 24-hour rest period, provided they receive a compensatory rest period of at least 60 consecutive hours after the two weeks.
Remember:
Night work is defined as work performed between 8 pm and 6 am. Employees working night shifts are entitled to a night differential of at least 5% on top of their base wage for each hour worked at night. If night work coincides with overtime hours, the night differential is calculated on the overtime rate, providing a combined increase of 1.5 times the base wage + night differential. This translates to a 105% increase in total pay. Employees cannot be forced to work night shifts. Any night shift work must be agreed upon by both the employer and the employee.
The law does not explicitly prohibit weekend work, but employees are entitled to a minimum of 24 consecutive hours of rest in a week, which typically falls on Sundays. This rest period can be negotiated otherwise between employer and employee. A written agreement can establish a compressed workweek, allowing employees to work for two consecutive weekends without a full 24-hour rest period. However, they must receive a compensatory rest period of at least 60 consecutive hours after the two weeks.
Night shift work can disrupt sleep patterns and potentially impact employee health. Employers should consider offering additional benefits or scheduling adjustments to mitigate these effects. Weekend work can disrupt personal and family time. Employers should strive for fair scheduling practices and avoid unnecessary weekend work whenever possible. By adhering to these regulations and fostering open communication, employers can create a work environment that is fair and respectful of employee well-being during night shifts and weekends.
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