The Employment and Labour Relations Act

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.115
CHAPTER 366
THE EMPLOYMENT AND LABOUR RELATIONS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Application.
3. Objects.
4. Interpretation.
part ii
FUNDAMENTAL RIGHTS AND PROTECTIONS
Sub-Part A – Child Labour
5. Prohibition of child labour.
Sub-Part B – Forced Labour
6. Prohibition of forced labour.
Sub-Part C – Discrimination
7. Prohibition of discrimination in workplace.
8. Prohibition of discrimination in trade unions and employer associations.
Sub-Part D – Freedom of Association
9. Employee’s right to freedom of association.
10. Employer’s right to freedom of association.
11. Rights of trade unions and employers’ associations.
Sub-Part E – Access to Health Insurance
12. Access to health Insurance.
PART III
EMPLOYMENT STANDARDS
Sub-Part A– Preliminary
13. Application of this Part.
14. Employment standards.

nsurance
12. Access to health Insurance.
PART III
EMPLOYMENT STANDARDS
Sub-Part A– Preliminary
13. Application of this Part.
14. Employment standards.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.116
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
18. Application of this Sub-Part. 19. Interpretation. 20. Hours of work. 21. Night work. 22. Compressed working week. 23. Averaging hours of work. 24. Break in working day. 25. Daily and weekly rest periods. 26. Public holidays. Sub-Part C – Remuneration
27. Calculation of wage rates. 28. Payment of remuneration. 29. Deductions and other acts concerning remuneration. Sub-Part D – Leave
30. Application of this Sub-Part. 31. Interpretation of this Sub-Part. 32. Annual leave. 33. Sick leave. 34. Maternity leave. 35. Paternity leave and other forms of leave. Sub-Part E–Unfair Termination of Employment
36. Application of this Sub-Part. 37. Interpretation. 38. Unfair termination. 39. Termination based on operational requirements. 40. Proof of unfair termination proceedings. 41. Remedies for unfair termination. Sub-Part F- Other Incidents of Termination
42.

ational requirements. 40. Proof of unfair termination proceedings. 41. Remedies for unfair termination. Sub-Part F- Other Incidents of Termination
42.

Notice of termination. 43. Severance pay. 44. Transport to place of recruitment. 45. Payment on termination and certificates of employment.

Notice of termination. 43. Severance pay. 44. Transport to place of recruitment. 45. Payment on termination and certificates of employment.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.117
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. 49. Process of registration. 50. Effect of registration. 51. Change of name or constitution. 52. Accounts and audit. 53. Duties of registered organisations and federations. 54. Non-compliance with constitution. 55. Amalgamation of registered organisations and federations. 56. Cancellation of registration. 57. Dissolution of trade union or employer’s association. 58. Appeals from decisions of the Registrar. 59. Publication in Gazette. PART V
ORGANISATIONAL RIGHTS
60. Interpretation. 61. Access to employer’s premises. 62. Deduction of trade union dues. 63. Trade union representation. 64. Leave for trade union activities. 65. Procedure for exercising organisational rights. 66. Termination of organisational rights. PART VI
COLLECTIVE BARGAINING
67. Interpretation. 68. Recognition as exclusive bargaining agent of employees. 69.

ermination of organisational rights. PART VI
COLLECTIVE BARGAINING
67. Interpretation. 68. Recognition as exclusive bargaining agent of employees. 69.

Duty to bargain in good faith. 70. Withdrawal of recognition. 71. Obligation to disclose relevant information. 72. Binding nature of collective agreements. 73. Agency shop agreements. 74. Workers’ participation agreements. 75. Disputes concerning collective agreements.

ing nature of collective agreements. 73. Agency shop agreements. 74. Workers’ participation agreements. 75. Disputes concerning collective agreements.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.118
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. 79. Disputes of interest in essential services. 80. Minimum services during strike or lockout. 81. Procedure for engaging in lawful strike. 82. Procedure for engaging in secondary strike. 83. Procedure for engaging in lawful lockout. 84. Nature of protection for lawful strike or lockout. 85. Strikes and lockouts not in compliance with this Part. 86. Protest action. PART VIII
DISPUTE RESOLUTION
Sub-Part A – Mediation
87. Referral of disputes for mediation under this Act. 88. Consequences of not attending mediation hearing. Sub-Part B – Arbitration
89. Resolving disputes by compulsory arbitration. 90. Effect of arbitration award. 91. Correction of arbitration award. 92. Revision of arbitration award. 93. Application of Arbitration Act. 94. Voluntary arbitration. Sub-Part C. Adjudication
95. Jurisdiction of Labour Court.

vision of arbitration award. 93. Application of Arbitration Act. 94. Voluntary arbitration. Sub-Part C. Adjudication
95. Jurisdiction of Labour Court.

Sub-Part D – Dispute Procedures in Collective Agreements
96. Dispute resolution procedures in collective agreements. PART IX
GENERAL PROVISIONS
97. Records to be kept by employers and employees. 98. Service of documents. 99. Regulations. 100. Guidelines and codes of good practice.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.119
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.
SCHEDULES

tions.
102. Confidentiality.
103. Penalties.
104. Inconsistency with written Laws.
105. Repeal and amendment of laws and savings provisions.
SCHEDULES

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.120
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Employment and Labour
Relations Act. 2.–(1) This Act shall apply to all employees including those in
the public service of the Government of Tanzania in Mainland
Tanzania but shall not apply to members, whether temporary
or permanent, in the service of:
(a) the Tanzania Peoples Defence Forces;
(b) the Police Force;
(c) the Prisons Service;
(d) the National Service;
(e) the Fire and Rescue Force; or
(f) the Immigration Services Department. (2) The Minister may, after consultation with the Council
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
Short title
Application
Acts Nos. 8 of 2021 s. 17
9 of 2021 s.

on (1) of this section, by
notice published in the Gazette, determine the categories of
Short title
Application
Acts Nos. 8 of 2021 s. 17
9 of 2021 s.

22
CHAPTER 366
THE EMPLOYMENT AND LABOUR RELATIONS ACT
An Act to make provisions for core labour rights, to establish basic
employment standards, to provide a framework for collective bargaining,
to provide for the prevention and settlement of disputes, and to provide
for related matters. [20th December, 2006]
[GN. No. 1 of 2007]
Acts Nos. 6 of 2004
8 of 2006
21 of 2009
2 of 2010
11 of 2010
17 of 2010
24 of 2015
4 of 2016
8 of 2021
9 of 2021
13 of 2023

2006]
[GN. No. 1 of 2007]
Acts Nos. 6 of 2004
8 of 2006
21 of 2009
2 of 2010
11 of 2010
17 of 2010
24 of 2015
4 of 2016
8 of 2021
9 of 2021
13 of 2023

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.121
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). 3.

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). 3.

The principal objects of this Act shall be-
(a) to promote economic development through economic
efficiency, productivity and social justice;
(b) to provide the legal framework for effective and
fair employment relations and minimum standards
regarding conditions of work;
(c) to provide a framework for voluntary collective
bargaining;
(d) to regulate the resort to industrial action as a means to
resolve disputes;
(e) to provide a framework for the resolution of disputes
by mediation, arbitration and adjudication;
(f) to give effect to the provisions of the Constitution of
the United Republic of Tanzania, 1977 in so far as
they apply to employment and labour relations and
conditions of work; and
(g) generally to give effect to the core Conventions of the
International Labour Organisation as well as other
ratified conventions. 4.

s of work; and
(g) generally to give effect to the core Conventions of the
International Labour Organisation as well as other
ratified conventions. 4.

In this Act, unless the context requires otherwise-
“arbitrator” means an arbitrator appointed under section 19
of the Labour Institutions Act;
“basic wage” means that part of an employee’s remuneration
paid in respect of work done during the hours ordinarily
worked but does not include-
(a) allowances, whether or not based on the employee’s
basic wage;
(b) pay for overtime worked in terms of section 20(5);
Objects
Cap. 2
Interpretation
Act No. 24 of 2015 s. 4
Cap. 300

ed on the employee’s
basic wage;
(b) pay for overtime worked in terms of section 20(5);
Objects
Cap. 2
Interpretation
Act No. 24 of 2015 s. 4
Cap. 300

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.122
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E.

s reserved. No part of this book may be reproduced or distributed without permission of OAG.122
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
that for the employment in hazardous sectors, child
means a person under the age of 18 years;
“collective agreement” means a written agreement concluded
by a registered trade union and an employer or registered
employers’ association on any labour matter;
“Commission” means the Commission for Mediation and
Arbitration established under section 12 of the Labour
Institutions Act;
“complaint” means any dispute arising from the application,
interpretation or implementation of-
(a) an agreement or contract with an employee;
(b) a collective agreement;
(c) this Act or any other written law administered by the
Minister; and
(d) Part VII of the Merchant Shipping Act;
“Council” means the Labour, Economic and Social Council
established under section 3 of the Labour Institutions
Act;
“dispute”-
(a) means any dispute concerning a labour matter between
any employer or registered employers’ association on
the one hand, and any employee or registered trade
union on the other hand; and
(b) includes an alleged dispute;
“dispute of interest” means any dispute except a complaint;
“employee” means an individual who-
(a) has entered into a contract of employment; or
(b) has entered into any other contract under which-
(i) the individual undertakes to work personally for
the other party to the contract; and
Cap.

or
(b) has entered into any other contract under which-
(i) the individual undertakes to work personally for
the other party to the contract; and
Cap.

300
Cap. 165
Cap. 300

300
Cap. 165
Cap. 300

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.123
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E.

s reserved. No part of this book may be reproduced or distributed without permission of OAG.123
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);
“employer” means any person, including the Government
and an executive agency, who employs an employee;
“employers’ association” means any number of employers
associated together for the purpose, whether by itself
or with other purposes, of regulating relations between
employers and their employees or the trade unions
representing those employees;
“employment” means the performance of a contract of
employment by parties to the contract, under employer-
employee relationship;
“Essential Services Committee’’ means the Essential Services
Committee established under section 29 of the Labour
Institutions Act;
“federation” means either an association of trade unions or
an association of employers’ associations;
“Labour Commissioner” means the Labour Commissioner
appointed under section 43(1) of the Labour Institutions
Act;
“Labour Court” means the Labour Division of the High
Court established under section 51 of the Labour
Institutions Act;
“Labour matter” means any matter relating to employment
or labour relations;
“lockout” means a total or partial refusal by one or more
employers to allow their employees to work, if that refusal is
to compel them to accept, modify or abandon any demand
that may form the subject matter of a dispute of interest;
“mediator” means a mediator appointed under section 19 of
the Labour Institutions Act;
“Minister” means the Minister for the time being responsible
for labour;
Cap.

ns a mediator appointed under section 19 of
the Labour Institutions Act;
“Minister” means the Minister for the time being responsible
for labour;
Cap.

300
Cap. 300
Cap. 300
Cap. 300

300
Cap. 300
Cap. 300
Cap. 300

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.124
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E.

s reserved. No part of this book may be reproduced or distributed without permission of OAG.124
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;
“protest action” means a total or partial stoppage of work
by employees for the purpose of promoting or defending
the socio-economic interests of workers but not for a
purpose-
(a) referred to in the definition of strike; or
(b) a dispute in respect of which there is a legal remedy;
“registered organisation” means a registered trade union or
registered employers’ association;
“Registrar” means the Registrar appointed under section
43(2) of the Labour Institutions Act;
“reinstatement” means that the contract of employment
has revived with all its incidents and that the employee
is entitled to all his rights during the period of absence
from actual service;
“remuneration” means the total value of all payments, in
money or in kind, made or owing to an employee arising
from the employment of that employee;
‘’strike’’ means a total or partial stoppage of work by
employees if the stoppage is to compel their employer,
any other employer, or an employers’ association to which
the employer belongs, to accept, modify or abandon any
demand that may form the subject matter of a dispute of
interest;
“specific task” means a task which is occasional or seasonal
and is non-continuous in nature; and
“trade union” means any number of employees associated
together for the purpose, whether by itself or with other
purposes, of regulating relations between employees and
their employers or the employers’ associations to which
the employers belong.

lf or with other
purposes, of regulating relations between employees and
their employers or the employers’ associations to which
the employers belong.

Cap. 300

Cap. 300

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.125
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
PART II
FUNDAMENTAL RIGHTS AND PROTECTIONS
Sub-Part A - Child Labour
5.–(1) A person shall not employ a child under the age of
fourteen years. (2) A child of fourteen years of age may only be employed
to do light work, which is not likely to be harmful to the child’s
health and development; and does not prejudice the child’s
attendance at school, participation in vocational orientation
or training programmes approved by the competent authority
or the child’s capacity to benefit from the instruction received. (3) A child under eighteen years of age shall not be employed
in a mine, factory or as crew on a ship or in any other worksite
including non-formal settings and agriculture, where work
conditions may be considered hazardous by the Minister. (4) For purposes of subsection (3), “ship” includes a vessel
of any description used for navigation.

ions may be considered hazardous by the Minister. (4) For purposes of subsection (3), “ship” includes a vessel
of any description used for navigation.

(5) A person shall not employ a child in employment-
(a) that is inappropriate for a person of that age; and
(b) that places at risk the child’s well-being, education,
physical or mental health, or spiritual, moral or social
development. (6) Notwithstanding the provisions of subsection (3), any
written law regulating the provisions of training may permit a
child under the age of eighteen to work-
(a) on board a training ship as part of the child’s training;
(b) in a factory or a mine if that work is part of the child’s
training; or
(c) in any other worksites on condition that the health,
safety and morals of the child are fully protected and
that the child has received or is receiving adequate
specific instruction or vocational training in the
relevant work or activity. Prohibition of
child labour
Act No. 21 of 2009 s. 172

receiving adequate
specific instruction or vocational training in the
relevant work or activity. Prohibition of
child labour
Act No. 21 of 2009 s. 172

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.126
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
revision and updating of the list of hazardous forms
of work. (8) It is an offence for any person-
(a) to employ a child in contravention of this section; or
(b) to procure a child for employment in contravention of
this section. (9) In any proceedings under this section, if the age of the
child is in issue, the burden of proving that it was reasonable
to believe, after investigation, that the child was not under age
for purposes of this section shall lie on the person employing
or procuring the child for employment.

investigation, that the child was not under age
for purposes of this section shall lie on the person employing
or procuring the child for employment.

(10) Without prejudice to the provisions of this section,
every employer shall ensure that every child lawfully employed
under this Act is protected against discrimination or acts which
may have negative effect on the child taking into consideration
age and evolving capacities. Sub-Part B: Forced Labour
6.–(1) A person who procures, demands or imposes forced
labour, commits an offence. (2) For purposes of this section, forced labour includes
bonded labour or any work exacted from a person under the
threat of a penalty and to which that person has not consented
but does not include-
(a) any work exacted under the National Defence Act, for
work of a purely military character;
(b) any work that forms part of the normal civic obligations
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
Prohibition of
forced labour
Cap. 192

of
a conviction in a court of law, provided that the work
is carried out under the supervision and control of a
Prohibition of
forced labour
Cap. 192

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.127
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
(e) minor communal services performed by the
members of a community in the direct interest of that
community after consultation with them or their direct
representatives on the need for the services. Sub-Part C: Discrimination
7.–(1) Every employer shall ensure that he promotes an
equal opportunity in employment and strives to eliminate
discrimination in any employment policy or practice. (2) An employer shall register, with the Labour
Commissioner, a plan to promote equal opportunity and to
eliminate discrimination in the work place. (3) The Labour Commissioner may require an employer-
(a) to develop a plan prescribed in subsection (2); and
(b) to register the plan with the Commissioner.

e Labour Commissioner may require an employer-
(a) to develop a plan prescribed in subsection (2); and
(b) to register the plan with the Commissioner.

(4) An employer shall not discriminate, directly or indirectly,
against an employee, in any employment policy or practice, on
any of the following grounds:
(a) colour;
(b) nationality;
(c) tribe or place of origin;
(d) race;
(e) national extraction;
(f) social origin;
(g) political opinion or religion;
(h) sex;
(i) gender;
(j) pregnancy;
(k) marital status or family responsibility;
(l) disability;
(m) HIV/Aids;
Prohibition of
discrimination in
work place

sex;
(i) gender;
(j) pregnancy;
(k) marital status or family responsibility;
(l) disability;
(m) HIV/Aids;
Prohibition of
discrimination in
work place

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.128
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). (6) It is not discrimination-
(a) to take affirmative action measures consistent with
the promotion of equality or the elimination of
discrimination in the workplace;
(b) to distinguish, exclude or prefer any person on the basis
of an inherent requirement of a job; or
(c) to employ citizens in accordance with the National
Employment Promotion Services Act. (7) A person who contravenes the provisions of subsections
(4) and (5), commits an offence.

dance with the National
Employment Promotion Services Act. (7) A person who contravenes the provisions of subsections
(4) and (5), commits an offence.

(8) In any proceedings-
(a) where the employee makes out a prima facie case of
discrimination by the employer on any of the grounds
prescribed in subsection (4), it shall be the duty of the
employer to prove-
(i) that the discrimination did not take place as
alleged; or
(ii) that the discriminatory act or omission is not
based on any of those grounds;
(b) employer shall prove a defence in terms of subsection
(6) if the discrimination did take place on a ground
stipulated in subsection (5); or
(c) the Labour Court or arbitrator, as the case may be, shall
take into account any plan registered with the Labour
Commissioner under this section. (9) For purposes of this section-
(a) “employer” includes an employment agency;
(b) “employee” includes an applicant for employment; and
(c) an “employment policy or practice” includes any
policy or practice relating to recruitment procedures,
advertising and selection criteria, appointments
Cap. 243

ment policy or practice” includes any
policy or practice relating to recruitment procedures,
advertising and selection criteria, appointments
Cap. 243

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.129
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,
promotion transfer, demotion, termination of
employment and disciplinary measures. (10) For the avoidance of doubt every employer shall take
positive steps to guarantee equal remuneration for men and
women for work of equal value. 8.–(1) Trade union or employers’ association shall not
discriminate, directly or indirectly, against any of the grounds
prescribed in section 7(4)-
(a) in its admission, representation or termination of
membership;
(b) in any employment policy or practice prescribed in
section 7(9); or
(c) in any collective agreement. (2) A person who contravenes the provisions of subsection
(1), commits an offence.

ice prescribed in
section 7(9); or
(c) in any collective agreement. (2) A person who contravenes the provisions of subsection
(1), commits an offence.

Sub-Part D - Freedom of Association
9.–(1) Every employee shall have the right-
(a) to form and join a trade union; or
(b) to participate in the lawful activities of the trade union. (2) Notwithstanding the provisions of subsection (1)-
(a) a magistrate may only form or join a trade union that
restricts its membership to judicial officers;
(b) a prosecutor may only form or join a trade union that
restricts its membership to prosecutors or other court
officials;
(c) a senior management employee may not belong to a
trade union that represents the non-senior management
employees of the employer. Prohibition of
discrimination
in trade unions
and employer
associations
Employee’s right
to freedom of
association

nagement
employees of the employer. Prohibition of
discrimination
in trade unions
and employer
associations
Employee’s right
to freedom of
association

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.130
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
(c) participates or has participated in the lawful activities
of a trade union. (4) A person shall not discriminate against an official of an
office bearer of a trade union or federation for representing it
or participating in its lawful activities. (5) A person who contravenes the provisions of subsections
(3) and (4), commits an offence. (6) For purposes of this section -
(a) “employee” includes an applicant for employment; and
(b) “senior management employee” means an employee
who, by virtue of that employee’s position-
(i) makes policy on behalf of the employer; and
(ii) is authorised to conclude collective agreements
on behalf of the employer.

t employee’s position-
(i) makes policy on behalf of the employer; and
(ii) is authorised to conclude collective agreements
on behalf of the employer.

10.–(1) Every employer shall have the right-
(a) to form and join an employer’s association; or
(b) to participate in the lawful activities of an employer’s
association. (2) A person shall not discriminate against an employer on
the grounds that the employer-
(a) exercises or has exercised a right under the Act;
(b) belongs or has belonged to an employer’s association;
or
(c) participates or has participated in the lawful activities
of an employer’s association. (3) A person shall not discriminate against an official or
office bearer of an employer’s association or federation for
representing it or participating in its lawful activities. (4) A person who contravenes the provisions of subsections
(2) and (3), commits an offence. Employer’s right
to freedom of
association

ful activities. (4) A person who contravenes the provisions of subsections
(2) and (3), commits an offence. Employer’s right
to freedom of
association

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.131
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
11. Every organisation has the right to-
(a) determine its own constitution;
(b) plan and organise its administration and lawful
activities;
(c) join and form a federation;
(d) participate in the lawful activities of a federation; and
(e) affiliate with, and participate in the affairs of any
international workers’ organisation or international
employers’ organisation or the International Labour
Organisation, and to contribute to, or receive financial
assistance from those organisations. Sub-Part E- Access to health insurance1
12.–(1) Subject to the provisions of the Universal Health
Insurance Act, the employer shall register his employee with a
health insurance scheme. (2) A person who contravenes the provisions of this section
commits an offence. [s.

ployer shall register his employee with a
health insurance scheme. (2) A person who contravenes the provisions of this section
commits an offence. [s.

11A]
PART III
EMPLOYMENT STANDARDS
Sub-Part A - Preliminary
13.–(1) Subject to the provisions of subsection (2), the
provisions of Sub-Parts A to D and F shall not apply to seafarers
whose terms and conditions of employment are regulated
under the Merchant Shipping Act. (2) Notwithstanding the provisions of subsection (1), the
provisions of this Part apply to seafarers who work on fishing
vessels and shall be to the extent that in the event there is any
conflict between the provisions of this Act and the Merchant
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. Rights of trade
unions and
employers’
associations
Access to health
insurance
Act No. 13 of 2023 s.65
Application of
this Part
Cap. 165
Cap. 165

. 65. Rights of trade
unions and
employers’
associations
Access to health
insurance
Act No. 13 of 2023 s.65
Application of
this Part
Cap. 165
Cap. 165

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.132
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]
14.–(1) Provisions of this Act on wage determination that
stipulate a minimum term and condition of employment shall
be an employment standard. (2) An employment standard constitutes a term of a contract
with an employee unless-
(a) a term of the contract contains a term that is more
favourable to the employee;
(b) a provision of an agreement alters the employment
standard to the extent permitted by the provisions of
this Part; or
(c) a provision of any collective agreement, a written
law regulating employment, wage determination
or exemption granted under section 101 alters the
employment standard. [s.

llective agreement, a written
law regulating employment, wage determination
or exemption granted under section 101 alters the
employment standard. [s.

13]
15.–(1) A contract with an employee shall be of the following
types:
(a) a contract for an unspecified period of time;
(b) a contract for a specified period of time for professionals
and managerial cadre; and
(c) a contract for a specific task. (2) A contract with an employee shall be in writing if the
contract provides that the employee is to work within or
outside the United Republic of Tanzania. [s. 14]
16.–(1) Subject to the provisions of section 20(2), an employer
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;
Employment
standards
Contracts with
employees
Act No. 24 of 2015 s. 5
Written statement
of particulars

age, permanent address and sex of the employee;
Employment
standards
Contracts with
employees
Act No. 24 of 2015 s. 5
Written statement
of particulars

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.133
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;
(g) hours of work;
(h) remuneration, the method of its calculation, and details
of any benefits or payments in kind; and
(i) any other prescribed matter. (2) Where all the particulars referred to in subsection (1)
are stated in a written contract and the employer has supplied
the employee with that contract, then the employer may not
furnish the written statement. (3) Where an employee does not understand the written
particulars, the employer shall ensure that they are explained
to the employee in a manner that the employee understands. (4) Where any matter stipulated in subsection (1) changes,
the employer shall, in consultation with the employee, revise
the written particulars to reflect the change and notify the
employee of the change in writing.

loyer shall, in consultation with the employee, revise
the written particulars to reflect the change and notify the
employee of the change in writing.

(5) The employer shall keep the written particulars
prescribed in subsection (1) for a period of five years after the
termination of employment. (6) Where in any legal proceedings, an employer fails to
produce a written contract or the written particulars prescribed
in subsection (1), the burden of proving or disproving an
alleged term of employment stipulated in subsection (1) shall
be on the employer. (7) The provisions of this section shall not apply to an
employee who works less than 6 days in a month for an
employer. [s. 15]
17. Every employer shall display a statement in the prescribed
form of the employee’s rights under this Act in a conspicuous
place. [s. 16]
Informing
employees of
their rights

display a statement in the prescribed
form of the employee’s rights under this Act in a conspicuous
place. [s. 16]
Informing
employees of
their rights

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.134
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Sub-Part B – Hours of work
18.–(1) The provisions of this Sub-Part shall not apply to
employees who manage other employees on behalf of the
employer and who report directly to a senior management
employee specified in section 9(6)(b). (2) The provisions of sections 20(1) and (3), 24(1), 25(1) and
26(1) shall not apply to work in an emergency which cannot be
performed by employees during their ordinary hours of work. [s. 17]
19. For purposes of this Sub-Part-
(a) “day” means a period of 24 hours measured from the
time when the employee normally starts work, and
“daily” has a corresponding meaning;
(b) overtime” means work over and above ordinary hours
of work; and
(c) “week” means a period of seven days measured from
the day the employee normally starts the working week
and “weekly” has a corresponding meaning. [s. 18]
20.–(1) Subject to the provisions of this Sub-Part, an employer
shall not require or permit an employee to work more than 12
hours in any day.

[s. 18]
20.–(1) Subject to the provisions of this Sub-Part, an employer
shall not require or permit an employee to work more than 12
hours in any day.

(2) Subject to this Sub-Part, the maximum number of
ordinary days or hours that an employee may be permitted or
required to work are-
(a) six days in any week;
(b) 45 hours in any week; and
(c) nine hours in any day. (3) Subject to this Sub-Part, an employer shall not require
or permit an employee to work overtime-
(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). Application of
this Sub-Part
Interpretation
Hours of work

may not require an
employee to work more than the 12-hour limit contained in
subsection (1). Application of
this Sub-Part
Interpretation
Hours of work

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.135
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]
21.–(1) In this section, “night” means the hours after twenty
hours and before six hours.

s the employee’s basic wage for any overtime
worked. [s. 19]
21.–(1) In this section, “night” means the hours after twenty
hours and before six hours.

(2) It is prohibited for an employer to require or permit-
(a) pregnant employees to work at night-
(i) two months before the expected date of
confinement; or
(ii) before that date if the employee produces a medical
certificate that she is no longer fit to perform night
work;
(b) mothers to work at night-
(i) for a period of 2 months after the date of birth;
(ii) before that date if the mother requests to work
and produces a medical certificate that her and
the baby’s health shall not be endangered;
(iii) after that date if the mother produces a medical
certificate that she is not yet fit to perform night
work or that the baby’s health does not permit the
employee to work night shift;
(c) children under the age of 18 years;
(d) an employee who is medically certified as unfit to do
night work. (3) An employer shall transfer any employee working night
shift who becomes certified as unfit to do night work unless it
is impracticable. (4) An employer shall pay an employee at least 5% of that
employee’s basic wage for each hour worked at night and if the
hours worked are overtime hours, the 5% shall be calculated
on the employee’s overtime rate.

yee’s basic wage for each hour worked at night and if the
hours worked are overtime hours, the 5% shall be calculated
on the employee’s overtime rate.

(5) For purposes of this section, a medical certificate means
a certificate issued by a registered medical practitioner or any
Night work

(5) For purposes of this section, a medical certificate means
a certificate issued by a registered medical practitioner or any
Night work

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.136
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]
22.–(1) A written agreement shall require or permit an
employee to work up to twelve hours in a day, inclusive of any
meal interval, without receiving overtime pay. (2) An agreement under subsection (1) shall not require or
permit an employee to work-
(a) more than 5 days in a week;
(b) more than 45 hours in a week; or
(c) more than 10 hours overtime in a week. [s. 21]
23.–(1) Notwithstanding the provisions of section 20 or 25,
a collective agreement shall provide for the averaging of the
ordinary and overtime hours of work over an agreed period. (2) A collective agreement in subsection (1) shall not require
or permit an employee to work more than an average of-
(a) 40 ordinary hours of work per week calculated over the
agreed period; or
(b) ten hours overtime per week calculated over the agreed
period.

ge of-
(a) 40 ordinary hours of work per week calculated over the
agreed period; or
(b) ten hours overtime per week calculated over the agreed
period.

(3) A collective agreement prescribed in subsection (1)
shall not permit averaging for a period longer than a year. [s. 22]
24.–(1) Subject to this Part, an employer shall give an employee
who works continuously for more than five hours a break of at
least 60 minutes. (2) An employer may require an employee to work during a
break only if the work cannot be left unattended or cannot be
performed by another employee. (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]
Compressed
working week
Averaging hours
of work
Break in working
day

loyee is required to work,
or to be available for work, during the break. [s. 23]
Compressed
working week
Averaging hours
of work
Break in working
day

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.137
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
25.–(1) An employer shall allow an employee-
(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
ordinary working day of the next week. (2) A daily rest period may be reduced to 8 hours where-
(a) there is a written agreement to that effect; and
(b) the ordinary working hours are interrupted by an
interval of at least three hours; or
(c) the employee lives on the premises of the workplace. (3) A weekly rest period may, by written agreement, provide
for-
(a) a rest period of at least 60 consecutive hours every two
weeks; or
(b) a reduced weekly rest period by 8 hours if the rest
period in the following week is extended equivalently.

0 consecutive hours every two
weeks; or
(b) a reduced weekly rest period by 8 hours if the rest
period in the following week is extended equivalently.

(4) An employee may only work during the weekly rest
period referred to in subsection (1) where the employee has
agreed to do so and provided that the employer shall pay the
employee double the employee’s hourly basic wage for each
hour worked during the period. [s. 24]
26. Where an employee works on a public holiday specified in
the Public Holidays Act, the employer shall pay the employee
double the employee’s basic wage for each hour worked on
that day. [s. 25]
Sub-Part C - Remuneration
27.–(1) The provisions of this section apply, when, for any
purpose of this Act, it is necessary to determine the applicable
hourly, daily, weekly or monthly rate of pay. Daily and weekly
rest periods
Public holidays
Cap. 35
Calculation of
wage rates

determine the applicable
hourly, daily, weekly or monthly rate of pay. Daily and weekly
rest periods
Public holidays
Cap. 35
Calculation of
wage rates

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.138
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
of this section, to be paid on a weekly basis and that employee’s
basic weekly wage shall be calculated on the amount earned-
(a) over the immediately proceeding 13 weeks; or
(b) where the employee has been in employment for less
than 13 weeks, that period. [s. 26]
28.–(1) An employer shall pay to an employee any monetary
remuneration to which the employee is entitled-
(a) during working hours at the place of work on the
agreed pay day;
(b) in cash, unless the employee agrees otherwise, in which
case the payment shall be made either by-
(i) cheque payable to the employee; or
(ii) direct deposit into an account designated by the
employee in writing; and
(c) in a sealed envelope, if the payment is made in cash or
by cheque.

(ii) direct deposit into an account designated by the
employee in writing; and
(c) in a sealed envelope, if the payment is made in cash or
by cheque.

(2) Each payment prescribed in subsection (1) shall
be supported by a written statement of particulars in the
prescribed from which-
(a) shall accompany the payment if the payment is in cash
or by cheque; or
(b) shall be given to the employee in a sealed envelope if
the payment is by direct deposit. (3) Remuneration shall be due and payable at the end of
contract period provided the employer may pay an advance
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. Payment of
remuneration

st once on completion of half the contract
period; such advance shall not be considered a loan and shall
not attract interest. Payment of
remuneration

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.139
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
is customary or desirable, and any such allowance in kind shall
be for the personal use of the employee and his or her family,
and the value attributed to such allowance shall be fair and
reasonable. (5) An employer who contravenes the provisions of this
section, commits an offence. [s. 27]
29.–(1) An employer shall not make any deduction from an
employee’s remuneration unless-
(a) the deduction is required or permitted under a written
law, collective agreement, wage determination, court
order or arbitration award; or
(b) subject to subsection (2), the employee in writing
agrees to the deduction in respect of a debt.

termination, court
order or arbitration award; or
(b) subject to subsection (2), the employee in writing
agrees to the deduction in respect of a debt.

(2) A deduction under subsection (1)(b) may be made to
reimburse an employer for loss or damage only where-
(a) the loss or damage occurred in the course of
employment and was due to the fault of the employee;
(b) the employer has submitted to the employee, in writing,
the cause, the amount and calculation of the debt;
(c) the employer has given the employee a reasonable
opportunity to challenge the cause, amount or
calculation;
(d) the total amount of the debt does not exceed the actual
amount of the loss or damage; or
(e) the total deductions from the employee’s remuneration
under this subsection do not exceed one quarter of the
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. Deductions
and other acts
concerning
remuneration

s or services purchased by the employee
shall specify the cause, amount and calculation of the debt. Deductions
and other acts
concerning
remuneration

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.140
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. (5) An employer shall not require or permit an employee to-
(a) repay any remuneration except for overpayments
previously made by the employer resulting from an
error in calculating the employee’s remuneration; or
(b) acknowledge receipt of an amount greater than the
remuneration actually received. (6) Notwithstanding the provisions of any other law on
bankruptcy or winding up of an employer’s business, the claim
of an employee or those claiming on behalf of the employee of
any remuneration to which the employee is entitled under this
Act, shall be the claim that which have accrued in respect of
the twenty six weeks immediately preceding the date on which
the declaration of bankruptcy or winding up is made.

hat which have accrued in respect of
the twenty six weeks immediately preceding the date on which
the declaration of bankruptcy or winding up is made.

(7) Any person who contravenes the provisions of this
section, commits an offence. [s. 28]
Sub-Part D - Leave
30.–(1) Subject to the provisions of subsection (2), an employee
with less than six months service shall not be entitled to paid
leave under the provisions of this Part. (2) Notwithstanding the provisions of subsection (1)-
(a) an employee employed on a seasonal basis is entitled to
paid leave under the provisions of this Part;
(b) an employee, with less than six months service and
who has worked more than once in a year for the same
employer, shall be entitled to paid leave under the
provisions of this Part where the total period worked
for that employer exceeds six months in that year. [s. 29]
Application of
this Sub-Part

nder the
provisions of this Part where the total period worked
for that employer exceeds six months in that year. [s. 29]
Application of
this Sub-Part

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.141
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
31.–(1) For purposes of 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
following:
(aa) subject to subsection (2), an employee’s
commencement of employment; or
(bb) the completion of the last 12 months leave
cycle; and
(ii) in respect of all other forms of leave conferred
under this Sub-Part, a period of 36 months’
consecutive employment with an employer
following-
(aa) subject to subsection (2), an employee’s
commencement of employment; or
(bb) the completion of the last 36 months leave
cycle; and
(c) “paid leave” means any leave paid under this Part and
calculated on an employee’s basic wage. (2) Notwithstanding the provisions of subsection (1)(b)(i)
(aa) and (ii)(aa), an employer and employee may agree to a
standard leave cycle provided that an employee’s entitlement
to paid leave under this Sub-Part is not prejudiced. [s.

oyer and employee may agree to a
standard leave cycle provided that an employee’s entitlement
to paid leave under this Sub-Part is not prejudiced. [s.

30]
32.–(1) An employer shall grant an employee at least 28
consecutive days’ leave in respect of each leave cycle, and such
leave shall be inclusive of any public holiday that may fall
within the period of leave. (2) The number of days referred to in subsection (1) may be
reduced by the number of days during the leave cycle which,
at the request of the employee, the employer granted that
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
Interpretation in
this Sub-Part
Annual leave
Act No. 24 of 2015 s. 6

at it is taken no later than-
(a) six months after the end of the leave cycle; or
Interpretation in
this Sub-Part
Annual leave
Act No. 24 of 2015 s. 6

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.142
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
the employee would have been paid had the employee worked
during the period of leave before the commencement of
the leave. (5) An employer shall not require or permit an employee to
take annual leave in place of any leave to which the employee
is entitled under this Part. (6) With the consent of an employee, the employer may
require or permit such employee to work for the employer
during a period of annual leave on condition that such
employee shall not work for a continuous period of two years. (7) Subject to subsections (6) and (8) an employer shall pay
the employee one month salary in lieu of annual leave to which
that employee is entitled or was called upon to work.

(6) and (8) an employer shall pay
the employee one month salary in lieu of annual leave to which
that employee is entitled or was called upon to work.

(8) An employer shall pay an employee a pro rata amount
for annual leave accrued-
(a) subject to the provisions of subsection (9), at the
termination of employment; or
(b) at the expiry of each season in respect of an employee
employed on a seasonal basis. (9) An employee is not entitled to be paid any pro rata
amount for accrued annual leave where the employee has
not taken the leave within the periods and circumstances
prescribed in subsection (3). (10) The pro rata amount of annual leave referred to in
subsection (8) shall be calculated at the rate of one day’s basic
wage for every 13 days the employee worked or was entitled
to work. [s. 31]

ed to in
subsection (8) shall be calculated at the rate of one day’s basic
wage for every 13 days the employee worked or was entitled
to work. [s. 31]

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.143
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
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
(b) the second 63 days shall be paid half wages. (3) Notwithstanding the provisions of subsection (2), an
employer shall not be required to pay an employee for sick
leave where-
(a) the employee fails to produce a medical certificate; or
(b) the employee is entitled to paid sick leave under any
law, fund or collective agreement. (4) For purposes of this section, “medical certificate “means
a certificate issued by a registered medical practitioner or any
other medical practitioner accepted by the employer, which
acceptance may not be unreasonably withheld. [s. 32]
34.–(1) An employee shall give notice to the employer of her
intention to take maternity leave at least 3 months before the
expected date of birth and such notice shall be supported by a
medical certificate.

her
intention to take maternity leave at least 3 months before the
expected date of birth and such notice shall be supported by a
medical certificate.

(2) An employee may commence maternity leave-
(a) at any time from four weeks before the expected date of
confinement; or
(b) on an earlier date if a medical practitioner certifies that
it is necessary for the employee’s health or that of her
unborn child. (3) An employee shall not work within six weeks of the
birth of her child unless a medical practitioner certifies that
she is fit to do so. (4) Subject to the provisions of subsections (2) and (3), the
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. Sick leave
Maternity leave

employee or an employee who is nursing a child to perform
work that is hazardous to her health or the health of her child. Sick leave
Maternity leave

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.144
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. (7) Notwithstanding the provisions of subsection (6)(a), an
employee is entitled to an additional 84 days paid maternity
leave within the leave cycle if the child dies within a year of
birth. (8) An employer is only obliged to grant paid leave for 4
terms of maternity leave to an employee in terms of this section. (9) Where an employee performs work that is hazardous
to her health or that of her child, her employer shall offer her
suitable alternative employment, where practicable, on terms
and conditions that are no less favourable than her terms and
conditions. (10) Where an employee is breast-feeding a child, the
employer shall allow the employee to feed the child during
working hours up to a maximum of two hours per day.

employee is breast-feeding a child, the
employer shall allow the employee to feed the child during
working hours up to a maximum of two hours per day.

(11) For purposes of this section, “medical certificate”
means a certificate issued by a registered medical practitioner,
including a midwife, or any other medical practitioner accepted
by the employer, which acceptance may not be unreasonably
withheld. [s. 33]
35.–(1) During any leave cycle, an employee shall be entitled to-
(a) at least 3 days paid paternity leave where-
(i) the leave is taken within 7 days of the birth of a
child; and
(ii) the employee is the father of the child; and
(b) at least 4 days paid leave for any of the following
reasons:
(i) the sickness or death of the employee’s child; or
(ii) the death of the employee’s spouse, parent,
grandparent, grandchild or sibling. Paternity and
other forms of
leave

th of the employee’s child; or
(ii) the death of the employee’s spouse, parent,
grandparent, grandchild or sibling. Paternity and
other forms of
leave

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.145
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
number of days to which the employee is entitled
irrespective of how many of the employee’s children are
born within the leave cycle;
(b) the 4 days referred to in subsection (1)(b) are the total
number of days to which the employee is entitled
irrespective of how many of the events prescribed in
that paragraph occur within the leave cycle, but the
employee may take more days as may be authorised by
the employer for the event and other subsequent events
within the same leave cycle provided that such extra
days will be without pay. [s. 34]
Sub-Part E - Unfair termination of employment
36. The provisions of this Sub-Part shall not apply to an
employee with less than 6 months’ employment with the same
employer, whether under one or more contracts. [s. 35]
37.

s Sub-Part shall not apply to an
employee with less than 6 months’ employment with the same
employer, whether under one or more contracts. [s. 35]
37.

For purposes of this Sub-Part-
(a) “termination of employment” includes-
(i) a lawful termination of employment under the
common law;
(ii) a termination by an employee because the employer
made continued employment intolerable for the
employee;
(iii) a failure to renew a fixed term contract on the
same or similar terms if there was a reasonable
expectation of renewal;
Application of
this Sub-Part
Interpretation

renew a fixed term contract on the
same or similar terms if there was a reasonable
expectation of renewal;
Application of
this Sub-Part
Interpretation

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.146
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
number of employees for the same or similar
reasons and has offered to re-employ one or more
of them; and
(b) “terminate employment” has a meaning corresponding
to “termination of employment”. [s. 36]
38.–(1) It shall be unlawful for an employer to terminate the
employment of an employee unfairly. (2) A termination of employment by an employer is unfair
if the employer fails to prove-
(a) that the reason for the termination is valid;
(b) that the reason is a fair reason-
(i) related to the employee’s conduct, capacity or
compatibility; or
(ii) based on the operational requirements of the
employer, and
(c) that the employment was terminated in accordance
with a fair procedure.

bility; or
(ii) based on the operational requirements of the
employer, and
(c) that the employment was terminated in accordance
with a fair procedure.

(3) It shall not be a fair reason to terminate the employment
of an employee -
(a) for the reason that the employee -
(i) discloses information that the employee is entitled
or required to disclose to another person under
this Act or any other law;
(ii) fails or refuses to do anything that an employer
may not lawfully permit or require the employee
to do;
(iii) exercises any right conferred by agreement, this
Act or any other law;
(iv) belongs, or belonged, to any trade union; or
Unfair
termination

do;
(iii) exercises any right conferred by agreement, this
Act or any other law;
(iv) belongs, or belonged, to any trade union; or
Unfair
termination

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.147
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
(iii) that constitute discrimination under this Act. (4) In deciding whether a termination by an employer is fair,
an employer, arbitrator or Labour Court shall take into account
any Code of Good Practice published under section 100. (5) A disciplinary action in form of penalty, termination or
dismissal shall not lie upon an employee who has been charged
with a criminal offence which is substantially the same until
final determination by the Court and any appeal thereto. [s.

ployee who has been charged
with a criminal offence which is substantially the same until
final determination by the Court and any appeal thereto. [s.

37]
39.–(1) In any termination for operational requirements
(retrenchment), the employer shall comply with the following
principles, that is to say, he shall-
(a) give notice of any intention to retrench as soon as it is
contemplated;
(b) disclose all relevant information on the intended
retrenchment for the purpose of proper consultation;
(c) consult prior to retrenchment or redundancy on-
(i) the reasons for the intended retrenchment;
(ii) any measures to avoid or minimise the intended
retrenchment;
(iii) the method of selection of the employees to be
retrenched;
(iv) the timing of the retrenchment; and
(v) severance pay in respect of the retrenchments;
and
(d) give the notice, make the disclosure and consult, in
terms of this subsection, with-
(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;
Termination
based on
operational
requirements
Acts Nos. 17 of 2010 s. 8
24 of 2015 s. 7

in the
workplace not represented by a recognised trade
union;
Termination
based on
operational
requirements
Acts Nos. 17 of 2010 s. 8
24 of 2015 s. 7

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.148
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. (3) Where the mediation has failed, the dispute shall be
referred for arbitration which shall be concluded within thirty
days during which period no retrenchment shall take effect
and, where the employees are dissatisfied with the award and
are desirous to proceed with revision to the Labour Court
under section 92(2), the employer may proceed with their
retrenchment. [s. 38]
40. In any proceedings concerning unfair termination of an
employee by an employer, the employer shall prove that the
termination is fair. [s.

[s. 38]
40. In any proceedings concerning unfair termination of an
employee by an employer, the employer shall prove that the
termination is fair. [s.

39]
41.–(1) Where an arbitrator or Labour Court finds a
termination is unfair, the arbitrator or Court may order the
employer-
(a) to reinstate the employee from the date the employee
was terminated without loss of remuneration during
the period that the employee was absent from work due
to the unfair termination;
(b) to re-engage the employee on any terms that the
arbitrator or Court may decide; or
(c) to pay compensation to the employee of not less than
twelve months remuneration. (2) An order for compensation made under this section
shall be in addition to, and not a substitute for, any other
amount to which the employee may be entitled in terms of any
law or agreement. (3) Where an order of reinstatement or re-engagement is
made by an arbitrator or Court and the employer decides not
Proof of unfair
termination
proceedings
Remedies
for unfair
termination

r re-engagement is
made by an arbitrator or Court and the employer decides not
Proof of unfair
termination
proceedings
Remedies
for unfair
termination

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.149
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]
Sub-Part F– Other incidents of Termination
42.–(1) Where a contract of employment can be terminated on
notice, the period of notice shall not be less than-
(a) seven days, where notice is given in the first month of
employment; and
(b) after that-
(i) 4 days, where the employee is employed on a daily
or weekly basis; or
(ii) 28 days, where the employee is employed on a
monthly basis. (2) An agreement may provide for a notice period that is
longer than that required in subsection (1) provided that, the
agreed notice period is of equal duration for both the employer
and the employee. (3) Notice of termination shall be in writing, stating-
(i) the reasons for termination; and
(ii) the date on which the notice is given.

the employee. (3) Notice of termination shall be in writing, stating-
(i) the reasons for termination; and
(ii) the date on which the notice is given.

(4) Notice of termination shall not be given-
(a) during any period of leave taken under this Act; or
(b) to run, concurrently with any such period of leave. (5) Instead of giving an employee notice of termination,
an employer may pay the employee the remuneration that the
employee would have received if the employee had worked
during the notice period. (6) Where an employee refuses to work during the notice
period, an employer may deduct, from any money due to that
employee on termination, the amount that would have been
due to the employee if that employee had worked during the
notice period. Notice of
termination

ployee on termination, the amount that would have been
due to the employee if that employee had worked during the
notice period. Notice of
termination

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.150
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
without notice for any cause recognised by law. [s. 41]
43.–(1) For purposes of this section, “severance pay” means an
amount at least equal to 7 days’ basic wage for each completed
year of continuous service with that employer up to a maximum
of ten years. (2) An employer shall pay severance pay on termination of
employment where-
(a) the employee has completed 12 months continuous
service with an employer; and
(b) subject to the provisions of subsection (3), the employer
terminates the employment.

completed 12 months continuous
service with an employer; and
(b) subject to the provisions of subsection (3), the employer
terminates the employment.

(3) The provisions of subsection (2) shall not apply-
(a) to a fair termination on grounds of misconduct;
(b) to an employee who is terminated on grounds of
capacity, compatibility or operational requirements of
the employer but who unreasonably refuses to accept
alternative employment with that employer or any
other employer; or
(c) to an employee who attains the age of retirement or
an employee whose contract of service has expired or
ended by reason of time. (4) The payment of severance pay under this section shall
not affect an employee’s right to any other amount payable
under this or any other written law. [s. 42]
Severance pay
Act No. 2 of 2010 s. 13

on shall
not affect an employee’s right to any other amount payable
under this or any other written law. [s. 42]
Severance pay
Act No. 2 of 2010 s. 13

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.151
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
44.–(1) Where an employee’s contract of employment is
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;
(b) pay for the transportation of the employee to the place
of recruitment; or
(c) pay the employee an allowance for transportation to
the place of recruitment in accordance with subsection
(2) and daily subsistence expenses during the period,
if any, between the date of termination of the contract
and the date of transporting the employee and his
family to the place of recruitment. (2) An allowance prescribed under subsection (1)(c) shall
be equal to at least a bus fare to the bus station nearest to the
place of recruitment. (3) For purposes of this section, “recruit” means the
solicitation of any employee for employment by the employer
or the employer’s agent. [s.

itment. (3) For purposes of this section, “recruit” means the
solicitation of any employee for employment by the employer
or the employer’s agent. [s.

43]
45.–(1) On termination of employment, an employer shall pay
an employee-
(a) any remuneration for work done before the termination;
(b) any annual leave pay due to an employee under section
32 for leave that the employee has not taken;
(c) any annual leave pay accrued during any incomplete
leave cycle determined in accordance with section
32(1);
(d) any notice pay due under section 42(5);
(e) any severance pay due under section 43; and
(f) any transport allowance that may be due under
section 44. (2) On termination, the employer shall issue to an employee
a prescribed certificate of service. [s. 44]
Transport to place
of recruitment
Payment of
termination and
certificates of
employment

ue to an employee
a prescribed certificate of service. [s. 44]
Transport to place
of recruitment
Payment of
termination and
certificates of
employment

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.152
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
PART IV
TRADE UNIONS, EMPLOYERS
ASSOCIATIONS AND FEDERATIONS
46.–(1) A trade union or employers’ association shall register
itself under this Part within 6 months of its establishment. (2) A federation may register if it meets the requirements
for registration of a federation in terms of section 47(3). (3) It is an offence for a trade union or employer’s association
to operate as a union or association-
(a) after 6 months have expired of its establishment if it has
not applied for registration under this Part; or
(b) unless it is registered under this Part. [s.

6 months have expired of its establishment if it has
not applied for registration under this Part; or
(b) unless it is registered under this Part. [s.

45]
47.–(1) The requirements for registration as a trade union are-
(a) it is a bonafide trade union;
(b) it is an association not for gain;
(c) it is independent of any employer or employer’s
association;
(d) it has been established at a meeting of at least 20
employees;
(e) it has adopted a constitution and rules that comply
with provisions of section 48;
(f) it has adopted a name that does not resemble the name
of another union so as to mislead or create confusion;
and
(g) it has an address in the United Republic of Tanzania. (2) The requirements for registration as an employers’
association are-
(a) it is a bona fide employers association;
(b) it is an association not for gain;
(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;
Obligation to
register
Requirements for
registration

employers;
(d) it has adopted a constitution and rules that comply
with provisions of section 48;
Obligation to
register
Requirements for
registration

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.153
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-
(a) it is a bona fide federation;
(b) it is a federation not for gain;
(c) it has been established at a meeting of at least five
registered organisations of the same kind;
(d) it has adopted a constitution and rules that comply
with section 48;
(e) it has adopted a name that does not resemble the name
of another organisation or federation so as to mislead
or create confusion;
(f) it comprises registered organisations only; and
(g) it has an address in the United Republic of Tanzania. [s.

o as to mislead
or create confusion;
(f) it comprises registered organisations only; and
(g) it has an address in the United Republic of Tanzania. [s.

46]
48.–(1) The constitution and rules of a trade union, employers’
association or federation shall-
(a) state that it is an organisation not for gain;
(b) prescribe the qualifications for membership and the
grounds and procedure for termination of membership;
(c) prescribe the membership fee or any method of
determining the fee;
(d) prescribe rules for the convening and conduct of
meetings, including the quorum required, and the
minutes to be kept of, those meetings;
(e) establish the manner in which decisions are made;
(f) establish the office of secretary and define its functions;
(g) provide for office bearers, officials and define their
respective functions;
(h) prescribe a procedure for the nomination and election
of office bearers;
(i) prescribe a procedure for the appointment or
nomination or election of officials;
Constitutional
requirements

tion and election
of office bearers;
(i) prescribe a procedure for the appointment or
nomination or election of officials;
Constitutional
requirements

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.154
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E.

s reserved. No part of this book may be reproduced or distributed without permission of OAG.154
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;
(l) provide for the conduct of a ballot of the members in
respect of whom-
(i) in the case of a trade union, the union may call
upon to strike;
(ii) in the case of an employers’ association, the
association may call upon to lock out; and
(iii) in the case of a federation of trade unions, the
federation may call upon to engage in protest action;
(m) provide for banking and investing of money;
(n) establish purposes for which its money may be used;
(o) provide for acquiring and controlling of property;
(p) prescribe a procedure for the amendment of the
constitution and rules;
(q) prescribe a procedure for affiliation, or amalgamation-
(i) in the case of trade unions, with other registered
unions;
(ii) in the case of employer’s associations, with other
registered associations; and
(iii) in the case of federations, with other federations;
(r) prescribe a procedure for affiliation to an international
workers’ association or an international employers’
association;
(s) prescribe a procedure to dissolve the organisation or
federation; and
(t) any other prescribed matter.

or an international employers’
association;
(s) prescribe a procedure to dissolve the organisation or
federation; and
(t) any other prescribed matter.

(2) A constitution or rules of a registered organisation shall
not-
(a) conflict with-
(i) the basic rights and duties set out in Part III of the
Constitution of the United Republic of Tanzania,
1977; and
Cap. 2

l
not-
(a) conflict with-
(i) the basic rights and duties set out in Part III of the
Constitution of the United Republic of Tanzania,
1977; and
Cap. 2

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.155
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]
49.–(1) An organisation or federation may apply for registration,
by submitting to the Registrar-
(a) a prescribed form that has been properly completed
and signed by the secretary of the organisation or
federation;
(b) a certified copy of the attendance register and minutes
of its establishment meeting prescribed in section 47(1)
(d), (2)(c) or (3)(c); and
(c) a certified copy of its constitution and rules. (2) Notwithstanding the provisions of subsection (1), the
Registrar may require further information in support of the
application. (3) Where the Registrar is satisfied that the organisation or
federation has complied with the requirements of sections 47
and 48, he shall register the organisation or federation.

isfied that the organisation or
federation has complied with the requirements of sections 47
and 48, he shall register the organisation or federation.

(4) Where the Registrar is not satisfied that the organisation
or federation complies with the requirements of sections 47
and 48, he-
(a) may give the applicant an opportunity to rectify its
application within a stipulated period; and
(b) may refuse the application and send the applicant a
written notice of the decision and the reasons. (5) After registering an organisation or federation, the
Registrar shall-
(a) enter the name of the organisation or federation in the
appropriate Register; and
(b) issue a certificate of registration to the organisation or
federation. [s. 48]
Process of
registration

federation in the
appropriate Register; and
(b) issue a certificate of registration to the organisation or
federation. [s. 48]
Process of
registration

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.156
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
50.–(1) On registration, an organisation or federation shall be
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;
(ii) contract; and
(iii) hold, purchase or otherwise acquire and dispose
of movable or immovable property. (2) A registered organisation or federation shall not be an
association in restraint of trade. (3) The fact that a person is a member of a registered
organisation or federation shall not make that person liable for
any of the obligations or liabilities of the union or organisation. (4) A member, office bearer, official of a registered
organisation or federation shall not be personally liable for any
loss suffered by any person as a result of an act performed or
omitted in good faith while performing their functions for or
on behalf of the organisation or federation.

y person as a result of an act performed or
omitted in good faith while performing their functions for or
on behalf of the organisation or federation.

(5) A duly issued certificate of registration is sufficient proof
that a registered organisation or federation is a body corporate. (6) For purposes of this section, “office bearer” in relation to
a trade union includes a trade union representative prescribed
in section 63. [s. 49]
51.–(1) A change of name or change to the constitution and
rules of a registered organisation or federation shall have
effect only when the Registrar approves the change under this
section. (2) A registered organisation or federation may apply for
the approval of a change of name or to its constitution and
rules by submitting to the Registrar-
(a) the prescribed form duly completed and signed by the
Secretary;
(b) a copy of the resolution containing the wording of the
change; and
Effect of
registration
Change of name
or constitution

signed by the
Secretary;
(b) a copy of the resolution containing the wording of the
change; and
Effect of
registration
Change of name
or constitution

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.157
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
application. (4) The Registrar shall-
(a) consider the application and any further information
supplied by the applicant;
(b) where satisfied that the change to the constitution and
rules complies with the requirements prescribed in
sections 47 and 48, approve the change by issuing the
prescribed certificate approving the change; or
(c) where satisfied that the change of name does not
resemble the name of another union so as to mislead or
create confusion, approve the change by issuing a new
certificate of registration reflecting the new name. (5) Where the Registrar refuses to approve a change, he shall
give written notice of that decision and the reasons for the refusal. [s.

the new name. (5) Where the Registrar refuses to approve a change, he shall
give written notice of that decision and the reasons for the refusal. [s.

50]
52.–(1) Every registered organisation and federation shall,
to the standards of generally accepted accounting practice,
principles and procedures-
(a) keep books and records of its income, expenditure,
assets and liabilities;
(b) for each financial year ending on 31st December,
prepare financial statements in the prescribed form;
(c) arrange an annual audit of its books and records of
accounts and its financial statements by a registered
auditor; and
(d) by 31st March of the following year, submit the financial
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. Accounts and
audit

of members or their representatives as
provided for in the constitution of the organisation
or federation; and
(ii) the Registrar. Accounts and
audit

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.158
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]
53.–(1) In addition to the records required by section 52, every
registered organisation or federation shall keep for five years-
(a) a list of its members in the prescribed form;
(b) the minutes of its meetings; and
(c) the ballot papers.

or federation shall keep for five years-
(a) a list of its members in the prescribed form;
(b) the minutes of its meetings; and
(c) the ballot papers.

(2) Every registered organisation or federation shall provide
to the Registrar-
(a) by 31st March of the following year, an annual statement
certified by the Secretary showing the total number of
members as of 31st December of the previous year;
(b) within 30 days of a request from the Registrar, a written
explanation of anything relating to the statement
of membership, the auditor’s report or the financial
statements:
Provided that, the Registrar shall not inquire into the
financial affairs of any organisation unless there are serious
grounds for believing that the organisation has infringed the
law or that the funds of the organisation have been embezzled
or otherwise misused;
(c) within 30 days of any appointment or election of its
national office bearers, the names and work addresses
of those office bearers; and
(d) 30 days before a new address for service of documents
will take effect, notice of that change of address. [s.

dresses
of those office bearers; and
(d) 30 days before a new address for service of documents
will take effect, notice of that change of address. [s.

52]
54.–(1) Where a federation or registered organisation fails to
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;
Duties of
registered
organisations and
federations
Non-compliance
with constitution

including-
(a) setting aside any decision, agreement or election;
Duties of
registered
organisations and
federations
Non-compliance
with constitution

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.159
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
compliance with the constitution. (2) Before the Labour Court hears an application prescribed
in subsection (1), it shall satisfy itself that-
(a) the organisation’s or federation’s internal procedures
have been exhausted; or
(b) it is in the best interests of the organisation or federation
that the application be heard notwithstanding that any
internal procedures have not been exhausted. [s. 53]
55.–(1) A registered-
(a) trade union may resolve to amalgamate with one or
more registered trade unions;
(b) employer’s association may resolve to amalgamate with
one or more registered employer’s associations; and
(c) federation may resolve to amalgamate with one or
more federations to form a confederation.

ith
one or more registered employer’s associations; and
(c) federation may resolve to amalgamate with one or
more federations to form a confederation.

(2) The amalgamating organisations or federations may
apply to the Registrar for registration of the amalgamated
organisation or federation and the provisions of section 49,
relating to registration process shall mutatis mutandis apply in
relation to the application. (3) After the Registrar has registered the amalgamated
organisation or federation, he shall cancel the registration
of each of the amalgamating organisations or federations by
removing their names from the appropriate Register. (4) The registration of an amalgamated organisation or
federation shall become effective from the date the Registrar
enters its name in the appropriate Register. Amalgamation
of registered
organisations and
federations

all become effective from the date the Registrar
enters its name in the appropriate Register. Amalgamation
of registered
organisations and
federations

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.160
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
or federation; and
(b) the amalgamated organisation or federation shall
succeed the amalgamating organisations or federations
in respect of-
(i) any right that the amalgamating organisations or
federations enjoyed;
(ii) any fund established under this Act or any other law;
(iii) any collective agreement or other agreement; and
(iv) any written authorisation by a member for the
periodic deduction of levies or subscriptions due
to the amalgamating organisations. [s. 54]
56.–(1) The Registrar may apply to the Labour Court for an
order to cancel the registration of a registered organisation or
federation if that organisation or federation fails to comply
with-
(a) the requirements for registration; or
(b) the provisions of this Part.

tion or
federation if that organisation or federation fails to comply
with-
(a) the requirements for registration; or
(b) the provisions of this Part.

(2) Where the Labour Court may make any appropriate
order including-
(a) cancelling the registration of an organisation or
federation; and
(b) giving the organisation or federation an opportunity to
remedy any failure to comply. (3) Where the registration of an organisation or federation
is cancelled-
(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]
Cancellation of
registration

cease; and
(b) the organisation or federation shall be dissolved in
accordance with the provisions of section 57. [s. 55]
Cancellation of
registration

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.161
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
57.–(1) The Registrar may apply to the Labour Court for the
dissolution of any organisation that contravenes the provisions
of section 46. (2) An organisation or federation may apply to the Labour
Court for its dissolution. (3) Where the Labour Court makes an order for cancelling
the registration of an organisation or federation under
section 56(2), it may in addition make an order dissolving the
organisation or federation. (4) In accordance with the laws relating to bankruptcy,
any interested person may apply to the Labour Court for
dissolution of a registered organisation or federation on any
ground of bankruptcy. (5) The laws of bankruptcy, shall apply to an application
prescribed in subsection (3) and any reference to a court in
those laws shall be interpreted as referring to the Labour Court.

apply to an application
prescribed in subsection (3) and any reference to a court in
those laws shall be interpreted as referring to the Labour Court.

(6) In granting an order of dissolution under this section,
the Labour Court may-
(a) appoint any suitable person as a liquidator on any
appropriate conditions; and
(b) decide where any residue of assets shall vest if the
constitution and rules fail to do so. [s. 56]
58. A person who is aggrieved by a decision of the Registrar
made under this Part may appeal to the Labour Court against
that decision. [s. 57]
59.–(1) The Registrar shall publish a notice in the Gazette
stating the following facts, that:
(a) an organisation or federation has been registered;
(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
Dissolution of
trade union
or employers
association
Appeals from
decisions of
Registrar
Publication in
Gazette

or federation has been
registered; and
Dissolution of
trade union
or employers
association
Appeals from
decisions of
Registrar
Publication in
Gazette

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.162
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
constitution of that organisation or federation at the Registrar’s
office. [s. 58]
PART V
ORGANISATIONAL RIGHTS
60. For purposes of this Part-
“authorised representative” means an office bearer or official
of a trade union or any other person authorised to
represent the trade union;
“employer’s premises” includes any premises under the
control of the employer where work is done or the
employees are accommodated;
“labour laws” includes this Act and any other law relating to
labour matters;
“registered trade union” includes two or more trade unions
acting jointly; and
“representative trade union” means a registered trade union
that is the most representative trade union. [s.

or more trade unions
acting jointly; and
“representative trade union” means a registered trade union
that is the most representative trade union. [s.

59]
61.–(1) An authorised representative of a registered trade
union shall be entitled to enter the employer’s premises in
order to-
(a) recruit members;
(b) communicate with members;
(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. Interpretation
Access to
employer’s
premises

(d) hold meetings of employees on the premises; and
(e) vote in any ballot under the union constitution. Interpretation
Access to
employer’s
premises

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.163
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. (4) The rights under this section shall be subject to any
conditions as to time and place that are reasonable and
necessary to safeguard life or property or to prevent undue
disruption of work. [s. 60]
62.–(1) An employer shall deduct dues of a registered trade
union from an employee’s wages where that employee has
authorised the employer to do so in the prescribed form. (2) The employer shall remit the deductions to the trade
union within seven days after the end of the month in which
the deductions are made.

ed form. (2) The employer shall remit the deductions to the trade
union within seven days after the end of the month in which
the deductions are made.

(3) Where the employer fails to remit the union dues
within the time specified in subsection (2), without reasonable
grounds, the employer shall be liable to pay the union the
equivalent of five percent of the total amount due for each day
the dues remain un-remitted. (4) An employee may revoke an authorisation by giving one
month’s written notice to the employer and the trade union. (5) Where an employee revokes any authorisation under
subsection (3), the employer shall cease to make any deductions
after the expiry of the notice. (6) With each monthly remittance, the employer shall give
a registered trade union-
(a) a list in the prescribed form of the names of the
members in respect of whom deductions are required
to be made; and
(b) a copy of any notice of revocation under subsection (3). [s. 61]
Deduction of
trade union dues

ect of whom deductions are required
to be made; and
(b) a copy of any notice of revocation under subsection (3). [s. 61]
Deduction of
trade union dues

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.164
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
63.–(1) A registered trade union shall be entitled to-
(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;
(d) fifteen representatives for work places with more than
one hundred members. (2) In workplace with more than one hundred members,
at least five of the trade union representatives shall represent
women employees, if any, who are employed and belong to the
union. (3) The constitution of a registered trade union shall govern
the election, terms of office and removal from office of a trade
union representative.

. (3) The constitution of a registered trade union shall govern
the election, terms of office and removal from office of a trade
union representative.

(4) Trade union representatives shall perform the following
functions to:
(a) represent members in grievance and disciplinary
hearings;
(b) make representations on behalf of members in respect
of rules;
(c) consult on productivity in the workplace;
(d) represent the trade union in enquiries and investigations
conducted by inspectors in terms of any labour laws;
(e) monitor employer compliance with labour laws;
(f) perform trade union functions under the union’s
constitution;
(g) further good relations; and
(h) perform any function or role agreed to by the employer. (5) Trade union representatives shall be entitled to
reasonable paid time off to perform any of the functions
referred to in subsection (4). (6) The employer shall disclose to the trade union
representatives any information relevant to the performance
of their functions. Trade union
representation

employer shall disclose to the trade union
representatives any information relevant to the performance
of their functions. Trade union
representation

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.165
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
work is not unduly interrupted. [s. 62]
64. The employer shall grant reasonable paid leave to-
(a) trade union representatives referred to in section 63 to
attend training courses relevant to their functions; and
(b) office bearers of -
(i) a registered trade union, to perform the functions
of their office; or
(ii) a registered federation, to which the representative
union belongs, to perform the functions of their
office. [s. 63]
65.–(1) A registered trade union may notify an employer in
the prescribed form that it seeks to exercise a right conferred
under this Part.

e. [s. 63]
65.–(1) A registered trade union may notify an employer in
the prescribed form that it seeks to exercise a right conferred
under this Part.

(2) Within 30 days of the receipt of a notice under subsection
(1), the employer shall meet with the trade union to conclude
a collective agreement granting the right and regulating the
manner in which the right is to be exercised. (3) Where there is no agreement or the employer fails to
meet with the trade union within 30 days, the union may refer
the dispute to the Commission for mediation. (4) Where the mediation fails to resolve the dispute, the
trade union may refer the dispute to the Labour Court which
shall make appropriate orders. (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]
Leave for trade
union activities
Procedure
for exercising
organisational
right

his section shall be referred to the Labour
Court for decision. [s. 64]
Leave for trade
union activities
Procedure
for exercising
organisational
right

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.166
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
66.–(1) Where a trade union materially breaches the terms
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
apply to the Labour Court to-
(i) terminate any of the organisational rights granted
to the trade union under a collective agreement;
or
(ii) withdraw an order made under section 65. (2) A Labour Court making a decision under this section
may make any appropriate order including-
(a) requiring the union to take measures to ensure
compliance with the conditions for the exercise of a
right;
(b) suspending the exercise of a right for a period of time;
and
(c) terminating the organisational rights contained in a
collective agreement or order made under section 65. [s. 65]
PART VI
COLLECTIVE BARGAINING
67.

c) terminating the organisational rights contained in a
collective agreement or order made under section 65. [s. 65]
PART VI
COLLECTIVE BARGAINING
67.

For purposes of this Part-
(a) a “bargaining unit”-
(i) means any unit of employees in respect of which a
registered trade union is recognised, or is entitled
to be recognised, as the exclusive bargaining agent
in terms of this Part; and
(ii) includes a unit of employees employed by more
than one employer;
(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
Termination of
organisational
rights
Interpretation

reement or in respect of an
order made by the Labour Court under the provisions
of section 68; and
Termination of
organisational
rights
Interpretation

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.167
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]
68.–(1) A registered trade union that represents the majority
of the employees in an appropriate bargaining unit shall be
entitled to be recognised as the exclusive bargaining agent of
the employees in that unit. (2) An employer or employers’ association may not
recognise a trade union as an exclusive bargaining agent unless
the trade union is registered and represents the majority of the
employees in the bargaining unit. (3) A registered trade union may notify the employer or
employers’ association in the prescribed form that it shall
seek recognition as the exclusive bargaining agent within an
appropriate bargaining unit. (4) Within 30 days of the notice prescribed in subsection
(3), an employer shall meet to conclude a collective agreement
recognising the trade union.

(4) Within 30 days of the notice prescribed in subsection
(3), an employer shall meet to conclude a collective agreement
recognising the trade union.

(5) Where there is no agreement or the employer fails to
meet with the trade union within the 30 days, the union may
refer the dispute to the Commission for mediation, and the
period of thirty days may be extended by agreement. (6) Where the mediation fails to resolve the dispute, the
trade union or the employer may refer the dispute to the
Labour Court for decision. (7) The Labour Court may decide any dispute over
the representativeness of the trade union by arranging
any appropriate person to conduct a ballot of the affected
employees. (8) In determining the appropriateness of a bargaining unit,
the Labour Court shall-
(a) consider the following:
(i) the wishes of the parties;
(ii) the bargaining history of the parties;
Recognition
as exclusive
bargaining agent
of employees
Act No. 17 of 2010 s. 9

the wishes of the parties;
(ii) the bargaining history of the parties;
Recognition
as exclusive
bargaining agent
of employees
Act No. 17 of 2010 s. 9

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.168
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;
(vi) the different functions and processes of the
employer or employers and the degree of
integration; and
(vii) the geographic location of the employer or the
employers; and
(b) promote orderly and effective collective bargaining
with a minimum of fragmentation of an employer’s
organisational structure. (9) A dispute over the interpretation or application of an
order made under this section shall be referred to the authority
or the Court which made the order for interpretation and other
necessary orders. (10) An order made pursuant to this section shall be
enforced like any other order issued by the Labour Court.

erpretation and other
necessary orders. (10) An order made pursuant to this section shall be
enforced like any other order issued by the Labour Court.

(11) This section shall not preclude registered trade unions,
employers and registered employers’ associations from
establishing their own collective bargaining arrangements by
collective agreement. [s. 67]
69.–(1) An employer or employers’ association shall bargain in
good faith with a recognised trade union. (2) A recognised trade union shall bargain in good faith with
the employer or employers’ association that has recognised it
or is required to recognise it under the provisions of section 68. [s. 68]
70.Where a recognised trade union ceases to represent the
majority of the employees in the bargaining unit, the employer
shall-
(a) give the trade union notice to acquire a majority within
three months; and
Duty to bargain
in good faith
Withdrawal of
recognition
Act No. 17 of 2010 s. 10

the trade union notice to acquire a majority within
three months; and
Duty to bargain
in good faith
Withdrawal of
recognition
Act No. 17 of 2010 s. 10

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.169
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
exclusive bargaining unit. (3) Where a party to a collective agreement prescribed
in section 68(10), or a party subject to a recognition order,
materially breaches the agreement or order, the other party
may apply to Labour Court to have recognition withdrawn by-
(a) terminating the recognition agreement; and
(b) rescinding the recognition order. (4) The Labour Court may decide any dispute over
the representativeness of the trade union by arranging
any appropriate person to conduct a ballot of the affected
employees.

y decide any dispute over
the representativeness of the trade union by arranging
any appropriate person to conduct a ballot of the affected
employees.

(5) The Labour Court may make any appropriate order
including-
(a) giving the trade union an opportunity to become
representative;
(b) altering the bargaining unit;
(c) suspending recognition for a period of time; and
(d) withdrawing recognition. [s. 69]
71.–(1) An employer that has recognised a trade union under
this Part shall allow the union to engage effectively in collective
bargaining. (2) An employer shall not be obliged to disclose information
that-
(a) is legally privileged;
(b) the employer cannot disclose without contravening a
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. Obligation to
disclose relevant
information

employer; and
(d) is private personal information relating to an employee
without that employee’s consent. Obligation to
disclose relevant
information

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.170
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
information disclosed is kept confidential. (4) Where there is a dispute over disclosure of information,
any party to the dispute may refer the dispute to the Commission
for mediation. (5) Where the mediation fails, any party may refer the
dispute to the Labour Court for decision.

ay refer the dispute to the Commission
for mediation. (5) Where the mediation fails, any party may refer the
dispute to the Labour Court for decision.

(6) In making any decision, the Labour Court may-
(a) hold the proceedings in camera;
(b) take into account any previous breaches of
confidentiality by the trade union or its members;
(c) order an employer to disclose any confidential
information where, on balance, the effect of the non-
disclosure may seriously impede the union’s ability-
(i) to bargain effectively; or
(ii) to represent employees effectively;
(d) order the disclosure of information on terms designed
to limit any harm that may be caused by disclosure;
(e) order the trade union to pay damages for any breach of
confidentiality; and
(f) suspend or withdraw the right to disclosure. [s. 70]
72.–(1) Collective agreements shall be in writing and signed
by the parties. (2) A collective agreement shall be binding on the last
signature unless the agreement states otherwise. (3) A collective agreement shall be binding on-
(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
Binding nature
of collective
agreements
Acts Nos. 8 of 2006 Sch. 17 of 2010 s. 11

union party
to the agreement if the trade union is recognised as the
Binding nature
of collective
agreements
Acts Nos. 8 of 2006 Sch. 17 of 2010 s. 11

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.171
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
from that trade union or employer association. (5) A collective agreement becomes binding on employers
and employees who become members of the parties to the
agreement after its commencement. (6) Unless a collective agreement provides otherwise,
any party to an agreement may terminate the agreement on
reasonable notice and shall give reasons for the termination. (7) The parties to a collective agreement shall be required to
lodge a copy of the agreement with the Labour Commissioner
and shall be a rebuttable presumption that the copy so
registered is authentic and may be executed as a decree of the
Court. [s. 71]
73.–(1) An agreement that compels an employee to become a
member of a trade union is not enforceable.

ay be executed as a decree of the
Court. [s. 71]
73.–(1) An agreement that compels an employee to become a
member of a trade union is not enforceable.

(2) A recognised trade union and employer may conclude a
collective agreement providing for an agency shop. (3) The requirements for a binding agency shop agreement
are-
(a) the agreement applies to employees in the bargaining
unit only;
(b) employees who are not members of the trade union are
not compelled to become members;
(c) any agency fee deducted from the remuneration of an
employee, who is not a member, is equivalent to, or less
than, the union dues deducted by the employer from
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
Agency Shop
agreements
Act No
24 of 2015 s. 8

both members and
non-members shall be paid into a separate account
administered by the trade union; and
Agency Shop
agreements
Act No
24 of 2015 s. 8

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.172
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
(ii) any contributions to a political party of person
standing for political office. (4) Notwithstanding the provisions of any law or contract,
an employer may deduct an agency fee under an agency shop
agreement that complies with the provisions of this section
from an employee’s wages without the consent of that employee:
Provided that, such deduction complies with the terms and
conditions prescribed in the regulations.

oyee’s wages without the consent of that employee:
Provided that, such deduction complies with the terms and
conditions prescribed in the regulations.

(5) A trade union party to an agency shop agreement shall-
(a) appoint a registered auditor to audit the account
prescribed in subsection (3) (d) annually;
(b) submit the auditor’s report to the Labour Commissioner
and to the Registrar within thirty days of the date of the
report; and
(c) permit any interested person to inspect the report at
the union’s offices during office hours. (6) A report by an auditor appointed by a trade union under
this section shall include an opinion on whether the provisions
of this section have been complied with. (7) An agency shop agreement shall be-
(a) suspended for so long as the trade union is not
representative; or
(b) terminated once recognition is withdrawn under
section 70. (8) Where an agency shop agreement is suspended or
terminated, the provisions of this section shall continue to
apply in respect of any money remaining in the account
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

t
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

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.173
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]
74.–(1) A recognised trade union and an employer or an
employers’ association may conclude a collective agreement
establishing a forum for workers participation in a workplace. (2) Where a registered trade union, employer or employers’
association wishes to establish a forum for workers’ participation
in any workplace, the union, employer or association may
request the assistance of the Labour Commissioner to facilitate
discussions between the union, employer or association. (3) The Labour Commissioner shall facilitate any discussion
concerning the establishment of a forum for workers
participation in any workplace taking into account any
code of good practice published by the Council on workers
participation. [s. 73]
75.

or workers
participation in any workplace taking into account any
code of good practice published by the Council on workers
participation. [s. 73]
75.

Unless the parties to a collective agreement agree otherwise-
(a) a dispute concerning the application, interpretation
or implementation of a collective agreement shall be
referred to the Commission for mediation; and
(b) where the mediation fails, any party may refer the
dispute to the Labour Court for a decision. [s. 74]
PART VII
STRIKES AND LOCKOUTS
76.–(1) Subject to the provisions contained in this Part-
(a) every employee has the right to strike in respect of a
dispute of interest; and
(b) every employer has the right to lockout in respect of a
dispute of interest. [s. 75]
Workers
participation
agreement
Act No. 24 of 2015 s. 9
Disputes
concerning
collective
agreements
Right to strike
and to lockout

of interest. [s. 75]
Workers
participation
agreement
Act No. 24 of 2015 s. 9
Disputes
concerning
collective
agreements
Right to strike
and to lockout

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.174
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
77.–(1) A person shall not take part in a strike or a lock out or
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;
(b) that person is engaged in a minimum service prescribed
in section 80;
(c) that person is bound by an agreement that requires the
issue in dispute to be referred to arbitration;
(d) that person is bound by a collective agreement or
arbitration award that regulates the issue in dispute;
(e) that person is bound by a wage determination that
regulates the issue in dispute during the first year of
that determination;
(f) that person is a magistrate, a prosecutor or other court
personnel;
(g) the issue in dispute is a complaint; and
(h) the procedures prescribed in sections 81, 82 and 83
have not been followed.

or other court
personnel;
(g) the issue in dispute is a complaint; and
(h) the procedures prescribed in sections 81, 82 and 83
have not been followed.

(2) Notwithstanding the provisions of subsection (1) (a), a
person engaged in an essential service may strike or lockout
where-
(a) there is a collective agreement providing for minimum
services during a strike or lockout; and
(b) that agreement has been approved under section 78 by
the Essential Services Committee. (3) The following conduct associated with strikes and
lockouts is prohibited:
(a) picketing-
(i) in support of a strike; or
(ii) in opposition to a lawful lockout;
(b) use of replacement labour in a lockout or a lawful strike;
(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
Restrictions on
right to strike or
lockout

) For purposes of this section, “replacement labour”
means taking into employment any person to continue or
Restrictions on
right to strike or
lockout

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.175
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]
78.–(1) For purposes of this section, “service” includes any
part of service. (2) The following services are essential services:
(a) water and sanitation;
(b) electricity;
(c) health services and associated laboratory services;
(d) fire-fighting services;
(e) air traffic control and civil aviation telecommunications;
and
(f) any transport services required for the provision of
these services. (3) In addition to the services designated in subsection (2),
the Essential Services Committee may designate a service as
essential where the interruption of that service endangers the
personal safety or health of the population or any part of it.

y designate a service as
essential where the interruption of that service endangers the
personal safety or health of the population or any part of it.

(4) Before the Essential Services Committee designates an
essential service under subsection (3), it shall-
(a) give notice in the prescribed manner of the investigation
inviting interested parties to make representations;
(b) conduct an investigation in the prescribed manner;
(c) make any written representations available for inspection;
(d) hold a public hearing at which the interested parties
may make oral representations; and
(e) consider those representations. (5) Where the Essential Services Committee designates a
service as an essential service, it shall publish a notice to that
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. Essential services

cancel
a designation made under this section in accordance with the
procedure set out in subsections (4) and (5) mutatis mutandis. Essential services

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.176
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
Committee shall satisfy the Committee that a copy of the
dispute has been served on all the other parties to the dispute. (9) The Essential Services Committee shall determine the
dispute as soon as possible. [s. 77]
79.–(1) Unless a collective agreement provides otherwise-
(a) a party to a dispute of interest in an essential service
may refer the dispute to the Commission for mediation;
and
(b) where the mediation fails, any party to the dispute may
refer the dispute to arbitration by the Commission.

e to the Commission for mediation;
and
(b) where the mediation fails, any party to the dispute may
refer the dispute to arbitration by the Commission.

(2) The provisions of subsection (1) shall apply where-
(a) the parties are bound by a collective agreement
providing for minimum services during a strike or
lockout; and
(b) the Essential Services Committee has approved that
agreement in terms of section 80(2). [s. 78]
80.–(1) The parties to a collective agreement may agree to the
provision of minimum services during a strike or a lockout. (2) A party to a collective agreement that provides for
minimum services during a strike or lockout in an essential
service may apply in the prescribed manner to the Essential
Services Committee for approval of that agreement. (3) An employer may apply in the prescribed manner to
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
Disputes of
interest in
essential services
Minimum
services during
strike or lockout

operty, machinery or plant during a strike or lawful
lockout; and
Disputes of
interest in
essential services
Minimum
services during
strike or lockout

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.177
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]
81-(1) Subject to the provisions of this section, employees may
engage in a lawful strike where-
(a) the dispute is a dispute of interest;
(b) the dispute has been referred in the prescribed form to
the Commission for mediation;
(c) the dispute remains unresolved at the end of period of
mediation provided under section 87(4) read together
with section 88(1) and (2);
(d) the strike is called by a trade union, a ballot has been
conducted under the union’s constitution and a majority
of those who voted were in favour of the strike; and
(e) after the applicable period referred to in paragraph (c),
they or their trade union have given forty eight hours
notice to their employer of their intention to strike.

ble period referred to in paragraph (c),
they or their trade union have given forty eight hours
notice to their employer of their intention to strike.

(2) Where the dispute relates to the unilateral alteration of
terms and conditions of employment, the employees and the
trade union, may require the employer in the referral of the
dispute under subsection (1)-
(a) not to implement any proposed change to terms and
conditions; or
(b) where the employer has implemented the change, to
restore the terms and conditions of employment that
applied before the change. (3) Where the employer does not comply with the
requirement referred to in subsection (2) within forty eight
hours of service of the referral on the employer, the employees
and trade union may strike without complying with subsection
(1)(c) to (e). (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
Procedure for
engaging in
lawful strike

mployers’ association from agreeing to their own
strike procedure in a collective agreement, in which case the
Procedure for
engaging in
lawful strike

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.178
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]
82.–(1) “secondary strike” means a strike that is-
(a) in support of a lawful strike (the “primary strike”) by
other employees against their employer (the “primary
employer”); or
(b) in opposition to a lockout (the “primary lockout”)
imposed by another employer (the “primary employer”)
against its employees. (2) A trade union may only call a secondary strike where-
(a) fourteen days notice of the commencement of the
secondary strike has been given to the secondary
employer;
(b) there is a relationship between the secondary and
primary employer that may permit the exercise of
pressure; and
(c) the secondary strike is proportional taking into account-
(i) the effect of the strike on the secondary employer;
and
(ii) the possible effect that the strike may have on
resolving the dispute giving rise to the primary
strike or primary lockout.

condary employer;
and
(ii) the possible effect that the strike may have on
resolving the dispute giving rise to the primary
strike or primary lockout.

(3) Employees engaged in the following services are
prohibited from engaging in a secondary strike:
(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
(b) agreed or determined minimum services as prescribed
in section 80. (4) This section shall not prevent a trade union and an
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]
Procedure for
engaging in
secondary strike

isions of that agreement shall apply and the
provisions of subsections (1) and (2) shall not apply. [s. 81]
Procedure for
engaging in
secondary strike

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.179
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
83.–(1) Subject to the provisions of subsection (2), an employer
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;
(c) the dispute remains unresolved at the end of the period
of mediation prescribed in sections 87 and 88; and
(d) after the applicable period referred to in paragraph
(c) the employer or employers’ association has given
forty eight hours notice to the employees or their trade
union of the intention to lockout. (2) This section shall not prevent a trade union and an
employer or an employers’ association from agreeing to their
own procedure in a collective agreement, in which case the
provisions of that agreement shall apply and the provisions of
subsection (1) shall not apply. [s.

cedure in a collective agreement, in which case the
provisions of that agreement shall apply and the provisions of
subsection (1) shall not apply. [s.

82]
84.–(1) Notwithstanding the provisions of any law, including
the common law, a lawful strike or lawful lockout shall not be-
(a) a breach of contract;
(b) a tort; or
(c) a criminal offence. (2) An employer shall not terminate the employment of an
employee for-
(a) participating in a lawful strike; or
(b) not acceding to an employer’s demand in a lockout. (3) Civil or criminal proceedings shall not be instituted
against any person for participating in a lawful strike or lawful
lockout. (4) Notwithstanding the provisions of subsection (1), an
employer shall not be obliged to remunerate an employee for
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
Procedure for
engaging in
lawful lockout
Nature of
protection of
lawful strike or
lockout

ution
and the employee’s contributions to any funds that the
Procedure for
engaging in
lawful lockout
Nature of
protection of
lawful strike or
lockout

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.180
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
accommodation, food or amenities during the strike or
lockout; and
(c) after the end of the strike or lockout, the employer
may-
(i) deduct any of the employee’s contributions
referred to in paragraph (a) from the employee’s
remuneration; or
(ii) deduct the agreed monetary value of the
accommodation, food or amenities from the
employee’s remuneration with the consent of the
employee. (5) Where an employee does not consent to the deduction
prescribed in subsection (4)(c)(ii), the employer may refer the
dispute to mediation. (6) Where the dispute referred to in subsection (5) is not
resolved, the employer may refer it to the Labour Court for a
decision.

spute to mediation. (6) Where the dispute referred to in subsection (5) is not
resolved, the employer may refer it to the Labour Court for a
decision.

(7) Subsection (4) shall not prevent a trade union or
employer or employers’ association from concluding a
collective agreement that regulates the matters dealt with in
that subsection differently. [s. 83]
85.–(1) Where a strike or lockout is not in compliance with this
Act, or a trade union or employer or employers’ association
engages in prohibited conduct, the Labour Court shall have
exclusive jurisdiction-
(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
Strikes and
lockouts not in
compliance with
this Part

participating in an unlawful strike or lockout; or
(ii) engaging in any prohibited conduct; and
Strikes and
lockouts not in
compliance with
this Part

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.181
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;
(iii) any prior history of non-compliance;
(iv) the ability to pay;
(v) the extent of the harm;
(vi) the interests of collective bargaining; and
(vii) the duration of the strike, lockout or conduct. (2) The Labour Court may not issue an injunction unless
forty eight hours notice of the application has been given to
the respondent. (3) Notwithstanding the provisions of subsection (2), the
Court may grant a shorter period on good cause and only if
the respondent is given a reasonable opportunity to be heard. (4) Other than in exceptional circumstances, the Labour
Court may not make an order of compensation that may cause
a trade union, employer or employer’s association to become
bankrupt. [s.

ances, the Labour
Court may not make an order of compensation that may cause
a trade union, employer or employer’s association to become
bankrupt. [s.

84]
86.–(1) Subject to the provisions of subsection (2), an employee
may take part in protest action where-
(a) the protest action has been called by a registered trade
union or registered federation of trade unions;
(b) the union or federation has served a notice on the
Council stating-
(i) the reasons for the protest action; and
(ii) the duration and form of the protest action;
(c) thirty days have elapsed from the date the notice was
served; and
(d) the union or federation has given at least fourteen days
notice of the commencement of the protest action. Protest action

e notice was
served; and
(d) the union or federation has given at least fourteen days
notice of the commencement of the protest action. Protest action

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.182
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
(b) agreed or determined minimum services as prescribed
in section 80. (3) The Council shall convene a meeting within thirty days
of the notice to-
(a) resolve the matter giving rise to the protest action; and
(b) where unable to resolve the matter, secure an agreement
with the trade unions or federation of trade unions
calling for the protest action on the duration and form
of the protest action in order to minimise the harm that
may be caused by the protest action.

calling for the protest action on the duration and form
of the protest action in order to minimise the harm that
may be caused by the protest action.

(4) In order to achieve the objects prescribed in subsection
(3), the Council may-
(a) establish a tripartite Committee to perform its functions
under subsection (3);
(b) appoint a mediator after consultation with the
Commission to mediate; and
(c) apply to the Labour Court for a declaratory order
prescribed in subsection (5). (5) A person who is likely to be, or has been, affected by the
protest action may apply to the Labour Court for-
(a) an order restraining any person from taking part in
protest action or in any conduct in contemplation or
furtherance of an action that does not comply with the
provisions of subsections (1) and (2);
(b) a declaratory order on the proportionality of any
proposed action taking into account-
(i) the nature and the duration of the protest action;
(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.

nce 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.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.183
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
engaged in lawful protest action shall not apply to persons
who do not comply with any declaratory order issued under
subsection (5)(b). [s. 85]
PART VIII
DISPUTE RESOLUTION
Sub-Part A - Mediation
87.–(1) Disputes referred to the Commission shall be in the
prescribed form. (2) The party who refers the dispute under subsection (1),
shall satisfy the Commission that a copy of the referral has
been served on the other parties to the dispute. (3) On receipt of the referral made under subsection (1) the
Commission shall-
(a) appoint a mediator to mediate the dispute;
(b) decide the time, date and place of the mediation
hearing;
(c) advise the parties to the dispute of the details stipulated
in paragraphs (a) and (b).

) decide the time, date and place of the mediation
hearing;
(c) advise the parties to the dispute of the details stipulated
in paragraphs (a) and (b).

(4) Subject to the provisions of section 88, the mediator
shall resolve the dispute within thirty days of the referral or
any longer period to which the parties agree in writing. (5) The mediator shall decide the manner in which the
mediation shall be conducted and if necessary may require
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;
Referral of
disputes for
mediation under
this Act
Act No. 8 of 2006 Sch.

member or an official of that party’s trade union or
employers’ association;
Referral of
disputes for
mediation under
this Act
Act No. 8 of 2006 Sch.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.184
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-
(a) the dispute is a dispute of interest, give notice of
its intention to commence a strike or a lockout in
accordance with sections 81 or 83;
(b) the dispute is a complaint-
(i) refer the complaint to arbitration; or
(ii) refer the complaint to the Labour Court. (8) Notwithstanding the failure to resolve a dispute within
the period stipulated in subsection (4), the mediator shall
remain seized with the dispute until the dispute is settled and
may convene meetings between the parties to the dispute in
order to settle the dispute at any time before or during any
strike, lockout, arbitration or adjudication. [s.

s between the parties to the dispute in
order to settle the dispute at any time before or during any
strike, lockout, arbitration or adjudication. [s.

86]
88.–(1) Where the employees or a trade union refer a dispute
of interest to the Commission under section 87, the mediator
may-
(a) extend the period stipulated under section 87(4) by a
further thirty days where the employees or union fail
to attend the hearing arranged by the Commission; or
(b) shorten the period stipulated in section 87(4) if the
employer or employers’ association party to the dispute
fail to attend the hearing. (2) Where an employer or an employers’ association refers
a dispute of interest to the Commission under section 87, the
mediator may-
(a) extend the period stipulated under section 87(4) by a
further thirty days where the employer or employer’s
association fails to attend the hearing arranged by the
Commission; or
Consequences
of not attending
mediation
hearing

here the employer or employer’s
association fails to attend the hearing arranged by the
Commission; or
Consequences
of not attending
mediation
hearing

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.185
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-
(a) dismiss the complaint where the party who referred the
complaint fails to attend a mediation hearing; or
(b) decide the complaint where the other party to the
complaint fails to attend a mediation hearing. (4) The decision made under this section may be enforced
in the Labour Court as a decree of a court of competent
jurisdiction. (5) The Commission may reverse a decision made under
this section where-
(a) application is made in the prescribed manner; and
(b) the Commission is satisfied that there are good grounds
for failing to attend the hearing. [s.

) application is made in the prescribed manner; and
(b) the Commission is satisfied that there are good grounds
for failing to attend the hearing. [s.

87]
Sub-Part B: Arbitration
89.–(1) For purposes of this section, a dispute means-
(a) a dispute of interest where the parties to the dispute are
engaged in an essential service; and
(b) a complaint over-
(i) the fairness or lawfulness of an employee’s
termination of employment;
(ii) any other contravention of this Act or any
other labour laws or breach of contract or any
employment or labour matter falling under
common law, tortious liability and vicarious
liability; and
(iii) any dispute referred to arbitration by the Labour
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;
Resolving
disputes by
compulsory
arbitration
Acts Nos. 8 of 2006 Sch. 17 of 2010 s. 12

mission shall-
(a) appoint an arbitrator to decide the dispute;
Resolving
disputes by
compulsory
arbitration
Acts Nos. 8 of 2006 Sch. 17 of 2010 s. 12

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.186
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-
(a) appointing an arbitrator before the dispute has been
mediated;
(b) determining the time, date and place of the arbitration
hearing, which date may coincide with the date of the
mediation hearing; and
(c) advising the parties to the dispute of the details
stipulated in paragraphs (a) and (b). (4) The arbitrator-
(a) may conduct the arbitration in a manner that the
arbitrator considers appropriate in order to determine
the dispute fairly and quickly; and
(b) shall deal with the substantial merits of the dispute
with the minimum of legal formalities. (5) Subject to the discretion of the arbitrator as to the
appropriate form of the proceedings, a party to the dispute
may give evidence, call witnesses, question witnesses, and
present arguments.

or as to the
appropriate form of the proceedings, a party to the dispute
may give evidence, call witnesses, question witnesses, and
present arguments.

(6) Where the parties to the dispute consent, the arbitrator
may suspend proceedings and resolve the dispute through
mediation. (7) A mediator may, by an agreement between the parties
or on application by the parties, draw a settlement agreement
in respect of any dispute pending before him, which shall be
signed by the parties and the mediator, and such agreement
shall be deemed to be a decree of the Court. (8) Where a party fails to-
(a) attend any arbitration proceedings convened by
arbitrator, the matter may be heard ex-parte as provided
for under rule 28 of the Labour Institutions (Mediation
and Arbitration Guidelines) Rules; or
GN. No. 67 of 2007

ter may be heard ex-parte as provided
for under rule 28 of the Labour Institutions (Mediation
and Arbitration Guidelines) Rules; or
GN. No. 67 of 2007

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.187
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
employers’ association;
(b) an advocate; or
(c) a personal representative of the party’s own choice. (10) An arbitrator may make any appropriate award but
may not make an order for costs unless a party or a person
representing a party acted in a frivolous or vexatious manner. (11) Within thirty days of the conclusion of the arbitration
proceedings, the arbitrator shall issue an award with reasons
signed by the arbitrator. [s. 88]
90.–(1) An arbitration award made under this Act shall be
binding on the parties to the dispute. (2) An arbitration award made under this Act may be
served and executed in the Labour Court as if it were a decree
of a court of law. [s. 89]
91.

ute. (2) An arbitration award made under this Act may be
served and executed in the Labour Court as if it were a decree
of a court of law. [s. 89]
91.

An arbitrator who has made an award under section 89(10)
may, on application or on his own motion, correct in the award
any clerical mistake or error arising from any accidental slip or
omission. [s. 90]
92.–(1) A party to an arbitration award made under section
89(10) who alleges a defect in any arbitration proceedings
under the auspices of the Commission may apply to the Labour
Court for a decision to set aside the arbitration award-
(a) within six weeks of the date that the award was served
on the applicant unless the alleged defect involves
improper procurement; and
Effect of
arbitration award
Correction of
arbitration award
Act No. 17 of 2010 s. 13
Revision of
arbitration award
Act No. 17 of 2010 s. 14

ement; and
Effect of
arbitration award
Correction of
arbitration award
Act No. 17 of 2010 s. 13
Revision of
arbitration award
Act No. 17 of 2010 s. 14

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.188
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-
(a) there was a misconduct on the part of the arbitrator;
(b) the award was improperly procured; and
(c) the award is unlawful, illogical or irrational. (3) The Labour Court may stay the enforcement of the
award pending its decision. (4) Where the award is set aside, the Labour Court may-
(a) determine the dispute in the manner it considers
appropriate;
(b) make any order it considers appropriate about the
procedures to be followed to determine the dispute. [s. 91]
93. The Arbitration Act, does not apply to an arbitration
conducted by the Commission. [s. 92]
94.–(1) This Act shall not prevent an agreement to submit a
dispute to arbitration.

s not apply to an arbitration
conducted by the Commission. [s. 92]
94.–(1) This Act shall not prevent an agreement to submit a
dispute to arbitration.

(2) The provisions of the Arbitration Act, shall apply to any
agreed submission of a dispute to arbitration provided that-
(a) notwithstanding the provisions of section 3 of the
Arbitration Act, any dispute may be submitted to
arbitration;
(b) any reference to the High Court in the Arbitration Act
shall be interpreted as referring to the Labour Court. (3) A voluntary arbitration preferred under section 14(1)
(b)(ii) of the Labour Institutions Act shall be dealt with by the
Commission as if it were a compulsory arbitration referred to
under subsections (2) to (9) of section 89. [s. 93]
Application of
Arbitration Act
Cap. 15
Voluntary
arbitration
Act No. 17of 2010 s. 15
Cap. 15
Cap.15
Cap.15
Cap. 300

(2) to (9) of section 89. [s. 93]
Application of
Arbitration Act
Cap. 15
Voluntary
arbitration
Act No. 17of 2010 s. 15
Cap. 15
Cap.15
Cap.15
Cap. 300

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.189
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Sub-Part C: Adjudication
95.–(1) Subject to the Constitution of the United Republic
of Tanzania, 1977 the Labour Court shall have exclusive
jurisdiction over the application, interpretation and
implementation of the provisions of this Act and over any
employment or labour matter falling under common law,
tortious liability, vicarious liability or breach of contract and
to decide-
(a) appeals from the decisions of the Registrar made under
Part IV;
(b) reviews and revisions of-
(i) arbitrator’s awards made under this Part; or
(ii) decisions of the Essential Services Committee
made under Part VII;
(c) reviews of decisions, codes, guidelines or regulations
made by the Minister under this Act;
(d) complaints, other than those that are to be decided by
arbitration under the provisions of this Act;
(e) any dispute reserved for decision by the Labour Court
under this Act; and
(f) applications including-
(i) a declaratory order in respect of any provision of
this Act; or
(ii) an injunction.

e Labour Court
under this Act; and
(f) applications including-
(i) a declaratory order in respect of any provision of
this Act; or
(ii) an injunction.

(2) The Labour Court may refuse to hear a complaint where-
(a) the complaint has not been referred to mediation by
the Commission under section 87; or
(b) the provisions of that section have not been complied
with; and
(c) the application is not urgent. (3) Where a party refers a dispute to the Labour Court, the
Court may-
(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
Jurisdiction of
Labour Court
Cap. 2
Acts Nos. 8 of 2006 Sch. 17 of 2010 s. 16

red to
the Labour Court in terms of this Act-
(i) decide the dispute; or
Jurisdiction of
Labour Court
Cap. 2
Acts Nos. 8 of 2006 Sch. 17 of 2010 s. 16

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.190
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
dealt with under section 89; or
(ii) decide the complaint provided that it may make
an appropriate order as to costs. [s. 94]
Sub-Part D - Dispute Procedures in Collective Agreements
96.–(1) This Part shall not prevent a trade union on the one
hand and an employer or employers’ association on the other
hand from concluding a collective agreement providing for the
resolution of disputes not within the provisions of this Part. (2) A collective agreement may depart from the provisions of
this Part provided that the disputes are mediated or arbitrated
in an independent, neutral, expedited and professional manner.

from the provisions of
this Part provided that the disputes are mediated or arbitrated
in an independent, neutral, expedited and professional manner.

(3) A person bound by a collective agreement prescribed
in this section may not refer a dispute to the Commission for
Mediation and Arbitration under the provision of this Part:
Provided that, any dispute which is not resolved shall be
referred by any party to the dispute or the mediator or
arbitrator to the Labour Court for adjudication, decision and
execution. (4) Subject to the provisions of subsection (3), any
resolution made or award passed by the mediator or arbitrator
respectively, shall be binding on the parties and shall be
executed as a decree of the Labour Court. (5) On application, the Labour Court, may set aside a
provision of a collective agreement that does not comply with
subsection (2). [s. 95]
Dispute
resolution
procedures
in collective
agreements
Act No. 8 of 2006 Sch.

a collective agreement that does not comply with
subsection (2). [s. 95]
Dispute
resolution
procedures
in collective
agreements
Act No. 8 of 2006 Sch.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.191
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
PART IX
GENERAL PROVISIONS
97.–(1) Every employer and employee shall keep a record of
the following information:
(a) the written particulars prescribed in section 16 and any
changes to those particulars; and
(b) any remuneration paid to the employee. (2) Every employer shall retain the record of an employee
prescribed in subsection (1) for a period of five years after the
termination of that employee. (3) An employer shall keep a record of the prescribed details
of any strike, lockout or protest action involving its employees. (4) The Labour Commissioner, in the prescribed manner,
may require information based on the records referred to in
this section from an employer. (5) An employer shall submit to the Labour Commissioner
any information required in terms of subsection (4).

rred to in
this section from an employer. (5) An employer shall submit to the Labour Commissioner
any information required in terms of subsection (4).

(6) Subject to the provisions of section 102, the Labour
Commissioner may-
(a) compile, analyse and tabulate statistics collected from
the information submitted under this section; and
(b) upon the Minister’s direction publish those statistics. [s. 96]
98.–(1) A document required to be served on a registered
organisation or federation in any civil or criminal proceedings
shall be deemed to be duly served where it is-
(a) delivered to the registered office of the organisation or
federation;
(b) delivered by registered post to its postal address; or
(c) served personally on an officer of the organisation or
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]
Records to be
kept by employers
and employees
Service of
documents

ission, application or other document
required to be served under this Act. [s. 97]
Records to be
kept by employers
and employees
Service of
documents

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.192
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
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.

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
of the powers conferred by subsection (1), the Minister may
make regulations for or in respect of all or any of the following
matters:
(a) all matters stated or required in this Act to be prescribed;
(b) the prohibition or regulation of employment of children
under the age of eighteen years;
(c) the registration of plans for eliminating discrimination
in the workplace;
(d) the form and manner in which written particulars of
employment are to be given to an employee;
(e) regulating the payment of wages including payment of
any money due to a deceased employee to the heirs or
estate of that employee;
(f) the form and content of information and documentation
to be supplied by the employer to its employees;
(g) regulating the procedure of registration of organisations
and federations, the registers to be kept and the
certificate of registration;
(h) the authorisation of access by trade union officials
to employer premises for the purpose of recruiting,
meeting and representing members;
(i) the deduction of trade union dues including
authorisation and remittance of money to the registered
trade union;
(j) the procedure for the recognition of registered trade
unions;
(k) the lodgement of collective agreements with the Labour
Commissioner;
(l) the procedure for investigations by the Essential
Services Committee into essential services and
minimum services;
Regulations

abour
Commissioner;
(l) the procedure for investigations by the Essential
Services Committee into essential services and
minimum services;
Regulations

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.193
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
Labour Commissioner;
(p) the fees to be charged for registration or any other
service or matter prescribed or permitted by this Act;
(q) occupational safety and health standards and the
working environment secured by an appropriate
system of inspection; and
(r) generally for all matters incidental to or connected
with the matters or subjects specifically mentioned in
this Act. (3) The Minister, after consultation with the Council, may,
by notice in the Gazette, deem any category of persons to be
employees for purposes of this section, any provisions of this
Act or any other written law in respect of which the Minister
is responsible. [s.

to be
employees for purposes of this section, any provisions of this
Act or any other written law in respect of which the Minister
is responsible. [s.

98]
100.–(1) The Minister, after consulting the Council, may-
(a) issue codes of good practice;
(b) issue guidelines for the proper administration of this
Act; or
(c) change or replace any code or guideline. (2) Any code of good practice or guideline or any change
to, or replacement of, a code or guideline shall be published in
the Gazette. (3) A person interpreting or applying this Act shall take
into account any code of good practice or guideline published
under this section, and where that person departs from the
code or guideline, he shall justify the grounds for departure. [s. 99]
Guidelines and
codes of good
practice

n, and where that person departs from the
code or guideline, he shall justify the grounds for departure. [s. 99]
Guidelines and
codes of good
practice

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.194
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
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-
(a) the employer or employers’ organisation shall satisfy the
Minister that they have consulted with the employees
affected by the exemption or their registered trade
union;
(b) he shall notify the affected employers and employees
or their registered organisations of any proposed
exemption and request representations to be submitted
within a reasonable period;
(c) he shall take into account any representations made by
the employees or their registered trade union; and
(d) he shall strike a fair balance between the interests of
the employers and their employees, taking into account
any applicable International Labour Organisation
Convention or recommendation.

the interests of
the employers and their employees, taking into account
any applicable International Labour Organisation
Convention or recommendation.

(3) An exemption granted under subsection (1) shall-
(a) be in the prescribed form signed by the Minister, and
the form shall include a statement of the employers, or
category of employers affected by the exemption;
(b) include any conditions under which the exemption is
granted;
(c) state the period of the exemption, which may be made
retrospective to a date not earlier than the date of the
application for exemption; and
(d) if the exemption is granted to a class of employers, be
published in the Gazette. (4) An exemption granted under this section may be
amended or withdrawn by the Minister. (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. Exemptions

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. Exemptions

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.195
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]
102.–(1) Subject to the provisions of subsection (2), it is an
offence for a person to disclose any information relating
to the financial or business affairs of another person if that
information was acquired in the performance of any function
or the exercise of any power under this Act. (2) Subsection (1) does not apply where the information is
disclosed incompliance with this Act-
(a) to enable a person to perform a function or exercise a
power under this Act;
(b) in accordance with any written law;
(c) for the purpose of the proper administration of this
Act; and
(d) for purposes of the administration of justice. [s. 101]
103.–(1) A district court and a resident magistrate’s court have
jurisdiction to impose a penalty for an offence under this Act.

of justice. [s. 101]
103.–(1) A district court and a resident magistrate’s court have
jurisdiction to impose a penalty for an offence under this Act.

(2) A person convicted of any of the offences referred to in
sections 5 and 6, may be sentenced to-
(a) a fine not exceeding five million shillings;
(b) imprisonment for a term of one year; or
(c) both. (3) A person convicted of any of the offences referred to in
sections 7, 8 and 9 may be sentenced to a fine not exceeding
five million shillings. (4) A person convicted of any of the offences referred to in
sections 28, 29, 46(3) and 102 shall be sentenced to a fine not
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]
Confidentiality
Penalties

llion shillings. (5) A person aggrieved by the decision of a court under this
section may appeal to the High Court. [s. 102]
Confidentiality
Penalties

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.196
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
104. In case of conflict between this Act and any other written
law relating to employment standards, the standards stipulated
under this Act shall prevail. [s. 102A]
105.–(1) The laws specified in the Second Schedule are repealed
subject to the savings and transitional provisions set out in the
Third Schedule. (2) Each of the laws specified in the Second Schedule are
amended to the extent specified in that Schedule. (3) The Third Schedule governs the transition from the
administration of the laws repealed under paragraph (1) to the
administration of the matters in this Act. [s. 103]
FIRST SCHEDULE
(Made under section 27(2))
Table for calculation of comparable wage rates
For the purpose of this Table -
“ordinary hours” do not include overtime hours;
“ordinary days” mean the days the employee ordinarily works in a week
excluding any day falling within the weekly rest period stipulated in
section 25; and
“rate” is based on the employee’s basic wage.

ly works in a week
excluding any day falling within the weekly rest period stipulated in
section 25; and
“rate” is based on the employee’s basic wage.

Table - Calculation of comparable wage rates
Inconsistency
with written laws
Act No. 24 of 2015 s. 10
Repeal and
amendment of
laws and savings
provisions
Basis of payment To calculate
hourly rates
To calculate
daily rates
To calculate
weekly rates
To calculate
monthly rates
Employees whose
basic wage is set
by the hour
Multiply the
hourly rate by
the number of
ordinary hours
of work each day
Multiply the
hourly rate by
the number of
ordinary hours of
work each week
Calculate the
weekly rate, then
Multiply the
calculated weekly
rate by 4,333
Employees whose
basic wage is set
by the day
Divide the
daily rate by
the number of
ordinary hours of
work each day
Multiply the
daily rate by
the number of
ordinary days of
work each week. Calculate the
weekly rate, then
Multiply the
calculated weekly
rate by 4,333

Multiply the
daily rate by
the number of
ordinary days of
work each week. Calculate the
weekly rate, then
Multiply the
calculated weekly
rate by 4,333

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.197
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
Employees whose
basic wage is set
by the week
Divide the weekly
rate (or calculated
weekly rate) by
the number of
ordinary hours of
work each week. Divide the
weekly rate
(or calculated
weekly rate) by
the number of
ordinary days of
work each week
Multiply the
weekly rate (or
calculated weekly
rate) by 4,333
Employees whose
basic wage is set
by the month
Divide the
monthly rate by
(4,333 times the
number of hours
ordinarily worked
each week). Divide the
monthly rate
by 4,333 times
the number or
days ordinarily
worked each
week
Divide the
monthly rate by
4,333
SECOND SCHEDULE
(Made under sections 105(1) and (2))
Citation of law Extent of repeal
Employment Ordinance (Cap.366) The whole
Regulation of Wages and Terms of Employment Ordinance (Cap. 300) The whole
Wages and Salaries (General Revision) Act, 1974 (Act No.

Cap.366) The whole
Regulation of Wages and Terms of Employment Ordinance (Cap. 300) The whole
Wages and Salaries (General Revision) Act, 1974 (Act No.

22 of 1974) The whole
Trade Union Act, 1998 (Act No.10 of 1998) The whole
Security of Employment Act (Cap.574) The whole
Severance Allowances Act (Cap.487) The whole
Industrial Court of Tanzania Act, 1967 (Act No.41 of 1967) The whole
THIRD SCHEDULE
(Made under section 105(3))
Savings and Transitional provisions
1. In this Schedule, unless the context requires otherwise-
“employers organisation” means an employer’s organisation
registered under the Trade Unions Act;
“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;
Interpretation
Act No. 10 of 1998

he Trade Unions
Act;
“repealed laws” means the laws repealed under section 105(1) and
listed in the Second Schedule;
Interpretation
Act No. 10 of 1998

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.198
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. 2.–(1) A trade union, employer’s organisation or federation registered
under the repealed laws immediately before the commencement of this
Act, shall be deemed to be registered under this Act. (2) As soon as practicable after the commencement of this Act, the
Registrar shall-
(a) enter the names and details of the trade unions, employers’
organisations and federations into the appropriate registers
prescribed under section 49(5)(a) of this Act; and
(b) issue a certificate in terms of section 49(5)(b) of this Act to
the trade unions, employers’ organisations and federations
referred to in paragraph (a).

sue a certificate in terms of section 49(5)(b) of this Act to
the trade unions, employers’ organisations and federations
referred to in paragraph (a).

(3) Where any provision of the constitution of a trade union,
employers’ organisation or federation does not comply with the
requirements of sections 47 and 48 of this Act, the trade union,
employers organisation or federation shall rectify its constitution
and submit the rectifications to the Registrar within 6 months of the
commencement of this Act. (4) The provisions of section 51, shall apply mutatis mutandis in
respect of a rectification under subparagraph (3). (5) Where a trade union, employers’ organisation or federation fails
to comply with sub-paragraph (3) or fails to make the requisite changes,
the Registrar shall apply to the Labour Court to cancel the registration
of the trade union, employers’ organisation or federation because of its
failure to comply with the provisions of this paragraph read together
with sections 47 and 48 of this Act. (6) Section 56, shall apply mutatis mutandis in respect of an
application brought under subparagraph (5). 3.–(1) Any pending application for registration, alteration of name or
constitution in terms of the repealed laws shall be dealt with as if the
application had been made under this Act.

registration, alteration of name or
constitution in terms of the repealed laws shall be dealt with as if the
application had been made under this Act.

(2) When dealing with an application referred to in subparagraph
(1), the Registrar may-
(a) condone any technical non-compliance with this Act; and
(b) require the applicant to amend its application in order to
comply with this Act. 4.–(1) For purposes of this paragraph-
(a) organisational rights’ means any of the following rights:
(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;
Existing trade
unions employer’s
organisation and
federations
Pending
applications for
registration
Organisational
rights and
recognition

e workplace;
Existing trade
unions employer’s
organisation and
federations
Pending
applications for
registration
Organisational
rights and
recognition

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.199
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
of which a trade union is recognised under the repealed
laws for purposes of negotiating terms and conditions of
employment. (2) A trade union shall retain any organisational rights conferred by-
(a) any of the repealed laws for a period of three years; and
(b) any collective agreement in force at the commencement
of this Act until the agreement’s expiry, except that, if the
agreement expires within two years of the commencement of
this Act, the agreement shall be extended for a further year as
if the repealed laws had not been repealed.

es within two years of the commencement of
this Act, the agreement shall be extended for a further year as
if the repealed laws had not been repealed.

(3) A dispute referred to a labour officer under the repealed laws
before the commencement of this Act shall be dealt with as if the
repealed laws had not been repealed. (4) Where a trade union is recognised at the commencement of
this Act, the employer shall continue to recognise the trade union for
a period of three years unless another trade union is recognised as the
exclusive bargaining agent under section 68. (5) A dispute over any organisational rights or recognition conferred
under the repealed laws shall be decided by the Labour Court as if the
repealed laws had not been repealed. 5.–(1) A negotiated or voluntary agreement concluded before the
commencement of this Act, whether or not the agreement has been
registered by the Industrial Court under the repealed laws, shall be
binding until its expiry provided that-
(a) where the agreement is due to expire after a year from the
commencement of this Act, the agreement expires at the end
of the year; and
(b) subject to paragraph 4(2)(b), any renewal of any such
agreement shall be done in terms of this Act.

agreement expires at the end
of the year; and
(b) subject to paragraph 4(2)(b), any renewal of any such
agreement shall be done in terms of this Act.

(2) A dispute arising from the application, interpretation or
implementation of an agreement stipulated in subparagraph (1) shall
be decided by the Labour Court as if the repealed laws had not been
repealed. 6. Notwithstanding the repeal of the Employment Ordinance, the
provisions of sections 100 and 102 relating to ‘’provision of medicine and
medical treatment’’ and ‘’burial of deceased employees and dependants’’
shall continue to apply until they are repealed by another law. Negotiated
or voluntary
agreements
The Employment
Ordinance No. 47 of 1955

ependants’’
shall continue to apply until they are repealed by another law. Negotiated
or voluntary
agreements
The Employment
Ordinance No. 47 of 1955

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.200
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
7.–(1) Subject to subparagraph (3), a trade dispute stipulated in the
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
Act before the commencement of this Act shall be dealt with as if those
laws had not been repealed. (3) Notwithstanding subparagraphs (1) and (2), a strike or a lockout
that commences after the commencement of this Act shall be dealt with
in terms of this Act. (4) A revision or interpretation of an award made by the Industrial
Court shall be done as if the repealed laws had not been repealed. (5) An award made by the Industrial Court under the repealed laws
shall remain in force until the expiry of the award.

led laws had not been repealed. (5) An award made by the Industrial Court under the repealed laws
shall remain in force until the expiry of the award.

8.–(1) A reference concerning a summary dismissal or disciplinary
penalty that takes place before the commencement of this Act shall be
dealt with as if the repealed laws had not been repealed. (2) A reference concerning a summary dismissal or disciplinary
penalty that takes place before the commencement of this Act shall be
dealt with as if the repealed laws had not been repealed. 9. A dispute contemplated in the repealed laws arising before the
commencement of this Act shall be dealt with as if the repealed laws
had not been repealed. 10. A reference to the Minister stipulated under the repealed laws shall
be dealt with as if the repealed laws had not been repealed. 11.–(1) An offence committed under the repealed laws before the
commencement of this Act shall be dealt with as if the repealed laws
had not been repealed. (2) A claim arising under the repealed laws before the commencement
of this Acts shall be dealt with as if the repealed laws had not been
repealed. (3) Any suit or other civil proceedings commenced before the
commencement of this Act shall be dealt with as if the repealed laws
had not been repealed.

) Any suit or other civil proceedings commenced before the
commencement of this Act shall be dealt with as if the repealed laws
had not been repealed.

12.–(1) The Minister may, after consultation with the Commission,
authorise the Commission by notice in the Gazette to perform the
functions of conciliation boards or the industrial court in terms of
paragraph 7 or 8-
(a) in respect of the whole or any specified part of Mainland
Tanzania; and
(b) with effect from a date specified in the Gazette. Industrial Court
awards
References to
conciliation
boards
Disputes referred
to labour officers
References to
Minister
Matters before
ordinary courts
Minister may
authorise
Commission
to perform
functions of
conciliation board
and Industrial
Court

eferences to
Minister
Matters before
ordinary courts
Minister may
authorise
Commission
to perform
functions of
conciliation board
and Industrial
Court

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.201
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. 13.–(1) All disputes originating from the repealed laws shall be
determined by the substantive laws applicable immediately before the
commencement of this Act. (2) All disputes pending and all applications for executions filed
arising from the decision of the Minister in the subordinate courts prior
to the commencement of this Act shall proceed to be determined by
such courts. (3) All disputes pending-
(a) revision of the defunct Industrial Court of Tanzania shall be
determined by a panel of three Judges of the Labour Court;
and
(b) hearing before the Industrial Court of Tanzania shall be
determined by the Labour Court.

mined by a panel of three Judges of the Labour Court;
and
(b) hearing before the Industrial Court of Tanzania shall be
determined by the Labour Court.

(4) All appeals and applications for judicial review originating from
the industrial Court of Tanzania pending in the High Court shall be
determined by the High Court. (5) The Commission shall have powers to mediate and arbitrate
all disputes originating from the repealed laws brought before the
Commission and all such disputes shall be deemed to have been duly
instituted under section 87 of the Act. (6) All references pending decision of the Minister shall-
(a) in the case of references which were returned by the High
Court to the Minister for retrial, be determined and finalised
by the Minister; and
(b) in the case of references pending the decision of the Minister
be forwarded together with their respective complete records
to the Labour Court for determination. (7) The date of the decision of the Minister shall be the date indicated
in the prescribed form. (8) Notwithstanding the provisions of any other written laws, for the
purposes of computation of limitation of time, the period between the
date of decision and the date of receipt of the decision shall be excluded. (9) [Repealed by Act No. 4 of 2016, s. 24]. 14. [Omitted]. 15.

between the
date of decision and the date of receipt of the decision shall be excluded. (9) [Repealed by Act No. 4 of 2016, s. 24]. 14. [Omitted]. 15.

Any subsidiary legislation made under the repealed laws shall
remain in force until they are-
(a) repealed by the Minister; or
(b) replaced by subsidiary legislation made under this Act. Disputes
originating from
repealed laws
Acts Nos. 11of 2010 s. 42
4 of 2016 s. 24
Minimum Wage
Ordinance
No. 15 of 1951
Subsidiary
legislation

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.202
THE EMPLOYMENT AND LABOUR RELATIONS ACT [CAP. 366 R.E. 2023]
16. Notwithstanding the provisions of section 20, the hours of work of
domestic workers and security workers shall be a maximum of-
(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;
(c) 48 ordinary hours for the third year after the commencement
of this Act; and
(d) 45 hours thereafter.
17. [Omitted].
Hours of work
domestic and
security workers
Written
particulars