MZUMBE UNIVERSITY

FACULTY OF LAW

NAME : YUSUPH H. KISWAGA

REG NO : 1236009/T.20

COURSE : LLB II

NATURE OF WORK : INDIVIDUAL ASSIGNMENT

SUBJECT : LABOUR LAW

SUBJECT CODE : LAW 22

LECTURER. :DR,MWAJUMA KADILU

SUBMISSION DATE. :17/12/2021

TIME. :10:00 am

QUESTION

The moment contracts of employment is concluded, It’s terms are fixed in a sense that neither part
can unilaterally change them unless the original contract provide for such variation.

In the light of the above assertion, with relevant authorities and vivid examples Criticality discuss
circumstance in which contract of employment maybe changed or modified.
 WORK OUTLINE
1.0 INTRODUCTION

1.1 Meaning of contract of employment

2.0 MAIN BODY

3.1 Ways in which contract may be changed

3.2 Circumstances in which contract of employment maybe modified

3.2.1 When the Law change ,By order of the Court or an Arbitration order

3.2..2 when there is negotiations between trade Union and employer.

3.2.3 Once there is the need to improve productivity by changing work practice.

3.2.3.1 Change of technology and increase of machine.

3.2.3.2 Change in place of work

3.2.3.3 Change in the hours of work

3.0 CONCLUSION

4.0 REFERENCE S
Contracts of employment are made up of a variety of terms and conditions which set out the
respective obligations for both employer and employee. As with any contract, once these and any
other terms have been agreed between the parties, they become binding and any attempt to vary
them unilaterally will constitute a breach of contract.1 The terms can be express Terms Whether
agreed orally or in writing, express terms will be construed by the Courts at their face value
providing such terms are both clear and complete. Implied Terms Certain terms will be implied
into a contract by the courts despite the fact that they are not expressly stated in writing.
Furthermore, the law imposes upon the parties to an employment contract implied contractual
terms which are considered central to the employment relationship. These include the
relationship of trust and confidence, placed upon both parties to the contract, as well as the
employer’s duty to take reasonable care to ensure the health and safety of employees.2

A contract of employment is a legal agreement between the employer and the employees. Its
terms cannot lawfully be changed by the employer without agreement from the employee (either
individually or through a recognised trade union). Where a trade union is recognised,
negotiations to change contract terms should be through collective bargaining. Your employer
owes an implied contractual duty to explain clearly the effect of any change, for example a
change to wages or working hours.3 It is well settled that it is not open to either party to a
contract of service to change its terms by unilateral act. 4 In March L.Lumanija & Another vs
Tanganyika Bus Service Co.Ltd5,Rweyemamu, J;held that change of the applicant’s
employment from monthly pay to daily pay amounted to a fundamental change to terms and
conditions of employment, and such a change unilaterally (without prior consultation) amounted
to an unfair labour practice, which in law can be interpreted to constitute constructive
termination or forced termination of the applicants’ employment. this shown in another case of
The employers are not permitted to alter contractual terms unilaterally unless there are provisions
in the contract allowing them to do so.

There are some circumstances in which contract of employment can be changed or modified,
those changes shall complying with the provision of the Law governing Labour or contract of
employment at all.The laws are clearly stated under sections of Employment and Labour
Relation Act (supra).

When the Law change ,By order of the Court or an Arbitration order.

1
Mwakisiki, M.E; The Law on Employment and Labour Relations in Tanzania. A Comprehensive Student Training
Manual. Moshi Cooperative University: Moshi 2019.
2
Jefferson Michael; Principles of Employment Law, Fourth Edition,London:Cavendish Publishing Limited, 2000.
3
Section 14(4) Employment and Labour Relation Act [CAP 366 R.E 2019]

4
According to section 4 of the Employment and Labour Relation Act(ibid),provide the meaning
of the word employer to mean the one who employ an employees this including Government and
executive agency. And employee to mean any person interred into contract of employment also
if is not client or customer of any activities undertaken by an individual or by the Minister as per
section 98(3).

5
Revision No.223 of 2008; High Court of Tanzania-Labour Division at Mwanza,
According to section 28(1)(a),6 clearly explained that once there changes on the Law or Cort
order or Arbitration order even wage that agreed in the terms and conditions during formation of
the contract may be changed. More over in the case of Karimu Babu Bablia v Tanzanian
Telecommunication Corporation Limited,7 the case involved the changes in the Law where
2017 there were enactment of Law based on Telecommunications in Tanzania, The applicant
were automatically transferred into new corporation under new employer and new recruitment in
which to him was unfavorable and decided to retired voluntarily. The Court upheld the decision
of the Arbitration that, “there was no breach of contract as what respondent did was just to
implement the Law, that change in the Law did not mean contract of service between the parties
would be automatically terminated in the event there is frustration by operation of law”.

When there is negotiations between trade Union and employer.

Technically such negotiations known as Collective bargaining,the agreement is always relates to

various issue’s. According to section 48explain the meaning of collective agreement to mean
formal agreement between registered trade Union and employer or the association of employers
based on the matters of labour.The trade Union is the bargaining agent for the Labour
matters.9section 68(1) and (2) of the said Act give the duty both sides (employers association and
employees trade union) of bargaining in good faith.

Once there is the need to improve productivity by changing work practice.

Change of technology and increase of machine.

It is true that no any association works for gain loss, all need to maximize profit in their works.
There for it is possible to change work practice for such purposes. 10 However such change will
be invalid, save it is not inconsistent with section 15(4) of Employment and Labour Relation Act
(supra). Under this it is very important to differentiate between work practice and fundamental
terms and conditions of the contract of employment, employer has prerogative right to change
the work practice even without consultation with employee but not terms. Consider the case of A
Maulchle LTD v NUMSA11,in this case employer proposed to run three machine instead of the
usual two machine, he did so because of the huge increase of demand of the plant used in
production of motor vehicle equipment. The employees refuse to complying with the changes
hence the owner threaten to dismiss them all. Court had this to say, “While is unlawful to change
the terms and conditions of employment through instructions, However in this case what was so
proposed to be changes was not fundamental terms of contract rather it was just a mere practice.

Change in place of work or recruitment

6
Employment and Labour Relation Act [CAP 366 R.E 2017]
7
[2020] HCD 13.
8
Employment And Labour Relation Act[CAP 366,R.E 2019].
9
Ibid
10
Aurgent,M &Lewis D; Employment Law (5th Ed).London: Longman.2010
11
[1996]16 ILJ 349
According to section 23(2)12,prohibit any trade union or employer’s Association to change
recruitment other than prescribed by the Law. However, movement done for the reasons of man
power ratinalization,plant organisation or closure of office or factory.13per section 15(1)(f)require
employer to supply place of work in formal way. The here are some circumstances in which
employer required employees to move from one place to another place of work within a field
employed therein,it may be for the closure of factory reason or

Change in the hours of work

Asper section 15(1)(g) of the Employment and Labour Relation Act (supra),and section 19 whole
explain about working hours under employment of contract where by one required to work for
six day in any week,45hours any week, and nine hours in any day more over it prohibit
employees to work more than 12hours save there is an agreement or more than 50 hours in a four
week and employer shall pay for over time wage as prescribed by the Law.

The general position is that contracts of employment can only be varied by agreement. However,
in the employment field an employer or for that matter an employee can reserve the ability to
change a particular aspect of the contract unilaterally by notifying the other party as part of the
contract that this is the situation. However, clear language is required to reserve to one party
unusual power of this sort.14

STATUTES

Employment And Labour Relation Act[CAP 366,R.E 2019].

Employment and Labour Relations Code of Good Practice(General)Regulations of 2017

CASE LAWS
March L.Lumanija & Another vs Tanganyika Bus Service Co.Ltd. of 2008.HCD 223

12
Employment and Labour Relations Code of Good Practice(General)Regulations of 2017
13
Payne,D;Employment Law Manual. London.1967
14
Irving,M;The Contract of Employment (1stEd).Australia:Lexis Nexis.2012.
A Maulchle LTD v NUMSA [1996]16 ILJ 349
Karimu Babu Bablia v Tanzanian Telecommunication Corporation Limited (2020) TLR

BOOKS

Aurgent,M &Lewis D; Employment Law (5th Ed).London: Longman.2010

Irving,M;The Contract of Employment (1 Ed).Australia:Lexis Nexis.2012

Jefferson Michael; Principles of Employment Law, Fourth Edition,London:Cavendish Publishing Limited, 2000.

MANUAL
Mwakisiki, M.E; The Law on Employment and Labour Relations in Tanzania. A Comprehensive Student Training
Manual. Moshi Cooperative University: Moshi 2019

Payne,D;Employment Law Manual. London.. 1967

.