LABOUR LAWS AND LABOUR

RELATIONS
 Rights and Duties in Employment
General Remarks
The employment contract contains rights and duties to the
employer and employee. The rights and duties may be express
terms or implied terms.
Express terms are the terms which provide rights to the
employees/employer which are incorporated in a contract or in
the collective agreement while implied terms are the terms which
provide rights to the employer/employee which are stated by
labour laws.
Thus, while the express terms provides for the express rights and
duties, the implied terms provide for the implied rights and duties.
 Rights and Duties
Rights of the Employees
Rights of the employees are the following:-
i. Leave,(KUONDOKA)

ii. Remuneration (salary),

iii. Overtime,
iv. Hours of work,
v. Resting,
vi. Holidays, and
vii. Leaves
(MAJANA).

These are the rights which are express and also implied agreed by
between the employee and the employer.
 Rights and Duties
Hours of Work
Hour of work means working time or period of time that the
employee spends at the work place, working. It is the time or
duration in which the employee works for his employer and for
which the employee is paid. Hours of work are grouped into days
and hours.
Section 19 (2) of the Act provides for hours of work. According to
this section hours of work in Tanzania are the following:-
• 6 days in any week,
• 45 hours in any week,
• 9 hours in any day.
 Rights and Duties
Overtime
Overtime means hours of work or working hours beyond
established limit. It is hours of work in addition to those of a
regular schedule. Where there is a need of the employee to
work more than 9 hours in a day, then there must be a
special agreement to allow or require the employee to work
over time.
Section 19(3) of the Act provides for over time working.
According to this section overtime arises/exists where and
only where there is express agreement between the
employer and the employee to work over time.
 Rights and Duties
Payment for Over time Working
Section 19 (5) of the Act provides for the payment for
overtime working. The employee who works over time is
entitled for payment for extra hours worked. According to
this provision payment for extra hours or over time worked
is daily wage rate times 1.5 times number of over time hours
worked.
However the calculation provided for under section 19(5) of
the Act is the minimum level of over time payment. The Act
allows the employer to create or fix another formula which
will give more payment to the employee.
 Rights and Duties
Remuneration
Remuneration means payment in the form of salaries or
wages paid in monetary basis for service rendered. It is paid
by the employer to the employee for the work or job the
employee has performed. According to section 27 the
employer should pay the employee remuneration in
monetary form.
This section further provides for payment of remuneration
must be paid in during working hours, at the place of work,
on the agreed pay day, in cash or by cheque or by direct
deposits into the Account of the employee. 
 Rights and Duties
If the remuneration is paid in cash, then the money or cheque
must be put in envelop which is sealed. Section 27(2) of the Act
provides that after the remuneration to be paid in cash, cheque
or direct deposit into the Account of the employee, there must
be a written statement to be issued to the employee-salary slips.
Section 27(3) of the Act allows payment of the remuneration to
the employee at the end of each month, if the contract of
employment is monthly basis.
Again the section provides for possibility of paying the
remuneration in advance, allowance in kind but not alcoholic,
beverage or noxious drugs.
 Rights and Duties
Deduction of the Remuneration
Section 28 of the Act prohibits the employer to deduct the
remuneration of the employee. So the employer should not
deduct even a cent from the remuneration of the employee.
However, where there are certain circumstances, the employer
may then deduct certain amount from the remuneration of the
employee. The circumstances are:-
-Where there is a written law, court order, collective agreement,
wage determination or arbitration award,
-Where there is a debt and the employee agrees to the
deduction of his remuneration to pay the debts.
 Rights and Duties
Leaves
Leave is an amount of time in terms of number of days in every
year that the employee is entitled to be away from working place.
It is a paid holiday that every employee who works under
pensionable or permanent contract of employment receives for
each completed year.
But there are some employees who are not entitled top annual
leave. These are casual employees, apprentice employees or
trainees.
There are six types of leaves. These are annual leaves, sick leaves,
maternity leaves and compassionate leave.
 Rights and Duties
Annual Leave
Annual leave means number of days per year that an
employee is entitled to be away from work. It is absence
from work with payment of salary which the employee is
entitled for certain duration in every year. In other countries
annual leave is known as vacation.
All the employees who have worked for at least six months
by the same employer is entitled to annual leave.
The annual leave is granted with payment of remunerations.
This is provided for under section 29(1) and (2) of the Act.
 Rights and Duties
This means that when the annual leave accrues the
employer shall allow the employee to take annual leave. No
employer should substitute payment for annual leave.
Section 31(7) of the Act prohibits the employer to buy or
purchase annual leave from the employee.
Section 31 of the Act provides for the length of annual leave.
According to this section annual leave is of twenty eight
consecutive days in every leave circle.
These 28 days include all weekends, public holidays and
other statutory resting days which fall within that period of
28 days.
 Rights and Duties
Sick Leave
Sick leave is a leave of absence from work because of
ailment or illness. It is employee benefit in the form of paid
leave and addresses their health and safety without losing
their jobs. Section 32 of the Act provides for sick leave.
According to section 32(1) of the Act the length of sick leave
is only 126 consecutive days in every leave circle. These 126
days have been grouped into two categories of 63 days each.
Section 32(2) of the Act provides for the right of the
employee in relation to payment of remuneration during sick
leave.
 Rights and Duties
According to section 32(2)(a) of the Act the employee is
entitled to be paid full remuneration during sickness for
the first 63 days.
But where the employee continues to fall sick for other
63 days then that employee is entitled to only half
remuneration.
In order for the employee to be entitled sick leave he has
to produce medical certificate from registered Medical
Officer.
This is provided for under section 32(3) (a) of the Act.
 Rights and Duties
Maternity Leave
Maternity leave is a parental leave which is the benefit of the mother
employee. It is absence from work with payment of salary granted to the
mother employee to prepare for/care of the child. Section 33 of the Act
provides for maternity leave.
There are two forms of maternity leaves. These are pre-natal and post
natal maternity leaves. Pre-natal maternity leave is the form of
maternity leave which is granted to the mother parent before delivery or
birth of the baby.
Section 33 (2) (a) of the Act provides for pre-natal maternity leave.
According to this provision pre-natal maternity leave may commence at
any time from 4 weeks before the expected date of confinement
(delivery).
 Rights and Duties
But where medical officer advices that the mother parent
should start pre-natal maternity leave earlier than, then the
mother parent will be allowed to start pre-natal maternity
leave earlier than that time. Section 33 (1) of the Act
requires that the mother employee who intends to take
maternity leave to issue notice of intention to the employer.
This notice is required to be issued at least three months
before the expected date of birth. The notice should be
supported by a medical certificate from certified medical
officer. The medical certificate must be from the registered
doctor.
 Rights and Duties
Post natal maternity leave is the leave granted to the mother
parent after delivery or birth of the child. Section 33(2) (b) of
the Act provides for post natal maternity leave.
According to this provision post natal maternity leave
commences from the date the mother parent delivers a child.
Length of the Maternity Leave
There are two categories of the length of the maternity leave.
These are minimum length and maximum length of maternity
leave. Section 33 (3) of the Act provides for minimum length
of maternity leave.
 Rights and Duties
According to this section minimum length of maternity leave
is six weeks from the date of confinement. Section 33(6) (a)
and (b) of the Act provides for maximum length of maternity
leave. According to this section maximum length of maternity
leave is in two categories.
-Where the mother delivers a single child the maximum
length of post-natal maternity leave is 84 days. This is
provided for under section 33 (6) (b) of the Act.
-Where the mother delivers twins, triplets, quadruplets or
semease the maximum length of post-natal maternity leave is
100 days from the date of confinement.
 Rights and Duties
Terms of Maternity Leaves in Working Period
The employee is entitled to maternity leave up to four terms
throughout working duration with one employer. This is
provided for under section 33(8) of the Act.
So the employee is allowed in law to have only four maternity
leaves and no longer. This means in case the employee has
already taken four terms of maternity leave for the whole
period she has worked with the same employer, such
employee is not allowed to take another maternity leave.
Therefore if she becomes pregnant, she is not entitled to any
pre-natal or post natal maternity leaves.
 Rights and Duties
Paternity Leave
Paternity leave is a parental leave which is the benefit of the father
employee. Paternity leave is granted to the father parent to
enable him to make arrangements for the welfare of the child.
Paternity leave is provided for in section 34 of the Act. According
to this section any employee who is the father of the child is
entitled to days off duty (resting days) as paternity leave.
Section 34(1) (a) of the Act provides that the length of paternity
leave to be three days.
However these three days are required to be taken by the father
parent within seven days of the birth of the child.
 Rights and Duties
Compassionate Leaves
Compassionate leave is the leave granted to the employee to
assist him/her when there is sickness of the child or spouse
(husband/wife) of that employee.
Compassionate leave is the leave granted to the employee to
enable that employee to take care of the sick child or
spouse of that employee.
This leave is provided in section 34(1) (b) (i) of the Act.
According to this provision where the child of the
employee or the spouse of the employee is sick, the
employee may be given compassionate leave.
 Rights and Duties
Bereavement Leave
Bereavement leave is the leave granted to the employee
when there is death of child, spouse, parent, grandparent,
grand child or sibling of the employee. This leave is
provide for under section 34(1) (b) (ii) of the Act.
Bereavement leave is the leave granted to the employee to
enable him/her to attend funeral/burial and to mourn for
the death of his/her spouse, child and other blood related
relatives (siblings). Sibling as it is mentioned in the
foregoing provision means a blood related person
(relative) in the clan of the employee.
 Rights and Duties
In case there is death of a child of the mother employee and that
child dies within the period of one year of its birth, then such
mother employee is entitled to 84 days of bereavement leave.
This is provided for under section 33(7) of the Act.
In case of death of child who is older than one year and death of
spouse or any other relative then the length of compassionate
leave to each of the parent is four days within leave cycle, as it
is provided for under section 34(1) (b) of the Act.
The employee may take more days for bereavement leave if it is
not paid. This is provide in the second part of section 34(3) (b)
of the Act.
 Rights and Duties
Any employee who wants to take compassionate or bereavement
leave is required to prove the event for which such leave is asked
for. This requirement is provided for under section 34 (2) of the
Act.
The employee, who wants to take compassionate leave with
respect of his child, must prove that he is the parent of the child
and that the child is sick. However proof of parenthood in this
context does not means proof of parenthood by birth or proof of
marriage.
The employee who is a parent of a child by adoption may prove
parenthood by producing court decree granting him/her right to
adopt that child.
 Rights and Duties
Public Holiday
Public holiday means legal holiday authorized by law and
limiting work or official business. This includes official
observance of religious, national or cultural significance
which may or may not accompany by celebrations.
Public holiday is a day of resting where no duty/work is done.
The Act prohibits the employer to require or permit the
employee to work on public holidays.
Public holidays are the days which are declared to be so by
the President under the Public Holidays Act, CAP 35 RE
2002.
 Rights and Duties
Section 2 of the Public Holidays Act provides that the days set out
in the Schedule to this Act shall be observed as public holidays
in every year.
The Schedule lists the following to be Public Holidays. These are:-
i. New year day-1st January,
ii. Revolution day-12th January,
iii. Id-ul-Fitr-two days,
iv. Good Friday-one day,
v. Easter Monday-one day,
vi. Id-ul-Haj-one day,
 Rights and Duties
v. Union Day-26th April,
vi. Karume Day 12th April
vii. International Workers Day-1st May,
viii. Maulidi Day-one day,
ix. International Trade fair Day-7th July,
x. Peasants’ Day-8th August,
xi. Nyerere Day-14th October,
xii. Independence and Republic Day-9th December,
xiii.Christmas Day-25th December, and
xiv. Boxing Day 26th December.
Section 25 of the Employment and Labour Relations Act requires the employee
who works on public holiday is to be paid double the basic wage for each
hour worked on that day.
 Rights and Duties
Resting
There are three (3) types of rest break in working arena. These are
rest breaks, daily resting and weekly resting.
Rest Breaks
In every working days and if the employee works for more than five
5 hours continuously, the employer shall allow or permit the
employee to have break of at least sixty 60 minutes. This sis
provided for under section 23(1) of the Act.
But where the work which is performed by the employee cannot be
left unattended or cannot be performed by another employee,
the employer may not allow such employee break in working day.
 Rights and Duties
Daily Resting
Daily resting is resting in working during 24 hours or one day of
working. This is known as overnight daily resting. Section 24 of the
Act provides for daily resting.
Section 24 (1)(a) provides that in every working day, the employer
shall allow the employee a daily resting period of at least twelve 12
consecutive hours.
Section 24(2) of the Act allows daily rest hours to be reduced from 12
hours to 8 hours if:-
(i). There is agreement between the employee and employer, and
(ii). The ordinary working hours are interrupted.
 Rights and Duties
Weekly Resting
Weekly resting is the resting of the employee in every week.
According to the Act, employees are required to work for only six
days in any week.
As one week has seven days, it means that there is one day in
which the employee is required to have complete resting in every
week. This is provided for under section 24(1) (b) of the Act.
However the Act does not mention the day to rest for weekly
resting.
As a general rule weekly resting is every Sunday (week-ends).
However the employer may describe any other day apart from
Sunday to be a day for weekly resting.
 Rights and Duties
Duties of the Employee
The employee has duties to his/her employment and to
his/her employer. The duties of the employee are also the
rights of the employer from his/her employee.
Like the rights of the employee, the duties of the employee
originated from the letter of employment, law, collective
agreement or from custom and practices depending on the
nature of the employment.
The employee is bound to perform his/her duties toward the
employer before claiming his/her rights from the employer.
 Rights and Duties
Duty of Faithful Service
(MWAMINIFU)

The employee is obliged to serve their employer faithfully

because the relationship between the employer and
employee is one of trust and confidence.
This duty involves an obligation on the employee to respect
confidence, take care of employers property, account for
moneys received in the performance of duties and not
disrupt the employers business.
Thus any attempt by the employee to use his position for
personal gain/benefit constitutes breach of employment
contract.
 Rights and Duties
Duty to Respect the Employer
The employee is required to respect the employer during
working hours and at the work place.
In respecting the employer, the employee is expected to use
proper language, to call the employee names/ranks according
to nature of the work and to comply to any lawful order which
the employer may prescribe/command to the employee.
If the employee disobey the employer, that is illegal and in
labour law it is known as insubordination.
Insubordination is one of the reasons for termination of
employment by the employer.
 Rights and Duties
Duty of Confidentiality
Confidentiality means secrecy. The employee is under duty to
make sure that he/she does not disclose/divulge any
information of the employer which is, by nature of the work,
confidential.
Information which is confidential differ from one work place to
another. Confidential information include “trade/business
secrecy.”
However confidential information does not include the
information which concerns the employee himself/herself. For
example his/her marital status, his/her salaries, his/her benefits.
 Rights and Duties
Duty to Use Skill and Care
The employee has a duty to perform his work competently,
using reasonable skill and care. The employee is obliged to
take care of the employer’s property.
The breach of the duty to use care and skill entitles the
employer to claim damages in respect of the negligent
performance of the contract.
In the same way an employee who negligently allows his
employer’s property to be stolen or causes it wilful damage
breaches his contract and may be liable to dismissal.
 Rights and Duties
Duties of the Employer
There are necessary terms which are implied in every contract
of employment by law. Some of these duties are a result of
customs, common law or practice but most of them are a
result of statutory law.
It is important to know the duties on the side of the employer
in order to meet/ fulfil industrial targets of the employer.
The duties of employer include but not limited to duty to
provide work, duty of mutual respect, duty of confidentiality,
duty to indemnity and duty to ensure employee’s safety.
 Rights and Duties
Duty to Provide Work
It is the duty of an employer to provide work for the employees.
The work provided by an employer must be in accordance with
the contract of service.
It means that the employer cannot give an excuse for not providing
work to his employee so long as the employee is ready to work.
Failure of the employer to provide work to his employee is
detrimental to the employer. This is because the employer is
supposed to pay the employee’s wages at the same rate as if he
has actually performed the kind of work that as reserved under
the contract of employment.
 Rights and Duties
Duty of Mutual Respect
The employer has the duty to treat his employees with due
respect, consideration, mindful of their needs and
sympathetic to their problems. This duty arises at the
outset of the contract and continues during its
performance up to its termination.
The employer therefore should not carry on the provocative
conducts towards his employees. This duty is so much
linked in relation to the disciplinary or dismissal policies
where it is alleged that the employer has been carrying
out himself provocatively.
 Rights and Duties
Duty of Confidentiality
The employer is duty bound not to disclose any
confidential information about his/her employees to
third persons. Thus, the employer cannot disclose a
confidential information concerning without the
employee’s consent.
This is because the employer comes into the
possession of that information only for the purposes
of employment relationship and not for any other
purpose.
 Rights and Duties
Duty to Indemnify
Where an employee reasonably incurs any expense in the performance
of his/her duties he/she is to be reimbursed by the employer. These
include costs of travelling, lodging and others of the like nature.
Where it happens that the employer has not provided such allowances,
then where the employee spends his/her own money for any
transaction related to his/her job, he/she should be reimbursed by
the employer.
This duty covers even situations where the employee commits a
wrongful act, if the wrong was done for the employer’s business and
was authorised or if the employee was acting under the employer’s
orders.
 Rights and Duties
Duty to Ensure Employee’s Safety
The employer has a duty to take reasonable care to ensure the
safety of their employees. The employer is in duty to ensure
safety system at work places. It encompasses the obligation of
the employer to provide safe plant and appliances, appropriate
safety equipment, safe work methods and safe fellow workers.
This duty is an aspect of the law of negligence which requires that
the activities of one person should not cause injury to others.
However, there are a number of statutory provisions which are
aimed at ensuring that employers provide safe working
environment.