Forms and Types of Contracts of Employment in Tanzania
A contract of employment can either be in writing or oral (expressed or implied). Section 14 (2) of the Employment and Labour Relations Act 2007 revised edition of 2019 states 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. The Employment and Labor Relations (General) Regulations, no 47 of 2017 defines Contract of Service as employing an employee for a period of time, or number of days to be worked or to execute a task or specific task, to perform a journey and includes a foreign contract of service. Section 14 of Employment and Labor Relations Act No.4 of 2006 revised edition of 2019 provides three types of employment contract in Tanzania; –
- A contract for unspecified period of time
This is not for a period of less than 12 months, and referred to as permanent until terminated by any reason recognized by law such as operational requirements and breach of contract, death or retirement.
- A contract for a specified period of time for professionals and managerial cadre
It’s an exact term contract that states the exact duration of time of the employment commencement and expiry, and ends immediately as per the expiry date indicates unless labeled otherwise by the employer.
- A contract for a specific task
It’s intended for the performance of a specific task, completion of the tasks means end of the contract.
What should be considered when preparing for a contract of employment?
Section 15(1) of the Employment and Labour Relations Act 2007 revised edition of 2019, states the written statement of particulars specifically for a written contract including:
- Names, age, permanent address and sex of the employee
- Place of recruitment
- Job description
- Date of commencement
- Form and duration of the contract
- Place of work
- Hours of work
- Remunerations, the method of its calculation and details of any benefits or payments in kind
If all the particulars referred 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 referred to in section 14.
Key matters for an employer to consider:
Yes, as per {section 15(3) of Employment and Labour Relations Act} states “if 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”
- Is an employer allowed to change the written particulars in the employment contract?
Yes, but under conditions as stipulated under section15(4)(1) of the Employment and Labour Relations Act 2007 stating “where any matter stipulated in subsection (1) changes, the employer shall, in consultation with the employee, revise the written particulars to reflect the changes and notify the employee of the change in writing”
- Must an employer notify their employee when their contract is about to end?
It is not necessary as the contract of employment indicates clearly the commencement and expiry of the contract as agreed by both parts.
- What is the maximum duration someone can serve in a casual employment role?
Labour law only recognizes contracts on specific tasks and disregard casual employment as guided by section 29(2)(b) of the Employment and Labour Relations Act of 2007 stating “an employee, with less than six months services 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 if the total period worked for that employer exceeds six months in that year”
The Labour institution Wage order section 4(3) GN no 196/2013 requires an employer to pay the casual employee the minimum wage rate or even above the minimum but not less than prescribed amount in the respective sector.
Probation period
The probation period may be extended for a further period after consultation with an employee, as the purpose of probation is normally to enable the employer to make an informed assessment of whether the employee is competent to do the job and suitable for employment as per rule 10(3) of the (code of good practice) rules of 2007.
Thus, as per the {Rule 10(4) code of Good Practice, no 42 of 2007} states “the period of probation should be of a reasonable length of not more than twelve months, having regard to factors such as nature of the job, the standards required, the custom and practice in the sector”
Hours of work
(i) What is the standard number of working hours and days for employees?
Ordinary hours of work as provided by the law requires an employee not to work more than 12 hours in any day {section 19(1) of the Employment and Labour Relations Act of 2007}. Moreover, section 19(2) of the Employment and Lab our Relations Act of 2007 states the maximum number of ordinary days ours that an employee may be permitted to work are;
- Six days in any week
- 45 hours in any week
- Nine hours in any day
(ii) Does break time count as working hours, and what is the appropriate duration for the break?
The working hours includes an hour for break guided by section 23(1) the Employment and Labour Relations Act of 2007 that an employer shall give an employee who work continuously for more than five hours a break of at least 60 minutes. Furthermore, subsection 2 of the same section above requires an employee to work during break if only the task cannot be left unattended or cannot be performed by another employee, and an employer shall not be obliged to pay an employee for the period of a break unless the employee is required to work, during the break {section 23(3) of the Employment and Labour Relations Act of 2007.
(iii) Is it acceptable for an employee to be scheduled to work on their weekly rest days and the public holidays recognized by the government?
Yes, it is acceptable to work on rest days and public holidays but only if an employee has agreed to do so and provided that the employer shall pay the employee double the employees hourly basic wage for each hour worked during the period {section 24(4) and section 25 Sect of the Employment and Labour Relations Act of 2007.
(iv) Are there any employees exempted from working at night shifts?
Yes, there are exemptions guided by section 20 of the Employment and Labour Relations Act of 2007 and includes;
- Pregnant employees, especially two months before the expected date of confinement or before that if the employee produces a medical certificate showing she is no longer fit to work on night hours.
- Mothers, for a period of two months after date of birth or before the date if the mother requests to work and if the medical certificates prove the mother and child will not be endangered and after birth if the mother produces a medical certificate indicating she is not fit or baby’s condition does not allow her to work on night hours.
- Children under the age of 18 years, and
- An employee who is medically certified as unfit to do night work.
(V) What is the compensation of an employer to the employee regarding night shift allowance?
Section 20 (4) of the Employment and Labour Relations Act of 2007 guides that an employer shall pay an employee at least 5%of that employees’ basic wage for each hour worked at night and if the hours worked are overtime hours, the 5% shall be calculated on the employees’ overtime rate.
