MUSLIM UNIVERSITY OF MOROGORO

FACULTY OF LAW AND SHARIAH

COURSE TITLE: LABOUR LAW

COURSE CODE: LW 3103

COURSE INSTRUCTOR: DR. FERDINAND .M. TEMBA

NATURE OF WORK: GROUP ASSIGNMENT

GROUP NO: 02

SUBMISSION DATE: JAN, 2021

PARTICIPANTS

S/N NAME REGISTRATION NUMBERS

1 HAMISI. Y. ALLY 2018-04-03348
2 YUSUPH DAUD JONGO 2018-04-03151
3 ASHIRAFA .S. JOHN 2018-04-03577
4 SULTAN .O. KAMBANGWA 2018-04-03353
5 MWANAUWANI SAID ALLY 2018-04-03204
6 HALIMA .M. MAGENI 2018-04-03173
7 FARHAT .S. MAKAME 2018-04-03276
8 THANIA A. KHALFAN 2018-04-03615
9 SULEIMAN .S. MRISHO 2018-04-02911
10 IDDI .M. OMARY 2018-04-02910
11 FATMA ABDUL-KADIR ALLY 2018-04--03503

QUESTIONS: 2. Permanent contract, hourly contract, daily contract, weekly contracts etc have
become an established feature of Tanzanian labour markets in modernizing labour law to meet
the challenges of the 21 century. Are the current Tanzanian employment laws flexible enough to
cope with such changes in the labour market and increasing employers demand for greater
flexibility? Support your answer with authority
Abstract

This work intended to evaluate the new labour laws and their implications in meeting the
challenges of 21th century for employers and the labour market generally by showing its
successful to cope and how does it failed to cope with changes in Labour market and increasing
employers demand for greater flexibility. Therefore, this work commence firstly, by diving
briefly concept of labour law, further looking into the background to the labour law reforms in
Tanzania and the process adopted in carrying out the said reforms. Secondly, it mentioned the
reasons, though in few, why these reforms were inevitable. Thirdly, the paper points out some of
the reasons of the new labour laws from the point of views both how does it cope and not cope in
labour market for increasing employers demand for greater flexibility. Thereafter, the work
draws some recommendations before concluding the presentation.

1.0 Introduction

Labour law refers to the rules and regulations which set out to administer employer-employee
relationship or tripartite relationship: Not only that, instead, labour law went further in
mentioned other matters such like Trade Unions, remuneration, conditions of works and
industrial relation.1 But, unfortunately, labour law could have nothing to do unless and until there
is occurrence of contract of services between the parties. Nature of contract may be in terms of
Private to mean two parties: employer and employee enter into contract and binding them, OR,
Collective whereby employee's organizations enter into contract with employer's association
purposely to give more power in bargaining their interest.

1.1 Background of labour law

Till the mid of 1980s the Tanzania government determine that, changes which they made since
Independence like adoption of Employment Act and Industrial Court Act which basically
originated from British Employment Ordinance were not adequately responding to meet the
changing of labour market conditions not only in regional level and global economy but also
even within the domestic labour market. As a result the Government adopted and began to
implement socio-economic reforms purposely to meet such changes. Thus, up to 2000s Tanzania
began to initiate changes in labour market to cope with challenges2.

1.2 Process of reforms in labour law

Regarding the fact that, law reforms taking long processes as labour law concern, involves sets
of reforms. Thus, in Tanzania reforms began in October, 2001 when the Minister for Labour,
Youths Development and Sports appointed a Task Force by then chaired by Honourable Mr.
Justice Mrosso from the Court of Appeal of Tanzania to check labour laws and institutions,
labour market policies and to make recommendations to the Minister. Furthermore, the Task
Force was required to look the following main areas of labour laws particularly; employment
law; labour relation law; dispute prevention and settlement mechanisms; the legal structures and
regulatory framework; occupational health and safety; worker's compensation; and employment
promotion. After dive into the process towards reforms Task Force identified that, the task needs

1
Temba, F( 12/06/2020 ). Introduction to Tanzania Labour Law, power point presentation: Muslim University of
Morogoro.
2
Cornel K. Mtaki, the New Labour Laws in Tanzania: Implications for Employers, Employees and the Economy,
Paper presented at a policy Dialogue Seminar on New Labour Laws in Tanzania at conference Hall of the Economic
and social Research Foundation, 12th Sept, 2005
enough time to accomplish it.3 Thus, they divided the task into two phases: firs phase, focused to
deal with four areas as aforementioned thereafter. As the resulted formation of two Bills which
enhance enactment of two law's: The Labour Institutions Act and Employment and Labour
Relation Act. As time went on Task Force in their proceeding with second phase successful to
enact others laws includes: Employment Security Act, Worker's Compensation Act and Code of
Good Conduct Act.

1.3 Nothing exist without any grounds for its existence, thus changes in labour law occurred due
to the two major factors; one, external factor which includes, influences from globalization and
two, internal factors which includes; laws regulating employment standards were too many and
outdated, disputes resolution procedures were too length and complex, Ministers may
responsible to decides disputes relating to the termination of employment. Therefore, reforms in
labour laws become inevitable.4

2.0 As regard to the arguments demonstrate to what extent the current Tanzanian labour laws
flexible enough to cope with the changes in the labour market and increasing employers demand
for greater flexibility, clearly are presented hereunder;

Formation of trade unions or employers’ association; this meaning that the coming into force
of the new labour laws grants the right of formulating the trade unions or association by
employers as provided subject to section 10 (1) (a)5;

“(1) Every employer shall have the right,

(a) To form and join an employers’ association”

As the matter of fact through these trade unions the employers are permitted to participate on all
matters pertaining to the employers’ associations, they may discuss on how to regulate the
matters relating to the labour market for the increasing of productivity as enshrined under section
10 (1) (b)6;

3
Ministry of labour(2001). Youth Development and Sports: First Report of the Task Force on Labour Law Reforms.
4
Temba, F( 12/06/2020 ). Introduction to Tanzania Labour Law, power point presentation: Muslim University of
Morogoro.
5
See The Employment and Labour Relation Act, Cap 366 { R.E 2019 }
 “to participate in the lawful activities of an employers association”

For example the Association of Tanzania Employers (ATE), this is the most representative
employer organization in Tanzania. It was formed to represent and protect the interest of
Employer on Labour and employment issues.

Existence of organizational rights; as regard to this ideally these rights observed after the
establishment of the employers’ association. Those rights including right to establish a field
branch, right to deduct union fees from employees and remit them to the trade union 7. Actually
an exercise of these rights by employers on the labour market may agitate on the increasing and
reaching far of the employers’ demands. One may comprehend those rights granted by the new
labour laws by glancing on section 11 (a)-(e)8 .

Collective bargaining; the introduction of new labor law in Tanzania tend to introduced the new
form of collective bargaining, in which employer shall bound to begin bargain with the
recognized trade union and it is the duty of the employer and employee to bargain in good faith
in term of making wages, terms and condition of the employment over the employer and
employee, Employment allowance and other. In the case of Knox v Down District Council 9,
Lord Denning stated that
“a collective agreement is an agreement made between an employers’ association or a single employer, on the one
hand, and a trade union on the other, which as well as laying down the procedure which will govern the
relationship between the signatories, will also provide for the terms and conditions of employment of those covered
by the agreement”.
For effective bargaining employer must supply information to trade union. In Tanzania
Collective Bargaining established well under Section 66, 67, and 6810 and later the collective
agreement shall be bound after the last signature and the copy shall be lodge to the labor

6
Ibid

7
See Cornel K. Mtaki, the New Labour Laws in Tanzania: Implications for Employers, Employees and the
Economy, Paper presented at a policy Dialogue Seminar on New Labour Laws in Tanzania at conference Hall of the
Economic and social Research Foundation, 12th Sept, 2005
8
Ibid

9
(1981) IRLR 340
10
See Employment and Labor Relation Act, Cap 366.
commission. Also Article 411, speculate on the Right to organize the collective Bargaining of
which Tanzania is a contracting party, it is provided that governments should take Measures to
encourage and promote the full development and utilization of machinery for Voluntary
negotiation between employers’ organizations and workers organization with a view to the
regulation of terms and conditions of employment by means of collective agreement.
Dispute resolution mechanism; the introduction of new labour law in Tanzania led to the
introduction of different dispute resolution mechanism which used to resolve the conflict of
interest between the employer and the employee, and under this perspective there is different
organs like Labour court, tribunals example the under the labour court they introduced bipartite
and tripartite system where the court involve two assessor and one judge where one assessor
interest between employer and the employee represent the employer and other assessor represent
employee, hence the come to minimize the conflict of interest between employer and employee.

Establishment of a vibrant employment institutions; the coming of new labour law has
influenced to the establishment of various labour institutions which play a great role toward the
formulation of the various employment policies which boost the labour market in the modern
world, example under The labour institution Act, they established “Labour economic and social
council” where under section 5(1)(a)12 it states its function.

“…to advice the government through the ministry on any of the following-

(i)measure to promote economic growth and social equity;

(ii)economic and social policy; …”

2.01 Ideally on the other hand the current Tanzanian labour laws yet are seemed to have the
weakness in coping with the changes and increasing the employers demands in greater flexibility
as may be addressed hereunder;

11
The International Labour Organization’s Fundamental Conventions: Right to Organise and Collective Bargaining Convention
(No 98).
12
See The labour institutions Act, Cap 300 RE 2019
Increasing of cost to the employers; this is simply because it introduced the new allowance
which shall be paid out by the employer for those workers who worked at night time. Section 20
(4)13 provides that;

“an employer shall be pay an employee at least 5% of employee’s basic wages for each hour worked at night and if
hours worked are overtime hours, the 5% shall be calculated on the employee’s overtime rate”.

Therefore, that makes the employers to increase the cost of paying the workers; this may lead to
the employers to take the reasonable measures to fix their costs and increasing productivity, for
example may maximize the price of commodities in the market purposely to meet the challenges
of new labour laws.

Absence of clarification on some provisions; this is to say, within the new labour laws contain
some sections which do not justify what will be the exactly intention of the particular provision,
for example section 33 (10)14 does not clarify clearly end up time for leave work place for reason
of feeding baby instead it ceased to details the time of breast-feeding only as stipulated in the
provision;

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

Thus, it blocks demand of the employer in meet the greater flexibility especially in production to
meet the demand of market.

Prohibiting an employer to take disciplinary action upon an employee who is charged with
criminal offence until knowing of his or her destiny; whatsoever the criminal offence
committed by the employee law deny an employer to take any action relevant to the criminal
offence done by an employee this may cost an employer continue to pay wages even to those
employee who been out of work place hence hinder production which could enable employer to
terminate the employee who caught with criminal offence and replace by new one to meet with
greater flexibility of labour market and economic at large. It stipulated in section 37 (5)15 as;

13
See The Employment and Labour Relation Act, Cap 366, RE 2019

14
Ibid

15
Ibid
 “no disciplinary action in form of penalty, termination or dismissal shall lie upon employee who has been charged
with a criminal offence substantially the same until final determination by the court and any appeal thereto”.

2.02 Recommendations

There should be opening up of dialogue; this meaning that, the government in cooperation
with employers, employees and labour market stakeholders may conduct critical discussion on
ways and measures to be taken for improving labour laws which may agitate productivity and
being capable of competing in open market. Furthermore as regard to harmonize and consolidate
the employer-employee relationship as a catalyst to the increasing employers’ demand, the
government may focus on the tripartite form, this is to say the government has to act fairly as to
the balance of the interests of both parties in achieving the target of coping the changes of the
new market. Also by doing this, both employer and employer will be familiar clearly on their
duties as the result to the mitigation of the labour disputes on the labour regulatory machines.

There must be a redundancy of the clogs of law toward employers right to take disciplinary
action toward employee; this is to say that the law enacted must be free from fetters or clogs
which make an employer to lose the power of taking a disciplinary action over the employee as
seen in section 37(5)16 where it restrict an employer to take a disciplinary action toward an
employee who have been charged with the criminal offence until it proven by the court, the issue
was that how about the employee who was charged with criminal offence which is un bail able
offence in nature, this does not balance the conflict of interest since the employer pay wage to a
person who did not do work.

The law should create a specific provision which provide the clear meaning or clarify about
contract of service; it is known that under the labour law there is no a clear provision which
speculate about the contract of service, as the matter of fact that the law require that no one
should be regarded as an employee unless he is employed under contract of service, so there
must be a clear provision which make people to know well about the contract of service and its
rules.

3.0 To sump, the new labour laws as the replacement of the old labour laws designated due to the
need of the government on reaching far on socio-economic development. It deemed that such

16
Ibid
development can be achieved by focusing much on the employment sector which regarded as the
weak center. In regarding to the changes facing labour laws in Tanzania, the labour laws should
be improved so that to cope with such chaenges and being in good position of increasing
productivity as employer demand for greater flexibility and being capable to compete with
other products and services in the modern open labour market. Though the current labour laws
are into forcing meet with the current environment in the labour market but yet there are
weaknesses on the provisions which act as the hindrances on the employer productivity.
Therefore the government has to work on them as to favour the Tanzania labour market.

BIBLIOGRAPHY

BOOKS
Cornel K. Mtaki, The New Labour Laws in Tanzania: Implications for Employers, Employees
and the Economy, Paper presented at a policy Dialogue Seminar on New Labour Laws in
Tanzania at conference Hall of the Economic and social Research Foundation, 12th Sept, 2005

Ministry of labour (2001). Youth Development and Sports: First Report of the Task Force on
Labour Law Reforms.

Temba. F ( 12/06/2020 ). Introduction to Tanzania Labour Law, power point presentation:

Muslim University of Morogoro.

STATUTES

Employment and Labor Relation Act, Cap 366 RE 2019

The Labour Institutions Act, Cap 300 RE 2019

The International Labour Organization’s Fundamental Conventions: Right to Organise and

Collective Bargaining Convention (No 98).

CASES

Knox v Down District Council 1981) IRLR 340