Employment Security

Written Employment Particulars

Tanzanian labour Law requires that workers should be provided written employment contract at the start of employment except those who work less than 6 days in a month for an employer. The employment contract may be of definite or indefinite period or for a specific task. Employment contract must be in writing if it provides that the worker is to work outside the United Republic of Tanzania.

An employment contract must state the following information: name, age, permanent address and sex of the worker; place of recruitment; job description; date of commencement; form and duration of the contract; place of work; hours of work; remuneration, the method of its calculation, and details of any benefits or payments in kind, and any other prescribed matter. However, if these particulars have already been provided in employment contract, employer may not furnish the written state of employment particulars.

The employer must ensure that all the written particulars are clearly explained to the worker in a manner understandable by the worker. If there is a change in any of the written particular, the employer is required to revise the written particulars in consultation with the worker to reflect the changes. Employer must notify the worker about the change in writing.

The employer is obliged to keep the written particulars for a period of five years after the termination of employment. If an employer fails to produce a written contract in any legal proceedings, the burden of proving or disproving an alleged term of employment is on the employer. Every employer has to display a statement of employee's right in a conspicuous place.

Source: §14-16 of Employment and Labour Relations Act 2004

Fixed Term Contracts

Tanzanian labour Law prohibits hiring fixed term contract workers for tasks of permanent nature. A contract of employment may be concluded for an unspecified (indefinite) period of time, for a specified period in the case of professionals and managerial cadre and for a specific task. There is no other provision in the Employment and Labour Relations Act, 2004 on number of times a fixed term contract may be renewed or the maximum length of fixed term contracts.

If a worker continues working after the expiry of fixed period, the rights and obligations remains the same, in the absence of any agreement to the contrary, as they were at the expiration of the term. If there is no fixed duration of the partnership, any partner may determine the partnership at any time on giving notice of his intention to all the other partners.

Source: §14 of the Employment and Labour Relations Act 2004, §197 & 200 of the Law of Contract Act CAP 345

Probation Period

There is no explicit provision in the Employment and Labour Relations Act 2004 about probation period. However, this act implicitly requires a probationary period of 6 months by saying that a worker with less than 6 months of employment may not bring an unfair termination claim against the employer.

Source: § 35 of Employment and Labour Relations Act 2004

Regulations on Employment Security

  • Employment and Labour Relations Act, No. 6 of 2004 / Sheria ya Ajira na Mahusiano Kazini Sehemu ya 6 ya 2004
  • Public Holidays Ordinance, 1966 / Sheria ya sikukuu za kitaifa, 1966