Equal Pay
In accordance with the Constitution of Tanzania, all human beings are equal before the law. The Constitution also recognises the right to work and the right to just remuneration. All persons working according to their ability are remunerated according to the measure and qualification for the work.
The Employment and labour Relations Act, 2004, also requires every employer to take steps to ensure that men and women workers are paid equally for work of equal value.
Source: §12-13 & 23 of the Constitution of Tanzania; §7(10) of the Employment and labour Relations Act 2004
Non-Discrimination
In accordance with the Constitution, discrimination means to satisfy the needs, rights or other requirements of different persons on the basis of their nationality, tribe, place of origin, political opinion, colour, religion, sex or station in life such that certain categories of people are regarded as weak or inferior and are subjected to restrictions or conditions whereas persons of other categories are treated differently or are accorded opportunities or advantage outside the specified conditions or the prescribed necessary qualifications except that the word “discrimination” shall not be construed in a manner that will prohibit the Government from taking purposeful steps aimed at rectifying disabilities in the society.
Employment and labour Relations Act, 2004 also prohibits discrimination, directly or indirectly, against a worker in any employment policy on the basis of colour, nationality, tribe or place of origin, race, national extraction, social origin, political opinion or religion, sex, gender, pregnancy, marital status or family responsibility, disability, HIV/aids, age or station of life. However, it is not discrimination to take affirmative action measures consistent with the promotion of equality or the elimination of discrimination in the workplace; to distinguish, exclude or prefer any person based on an inherent requirement of a job; or to employ citizens in accordance with the National Employment Promotion Services Act, 1999. Any person who contravenes these provisions commits an offence. If convicted, such a person would be liable to a fine not exceeding five million Tanzanian Shillings.
Discrimination in employment on various grounds (sex, race, religion, etc.) and sexual harassment were already prohibited under the 2004 law, with sexual harassment treated as a form of discrimination. However, the law did not differentiate such cases in terms of remedies – the default minimum 12 months’ compensation for unfair termination applied, with no special consideration to severity beyond tribunal discretion. Under the 2025 amendment, terminations involving discrimination or sexual harassment are singled out for higher compensation (up to 12–24 months’ wages), reflecting their gravity.
Source: §13 of the Constitution of Tanzania, §7, 40(1) & 102 (3) of the Employment and labour Relations Act 2004
