Labor law in Tanzania

Mainland Tanzania primarily applies the Employment and Labour Relations Act, Cap. 366, Revised Edition 2023, the Labour Institutions Act, Cap. 300, Revised Edition 2019, and rules administered through the Prime Minister's Office responsible for Labour, Employment and Relations. The Labour Commissioner, the Commission for Mediation and Arbitration, the Labour Court, the Occupational Safety and Health Authority, the Workers Compensation Fund and the National Social Security Fund handle different parts of the system. Zanzibar applies the Employment Act No. 11 of 2005, the Labour Relations Act No. 1 of 2005, the Occupational Safety and Health Act No. 8 of 2005, the Workers Compensation Act No. 5 of 2005 and the Zanzibar social-security legislation. Its institutions include the Labour Commission, Labour Offices, the Dispute Handling Unit, the Industrial Court, the Occupational Safety and Health Directorate and the Zanzibar Social Security Fund. There is no single Tanzania-wide employment procedure: a Zanzibar matter must follow Zanzibar institutions and rules, and a Mainland rule does not automatically apply there. Mainland rules cover employees, including public-service employees, but exclude the Tanzania Peoples Defence Forces, Police Force, Prisons Service, National Service, Fire and Rescue Force and Immigration Services Department. Sections 5 to 7 of the Mainland legislation still apply to those excluded services. Forced labour is prohibited. Children under 14 may not work, children aged 14 to under 18 may perform only light work, and hazardous work is prohibited for anyone under 18. Protection against discrimination covers colour, nationality, tribe or origin, race, national extraction, social origin, political opinion, religion, sex or gender, pregnancy, marital status, family responsibility, disability, HIV or AIDS, age and station of life. Harassment counts as discrimination, and equal pay applies to work of equal value. A Mainland employment contract may be for an unspecified period, a specified period for professionals or members of the managerial cadre, or a specific task. Written contract requirements apply to work performed in or outside Tanzania, subject to the narrow exception for work lasting fewer than six days in a month. The document normally identifies the parties and recruitment place, describes the job, states the start date, contract form and duration, workplace, working hours, remuneration and benefits. The employer must explain the terms when the employee cannot reasonably understand them, record changes in writing, display a notice of employee rights at the workplace and retain employment records for five years after termination. Mainland ordinary working time is generally limited to six days and 45 hours per week, with nine ordinary hours per day and an overall maximum of 12 hours per day. Overtime requires agreement, is generally limited to 50 hours in a four-week cycle and must be paid at no less than 1.5 times the basic wage. Night work is work between 20:00 and 06:00 and carries a premium of at least 5%. A worker should receive at least a 60-minute break after more than five continuous hours, 12 hours of daily rest and 24 hours of weekly rest. Pregnant employees, mothers, employees who are medically unfit for night work and employees under 18 have additional restrictions. Work on a public holiday is paid at twice the basic wage. A collective agreement may average up to 40 ordinary hours and 10 overtime hours per week over a period of no more than one year. For Mainland private-sector employment, the Labour Institutions (Minimum Wage for Private Sector) Order 2025, Government Notice 605A, took effect on 1 January 2026 and revoked the 2022 order. The monthly sectoral minimums include TZS 175,000 for crop and animal agriculture, TZS 185,000 for forestry, TZS 300,000 for fishing, TZS 230,000 to TZS 250,000 for health services, TZS 289,000 for communications and media, TZS 644,000 for telecommunications, TZS 380,000 for call centres, TZS 80,000 to TZS 328,000 for domestic work, TZS 195,000 to TZS 375,000 for hotels, TZS 197,000 to TZS 292,000 for security, TZS 297,000 to TZS 765,900 for energy, TZS 287,500 to TZS 498,000 for transport, TZS 398,500 to TZS 515,000 for construction, TZS 333,500 to TZS 695,000 for mining, TZS 276,500 to TZS 300,700 for private schools, TZS 200,500 for business, TZS 698,400 to TZS 733,000 for finance, TZS 200,000 for industrial work, TZS 287,500 for sport, arts, entertainment and gaming, and TZS 188,500 for waste services. The unspecified rate is TZS 175,000. A contract or collective agreement may provide better terms, and higher existing terms are preserved. Leave-travel allowance is paid once per two-year period where applicable, while subsistence and truck-driver allowances are generally determined by agreement. Zanzibar has its own wage framework. The current announced minimum wage is TZS 300,000 per month, with an official State House announcement that it will become TZS 500,000 per month from 2027. Mainland Government Notice 605A rates do not automatically apply in Zanzibar. Wages must be paid on the agreed payday by cash, cheque or direct deposit, and the employee must receive a written payslip. Deductions require a basis in written law, a collective agreement, a wage determination, a court or arbitration decision, or written consent for a debt. A deduction for damage is limited to one quarter of cash remuneration. Mainland annual leave is at least 28 consecutive days in each 12-month leave cycle, including public holidays. Certified sickness allows up to 126 days in a cycle, normally 63 days at full wage followed by 63 days at half wage. Paid maternity leave is 84 days, or 100 days for multiple births; an additional 84 days may apply if the child dies within one year, subject to a maximum of four paid maternity terms. A breastfeeding employee may receive up to two hours per day. Paid paternity leave is three days within seven days after birth. Four paid days may apply when a child, spouse, parent, grandparent, grandchild or sibling is sick or dies. Zanzibar evidence provides for 28 working days of annual leave in a 12-month cycle and maternity leave of 90 calendar days, or 100 days for multiple births; the current implementation and any amendment should be checked locally. Employers in Mainland Tanzania must register employees in a health-insurance scheme as required by the Universal Health Insurance framework. Workplace obligations include registration with the Occupational Safety and Health Authority, annual risk assessment, a written safety policy, statutory inspections, fitness medical examinations and safety representatives or first-aid training where required. The Workers Compensation Fund covers work injury, occupational disease and death in public and private Mainland employment. The employer registers and contributes 0.5% of gross wages. A claim generally has a maximum 12-month deadline, and medical assistance may continue for up to 24 months. In Zanzibar, the Occupational Safety and Health Directorate and the Workers Compensation Act perform corresponding functions under Zanzibar law. The National Social Security Fund covers Mainland private-sector employees, self-employed people and certain foreign or international-organisation employees. The total contribution is 20% of wages, with the employee share not exceeding 10%, and the employer must remit it within one month. Late remittance attracts a penalty of 5% per month. In Zanzibar, the employer must register with the Zanzibar Social Security Fund within 14 days, and the employee must be registered within 14 days of the contract. Contributions are normally 13% from the employer and 7% from the employee, plus a further 1% employer Fidia contribution introduced from 2023, making the total 21%. Remittance is due no later than 15 days after the end of the month. Zanzibar benefits include injury, maternity, unemployment, invalidity, survivor and retirement benefits. Employees in Mainland Tanzania may form or join a trade union and are protected against anti-union discrimination. A registered union with a majority in a bargaining unit becomes the exclusive bargaining agent. The employer must meet it within 30 days and bargain in good faith. A written collective agreement binds employees in the represented unit, including non-members. Strike and lockout rights depend on statutory procedure. Essential services include water and sanitation, electricity, health and laboratory services, firefighting, air traffic and civil aviation, telecommunications and required transport. For a lawful strike in an interest dispute, the union normally proceeds through Commission mediation, a majority ballot and at least 48 hours' notice; essential services also involve minimum-service requirements and the Essential Services Committee. A Mainland dispute is normally referred to the Commission for Mediation and Arbitration, with a copy served on the other party. The mediator is generally expected to complete mediation within 30 days, unless the parties agree in writing to an extension. An unresolved complaint may proceed to compulsory arbitration or the Labour Court under the applicable rules. An arbitrator should issue an award within 30 days after the hearing, and the award is binding and enforceable as a Labour Court decree. A party may seek Labour Court review within six weeks. The Labour Court has exclusive jurisdiction in matters assigned to it and may refuse a non-urgent complaint that bypasses required mediation. Zanzibar uses its Labour Commission, Labour Offices, Dispute Handling Unit and Industrial Court. Access may involve an employee, union, advocate or personal representative. No reliable uniform filing-fee tariff has been identified for all Tanzanian employment proceedings, so the institution and type of case should be checked before filing. Under Mainland rules, the unfair-termination protections in the relevant subpart generally apply after at least six months of service. The employer must prove a valid reason and both a fair reason and fair procedure. Valid grounds relate to conduct, capacity, compatibility or genuine operational requirements. Pregnancy, disability, discrimination, union activity and the lawful exercise of employment rights are not fair reasons. Retrenchment requires early notice, relevant disclosure and consultation about avoiding the loss of jobs, selection, timing and severance. Possible remedies include reinstatement, re-engagement or compensation of at least 12 months' remuneration. Notice is generally seven days during the first month, four days for daily or weekly employees after that, and 28 days for monthly employees. The employer must give the reason and termination date in writing or pay in lieu of notice. Severance is generally seven days of basic wage for each completed year, capped at ten years, after at least 12 months of service. Exceptions include fair misconduct, unreasonable refusal of suitable alternative work, retirement and expiry of a contract. Final payments can include wages already earned, accrued leave, notice pay, severance and transport, and the employee should receive a certificate of service. Zanzibar also requires a valid reason connected with capacity, conduct or operational requirements and a fair procedure under sections 110 to 112 of its Employment Act. Its Labour Commission, Dispute Handling Unit and Industrial Court handle local termination disputes. Mainland notice and severance amounts should not be transferred to Zanzibar without checking the Zanzibar statute and current practice. Informal work belongs within this subject only when the evidence establishes an employment relationship; the existence of a casual arrangement does not by itself create a single nationwide legal treatment.