Employment and Labor Relation Act no 6 of 2004 this is an Act of Tanzania Government established in 2004 and signed by the third President of Tanzania Dr Benjamini W Mkapa. The Employment and Labor Relation Act was established purposely to deal with labor matters across the country. The Employment and Labor Relation Act no 6 of 2004 deals with Labor codes, general labor and employment acts, freedom of association, collective bargaining and industrial relations. This Act, dealing with all labor issues relating to it.
The contract of an employment starts as soon as an offer of employment is accepted. The contract of employment is an essential part in the issue of employment since it is a one which regulates the terms and conditions of employment between the employer and employee.
Tanzania labor Laws requires the workers should be given written employment contracts at the start of employment except those who work less than 6 days in mouth for an employer. The contract of employment should show the actual time to which the employment will end
An employee is an individual who works part or full time under a contract of an employment whether oral, or written. This is a person who agreed to be employed to work for some forms of remuneration or payment under the contract of employment. The payment under the contract of employment includes salaries, wages, commission and piece rates. An employee should an individual person who agree who agree voluntarily to enter into a contract.
According to the Employment and Labor Relation Act, no 6 of 2004 of Tanzania, the following are the rights of an employee entitled in a contract of employment.
Employment rights to freedom of association, this right enable employees to form and join to any trade union. The purpose of this trade union is to regulate the relationship between the employees and their associations to which the employees belongs. For examples of trade unions are like Tanzania Teachers Union (TTU), Tanzania Social Workers Association (TSWA) and Tanzania Women Lawyers Association (TWLA). This right allows employee to participate in lawful activities of the trade unions. An employer is not allowed to interfere in trade unions affairs. Any person who contravenes these rights he or she commits offence. This is according to Employment and Labor Relation Act no 6 of 2004 section 9(1) to (6)
Protection against unfair termination/dismissal: unfair dismissal/termination is an act of ordering or allowing an employee to leave his/her job unfairly, according to S 37 (2) of Employment and Labor Relations act no 6, 2004 that unfair dismissal is one that the reason for termination is not valid, the reason is not fair in relations to employee’s conduct, capacity, compatibility or in relations to operational requirements of the employer and if the employment was terminated without following fair procedures. Therefore according to S 37 of Employment and Labor Relations act no 6,2004 an employee is entitled to be terminated fairy by an employer to prove that the reason for termination is valid, the reason is fair also should ensure that the fair procedures are followed when terminate an employee.
The right to be treated equally without any discrimination:the employer has to provide equality in work place’s opportunities without any kind of discrimination to an employee on the ground of color, nationality, race, age, sex, marital status, disability and HIV/Aids. This can be done by formulating organization’s policies, specific systems, plans and procedures so as to promote equality and destroy any kind of discrimination in work place. Therefore according to S 7 (1)-(4) of employment and Labor Relations act no 6 of 2004 an employee is entitled to be treated equally by an employer with assistance of Labor Commissioner.
Right concern hours of work: this is period of time or duration in which an employee is eligible to perform different functions and activities at the workplace, if employee works beyond the hours provided by the laws it considered as the overtime in which employee shall be compensated for the time exceeded. The standard hours of work for employees are 8 hours a day. In a contract of employment an employee has the right to know the time period or duration of time that he or she will be able to work at the work-place; this will enhance an employee to be aware with the time that will be exceeded by the employer.
According to the Employment and Labor Relation Act, 2004 section 19(1) it identified that an employer shall not require or permit or require employee to work more than 12 hours in any day.
Section 19(2) of the same Act, states the minimum number of ordinary days or hours that an employee may be permitted or require to work are;-
· Six days in any week, a full week has seven days in total, so according to the laws an employee required to work only in six days per week Monday to Friday inclusive.
· 45 hours in any week, employee shall work no more than average of 45 hours in any week. It may appear an employer can ask an employee to work more than average hours of work, in such case a written consent is required from the employee concerned.
· Nine hours in any day, employee shall no work beyond the identified time within a day; if he or she does work beyond the time the compensation to cover the time exceeded will be calculated.
Right to be given or granted a leave;leave simply means the period of time that is given to an employee to be away of his or her primary job while employer shall maintain the status of employee in which an employee will be resumed to the work at the same terms and conditions of the contract of employment once the leave is over. A leave is generally requested by an employee to cover unusual circumstances occurring in the employee’s life.
According to the Employment and Labor Relation Act, 2004 section 29(1) it stipulate that an employee with less than six months in service shall not entitled to paid leave.
The following are the type of leave in which an employee is entitled under the Employment and Labor Relation Act, 2004.
Annual Leave,this is a paid period of time in which employee is off work, during the annual leave time employee shall receive full pay. According to the ERL Act of 2004 section 31(1) it states that an employer shall grant an employee at least 28 consecutive days, and such leave shall be inclusive of any public holiday that may fall within the period of leave
Sick Leave,this is the leave of absence granted to employee because of illness. Employee request sick leave in order to get the time to recover to his or her normal health. According to the ERL Act of 2004 section 32, it stipulate that an employee shall entitled to sick leave for at least 126 days in any leave cycle, the first 63 days shall be paid full wages and second 63 days shall be paid half wages. In order a sick leave to be granted an employee shall provide medical certificate issued by medical practitioner.
Maternity Leave,this is the leave of absence from work granted to a mother before and after the birth of the child or children. According to the ERL Act of 2004 section 33, it state that an employee shall give notice to the employer of her intention to take maternity leave at least 3 month before the expected date of child birth. Employer may grant the leave from four weeks before the expected date of child birth. An employee shall granted at least 84 days paid maternity leave or 100 days paid maternity leave if employee give birth to more than one child at the same time.
Paternity Leave, this is the leave of absence from work granted to a father after or shortly before the birth of his child. According to the ERL Act of 2004 section 34 it provides for paid paternity leave of at least 3 days (in leave cycle of 12 months) if this leave is taken within the 7 days of the birth of a child. The employer may require reasonable proof of birth of child prior to paying for paternity leave.
Annual Leave,this is a paid period of time in which employee is off work, during the annual leave time employee shall receive full pay. According to the ERL Act of 2004 section 31(1) it states that an employer shall grant an employee at least 28 consecutive days, and such leave shall be inclusive of any public holiday that may fall within the period of leave
Sick Leave,this is the leave of absence granted to employee because of illness. Employee request sick leave in order to get the time to recover to his or her normal health. According to the ERL Act of 2004 section 32, it stipulate that an employee shall entitled to sick leave for at least 126 days in any leave cycle, the first 63 days shall be paid full wages and second 63 days shall be paid half wages. In order a sick leave to be granted an employee shall provide medical certificate issued by medical practitioner.
Maternity Leave,this is the leave of absence from work granted to a mother before and after the birth of the child or children. According to the ERL Act of 2004 section 33, it state that an employee shall give notice to the employer of her intention to take maternity leave at least 3 month before the expected date of child birth. Employer may grant the leave from four weeks before the expected date of child birth. An employee shall granted at least 84 days paid maternity leave or 100 days paid maternity leave if employee give birth to more than one child at the same time.
Paternity Leave, this is the leave of absence from work granted to a father after or shortly before the birth of his child. According to the ERL Act of 2004 section 34 it provides for paid paternity leave of at least 3 days (in leave cycle of 12 months) if this leave is taken within the 7 days of the birth of a child. The employer may require reasonable proof of birth of child prior to paying for paternity leave.
Rights of remuneration payment; means the total value of all payment, in money or in kind, made or owing to an employee arising from the employment of that employee.An employer shall pay to an employee any monetary remuneration to which the employee is entitled to the following; (a) During the working hours at the place of work on the agreed pay day,(b) In cash, unless employee agrees otherwise , in which case the payment shall be made either by, cheque payable to the employee or direct deposit into an account designated by the employee in writing this proved into the Employment and Labor Relation Act No. 6 of 2004 Section 27(1).
According to the Employment and Labor Relation Act No. 6 of 2004 section 26(1)(2)(3), it determine the applicable hourly, daily, weekly, and monthly rate pay. The hourly, daily, weekly, and monthly shall be determined accordance with the table provided for in the first schedule.
Leave paymentAn employee with less than six months service and who has worked more than once in 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 month in that year. The payment may occur in day it include rest period and leave cycle that involves, annual leave a period of 12 month, and in respect of all other forms of leave conferred a period of 36 month consecutive. N employer shall grant an employee at least 28 consecutive days in respect of each leave cycle an must be inclusive of an public holiday that may fall within the period of leave. According to the Employment and Labor Relation Act No 6 of 2004 Section 30, 31.
The right to strike, according to Act no. 2004 section 75(a) talks about every employee has tile right to strike in respect of a dispute of interest and every employer has the right to lockout in respect of a dispute of interest.
Also section 7 of the National Labor Relation Act states in part,employee shall have the right to engage in other concerted activities for the purpose of collective bargaining or other mutual aids or protection. Strikes are included among the concerted activities protected for employees by this section.
Employment and Labor Relation Act no 6, 2004
Adam Smith. 2012; Contract of Employment; Rights and Responsibilities of the Contract.2nd Edition.New York Publishers.
