DECLARATION

I, Matatizo Wilfred do here by declare that this research is my own original work and it has not
been submitted and will not be submitted for a similar degree or any other award in any other
University.

Signature……………………
Matatizo Wilfred

Date…………………………

i
 CERTIFICATION

The undersigned certifies that he has read and hereby recommends for the acceptance by the
Open University of Tanzania a Research Paper Titled: Employers Respect on Working
Condition: A Critical Analysis of Tanzania Labour Law (a Case Study of Tabora Municipal)

Signature……………………………….

Ally A.M. Abdallah

Date………………………………………

ii
 COPYRIGHT

This work is protected under the Berne Convention, The Copyright and Neighbouring Right Act
Cap 218 [R.E 2002], and other national and international enactments on that behalf, on
intellectual property, no copy of this research paper may be reproduced stored in any retrieval
system or transmitted in any form by any means, electronic, mechanic, photocopying, recording
or otherwise without prior written permission of the author or the Open University of Tanzania
(OUT) in that behalf.

iii
 DEDICATION

This work is dedicated to my family, my wife Elizabeth Mlemba my beloved children Neema,
Carlos, Pius and Gloria.

iv
v
 LIST OF STATUTES

Constitution of the United Republic of Tanzania Cap.2 [RE.2002]

Defence (Trade Dispute ) Regulations GN no.279 of Aug, 1943
Employment and Labour Relations Act no 6, 2004
Employment and Labour Relations (Code of Good Practice) Rules 2007 GN no.42, 16, Feb.2002
Employment and Labour Relations (forms) Rules 2007 GN no.65 of 23rd, March, 2007
Employment Ordinance no.47 of 1955
Labour Institutions Act no 7/ 2004
Law of Contract Act, Cap. 345 [RE, 2002]
Master and Servants Ordinance no.28 of 1942
Trade Dispute (Arbitration and Enquiry) Ordinance no.11 of 1947
Trade Dispute (Arbitration and Settlement) Ordinance no.43 of 1950

vi
 LIST OF CASES

Alexander v Home Office (1988)1W.L.R968,[1988]2 ALL ER .118

Armitage v Johnson (1997)1R.L.R162
General Marketing Co.Ltd v Shariff (1980)
Kitundu Sisal Estates v Shingo and Others (1970) E.A 557
Lalji Naran v United Construction Co. Ltd (1968)
Laws v London Chronicle(1959) 2ALL ER255 at p287
Markets Investigations v Minister of Social Security (1969)2QB173 ;( 1969) W.L.R1
Mathew Leonard Kato v NMC (HC) Civ.App no.44, 1994
Maulid v R (1970) HCD346 at p36
Ready Mixed Concrete v Minister of Pension and Nation Insurance (1968)2QB,
497(1968)2W.L.R775
Said Mzungumwana v the Manager of Sudeco(1980)TLR65
Shabani H.Msengesi v NMC (HC) Civ.App.no.44, 1994
Stevenson Jordan and Harrison Ltd. V McDonald and Evans (1969)1 TLR101

vii
 ABBREVIATIONS

ALL ER………………………………………………………….All England Law Reports

ART…………………………………………………………………………………Article
Cap ………………………………………………………………………………..Chapter
CAT…………………………………………………………Court of Appeal of Tanzania
CHODAWU…………………Conservation Hotels Domestic and Allied Workers Union
CJ……………………………………………………………………………Chief Justice
E A ……………………………………………………………… East Africa Law Reports
ELRA …………………………………Employment and Labour Relation Act no 6,2004
ESRF………………………………………….Economic and Social Research Foundation
GN……………………………………………………………………. Government Notes
HC……………………………………………………………………………..High Court
HCD…………………………………………………………………..High Court Digests
IBID…………………………………………………………...Ibidem (in the same place)
J……………………………………………………………………………………..Justice
LIA…………………………………………………….Labour Institution Act no 7,2004
LJ………………………………………………………………………….Learned Justice
MAT…………………………………………………….Medics Association of Tanzania
NMC………………………………………………………..National Milling Corporation
NGO……………………………………………………Non Governmental Organization
NO………………………………………………………………………………...Number
OP CIT…………………………………………. Opera Citato (the book previous cited)
P………………………………………………………………………………………Page
PP……………………………………………………………………………………Pages
S……………………………………………………………………………………Section
TALGWU………………………………….Tanzania Local Government Workers Union
TAMICO………………………………………………Tanzania Mines and Construction
TLR………………………………………………………………....Tanzania Law Report
TNA………………………………………………………….Tanzania National Archives
TRAWU……………………………………………..Tanzania Railways Workers Union

viii
TRL…………………………………………………………..Tanzania Railways Limited
TTU…………………………………………………………….Tanzania Teachers Union
TUGHE……………………………...Tanzania Union of Government Health Employees
TUICO………………………….Tanzania Union of Industrial and Commercial workers
V……………………………………………………………………………………Versus

ix
 ACKNOWLEDGEMENT

I would like to offer my grateful thanks to all who in one way or another have contributed much
to the successful completion of this work.

Also I would like to express my gratitude to authors, copyright holders and publisher s, from
whose works I have drawn quotations and /or material in the preparation of this work.

I owe an enormous and fundamental debt to my supervisor Mr. Ally A.M Abdallah without his
tireless effort of reading ,correcting ,criticizing and marking this paper it could have been a
dream to see the light of this day.

Much thanks goes to all my colleagues and friends for their advise and encouragement Mr.
Gwandumi G. Mwambage, Mr. Wambura T. Matwi who assist me by way of discussion and
material support as well as Mr. Soud Kimanta Jumanne for word processing

Also, I would like to thanks my wife Elizabeth Mlemba for her patience and encouragement in
the course of conducting the research. Thanks to almighty God under your grace I safely
conducted and completed this work. I want to let it known that I’M solely responsible for any
error reflect in this research

x
 TABLE OF CONTENTS

Declaration ........................................................................................................................... i
Certification ........................................................................................................................ ii
Copyright ........................................................................................................................... iii
Dedication ........................................................................................................................... x
List of Statutes ................................................................................................................... iv
List of Cases...................................................................................................................... vii
Abbreviations ................................................................................................................... viii
Dedication .......................................................................................................................... ix
Abstract ..............................................................................Error! Bookmark not defined.
CHAPTER ONE .............................................................................................................. xiii
1.1. Introduction .............................................................................................................. 1
1.2. Historical Background ............................................................................................. 1
1.3. Statement of the problem ......................................................................................... 3
1.4. Literature Review..................................................................................................... 5
1.5 Research Objectives. ................................................................................................. 7
1.6. Research Questions. ................................................................................................. 7
1.7. Significance of the study.......................................................................................... 8
1.8. Scope of the Study ................................................................................................... 9
1:9 Research Methodology:- ........................................................................................... 9
1.9.1 – Documentary review ...................................................................................... `9
1.9.2. Field research. ................................................................................................... 9
1.9.3 Sampling:- .......................................................................................................... 9
1.9.4 .Data Processing and Analysis ......................................................................... 10
CHAPTER TWO .............................................................................................................. 11
CONCEPTUAL FRAMEWORK ON EMPLOYMENT CONTRACT ........................... 11
2:1 Introduction............................................................................................................. 11
2.2. Meaning of employer ............................................................................................. 11
2.3. Meaning of employee............................................................................................. 11
2.4 Definition of Contract ............................................................................................. 11
2.5. Employment as a Contract ..................................................................................... 12
2.6 Type of Employment Contract................................................................................ 13

xi
 2.7. Reflection of Contract of Service and Contract for Services on Employment contract.
....................................................................................................................................... 14
2.8 International and National Level............................................................................. 15
2.7 Merits in Adhering Terms of Employment Contract .............................................. 15
CHAPTER THREE .......................................................................................................... 17
THE LAW, PRACTICE AND CHALLENGES ON EXISTING TERMS OF EMPLOYMENT
CONTRACTS IN TANZANIA ........................................................................................ 17
3.1. Introduction ............................................................................................................ 17
3.2. Some Selected Working Conditions and its Challenges ........................................ 17
3.2.1. Payment of Salary/ Wages .............................................................................. 17
3.2.2. Promotion........................................................................................................ 18
3.2.3. Transfer ............................................................Error! Bookmark not defined.
3.2.4. Working Hours................................................................................................ 21
3.3. Institutional Operation in Protection of employees Working Conditions ............. 23
3.3.1. Trade Unions................................................................................................... 23
3.3.2. Labour Office .................................................................................................. 24
3.3.3. Non Governmental Organization .................................................................... 25
3.4. Conclusion ......................................................................................................... 25
CHAPTER FOUR............................................................................................................. 26
FINDINGS OF THE RESEARCH ................................................................................... 26
4.0 INTRODUCTION .................................................................................................. 26
4.1 THE ANALYSIS .................................................................................................... 26
CHAPTER FIVE .............................................................................................................. 30
GENERAL CONCLUSION AND RECOMENDENTIONS ....................................... 30
5.0 Introduction ............................................................................................................. 30
5.1 Conclusion .............................................................................................................. 30
5.2 Recommendations ................................................................................................... 30
6. BIBLIOGRAPHY ......................................................................................................... 32

xii
 ABSTRACT
In the present study the researcher has opted to analyses aspect of labour law concerning
employers respect on terms and conditions of employment contract. In due course, it explore the
extent on which some employers have been involved in abusing workers’ working conditions
and terms in contract of employment, it therefore make critical observation in the Tanzania
labour laws using some of the working conditions which have bee n breached by some
employers. Therefore respective employment laws have been reviewed to include the
Employment and Labour Relations Act no 6/ 2004 (ELRA), Labour Institutions Act no 7/ 2004
(LIA), the Constitution of United Republic of Tanzania, Cap. 2 R.E 2002, international
instruments and so on. In chapter one the researcher makes framework of the research problem
for this research, all aspect established the problem has been referred

In chapter two the researcher developed or highlighted conceptual issues retaining to

employment contract. Chapter three deals with the practical application of the labour law and
challenges facing the existing terms of employment contract in Tanzania, it disclosed critically
the law and practice on some categories of working conditions to include, payment of salary,
wages, hours of work, and transfer of employees.

Chapter four of this study, the researcher managed to analyze data collected from primary source
of data and secondary source of data. In chapter five, inter alia recommended that Trade Unions
should ensure working condition in all industrial sectors are complied by employers; the law
should devise mechanism on which the wage board decision to fix wage can be challenged
immediately beside of waiting procedures of strike which is circumscribed by long process and
the tendency of government to file injunction in the court to forfeit the right to strike that defeat
employees demand; and that the government should ensure domestic workers are enjoying
freedom of association and effective recognition of the its right to collective bargaining; the
government under its institution to oblige employers of informal sector to maintain an
employment contract form or to establish a model contract of employment for domestic work to
protect them from abuse, harassment and violence

xiii
 CHAPTER ONE

1.1. Introduction
Respect of working conditions by employer 1 is the key dimension of decent and productive work
as it determines work place productivity 2 . Therefore, body of laws, administrative rulings and
precedents have put in place to address the legal rights of and restrictions on working people and
their organizations. It mediates many aspects of the relationship between employers and
3
employees. Such as the right to organize and negotiations, collective bargaining agreement,
protection from discrimination, wages, and hours of work, health and safety and so on. 4 Effective
supervision of working conditions has been the direction of ILO to the states to ensure
compliance of the international working standards; however the abuse of working conditions by
employers has happened in a number of incidents

1.2. Historical Background

The current situation of workers struggling for their working conditions in their employment
contract is not a new trend; it has generally developed as a result of the industrial revolution of
England which occurred late 18th C and early 19th C.5 In Tanganyika, during colonial time,
worker was looked as a commodity which could be easily replaced simply because the employer
was in a dominating position, dictated the worker’s condition of service thus resulted to poor
working condition and social ills due to low wages, unduly long hours of work, persecution of
trade union activities, working day, hours of work, increase of wages, discrimination, job
security, and inadequate payments. For example in the ginneries which frequent run night shift,
the hours of work were not fixed by law, as a result workers began to take retaliatory actions to
get themselves a better deal. 6 In 1927African motor drivers and mechanics in Moshi formed
Trade Union and they had strike.

1
Black Law Dictionary 5th Ed,1979,p.471, In emp loy ment contract an employer may be defined as a person or
institution that hires emp loyees or workers, employer offers hourly wages or a salary in exchange for the workers
labour power depending upon weather the employee is paid by hour or a set rate per pa y period
2
By Staff Writer,”Employers should Respect Contractual Obligation” M wananchi, June, 27/ 2007 issue no.
02571, p.8
3
Http:// enwikipedia,Org/wiki/ labour-law ( retrieved on 7/4/ 2012)
4
See also http://www.scibd.com/doc/52981915/ source of labour law in Tan zania (7/ 4/2012)
5
Employment and Labour Relations Act no 4/ 2006 (ELRA)
6
Ibid, s. 75 & 76(3)

1
The next attempt to form a union at working places on the part of African workers was on 1930.
As early as 1950, through Trade Union, workers’ struggle for rights to employment contract was
significant persisted. As a result various actions have been taken by the colonial government in
response to workers demands, for example the Bill to regulate service hours was drafted but
never presented to the Legislative Council until 1945. When the colonial government realized
7
that strikes still warming promulgated the Defence (Trade Dispute) Regulations which
empowered the governor to make an order that established tribunal to effect settlement of trade
dispute via regulation

The colonial government also legislated the Trade Dispute (Arbitration and Enquiry) Ordinance
no 11 of 1947, it regulate settlement of labour dispute and the award between the parties made
under section 8 of the Ordinance was enforceable under the Master and Native Servant
Ordinance no 28 of 1942 8 , the same Ordinance provided for penal sanctions for certain breaches
of contract of service, that was how the government controlled working class.

In 1950 the Trade Dispute (Arbitration and Settlement) Ordinance was enacted, it provided for
special procedure for strike in essential services and section 10 of the Ordinance provided that
any existing trade dispute should be reported to the labour commissioner who was required first
to attempt to settle it otherwise the dispute should be referred to the tribunal, so strikes and
lockouts were made illegal. 9 The Employment Ordinance 10 came into force on 1st Feb, 1955
regulated relations between employers and employees by setting up minimum standards; in its
latter, the Ordinance was seen as non racial but it has significant practical discrimination;
regardless the fact that the Ordinance set forth the form and content of contracts for example the
necessity of attestation, the obligation of the employers to repatriate and to provide transport. It
has been evidenced that unfair term of contract especially of care and welfare and recruitment
were applied only to African employees such as deductions for tax or rate imposed by law,
deduction for pension or provident fund schemes and others.

7
Regulat ion no 279 of 19 27, August / 1943 as cited by Shiv ji I.G,in Law , State and the Working Class in Tanzania
at, p. 160
8
Ibid, p. 160
9
Ibid
10
Ord inance no 47/ 1955

2
Moreover, during operation of Employment Ordinance, when an employee aggrieved by the
decision of his employer had a right of making a reference to the conciliation board and the
conciliation board decision was final and conclusive unless aggrieved party file an appeal from,
otherwise, the board decision could not be challenged in any court of law. But the situation now
11
days has changed under the Employment and Labour Relations Act (herein referred as ELRA);
it set the Commission for Mediation and Arbitration as institution of settling industrial dispute
including dispute over working conditions, and if the settlement by mediation and arbitration
fails the dispute may be referred to the labour court for a decision.

Hence, the ELRA 12 provides that employees has the right to strike like employers who have
rights to lock outs subject to exception such as picketing in support of the strike and lawful lock
outs or replacement of labourers ( blockage) respectively during a lawful strike.

In a nutshell the government had been amending or repealing various labour legislation to meet
good standard of working condition in employment contracts, but workers grievances at working
places are still in persistence, strikes occur most often regardless the existence of new labour
laws.

1.3. Statement of the Proble m

Essentially it is a contractual obligation of an employer to provide work to his or her employees,

like wise it is a contractual duty of an employee to obey all lawful orders and reasonable
instructions given by employer pertaining to the employment contract. As existences of duty
presuppose existence of right, one would expect as a duty by employers to respect all working
conditions corresponding to the employees’ rights. In the Constitution of United Republic of
Tanzania 13 the reflection of employees’ right expressed to the effect that; every citizen is entitled
to equal opportunity and right to equal terms to hold any office or discharge any function under
the state authority; every person, without discrimination of any kind, is entitled to remuneration
commensurate with his work, and all persons working according to their ability shall be
remunerated according to the measure and qualification for the work; and that every person who
works is entitled to just remuneration.

11
Act no 6/ 2004, s.76
12
Ibid, s 75 & 76(3),
13
Cap. 2 [R.E 2002], art 22&23

3
Above Constitution provision intends not only to protect employee on issue of remuneration, but
also to protect employee against all sort of vindictive acts or contractual terms which might be
injected by employer in the course of employment contract. It has been evidenced that terms and
conditions of employment have in several times been infringed by some employers as in the case
14
of in General Marketing Co. Ltd V A.A Shariff whereas employer has ordered by court to pay
overtime dues for the work done by employee during resting day, i.e. Sunday and public
holiday.

However, it should be noted that court will be used as last resort by employee; it has been laid in
the ELRA that an employees working in essential services or in other sects should exhaust all
procedure before embarking into strike for dispute of interests and not on issue which is purely
complain. 15 The Labour Institutions Act (LIA) 16 established various labour institutions including,
the wage board and the labour inspection department to supervise and regulate working
condition as well as terms of employment in formal and informal sectors. However, still some
employers are reluctant to observe standards of working condition as envisaged by the law, some
employees are still paid low wages. 17 Denied promotions, unpaid transfer allowance just to
mention a few instances. This situation is contrary to the import of various international
18
Conventions that directed States to adhere to the protection of employees rights during
performance of employment contract.

14
[1980] TLR n 651, also in the case of Said Mzungumwana v Manager of Sudeco [1980] TLR 1965the court
ordered the employer to pay overtime the emp loyee as per envisaged by the labour law. In Larji Naran v United
Construction Co LTD[1968] HCD 403.
15
Act no 6/ 2004, s. 76(1)(2)
16
Act no 7/ 2004, s. 37
17
Examp le of recent strikes;
-workers of Barick Go ld mine went on strike on 25/10/2007,the demand was disparity on wages
.http://tzommoncents.word press.com/2007/ 11/ 04 disparity -in-wage-key reason.( rtrived on 6/4/2012)
-Railway workers strike for wages http://www.africanews.com/site/tanzania-Railway Workers-strike-wages(
reetrived on 6/4/ 2012)
-Faraja Mgwabati Striking Doctors Got Ultimatu m, Daily News, Monday, Jan 30/ 2012 issue no 10571 front page
–page 2 they demanded increase of salaries for newly employed doctors from 700,000/= to 3. 5mln per months, on
call allowance of 10% of their monthly salary risk allo wance 30% of monthly salary.
-http://www.ipp med ia.co m>ho me 5.2.2012”let wisdom prevail in handling doctors strike
18
Convention 100 [The Equal Remuneration Convention, 1951], at article 1 puts the obliged states to respect
emp loyees remuneration includes the ordinary, basic or minimu m wage or salary and any additional emo lu ments
whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out
of the worker's employ ment; the term equal remuneration for men and women workers for work of equal value

4
1.4. Lite rature Review.

There are a lot of authorities addresses issues of employees rights including provision of good
working conditions, but the denial of workers right are still prevalent and the literatures seem to
address the problem inadequately.

According to Sikalumba work 19 , the author said that it is a matter of an employer and employee
to agree on better rate in respect of his wage provided that such a wage should not be below to
the fixed minimum rate by the government. This has been a loophole for employers to exploit
and harass their workers and it has been a great problem especially the persons doing domestic
workers like hotel, catering, retail and cleaning just to mention a few, this is because there is no
strong institution established to monitor persons doing domestic works. Conservation, Hotels,
Domestic and Allied Workers Union (CHODAWU) has been established to assist domestic
workers but still they are subjected to the low payment of salaries, over working without
payment of overtime deprivation of terminal benefits and so on. This study attempted to give
concern in this aspect and provide appropriate recommendations.

According to Dr. Mtaki20 analysed s.33 (10) of ELRA and come up with a doubt as to
appropriate time for the mother to feed child. He has opinion that, the mother could have asked
about place the child is so as to have appropriate time to allow the mother to feed her child.
Consideration would base on the distance from the place of work to the place where the child
stays. He shows his doubt that for the busy City road like DSM it is difficult to meet such right,
he gives an example for worker living at Mbagala or Mbezi who will take her almost more than
two hours from work place to home and back. He give concern that no business oriented
employer would tolerate.

refers to rates of remuneration established without discrimination based on sex. In the 111 [the Discrimination
Emp loy ment and Emp loyment Occupation Convention], 1958, rat ified by Tanzania on 26/2/ 2002.A rticle 2of the
convention provides that each member state should determine rates of the remuneration, promote and ensures that it
is applied to all workers and this can be mate through national laws and regulation, legally or established machinery
for wage determination or by collective agreements between emp loyer and employee.
19
A. Sikalu mba, Legal Aspects of Employment Contracts and Dispute Settlement Schemes in Tanzania, pp..35-36
20
The New Labour Laws in Tanzania: ‘Imp licat ions for Employers, Emp loyees and the Economy’, (ESRF)12 th
September,2005,p.16

5
In CHODAWU’s work (Analysis of the Labour law in Tanzania), 21 the author has appreciated
the contents of section 4 of the ELRA which defines “employee” but not satisfied with the
definition simply because the provision does not mention “domestic worker”. A part from failure
by CHODAWU to articulate the fact that ELRA, LIA has included the meaning of domestic
worker and that the Constitution of United Republic of Tanzania, Cap 2 [RE 2002], art 22 & 23
as well as the Law of Contract Act, Cap 345[RE 2002] recognize domestic workers in its scope,
still CHODAWU has left out some aspects in respect of protection of employees including
domestic workers terms and condition of employment, issue such as the role by CHODAWU on
how it could coordinate effectively its activities with Trade Union and labour office towards
protection of such employees has left out. It is the task of this study to address this issue

Jaba Shardracks22 said that the ELRA allows the right and at the same time takes away such right by
imposing strict conditions. The writer has forgotten the doctrine that in every rule there is an exception
and further to that where there is right obvious there is a duty. There for every rule has got a manner in
which can be applied. This study gives critical analysis on the proper ways of protection of worker’s
terms and conditions of employment contract

23
In the work of Songstand , the author explained that majority of the informants claimed that the
salary they receive is not satisfactory and he further added that there was also considerable
frustration linked to the comparison of salary among government employees. He asserts that
dissatisfaction with salary level is a problem to all workers but the government has at least raised
salary of health workers while it raise in minimal sum salary of other working cadres including
workers in private sector. According to author, existing salary level is not comparable with the
existing living cost. To laments his argument, he says that health workers salary level is higher
than their fellow public servants, that is, teachers, for example, a newly employed teachers with
certificate receives sh.244,400/= Per month whereas health workers receives 472,000/= per
month, a teacher with Diploma sh. 325,700/= whereas health worker of same level receive
682,000/= a teacher holding a degree sh. 469,200/= whereas a health worker holding same

21
http://www/dwn.info/resurce/chodawu-analyisis –labour – Law- Tanzan ia(ret rived on 19/08/2012)
22
Shadrack J .b logspot.com/2009/01/ L…( retrieved on 09/ 05/2012)
23
Songstad et al,’Perceived Unfairness in Working Conditions’,http://ww.b io med central .co m/1472-
6963/11/34(retrived on 12/8/ 2012), similar argument has adduced by J.Mwangulumb i,’the Govern ment should be
Awaken’MwanaHALISI,Ju ly4-10,2012, p.4

6
receive 802,200/=, these examples illustrate that it could be reasonable for the teacher to claim
for salary increase rather than the health workers.

In delay of promotion the author has explained that teachers have always get promotion after
every three years according to scheme of services, but for health workers the situation is vice
versa that there is no change in position at all. In a general speaking and according to findings, a
worker is supposed to be promoted after every three years subject to availability of vacant Post,
Capability, qualification and experience as well. Not only health workers who are suffering from
such delay but also many respondents working in various government institutions have claimed
to have been remained in same grade for many years ranging from nine years to twelve years.
Poor human resources management leads to delay of promotion. Therefore delay in promotion is
not handled properly due to lack of constant flow of employment to all groups as per recruitment
requirement which allow having future Plan and avoiding overstaffing and poor working
environment. Lack of recognition of long working experience, the author stated that there some
workers with long working experience and doing better at work but they are being bypassed in
salary by colleagues with shorter working experience. This study ventures in seeking appropriate
ways on which employees working condition including salary and issues of promotion will be
careful and effective handled by employers and, it will also propose the role of various
stakeholders in employment matter on how they will be made accountable in effective
supervision of adherence of working condition and term of employment by employers. 24

1.5. Objective of the Study.

 The general objective of this study is to analyse terms and conditions of employment
contract as reflected by Tanzania labour laws and policies.

The study has the following specific objectives;-

 To find out causes of an increase in the breach of terms or conditions of contract.

 To identify the impact resulted from such infringements.

24
Ibid, Songstad

7
  To put in plain what is to be done to get rid of infringement of terms or condition of
employment contract.
 To disclose an endeavor done by the government so as to ensure employee’s terms of
employment contract are not infringed by employer at the conclusion of employment
contract in the execution of such contract until at the termination of employment contract.

1.6. Research Questions

 The following were questions that the researcher has addressed in the course of this
study;-
 Why employers do infringe terms or conditions of employment contract at work place?
 Is there any impact resulted from infringement of terms or conditions of employment
contract?
 To what extent does the law is adequate in the protection of employee’s contractual
rights?
 Are there any effective control mechanisms to ensure that terms of employment contract
are not being breached at the time of concluding contract, during and at the time of
termination of the contract?

1.7. Significance of the Study.

This study is significant in the following ways;

 It will be a useful tool for employers and policy making bodies and any other
relevant authorities while seeking clarification for certain point in issue.
 It will form bases of reference material and therefore makes plenty of refe rences
to various persons who would like to make analysis or find certain issue
pertaining to the term of employment contract
 It is expected that the law reform bodies will get confinement to what will be
recommended at the end of this study in the process of rectifying our laws on
labour matters.
 It will enable employee, employer and respective institutions dealing with labour
matters to avail themselves of what is required by existing socio-economic

8
 situation and thus they should embark into proper way of acting in this era of
liberalized economy including aspect of adhering working standard as directed by
various international convention on labour matters.

1.8. Scope of the Study

Though the problem affects the majority of workers in Tanzania, this stud y was conducted in
Tanzania Mainland only because the labour law of Tanzania mainland and that of Zanzibar
differs and that the research intends gather and analyze information from public sectors and
private sectors respectively. The study covered governme nt institution, Local Government
Offices, Trade Unions, Labour Offices and NGO’S available in the area of study.

1.9. Research Methodology:-

In this study the researcher used the following methods of data collection.

1.9.1 – Documentary Review

The researcher used documentary review as source of secondary data, which include public and
private sources. Public sources included published and unpublished materials in Tabora
Regional Library, students centre Library of the Roman Catholic Church, principal and
subsidiary legislation, International Conventions, hansard, websites, magazines, news papers,
journals, articles and memoirs.

1.9.2. Field Research.

The researcher used this method as primary source of data collection which included
questionnaires and interviews that was done either by face to face with the respondent or through
telephone depending where the respondent is. Self admistered questionnaiers was applied.
Government officers, trade unions and individual workers were key sources of informat ion. The
open ended questions and the closed ended one were highly applied. Also an observation played
great role.

1.9.3 Sampling:-

The research applied the sampling technique particularly cluster sampling because the area
within which the study intended to gather information has an adequate sample which provide

9
fairly accurate estimates of the parameter of interest of Tabora in this instance. Because it
represents the population being studied, not only for Tabora region, the problem of infringement
of term of employment contract is also prevailing throughout the country.

Thus information gathered from Trade unions exist in Tabora, the NGO’S , local government
authorities, labour officers, and in other areas in private and public sector employment. A tota l of
at least 6 respondents from each mentioned institution were interviewed or questioned to get real
situation of problem at hand.

1.9.4 .Data Processing and Analysis

Data collected in field were edited by the researcher to find out whether the questionnaires, piles
of interviews or notes were completed well by the respondents, then researcher has checked on
the accuracy of the answers, and uniformity then reduced it into a raw form that allowed proper
analysis and interpretation.

1.10. Limitation of the Study

The research took more than three months in collection of data due to the following reasons;
financial constraints that insufficient funds to meet various expenses such as computer charges,
internet surfing, transport fare to visit the study area. Therefore lack of enough money
necessitates the study to cover limited area. Secondly, pressure of works since the researcher is
employee; the time allocated for data collection was constrained by multiplicity of roles.

10
 CHAPTER TWO

CONCEPTUAL FRAMEWORK ON EMPLOYMENT CONTRACT

2:1 Introduction

The preceding chapter has established the problem of infringement of employment contractual
conditions which violate not only labour law provisions on working standards 25 but also the
26
articles of the Constitution of United Republic of Tanzania in this part of the study the
researcher intend to highlight conceptual issues along with various reforms on the law governing
terms of employment contract.

Reform of the laws governing employment contract have come simultaneously with other

2.2. Meaning of Employer

An employer means a legal entity that controls and directs a servant or worker under an express
or implied contract of employment and pays (or is obligated to pay) him or her salary or wages
in compensation for service rendered 27 .

2.3. Meaning of Employee

An employee may be defined as a person in the service of another and any contract of hire
express or implied, oral or written, where the employer has the power or right to control and
direct the employee in the material details of how the work is to be performed 28

2.4. Definition of Contract

The universal definition of a contract is that an agreement enforceable by the law, between the
two or more persons to do or abstain from doing some act or acts 29 each part place himself or
herself in a position to demand performance by the other side of the bargain and any person who

25
Op. cit, no 6/ 2004, part III
26
Op. cit, Cap.2 [RE 2002], art 22 &23
27
http://www.businessdictionary.com/defin ition/employer .ht ml( retrived on 3.8.2012)
28
Black’s Law Dictionary, p. 4 71
29
Denis: Keenan Smith & Keena’s English Law, Pit man Publishing limited,8th edition,1986 P.185 and in the Law of
Contract Act , Cap 345, s.2(1)(h)

11
has not fulfilled his share of the agreement is in breach. Under the Law of Contract Act30 contract
means an agreement enforceable by law.

2.5. Employme nt as a Contract

Employment as a contract implies that the general rules or principles applied in the formation of
contract are also the ones considered when entering into employment contract. According to
Sikalumba 31 when quoting the decision in the case of Laws-v-London Chronicle 32 Lord Eversher
observed that a contract of lernice is but an example of contracts in general. Therefore one
cannot talk about employment contract without using the general law of contract. Hence the
general elements of contract that are in the Contract Act 33 are applicable to the employment
contract. In any contractual transaction the following elements must be considered (a) there must
be parties to the contract that is employer and employee (in this instance) these are called offeror
and offeree or promiser and promise respectively.

Moreover, acceptance is the signification of assent on the offer, therefore when parties
voluntarily agree on the terms that would and their contractual relationship is where we call that
the contract has been concluded (b) voluntaries as used in contract means that freedom while
contracting is the basic element in recruitment 34 prohibited forced labour and that who goes
contrary to this provision commits an offence.(c) competence or capacit y to enter contract,
under the law of contract 35 parties must be competent as to age 36 mental capability and that the
part must not be disqualified by any law in question.(d) as far as consideration is concerned apart
enters into it with the intention to gain profit there fore there must be an exchange of value
enter in goods or service for example if “A” tells “B” I will pay you one thousands if you carry
this load for me and B concludes a contract is created.

30
Cap 345 [RE 2002], s.2(1)
31
Legal Aspects of Employment Contracts and Dispute Settlement Schedules in Tanzania , p.7
32
(1959) 2 All ER 285 at p.287
33
Op. cit, Cap. 345
34
Act no 6/ 2004, s.6(1)
35
Op. cit, Cap. 345 [RE 2002 ], s 11
36
Ibid, s. 5

12
Contract as agreement between two that is employer and employee (in this instance) may be
written or may be purely oral37 in practice parties will usually enter a contract after the stages of
advertisement, interview, offer and acceptance. The offer may be made accepted at the interview
or may be made later by a letter of appointment, stating date and or the stating salary is among
the consideration at this time. 38

But one has to note that contract of employment is special form of contract, it based in the
relation entered between employer and employee for service rendered under consideration which
is the payment of salary or wage.

2.6. Types of Employment Contract

In the Employment and Labour Relations Act 39 to employ persons for unspecified period of time
(indefinite) for specified period of time (fixed) and for a specific task (project) a contract for an
unspecified period of time as the term defines itself it is a type of employment contract which its
endnote provided for, it is contract which continues until either party to the contract gives the
required notes of termination gives to the other. These notes will be dictated either by the
contract or statutory provision. 40

Contract for specified period of time, is a type of contract in which the duration is specified. If
the specified duration has expired then the contract automatically comes to an end 41 A contract
for a specified period of time could be of duration of one month ,three, a year or two years. This
type of contract it stipulate a starting date and an ending date (determination) and e ither party to
the contract may terminate the contract by providing a one months notice of intention to
terminate.

Another is contract for a specific task, this is in fact a fixed term or temporary contract of
employment where a person is employed to perform a specific task and once the task is
completed then that contract comes to an end, it runs according to time agreed but the date of

37
Gwyneth Pitt, (2000) Employment Law 4th Ed, Sweet & Maxwell Ltd London, p.80
38
Ibid
39
Act no 6/ 2004, s.14 (a) , see also at http://www.africa pay.09/Tanzania/ho me/lab ….(accessed on 2/4/2012)
40
http//labour guide.co.2a/contracts -of)( ret rived 2/4/2012)
41
Op. cit, Act no 6/ 2004, s.14 (b)

13
completion is unknown it may be for example a contract to off load cargo from a ship, or to carry
out certain training or project.

2.7. Reflection of Contract of Service and Contract for Services on Employment Contract.

The contract of employment is commonly referred to as contract of service as a conferment way

of distinguishing it form a contract for service which is a kind of contract under which the self
employment person works, 42 in tort law; 43 self employed worker is called an independent
contract. An independent contractor is a person who is to achieve a specified end by his own
means, whereas a contract of service a servant is under his master’s control not only as to what
he is to do, but as to how he is to do it.

In another case, Stevenson Jordan and Harrison Ltd v Mc Donald and Evans 44 Lord Denning
was held that under a contract of service, integration test is used test, a man is employed as part
of the business and his work is done as an integral part of the business. Whereas under a contract
for service is work although done for the business is not integrated into it but is only a accessory
to it. This integration test is most often used in establishing an employee status however it is in
appropriate to the modern labour market with its emphasis on flexibility employment and the
need to match supply and demand ever more closely

It is suggested that the integrate test is less and less much to be usefully in the future. Take for
example the task of cleaning the streets, hospitals, in the past hospitals and town councils for
example employed cleaners to work and supervisors to see if the work was done properly. Now
it has come to be common for hospitals and municipals councils to privatize their cleanings.
They offer in services of cleaning under a contract entered into with another organization with
representatives of the former employee as a group.

Therefore there is no definitive list of necessary and sufficient conditions for the identification of
contract employment. The contract of employment is a cluster concept. 45 Whether control test as
sole determining factor whether the worker hire is own helpers, degree of financial risks the
42
Op. cit, Gwyneth Pitt, (2000) ,Employment Law , p. 80
43
Chris Turner, (2003), Tort Law, Book Po int Ltd, London, p.174
44
(1969)TLR.101
45
See also Coke J in Market Investigations V Minister of Social Security (1969)2QB1731969)W.L.R.1

14
worker takes 46 whether the owner of drivers were employee of concrete company whether drivers
own Lorries and maintain their Lorries at their own experience

In most western societies governments are the largest single employer but most of the forces are
employed in small and medium business in the private sector particularly Tanzania Mainland.
Having defined the word employer are cannot connect this concept with the working condition
without saying something on the other party to employment contract that is employee.

2.8. Inte rnational and National Level

The international labour organization has been through its conference, reviewing and make
changes to various labour laws to suit the changing World and member states have been
objective to ratify such changes into their national labour laws. Among the laws which Tanzania
has ratified are; Freedom of Association and the Right to organize and Collective Bargaining 47 ,
the Elimination of Discriminate in Respect of Employment and Occupation 48 , Equal
Remuneration49 etc. To make these conventions effective towards millennium development goals
two legislations were enacted; that in the Employment and Labour Relations Act no 6/ 2004 and
the Labour Institutions Act no. 7/ 2004, the aim is to enhance professionalism and efficiency in
handling labour matters

2.9. Merits in Adhering Te rms of Employment Contract

Generally compliance with the terms of employment contract enable each party to the contract
receive what he or she deserves. Lawyers and industrial relations specialist provide that through
adhering terms of contract employer’s power to dictate terms is restricted 50 for example section
35 of the LIA set a wage boards to ensure minimum wage is paid. through knowing your terms
of contract if any party to the contract breaches the term of the contract the other is entitled to
sue for breach of contract according to S.41(3) of the LIA gives a right to a worker to sue for
the recovery of the amount under paid. Duration of contract for example each party believes that

46
Also in Leady Mixed Concrete v Minister of Pension and National Insurance(1968)2QB497(1968)2l.lr 775
47
Internationally Recorgnised Core Labour Standards in Tanzania, Report of the WTO General Council Rev iew o f
the Trade Policies of Tan zania,Geneva,25and27 October, 2005, p.4
48
Ibid p.7
49
ibid
50
(http.//www.hrnicholls.com.au/article/hrn …….(16/ 4/2012)

15
in the event one party fails to perform in according with relational terms the contract will
terminate

Employment contract like other goods and services traded through markets, wages and other
terms of employment are determine largely by supply and demand, there is no reason to suppose
that the employer side of the market has inherent power over the employee side in determining
wages and other conditions of employment.

Adhering terms of contract reduces disputes at work places especially when an employer is
bought by another company or moves to a new location, your existing terms and conditions
should continue however should give you an amended written statement in their name 51 to
avoid or resolve future problems. Right to cancel the employment is possible if one party
neglects his duties or violates the employment contract. Adherence terms of contract may leave
no room for misunderstand legal dispute and headaches. Both employer and employee would be
very clear on their day-to –day undertakings. Leaves no room for confusion of the employee’s
salary and the likes 52 .To put it in a nut shell to adhere terms and conditions of employment
contract depends much on the agreement entered into by parties in the contract.

2.10. Conclusion
Having dwelved into essential concepts of this study, it now a high time to address in the next
chapter on the law practice, and challenges on some of the existing terms and conditions of
employment contract, as such it will help to grasp the reality that on go ing on the extend terms
and conditions of employment contract are adhered in various working places

51
Op. cit, Act no 4/ 2002, s. 15
52
http//ezinearticles.com/advantages-of –a-well(3.8.2012)

16
 CHAPTER THREE

THE LAW, PRACTICE AND CHALLENGES ON EXISTING TERMS OF

EMPLOYMENT CONTRACTS IN TANZANIA

3.1. Introduction
Generally, the labour law reforms intended to prohibit child labour, forced labour, discrimination
of all kinds, promote and regulate employment standards, as well as terms and conditions of
employment which employers and employees must respect during the subsistence of a contract
of employment and at the time of termination of contract. In this vein this chapter selects few
working conditions and addresses the extent on which it has been respected by employers. In due
course challenges are disclosed and the role of institution involves in one way or another in
labour matter is also critically explained

3.2. Some Selected Working Conditions and its Challenges

3.2.1. Payment of Salary/ Wages

Wage is defined as money payable by an employer to an employee in respect of services at,

usually, weekly intervals 53 .There is no doubt that the living conditions of workers depend much
on wages and there is no actually prescribed amount of wages to be paid but at least sectored
wise. The workman desire to get as much the masters to give as little as possible a man must
always live by his work and his wages must at least be sufficient to maintain him; otherwise it
would be in possible for him to bring up a family. 54

The level of wages depends primarily on the bargaining power of social institutions and the
balance of power will always be against the worker unless and specific action is taken to change
it. Most obvious example of such action is self help undertaken by the workers by combining in
trade unions in November 2005 junior medical doctors at Muhimbili National Hospital went on

53
Leslie Rutherford & Sheila Bone(ed’s), 2003, Osborn’s Concise Law Dictionary 8th edition by Universal Law
Publishing Co.Pvt Ltd, p346
54
A.Smith ,1776, an Inquiry into the Nature and Causes of the Wealth of Nation, Book 1, Chapter 8 o f the Wages
of Labour [phrase 15] see also http//geolib.com/s mith.adam/won1 -08ht ml (retrived on 3/8/2012)

17
striker over salary55 the strike was successfully as it initiated a process of substantial salary
increases for all workers in Tanzania .

In 2006 the integrated labour force survey 56 found that 35.6 percent of labour force was working
for wages below the nationally defined poverty line and there was inadequate payment for
overtime work, working during holidays or working at week ends.

In October 2007, the government amended new minimum wage to take effect in January 2008.
there were categories covering eight employment sectors with the lowest minimum 65000/= per
month for hotel workers and the highest approximately rate was 350000 per month for the
mineral sector 57 .The supplemented amount with various benefits the minimum wages did not
provide a decent standard of living for worker some employee worked for extra hours without
pay, according to Neema Jackson CHODAWU meet with her in 2008 she had not been paid for
three months 58

Also the recent action taken by the interns and other medical professional at Muhimbili national
hospital on 25, Jan 2012 in the name of MAT (Medical Association of Tanzania) demanding the
increase salaries for newly employed doctors, on call allowance and risk allowance, first to
mention few. 59

3.2.2. Promotion

A Promotion may be defined as a process of raising a worker to a higher position or rank

following appraisal of staff work or whatever may be the criteria 60 . Promotion is the
advancement of an employee's rank or position in an organizational hierarchy system. Promotion
may be an employee's reward for good performance, i.e., positive appraisal. Before a company
promotes an employee to a particular position it ensures that the person is able to handle the

55
Mwendapole J. the Guadian Newspaer, Dsm, Ipp Media 2005; Army Doctors Take over at Muhimb ili
56
National Bureau of Statistic 2007,……….Funding for Integrated Labour Force 2006, D.S.M
57
http://w.w.w.state.gov/j/dr/....( retrieved on 29.3.2012)
58
Ilo Magazine World of Work “Tanzania Do mestic Workers” no 68 April 2010 , p.16
59
Daily News Newspaper “ Prime M inister Ready to Meet Medics on Strike”,Daily News,Tues, Jan26,2012,
frontpage-p3
60
Jonathan Crowther, 1998, Oxford Advanced Learners Dictionary of Current English , 6th edition , Oxford
University Press, p.927

18
added responsibilities by screening the employee with interviews and tests and giving them
training or on-the-job experience. A promotion can involve advancement in terms of designation,
salary and benefits, and in some organizations the type of job activities may change a great deal.
The opposite of a promotion is a demotion. 61

A promotion can involve advancement in terms of designation, salary and benefits, and in some
organizations the type of job activities may change a great deal. In many companies and public
service organizations, more senior positions have a different title: an analyst w ho is promoted
becomes a "principal analyst"; an economist becomes a "senior economist"; or an associate
professor becomes a "full professor". The amount of salary increase associated with a promotion
varies a great deal between industries and sectors, and depending on what parts of the
hierarchical ladder an employee is moving between. In some industries or sectors, there may be
only a modest increase in salary for promotions; in other fields, a promotion may substantially
increase an employee's salary. 62

The same is true with benefits and other privileges; in some industries, the promotion only
changes the title and salary, and there are no additional benefits or privileges (beyond the
psycho-social benefits that may accrue to the individual). In some not- for-profit organizations,
the values of the organization or the tightness of funding may result in there being only modest
salary increases associated with a promotion. In other industries, especially in private sector
companies, a promotion to senior management may carry a number of benefits, such as stock
options, a reserved parking space, a corner office with a secretary, and bonus pay for good
performance. The degree to which job activities change varies between industries and sectors. In
some fields, even after an employee is promoted, they continue to do similar work. For example,
a policy analyst in the federal government who is promoted to the post of senior policy analyst
will continue to do similar tasks such as writing briefing notes and carrying o ut policy research.
The differences may be in the complexity of the files that the individual is assigned to or in the
sensitivity of the issues that they are asked to deal with. In other fields, when an employee is
promoted, their work changes substantially. For example, whereas a staff engineer in a civil
engineering firm will spend their time doing engineering inspections and working with

61
http//en-wikipedia.o rg/wiki/pro motion-(ran k) (retrived on 9/8/ 2012)
62
ibid

19
blueprints, a senior engineer may spend most of their day in meetings with senior managers and
reading financial reports. In symphony orchestras, when a musician such as a violinist is
promoted to the position of concertmaster, their duties change substantially. As a violin player,
the individual played the music as part of the violin section. As a concertmaster, the ind ividual
plays solo parts, decides on the bowings and interpretation of the music, and leads the violins
during performances. Different organizations grant the hiring and promoting managers different
levels of discretion to award promotions. In some parts o f the private sector, the senior
management has a very high level of discretion to award promotions, and they can promote
employees without going through much procedures or formalities such as testing, screening, and
interviewing. In the public sector and in academia, there are usually many more checks and
balances in place to prevent favoritism or bias. In many Western public service bodies, when a
manager wants to promote an employee, they must follow a number of steps, such as advertising
the position, accepting applications from qualified candidates, screening and interviewing
candidates, and then documenting why they chose a particular candidate. In academia, a similar
approach is used, with the added safeguard of including several layers of committee review of
the proposed promotion using committees which include members of other faculty and experts
from other universities 63 .

3.2.3. Transfer

Transfers and job rotation are forms of enlargement entailing movement from one job to another
of comparable responsibility. Transfers usually last for a longer term while job rotation may
imply several short term job changes. In addition, some rotations are cyclical and involve going
through the same set of jobs over and over. 64

In a dairy, for instance, workers may be part of a job rotation cycle from milking to cow feeding
to calf feeding. Besides alleviating possible boredom, transfers and job rotations expose workers
to more tasks. When an absence or turnover occurs, it helps to have other knowledgeable
employees who can perform the vacated job 65 .

63
ibid
64
http://nature.berkeley.edu/ucce50/ag-labor/7labor/04.ht m ( ret rived on 9/ 8/2012)
65
ibid

20
Morale can suffer when transfers require employees to relocate. A raise in pay may help.
Relocations, although not common in farming, can be particularly trying in homes where both
husband and wife work. Some organizations requiring relocation may offer assistance to the
other working spouse in finding a job in the new community. International assignments carry
unique challenges and opportunities 66 .

In some sectors, inadequate paid transfer allowances have become a burning issue, in some
sectors, employees have been transferred to another area without payment of transport and
subsistence allowance, this has faced mostly of teachers including those in first appointment. It
has been a tendency for the government to pay allowances lately. About 12 interviewed teachers’
comments on the need of payment of allowance to extend even to those who request to be near of
their home in order to look after their aged parents and those transfers as operational requirement
here, they said employer should incur the expenses. The study have come to note that some
employers of the private sector use the advantage of their workers ignorance to deny their
contractual rights for example one respondent explained that during operational requirement
almost five families could be taken into a heavy duty motor trolley hauling a wagon in which a ll
families properties are loaded and transported to the new located station and when subsistence
and transfer allowance come into question they where only paid disturbance allowance.
Something contrary to the employment law 67

3.2.4. Working Hours

The weekly maximum working hours usually are 48 hours and a worker cannot be forced to
work beyond the stipulated hours. You can work more than 48 hours in one week as long as the
average over 17 weeks is less than 48 per week. Your working week is not covered by t he
working time limits if you have a job 68

The law 69 protects an employee from long working period by providing a maximum working
time to 12 hours in a day, and if there is a need to prolong working hours the employer should
discuss with his employee about working extra hours but should not be beyond 50 hours in 4

66
ibid
67
Field work conducted on 15/ 07/ 2012
68
http://m.direct.gov.uk/syndication controller a act ion=sub content912.8.2012)
69
S.19(1) of ELRA

21
weeks time 70 .This provision (supra) shall not apply to employee who manage other employees
on behalf of the employer (Managing executives)

There is extra legal protection for people working at night. However there are exceptions that
you should be aware of. 71 . The law 72 restricts, at some stage, pregnant employee and nursing
mothers to work at night. The law 73 requires employers to pay night allowances to workers who
work during the night at a rate of 5%of employee basic salary for each hour worked at night. If
you are a night worker you should not work more than an average of 8hours over a night – time
period. This is generally regarded as 11pm-6am, you can easily calculate your average hours to
find out your average working time length. An employer should identity any hazards in your
work, asses how harmful they could be and take steps to reduce any risks. There are separate
special rules for workers in air, sea and road transport 74

Most businesses operate even on Sundays, whenever you work, you might be asked to work on
Sundays .section 25 of ELRA obliges an employer to pay his employee double the employee
basic wage for each hour worked on Public holidays and Sundays respectively. Therefore it is
important to know your right when it comes to Sunday work.

As far as rest breaks is concerned, most workers have no right to take breaks, but whether or not
you are paid for them depends on the terms of your employment contract 75 ..There is a variety of
different breaks from work and they can be broken down into the following categories such as
tea breaks, lunch breaks and other short breaks during the day ‘daily rest”, the break between
finishing one day’s work and starting the next. Weekly rest- whole days when you don’t come
into work for many people this will be the week end 76 .
The law 77 providers for the right to rest at least 60 minutes for a worker who worked
more than five hours continuously.

70
ibid
71
http://m.direct.gov.uk/syndications controller (retrived on 16/ 08/2012)
72
s.20(2) ELRA
73
ibid
74
http:m.direct. gov.uk/ syndication controller .( retrieved on 21/ 08/ 2012)
75
Op.cit http://m.d irect
76
Ibid
77
Op. cit, Act no 6/ 2004, s.23 & 24

22
3.3. Institutional Operation in Protection of Employees Working Conditions

3.3.1. Trade Unions

A trade unions is an organization of workers who have joined together so as to try to improve
their working conditions and protect their interest and the main object of the union is to regulate
the relationship between the employer and employees at work places in the day to day
activity78 .In Tanzania trade unions are allowed, and among the registered unions are TUCTA,
TUICO, TRAWU, TTU, TUGHE, and TALGWU. Employers are bound by the law to bargain
with recognized Trade Union79

Under collective bargaining unit Trade Unions continue to work as effective as did during the
colonial period. They provide the worker with rules and defend their members against arbitrary
management actions. 80 In 1994 for stance the Trade Unions Co ngress of Tanzania (TUCTA)
organized a nation wide general strike the trigger was on unfulfilled promises by the Tanzania
President to increase wages and salaries 81

TUICO also has involved in the National Micro Finance Bank(NMB) strike of 2008 in which
82
workers successfully demanded terminal benefit after their bank had been restructured .Again
in 2010 TUCTA prepared (but finally shelved) a general strike push for public servants
complaints over low and delayed payments 83

Challenges which trade unions facing is that most employers including the government fail to
realize the potential strength of the Trade Unions until it is forced upon them. In some cases
employer the government for example have underestimated union power and its result has been
devastating, the recently doctors strike on Monday 25 jan2012 illustrate 84

78
S.N.M Nzuve ,1990, BBS 308 Business Administration Labour Relations ‘Nairobi University Press, p. 8
79
Op. cit Act no 6/ 2006, s.68
80
http://www.ide.setro.1P/ English/publish/periodicals/de/pdb/8b -01-05 pdf ( retrived on 3/ 4/2012)
81
Ibid
82
Ibid
83
Global Labour Journals, vol 2,issue 2GLJ 2.2,MA Y 2011,5-29-2011
84
Op. cit, Daily News Newspaper

23
Trade unions some times do not support themselves especially when their demand require their
solidarity, for example in 2010 TUCTA prepared a general strike some Trade Unions celebrated
the may day (workers day) at Mnazi mmoja grounds while the majority workers went to the
national stadium one respondent who is a trade union leader said the study shows that not all
unions are equally active in organizing strikes, respondents mainly were TUICO and TTU.
Contractual terms depending on the kind of the contract parties have entered into.

3.3.2. Labour Office

The United Republic of Tanzania labour offices divided into 11 Zones and 127 Districts. At
present there are 32 labour offices covering Ta nzania Mainland. Twenty of these are regional
labour offices (seven of which are so called “principal offices”) and another twelve (12) are
District labour offices. Labour offices in the regions are responsible for a wide range of labour
and employment matters including inspection, to solve grievance of workers, individuals as well
as collective, with view of solving their indifferences 85 .

Settlement of labour dispute involves three modes the first mode is Mediation, Arbitration is the
second mode, and Adjudication is the third mode of resolving dispute under the EL.RA In the
event that there is a dispute between workers against their employer, a trade union (bargaining
Unit) on behalf of workers submit the dispute notice to the employer through a prescribed form
.When the employer fails to meet with the trade Union within thirty days of submission though it
may be extended by agreement of the parties in dispute, the trade union may refer the dispute to
the commission for mediation. If the mediation is successful the decision or agreement may be
enforced in the labour Court as a decree of a competent Court. The mediator is required to deal
with the dispute with minimum regard to legal technicalities. If the mediator fails then the matter
may be referred for arbitration or to the labour court for adjudication. 86

Normally Arbitrator is appointed by the commission on ad hoc basis. At the conclusion of

arbitration, the arbitrator will issue an award which will be enforceable as normal decree of the
court. Therefore it is important to note that employers treat their employees fairly and in
accordance with the labour laws. However appeal arise out of arbitration lie to the High Court

85
http//www.ilo.org/labad mn/info/wcms -1224 ( retrived on 3/8/ 2012)
86
Op. cit, Act no 6/ 2004, s.67, see also Act no 7/ 2004, s. 12

24
Labour Division, unfortunately, to date it centered in Dar es Salaam and no other branches has
already established throughout the country, this cause accessibility to the court in case of appeal
being difficult.

3.3.3. Non Governmental Organization

The NGOs have been in one way or another tried to their best to protect workers rights, the Legal
and Human Rights Centre for example, have raised concerns that language in the new labour law
make strike practically difficult in certain sectors such as transport, health services, water and
sanitation, even if such dispute affects their area o f work the law restrict them from striking with
other sectors 87 .The Kiota Women’s Health and Development Organization work to rehabilitate
exploited girls who work as prostitute or domestic servant. According to information gathered
from the field most house girls said that their have been pressured into having sex or were forced
to engaged sexual intercourse with males in the families they served. 88

CHODAWU on the other hand has established village level inspection to identify cases of
exploitative and it has also coordinated with grassroots child labour committee to with draw
children from exploitation, this committee includes persons such as teachers and nurses 89

3.4. Conclusion
This chapter has critically disclosed the law on payment of wages (recommendation) hours of work
discrimination, promotion and transfers respectively, it has seen that some employer have involved in
infringement of exposed working standard. The situation attracts inquire from the field to explore more
information which is the subject of next chapter

87
Op . Cit, Internationally Recorgnised Core Labour Standards in Tanzania, Report of the WTO General Council
Review of the Trade Policies of Tanzan ia, (Geneva 25 and 27 October 2006) ,p. 6
88
Ibid
89
Op. cit, World of Work, Ilo Magazine “Tanzania Do mestic Workers, no 68 April 2010, p 15

25
 CHAPTER FOUR

FINDINGS OF THE RESEARCH

4.1. Introduction

In the preceding chapter we have seen some working standards that have been infringed by some
employers, the role played by NGOs’ and labour offices in protection of employees has also exposed. It
is reality that labour laws, albeit with challenges, provide a frame work in which a party to the contract
should abide to. In this chapter of the study concentrate to analyse actual situation at the field

4.2. The Analysis

This area is concerned with tests to the formulated hypotheses. The researcher has consulted primary
and secondary source of data as set in chapter one through questionnaires and interviews from various
respondents. In fact the research has found that there are challe nges surround protection of employee
minimum working standard itself and sometime its enforcements, it has been found that terms and
condition of employment contracts have been infringed by some employees;-

4.2.1. Working Hour

The laws and regulations regarding hours of work is very clear, it provide maximum working time to 12
hours a day90 and provides a room for the parties to the contract to bargain where there is a need to
prolong working hours 91 . Also an employee has the right to refuse to work overtime. the research found
that despite the fact that there is prescribed hours of work, there is long and inadequate working hours
and unduly have working load. Some workers are forced to work beyond the maximum hours
particularly those doing domestic works for example house maids, tobacco farms, construction
companies. Out of 30 respondents interviewed. 20 respondents said that long hours of work have
potentially damaging impacts on workers and their families as well as enterprises performance. They
said further that they work between 12 hours and 14 hours every day for seven days without rest or
payment of allowance for the extra hours worked, 8 respondents said they have been forced to work
overtime by threat without overtime allowance under being terminated. The study also found that the

90
Op. Cit no 6/ 2006, s..19(1)
91
Ibid, s.19(3)(a)

26
local government employees vary in working environment. In the case study at Ndevelwa Ward, Izenga
and Ifucha Primary schools in Tabora Urban and at Magoweko and Ikomwa in Kakola Ward, the study
show that teachers of urban areas have reasonable working environment compared to teachers working
in rural areas. Like other civil servants, rural teachers are also expected to travel 30 kilometers to and
from work places five days a week. Therefore most respondents interviewed at field prefer to work
within the working places.

4.2.2. Payment of Wages

Payment of wages and other remuneration has been provided in the Constitution of the United Republic
of Tanzania 92 and the ELRA 93 but inadequate wages and allowances have been a burning issue in due to
its variance among various sectors, that is, public and private sectors, a significant variation is seen
between employees in formal sectors and informal sectors, it has been a state of affairs that employees in
informal sectors are the most affected. The LIA 94 granted power to the minister to appoint wage board
members but workers of certain sectors are in doubt on the effectiveness of the board members as a
result struggling for contractual rights in the form of strike arises, most often de manding the employers
to comply with their contractual obligation, to pay them adequate salary and other entitlements, the
recent doctors strike of Jan & June 23, 2012 all over the country illustrate. 95 Also in July, 2012 teachers
involved in strike on the same reasons. The researcher has found that there is inadequate fixation of
payment or payment structure ,according to CWT, TUCTA, TUICO,TUGHE,TALGWU and
CHODAWU leaders ,the legal minimum wage even when supplemented with various benefits the
minimum rate did not always provide adequate standard of living for a worker and his family. most
workers particularly in the growing informal sectors were paid much less, for examples domestic
workers reportedly earning approximately 5-7 thousands shilling per month and employers regularly
fired employees shortly after hiring them to avoid having to adhere to a law requiring them to provide
certain benefits when they reached 6 months in work some interviewed respondent said that wage
estimation are not comparable with the prevailing World economic crisis.

92
Op. cit, Cap. 2 [RE 2002], art 23
93
Op. cit, Act no 6/ 2004, s.26 &27
94
Ct no 7/2004, s.35
95
Faraja Mgwabati, Striking Doctors get ultimatum,Daily News, January,30,2012 Front Page

27
4.2.3. Promotion
As far as promotion the study observed that workers are not promoted in time some have not been
promoted for a number of years ranging from five years to twenty years of service, out of 20 interviewed
health workers for example found placed on the government salary scheme according to their
qualification. Each employee expect promotion after every three years however interviewees claimed to
have stayed in the same position for much longer time without promotion. one respondent in his letter
of appointment he were told that he would be eligible for promotion after every three years of service
in one position but he don’t know where his right has gone to. Promotion is considered as basic right
and delay of it is seen as violation of the contract between the employer and employee and constitutes
a major source of dissatisfaction, one respondent said that she is approaching the retiring age and she
has only two years compulsory retirement she doubted probably she will have a poor pension.

4.2.4. Transfer
Inadequate paid allowances have become a burning issue, in some sectors, employees have been
transferred to another areas without payment of transport and subsistence allowance, this has
faced mostly of teachers including those in first appointment. It has been a tendency for the
government to pay allowances lately. About 12 interviewed teachers’ comments on the need of
payment of allowance to extend even to those who request to be near of their home in order to
look after their aged parents and those transfers as operational requirement here, they said
employer should incur the expenses. The study have come to note that some employers of the
private sector use the advantage of their workers ignorance to deny their contractual rights for
example one respondent explained that during operational requirement almost five families could
be taken into a heavy duty motor trolley hauling a wagon in which all families propert ies are
loaded and transported to the new located station and when subsistence and transfer allowance
come into question they where only paid disturbance allowance. Something contrary to the
employment law

From the above analysis there is strong evidence that the hypothesis set have proved in affirmative
that,(1)there is infringement of working conditions at work places (2)it is found that the law pertaining
to protection of employees right is open ,the problem lies with the law enforcers such as labour officers
particularly the labour inspection section and employers respectively. (3) There is an instrument set

28
by the law to ensure that these rights are controlled and are not breached the problem is that, there is
inadequate supervision of person vested with labour law administration. (4)There are mechanism which
ensure that in the event workers right has been breached or violated either individually or
collectively (individually where in dispute is a complaint and collectively where the issue in dispute of
interest ). However, it has been found that, not easy to negotiate for terms and conditions of employment
contract for those doing their household jobs. 12 household interviewed faced termination without
payments of fringe benefits asserted that they didn’t know anything about their right and where to
complain in case of infringements

In nutshell, there have been weak enforcement of legal measures against employers , thus extensive jobs
in security, law pay and dangerous working environment, informal sector do not enjoy as formal
sectors to, there are closely linked to low payment. A worker is seen as a special kind of tool of
production instead of an important part of the firm or institution or house hold. Until now this attitude
still persist in both public and private undertakings.

29
 CHAPTER FIVE

GENERAL CONCLUSION AND RECOMENDENTIONS

5.1. Introduction

It is reality that the overall analysis of the law and its practice prove in affirmative set hypotheses, in that
it disclose that there are challenges circumscribing enforcement of labour laws and sometimes the law
has been the snag in protection of working conditions. This part concludes the study and is going to
point out recommendations relevant to the study.

5.2. Conclusion

In this study the researcher has analyzed practice and challenges on protection of terms and conditions
of employment contract. Generally each party to an employment contract should perform his contractual
duties the law shows that any party who fails to perform his obligation is in breach punishable by the
law, despite of that some employers are still in violation of working terms and condition; this is contrary
to the Constitution of the United Republic of Tanzania, 96 provide that every citizen is entitled to equal
opportunity and right to equal terms, without any kind of discrimination in remuneration commensurate
with his work, now it is here under recommended that.

5.3. Recommendations

-Trade Unions should ensure the hours of work in all industrial undertakings are complied by employers,
for example workers dealing or working in tobacco barn during the night in such a way to ensure them
period of rest compatible with their physical necessities to less than mine consecutive hours, for t hese
working beyond ordinary working hours, should enjoy conditions not less favorable than other workers
generally.

-The activists involves in protection of workers should use available legal mechanism example filing of
judicial review on which the wage board decision to fix wage can be challenged immediately beside of
waiting procedures of strike which is circumscribed by long process and the tendency of government to
file injunction in the court to forfeit the right to strike that defeat employees demand

96
Op. cit, Cap. 2, art.22(2)

30
-Domestic workers have limited bargaining power due to circumstances of their working environment;
they work out of public sight. The government should make sure that domestic workers enjoy freedom
of association and effective recognition of its right to collective bargaining by ratifying the ILO
Convention on domestic work because even domestic workers makes an important contribution to the
country economy.

-The government under its institution (LIA) to oblige employers of informal sector to maintain an
employment contract form or to establish a model contract of employment for domestic work to protect
them from abuse, harassment and violence

-There should be established accessible complement mechanism for domestic workers to report cases of
abuse, harassment and violence to ensure that such act are investigated and prosecuted as appropriate.

31
BIBLIOGRAPHY

A: LIST OF BOOKS/TEXTS
 Ackson ,T., Report on the Review of the Regulatory Framework on Working Conditions
in Tanzania ILO,DSM (2009)
 Illife J.A History of the Dock workers of Dar-es Salaam TNR no.71,1970,Cambridge
University Press. UK
 Kahyaara G. and Rutastara L., Report on Working Conditions Survey in
Tanzania.ILO,DSM,2009
 Keenan D., Smith and Keenan’s English Law, Pitman Publishing Limited ,8th
edition,1986
 Mchome W.J., Practioners Companion of Labour Law (Digest of Cases and Material in
Law) 1998.
 Nzuve,S.N., Labour Relations.BBs 308,Nairobi University Press,1990
 Pitt. G., Employment Law,4th edition Sweet & Maxwell Ltd, London, 2000
 Rutherford.L., & Bone S, (Ed’s) Osborn’s Concise Law Dictionary,8th edition,Universal
Law Dictionary Co.Ltd.4th Indian Reprint,2003
 Shivji I.G., Law,State and the Working Class in Tanzania, TPH,Dare—Salaam,1986
 Sikalumba A.J., Legal Aspects of Employment Contract and Dispute Settlement Schemes
in Tanzania, Research and Publication Department Mzumbe University,2003
 Turner.C., Tort Law, Book Point Ltd,2003

B: CONFERENCE AND SEMINAR PAPERS

-Cornel K. Mtaki (DR), the New Labour Laws in Tanzania Implication for Employers, Employee
and the Economy Paper Presented at a Policy Dialoque Seminar on New Labour Laws in
Tanzania at the Conference Hall of the Economic and Social Research Foundation, 12th
September, 2005

C: PUBLICATIONS
-ILO (2009), National Profile of Working Condition in the URT, ILO GENEVA

32
-National Bureau of Statistics (2007), Key Findings for Intergrated labour Force 2006, DSM

-US Department of State Report on Human Rights Practices, 2005,Released by the Bureau of
Democracy, Human Rights and Labour March 8, 2006

-United Republic of Tanzania, Waraka wa Utumishi wa Serikali na 1 wa Mwaka 2005

Marekebisho ya Mshahara ya Watumishi wa Serikali, Dare es Salaam, Presidents Office 2008

-United Republic of Tanzania, Ufafanuzi wa Waraka wa Watumishi wa Serikali na 2 wa Mwaka

2008, Kuhusu Muundo na Marekebisho ya Mshahara kwa Kada Zilizo Chini ya Wizara ya Afya
Dare es Salaam, Presidents Office, 2008

D: WEBSITES
-http:// www.africa pay.org/Tanzania/home/lab………..(2/4/2012)

-http://www.africanews.com/site/Tanzania-railwaysworkes strike for wages(3/4/2012)

-http://wwwbloomberg.com/apps/news?pid”Tanzania railway workers after salaries are not

-http://daressalaamwantedAfric.com/new/news”workers-strikein- Tanzania,mon
march29,2010”(7.4.2012)

-http://www.dfid.gov.uk.R4D/PDF/outputs/policystrategy/3888teacher-motivation-
tanzania.pdf(29/3/2012)

-http://www.history guide.org/intellect/lecture17a.html(9/11/2011)

-http:p//www.ilo.org/dyn/trvail/trav main.home(20/1/2012)

-http://www.tzommoncents.wordpress.com/2007/11/04/disparityin–wage-key reason(2/4/2012

33
paid”(6.4.2012)

-http://wikipedia.org/wiki/category.international labour organization conventions(9/11/2011)

34
APPENDIX ‘A’

Questionnaires to be completed by employees

1. How many hours do you work a day?

(a) 8 hours
(b) 12 hours ( )
(c) Above

2. How long have you been working in this field?

(a) 0-5yrs
(b) 6-15 yrs ( )
(c) Above

3. When was your last promotion?

(a) 3 yrs ago
(b) 5 yrs ago ( )
(c) 10 yrs ago
(d) Never

4. Is there any working motivation?

(a) Yes
(b) No ( )

5. Are payment of wages and other remuneration adequate?

(a) Adequate
(b) In adequate
(c) Not substantially ( )

6. Are you satisfied with working environment?

(a)Yes

35
(b) No
(c) Some how ( )

7. What causes of poor working conditions

(a) Financial problem
(b) Reluctance
(c) Ignorance
(d) Hostile management ( )

8. What do you think some employees have remained in one post quite for a long time?
(a) Lack of qualification
(b) Discrimination
(c) Incapability ( )

9. Are the terminal benefits adequate?

(a) Adequate
(b) In adequate
(c) Not satisfactory ( )

36
APPENDENDIX (B)

Questionnaires to be completed by Trade union leaders

1. What is the main cause of poor working condition?

(a) Ignorance of the law
(b)Reluctance
(c) Hostile management
(d) Financial problem ( )

2. I s the Tanzania labour law adequate

(a) Adequate
(b) In adequate
(c) Some how

3. Are workers a ware of their employment contractual rights?

(a)Yes
(b) Some
(c) Not sure ( )

4. What is the source of the strike?

(a) Law pay
(b) Non adherence of contractual terms ( )
(c) Long working hours
(d) All of the above

5. Is the process of collective bargaining important tool in dispute resolution?

(a)Yes
(b) No
(c) Some how ( )

37