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The main sources of labor laws in Tanzania are the following:
1. The Constitution of the United Republic of Tanzania, 1977 (“URT Constitution”) is the basic norm. All other laws are subject to it. It establishes essential rights in labour law i.e. right to work, right to just remuneration, duty to participate in work, freedom of expression, freedom of association, etc.
2. Employment and Labour Relations Act, 2004 (Hereinafter “ELRA, 2004”) regulates all employer-employee relationships. It provides for core labour rights, basic employment standards, framework for collective bargain, for prevention and settlement of disputes and other related matters. It is supported by subsidiary regulations i.e. Employment and Labour Law (General) Regulations, 2017; Employment and Labour Relations (Code of Good Practice) Rules, 2007.
3. Labour Institutions Act, 2004 (“LIA, 2004”) establishes labour institutions, their functions, powers and duties and other related matters. It is supported by subsidiary regulations i.e. Labour Institutions (General) Regulations 2017, Labour Institutions (Mediation and Arbitration) Rules 2007.
4. The Non-Citizens (Employment Regulations) Act, 2015 regulates and realigns the regime for employment and engagement of non-citizens in Mainland Tanzania. Dynamics of foreigners’ employment in the country and exuding the country’s labour policies when it comes to local vs. expatriate employments are covered in this Act as well as its Regulations.
5. Other Laws: There are other laws, which in one way or another, regulate employment issues. These include: the Workers’ Compensation Act of 2008 (Revised Edition 2015); Occupational Safety and Health Act, 2003; and Pension statutes together with the Social Security (Regulatory Authority) Act, R.E. 2015.
6. Judicial decisions (case laws) from the Court of Appeal and High Court on labour matters. These set precedents on labour disputes and in retrospect define the employer-employee relationship further.
7.International Conventions on Employment/Labour Law i.e. Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87); Abolition of Forced Labour Convention, 1957 (No. 105); International Covenant on Civil and Political Rights; C098 – Right to Organise and Collective Bargaining Convention, 1949 (No. 98); C144 – Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144); C135 – Workers’ Representatives Convention, 1971 (No. 135).
