Last Change:

06/24/2025

Employment and Labour Relations Act

Year: 2004

Type: Domestic law

Rights Category: Work & Workplace rights

Description

The "Employment and Labour Relations Act No. 6 of 2004" is a Tanzanian law that consolidates the law relating to trade unions and trade disputes, aiming to promote sound labor relations and facilitate just, expeditious, and efficient dispute resolution. 

Selected provisions
Section 5.1 - Prohibition of child labor

No person shall employ a child under the age of fourteen years.

Section 5.2 - Prohibition of child labor

A child of fourteen years of age may only be employed to do light work, which is not likely to be harmful to the child's health and development; and does not prejudice the child's attendance at school, participation in vocational orientation or training programmes or the child's capacity to benefit from the instruction received.

Section 5.3 - Prohibition of child labor

No person shall employ a child under eighteen years of age in a mine, factory or as crew on a ship or in any other worksite including non-formal settings and agriculture, where work conditions may be considered hazardous by the Minister.

Section 5.5 - Prohibition of child labor

Notwithstanding the provisions of subsection (3), any written law regulating the provision of training may permit a child under the age of eighteen to work under supervised conditions in the course of his training.

Section 37.1 - Unfair termination

It shall be unlawful for an employer to terminate the employment of an employee unfairly.

Section 37.2 - Unfair termination

A termination of employment by an employer is unfair if the employer fails to prove— (a) that the reason for the termination is valid; (b) that the reason is a fair reason— (i) related to the employee's conduct, capacity, or compatibility; or (ii) based on the operational requirements of the employer; and (c) that the employment was terminated in accordance with a fair procedure.

Section 6.1 - Prohibition of forced labor

Any person who procures, demands or imposes forced labour, commits an offence.

Section 6.2 - Prohibition of forced labor

For the purposes of this section, forced labour includes bonded labour or any work exacted from a person under the threat of a penalty and to which that person has not consented but does not include- (a) any work exacted under the National Defence Act, 1966 for work of a purely military character;
(b) any work that forms part of the normal civic obligations of a citizen of the United Republic of Tanzania;
(c) any work exacted from any person as a consequence of a conviction in a court of law, provided that the work is carried out under the supervision and control of a public authority and that the person is not hired to, or placed at, the disposal of private persons;
(d) any work exacted in cases of an emergency or a circumstance that would endanger the existence or the well-being of the whole or part of the population;
(e) minor communal services performed by the members of a community in the direct interest of that community after consultation with them or their direct representatives on the need for the services.

Section 7.1 - Prohibition of discrimination in employment

Every employer shall ensure that he promotes an equal
opportunity in employment and strives to eliminate discrimination in
any employment policy or practice.

Section 7.4 - Prohibition of discrimination in employment

No employer shall discriminate, directly or indirectly, against an
employee, in any employment policy or practice, on any of the
following grounds:
(a) colour;
(b) nationality;
(c) tribe or place of origin;
(d) race;
(c) national extraction;
(f) social origin;
(g) political opinion or religion;
(h) sex;
(i) gender;
(j) pregnancy;
(k) marital status or family responsibility;
(1) disability;
(m) HIV/Aids;
(n) Age; or
(o) station of life.

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