GN 47 The Employment and Labour Relations (General) Regulations, 2016

Employment and Labour Relations (General)
G.N. No. 47 (contd.)
GOVERNMENT NOTICE NO. 47 published on 24/02/2017
THE EMPLOYMENT AND LABOUR RELATIONS (GENERAL)

REGULATIONS, 2017
ARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY PROVISIONS
Regulations Title
1. Citation.
2. Interpretation.
PART II
CHILD LABOUR PROHIBITION
3. Prohibition of employment of children.

4. Circumstances permitted to employ a Child.
5. Time for rest.
6. Hours of work.
7. Lifting of objects.
8. Employer to keep register.
9. Mode of remuneration.
10. Contract of employment for the child.
PART III
EMPLOYMENT STANDARDS
11. Contract for specified period.

12. Statement of employees’ rights.
13. Payment of remuneration.
14. Annual leave.
15. Breast feeding during working hours.
16. Subsistence expenses.
17. Certificate of service.
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PART IV
TRADE UNIONS, EMPLOYERS’ ASSOCIATIONS AND FEDERATIONS
18. Forms for registration of organizations, federations and confederation.

19. Register.
20. Registration for organization.
21. Registration of federation and confederation.
22. Establishment of bonafide motive.
23. Area of recruitment.
24. Notice of refusal to register.
25. Certificate of registration.
26. Loss of certificate.
27. Notice of intention to cancel registration.
28. Notice of intention to change name, constitution and rules
29. Notice of refusal to approve change of name, constitution and rules.
30. Public notice.
31. Notice of affiliation.
32. Notice of change of registered office, address or office bearers.
33. Fees.
34. Forms.
PART V
MISCELLANEOUS PROVISIONS
35. Offences and penalties.

36. Specific penalty.
37. Agency fee.
38. Compliance to the Act.
39. Exemptions.
40. Grievance procedures.
41. Revocation.
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SCHEDULES
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THE EMPLOYMENT AND LABOUR RELATIONS ACT,

(CAP. 366)
___________
REGULATIONS
___________
(Made under section 98(1))

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THE EMPLOYMENT AND LABOUR RELATIONS (GENERAL) REGULATIONS, 2017
PART I
PRELIMINARY PROVISIONS
Citation 1. These Regulations may be cited as the Employment and

Labour Relations (General) Regulations, 2017.
Interpretation 2. In these Regulations, unless the context otherwise

requires-
Cap. 366 “Act” means the Employment and Labour Relations Act;
“child” has the meaning ascribed to it under the Act;
''collective agreement'' has the meaning ascribed to it under the Act;
"contract of service" means any written contract to employ an
employee for any period of time or number of days to be
worked or to execute any task or specific task, to perform
any journey and includes a foreign contract of service;
“Council” has the meaning ascribed to it under the Act;
“employer association” has the meaning ascribed to it under the Act;
“employment” has the meaning ascribed to it under the Act;
“executive officers” means the leaders of the organization;
“federation” has the meaning ascribed to it under the Act;
“hazardous work” means any work for earning, performed by a
child in any of the sectors prescribed in the First Schedule
to these Regulations;
“Labour Commissioner” has the meaning ascribed to it under the
Cap. 300 Labour Institutions Act;
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Cap.300 “Labour Officer” has the meaning ascribed to it under the Labour
Institutions Act;
“organization” has the meaning ascribed to it under the Act;
“plan” means the plan for elimination of discrimination at work
place referred to in section 7 of the Act;
Cap. 300 “Registrar” has the meaning ascribed to it under the Labour
Institutions Act;
“trade union” has the meaning ascribed to it under the Act.
PART II
CHILD LABOUR PROHIBITION
Prohibition 3.-(1) No person shall employ or cause to be employed a
of child under the age of fourteen.
employment
of children
(2) Without prejudice to the provisions of sub-part A of Part
II of the Act, a child of fourteen of age and above may be employed
to perform light work which is not listed in the List of Hazardous
Works for Children in a manner set out in the First Schedule to these
Regulations.
Circumsta- 4.-(1) Subject to sub-regulations (2) and (3), no child who is
nces still attending school shall be required or permitted to work in any
permitted to
employ
establishment in excess of three hours per day.
child
(2) A child of fourteen years and above who-
(a) is on leave;
(b) has completed his studies; or
(c) is not in school for any justifiable reason,
may be employed to work in an establishment for not
more than six hours per day:
Provided that the employer shall be responsible for the safety
of the child so employed at the work place.
(3) Notwithstanding the provisions of sub-regulation (1), no
child shall be required or permitted to work during school hours.
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Time for 5. Notwithstanding the provisions of regulation 4(2), a child

rest shall not work for more than three consecutive hours, without at
least, an hour rest.
Hours of 6. No child shall be required or permitted to work-
work
(a) overtime; or
(b) between 8p.m and 6a.m.
Lifting of 7.-(1) It shall be a condition of employment of any child
objects whose employment is permitted under the provisions of the
Employment and Labour Relations Act, that-
(a) a child of fourteen upto sixteen years shall not be
permitted to carry any load weighing more than 15
kilograms;
(b) a child of above sixteen years shall not be permitted
to carry any load weighing more than 20 kilograms.
(2) Notwithstanding the provision of sub-regulation (1),
where a child is subjected to the conditions prescribed therein, the
employer shall have the burden to prove that the load or object does
not exceed the ability of the child.
(3) Notwithstanding anything in this regulation, the Labour
Commissioner or any labour officer shall have the power by order to
prohibit the employment of children in any case if he is satisfied that
the conditions of employment of children are unsatisfactory.
Employer 8.-(1) Every employer shall keep and maintain a register in

to keep respect of children employed in his work place.
register
(2) The register referred to in sub-regulation (1) shall contain
the following particulars:
(a) name of the child;
(b) date of employment;
(c) date of birth and present age of the child;
(d) place of domicile;
(e) level of education;
(f) type of work performed by child;
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(g) particulars of parents or guardians; and

(h) school attendance status of each child.
(3) In addition to the particulars mentioned under sub-
regulation (2) the employer shall be required to attach-
(a) certified copies of birth certificates or any other
evidence as to the age of the child from relevant
authority of all children working at his work place;
and
(b) evidence in writing as to the consent of-
(i) a parent;
(ii) a guardian; or
(iii) a relative.
Mode of 9. In remunerating a child, the employer shall comply with

remuneratio wage rates set by the Minister from time to time.
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Contract of 10.-(1) Subject to regulation 4, an employment of a child

employment granted under these Regulations shall be in writing and the child
for the child
shall be entitled to a copy of the contract before commencing the
employment.
(2) The contract under sub-regulation (1) shall take into
Cap. 443 consideration the provisions of the Act, these Regulations, the Law
Cap. 13
GN. No. of Contract Act and the Law of the Child Act, and shall be in a
42 of 2007 manner set out in the Schedule to the Employment and Labour
Relations (Code of Good Practice) Rules, 2007.
PART III
EMPLOYMENT STANDARDS
Contract for 11. A contract for a specified period referred to under
specified section 14(1)(b) of the Act, shall not be for a period of less than
period
twelve months.
Statement 12. Statement of employee’s rights provided for in section
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of 16 of the Act shall be in the manner prescribed in form LAIF. 9 set

employees out in the Second Schedule to these Regulations.
rights
Payment of 13.-(1) Notwithstanding the type of contract or the basis of

remuneration employees’ remuneration, payment thereof shall be done monthly or
in any other period agreed by the parties basing on the nature or
technical requirements of the job.
(2) Subject to the provision of section 27(2) of the Act, every
employee shall be entitled to receive a written statement of
particulars that supports remuneration paid.
(3) A written statement of particulars issued under this
regulation shall be contained with the following particulars:
(a) name of employee;
(b) date, month and year of payment in respect of which
payment is made;
(c) name of employer or logo;
(d) employment or check number;
(e) statutory deductions;
(f) other deductions;
(g) gross or basic salary; and
(h) net salary.
Annual 14.-(1) Subject to the provision of section 31 of the Act,

leave employee shall comply with procedures for applying an annual leave
which shall be set by employer.
(2) Notwithstanding an agreement to work for payment in
lieu of annual leave in terms of section 31 (6) of the Act, an
employer shall ensure that no employee is continuously working in
any leave cycle without applying for annual leave.
Breast 15. Subject to the provision of section 33 (10) of the Act, a

feeding female employee shall, for a period of not less than six consecutive
during
working
months after maternity leave, be allowed to leave the office for a
hours maximum of two hours of his convenience during the working hours
for breast feeding the child.
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Subsistence 16.-(1) The subsistence expenses provided for under section

expenses 43(1)(c) of the Act shall be quantified to daily basic wage or as may,
from time to time, be determined by the relevant wage board.
(2) In determining the subsistence expenses, the conditions
Cap. 300 prescribed under section 37 of the Labour Institutions Act shall
apply.
(3) The tonnage entitlement for an employee shall be at least
one and a half tones.
(4) The rate of tonnage allowance shall be determined by the
prevailing transportation costs of that particular time.
Certificate 17. Certificate of service provided for in section 44(2) of the
of service Act shall be as prescribed in a form LAIF. 10 set out in the Second
Schedule to these Regulations.
PART IV
TRADE UNIONS, EMPLOYERS’ ASSOCIATIONS AND FEDERATIONS
Forms for 18. The principles and provisions of the Act regarding
registration of registration for organization, federations and confederation shall be
organization,
federation and
carried out and effected in the prescribed forms set out in the
confederation Second and Third Schedule to these Regulations.
Register 19.-(1) The Registrar shall keep the register for-

(a) trade union;
(b) employers’ association;
(c) federation; and
(d) confederation.
(2) The Registrar shall issue or refuse to issue a certificate
of registration to the organization or federation in a manner
prescribed in the Third Schedule.
Registration 20.-(1) Trade Union shall be registered upon application to
for the Registrar using the prescribed form TUF. 1 set out the Third
organization
Schedule to these Regulations and on the payment of application fee
prescribed in the Forth Schedule to these Regulations.
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(2) Employer’s association shall be registered upon

application to the Registrar using the prescribed form TUF. 2 set out
the Third Schedule to these Regulations and on the payment of
application fee prescribed in the Forth Schedule to these
Regulations.
(3) The registration under sections 46 and 48 of the Act
shall be done within thirty days from date of application.
(4) The Register shall contain-
(a) the name of the organization, federation or

confederation;
(b) physical and postal address, fax number, email
address and telephone numbers of the registered
office;
(c) the titles and names of executive officers and trustees
at the time of registration; and
(d) the date of registration.
Registration of 21. Federation or confederation shall be registered upon

federation and application to the Registrar using the prescribed form TUF. 3 set out
confederation
in the Third Schedule to these Regulation.
Establishment 22. Organization, federation or confederation shall not be
of bona fide registered unless it sets clearly a bona fide motive of its
motive
establishment by giving the Registrar any information as he may
require for such purpose or do anything that he may consider
necessary.
Area of 23.-(1) Subject to the provisions of sections 9 and 47 of the
recruitment Act, a trade union or an employer’s association shall expressly state
in its constitution the areas from which it recruits its members.
(2) A trade Union or an employer’s association which is
recruiting members from areas other than specified in its
constitution, commits an offence.
Notice of 24. Where the Registrar refuses to register an organization,
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refusal to federation or confederation, he shall, within thirty days, notify the

register applicant in writing the reasons of such decision, as prescribed in
the form TUF. 4 set out in the Third Schedule to these Regulations.
Certificate of 25. The Registrar shall issue a certificate of registration in
registration the forms TUF. 5, TUF. 6 and TUF. 7 in a manner set out in the
Third Schedule to these Regulations.
Loss of 26.-(1) Where the certificate of registration under these
certificate Regulations is lost or destroyed, the respective executive officer
shall, in writing, report to the Registrar for re-issuance of a new
certificate.
(2) The Registrar shall, upon being satisfied of such loss or
destruction, and on receipt of the prescribed fee, re-issue a new
certificate.
(3) Subject to sub regulation (2), the applicant shall
produce–
(a) in case of a lost certificate, a loss report issued by
Police; and
(b) in case of a destroyed certificate, a copy of such
certificate.
Notice of 27. The Registrar shall issue a notice of intention to cancel

intention to registration in a form TUF. 8 prescribed in the Third Schedule to
cancel
registration these Regulations.
Notice of 28. Any organization or federation wishes to change the

intention to
change name, constitution or rules of organization shall notify the Registrar
name, and fill in a prescribed form TUF. 9 set out in the Third Schedule.
constitution
and rules
Notice of 29. The registrar shall, in writing, notify an organization or

refusal to federation, of his approval or refusal to approve any change of
approve
change of
name, or change to the constitution and rules of a registered
name, organization, in a relevant form prescribed form TUF. 10 and 11 as
constitution set out in the Third Schedule.
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and rules
Public notice 30.-(1) The register and documents thereof shall be open to
public and may be accessible upon making a written request and on
payment of the prescribed fee specified in the Fourth Schedule to
these Regulations.
(2) Subject to sub regulation (1), copies of or extracts may
be issued by the Registrar within three days from the date of the
request.
Notice of 31. Where an organization or federation affiliates with an

affiliation international organization it shall, prior to such affiliation, notify the
Registrar in writing specifying the nature and condition of it, in a
prescribed form TUF. 12 set out in the Third Schedule to these
Regulations.
Notice of 32. Registered organization or federation shall, in writing,
change of notify the Registrar of any change made under section 52 (2) (c) and
registered
office,
(d) of the Act, as prescribed in a form TUF. 13 set out in the Third
address or Schedule to these Regulations.
office
bearers
Cap. 366
Fees 33. Fees specified in the Fourth Schedule to these

Regulations shall be paid to effect the carrying out of the provisions
and principles of these Regulations:
Provided that, Government Departments and Institutions
shall be exempted from payment of fees under these Regulations.
Forms 34.-(1) The forms set out in the Third Schedule to these
Regulations shall be used in all matters to which they refer.
(2) The forms made under these Regulations may be
modified, adopted or altered by the Minister in expression to suit
the purpose for which they were intended.
PART V
MISCELLANEOUS PROVISIONS
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Offence and 35. A person who contravenes provisions of these

penalties Regulations commits an offence and upon conviction shall be liable
to a fine not exceeding one million shilling or imprisonment for a
term of one year or both.
Specific 36. A person who contravenes provisions of these
penalty Regulations, where no specific penalty is provided under the Act or
these regulations, shall upon conviction, be liable to a fine not
exceeding one million shilling or imprisonment for a term of one
year or both.
Agency fee 37.-(1) The agency fee deducted under this regulation shall-
(a) be deducted from the membership fee paid to his
union at the rate agreed by the union concerned;
(b) not exceed half the fee paid by the employee to his
union; and
(c) in any way not more than the union fee paid by
members.
(2) Nothing in this regulation shall be construed to prevent a
deduction of agency fee from an employee who is not a member of a
Trade Union.
Compliance 38.-(1) The relevant authorities or businesses shall, in their
to the Act dealings, comply with the provisions of the Act, these Regulations,
Labour Laws and any other written laws.
(2) Where the compliance under sub regulation (1) is
effected by mutual agreement, it shall be binding and legally
acceptable terms contained therein shall form part of the
employment standards or conditions.
(3) For the purpose of this regulation, “employment
standards” means the standards specified under the Act.
(4) mutual agreement under sub-regulation (1), shall-
(a) specify the implications of non-compliance;
(b) engage employers participation in the social corporate
responsibility by contributing and support to enforce
voluntary initiatives for compliance in workplaces;
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(c) set specific timelines and make arrangements for-

(i) self-assessments, using the Compliance
Checklist made under the Labour Institutions
(General) Regulations, 2016 and send
periodical returns to labour office; and
(ii) statutory workplace inspections and audits of
employers’ self-assessment to be undertaken by
the Labour Officer.
(4) In auditing the compliance pursuant to sub-regulation (1),

the parties shall align with Labour Officer.
Exemptions 39. The Minister shall, in exercising his powers of

Cap. 366 exemption, use a prescribed form LAIF. 11 in a manner set out in the
Second Schedule to these Regulations.
Grievance 40.-(1) Grievance procedure prescribed in the Schedule to
procedures the Employment and Labour Relations (Code of Good Practice)
Rules, 2007 shall be included in the workplace employment policy,
practice, rules or regulations and be displayed in a conspicuous
place.
(2) Employer shall ensure that employees are made aware
and sensitized of the grievance procedures mentioned in sub
regulation (1).
Revocation 41. The Employment and Labour Relations (Forms) Rules,
of G.N No. 2007 are hereby revoked.
65 of 2007
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SCHEDULES
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FIRST SCHEDULE
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Made under Regulation 3(2)

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Hazardous Work For Children
LIST OF HAZARDOUS WORK FOR CHILDREN
A: AGRICULTURE
Tasks Hazards Physical and/or Psychosocial

harm
 Planting,  Heavy strenuous physical  Musculoskeletal injuries

weeding work and diseases
 Applying  Exposure to pesticides/  Pesticide Poisoning Food
pesticides fumigant Poisoning
including  Exposure to adverse  Dehydration, colds and
fertilizers weather condition respiratory illnesses
 Preparation of  Long working  Cuts and Abrasions
seed beds  Use of sharp equipment  Gastrointestinal illnesses
 Pruning and tools  Noise induced hearing
 Harvesting and  Inappropriate working loss
sorting tools and equipment
 Operating farm  Lack of proper PPE
machinery  Poor sanitation in the
 Driving farm farms
Vehicle,
Task Hazards Physical and/or Psychosocial
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harm
 Assisting  Inadequate and poor meals  Burns and scalds
technicians in farm  Poor physical and mental
workshops  Exposure to excessive development
 Carrying noise  Fatal or permanent disability
harvest to transport due to injuries
trucks  Contaminant drinking Respiratory diseases e.g.
 . Carrying water asthma, farmers lung,
water bucket bysinossis, etc
 Carrying  Fires  Allergic reactions from plant
wastes for disposal poisons
 Feeding farm  Snakes and insects  Skin diseases from infections
animals animal wastes
 Poor/awkward work Chemical poisoning from
 Cleaning posture chemicals used in workshops
animal houses  Depression
 Cleaning  Poisonous plants  Loss of self esteem
spraying equipment  Malnutrition
 Fetching and  Farm machinery  Fertility disorders
carrying fire wood
 Cooking for  Excessive noise
farm
 Workers  Exposure to organic dusts
 Livestock and wild

animals
B: FISHERY
harm
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 Placing and hauling Strenuous work  Physical and mental fatigue

fishnets  Long working hours  Injury related to fishing gear,
 Repairing nets  Repetitive work explosion
 Sorting fish carrying Extreme weather  Cuts and abrasions from
fish baskets  Sharp knives knives, equipment
 Cooking  Lack of adequate meals  Carpal Tunnel Syndrome
 Carrying ice blocks  Physical assault  Heat and cold stem
 Degutting de-scaling, Insect bite  Poisoning from certain fish
Bisecting fish  Explosives  Assault by fellow fishermen
 Lack of adequate rest
 Harsh supervision
 Poisoning fish
 Fish salting and Working underwater  Malnutrition/under nutrition

drying  Falling from vessel  Skin diseases
 Draining boats  Lack of clean water  Salt water boils
 Deep sea fishing  Exposure to burning sun  Allergic reaction due to cattle
 Inappropriate tools, equipment fish and weed
and PPE  Conjunctivitis from sun glare
 Poor technical condition of Physical injuries by fish
fishing vessel (teeth, gills)
 Noise  Alcohol and drug abuse
 Vibration  Noise induced hearing loss
 Over exertion  Musculoskeletal disorders
 Decompression sickness
 Fatalities relate to accident at
sea eg drowning
 Poor physical and mental
development
C: MINING AND QUARRYING

Tasks Hazards Physical/ Mental /Psychosocial harm
 Shaft, drift or  Handling heavy  Injuries, death, or
trench digging loads permanent disability
 Carrying ore from  Entering narrow  Musculoskeletal
shaft passages disorders
 Drilling and  Using inappropriate  Fatigue
blasting tools  Noise induced hearing
 Crushing ore  Falling blocks of ore loss
 Grinding ore  Collapsing tunnel  Under nutrition
Sifting ore  Falling down shaft  Lung diseases
 Panning wet and  Luck of oxygen  Sunburn, skin cancer
dry sand  Dust  Water – borne diseases
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 Carrying water  Noise  Mercurial poisoning

 Amalgamation and  Flooding and  Sexually transmitted
treating the drowning diseases including
mineral  Heat and Cold HIV/AIDS
 Insufficient light
 Physical effort
 Awkward work
posture
 Stone crushing in  Toxic Gases  Alcohol and drug abuse

quarry  Explosives  Carpal Tunnel
 Loading stones in  Long time exposure Syndrome
quarrying sites to sun and water  Low self esteem
 Mercury fumes  Depression
 Long working hours  Physical assault
 Harsh supervision  Poor physical and
 Physical violence mental development
 Sexual harassment  Heat stress
 Low or no incomes
 Vibration
 Lack of health
service, clean water
and family and
community support
D: CONSTRUCTION
Tasks Hazards Physical and/or Psychosocial harm
 Cement mixing  Absence of sanitary  Poor physical and

 Painting facilities mental development
 Brick making  Strenuous physical  Muscular skeletal
(clay or cement) work disorders
 Trenching  Fire in kiln  Physical and mental
 Carrying water  Manual lifting of heavy fatigue
 Carrying bricks loads  Infections diseases eg
 Excavation  Exposure to extreme TB
operation weather conditions  Malnutrition
 Demolition  Poor scaffolds and  Falls causing Injuries
operations ladders and fatalities
 Motor vehicle  Inadequate or improper  Heat or cold stress
helper PPE  Depression
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 Store crushing in Working at height  Dermatitis: HIV/AIDS

quarries and Poor inadequate meals Reproductive ill – health
transportations to site  Poor wages  Respiratory illness asthma,
 Carpentry  Poor working tools cancer
 Plumbing  Long working hours Back injuries
 Welding without break  Noise induced deafness
 Masonry work  Harsh supervision  Vibration associated
 UV exposure disorders
 Trench –cave-in  Alcohol and drug use
 NOISE  Depression
 DUST Vibrating  Assault
 Vibrating tools
 Physical violence
 Sexual abuse
 Migrant workers
E: SERVICE SECTOR
harm
 Preparing food  Sharp utensil  Cuts and abrasions
 Cleaning kitchen  Hot oils/water  Scalds and Burns
equipment and  Fuels – burning  Low morale/depression with
utensils  Low or no pay multiple mental health
 Washing clothes,  Long working hours, few problems
 Hauling market hours sleeping  Poor mental and physical
supplier,  Strenuous physical work development
 Cleaning equipment  Poor meals  Muscular skeletal illnesses
furniture and  Work in awkward  Chemical poisoning
furnishings including position  Skin diseases
toilets  Lack of PPE  Infection eg TB
 Maintaining outside  Repetitive physical  Pregnancies
area work  STD/HIV/AID
 Repairing equipment  Chemical exposure –  Injuries/ permanent disability
and dwellings disinfectants/cleaners even death
 Wet work
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 Giving personal  Sexual abuse
assistance and care  Contact with infectious  Contagious diseases
 Hauling firewood material  Physical and mental
and other fuel  Working at height with fatigue
 Providing security ladders  Malnourishment
 Work with domestic  Prostitution
animals or birds  Allergies
F: RESTAURANTS/HOTELS/BARS/GUEST HOUSE WORK
 Utensils equipment  Low or no wages  Low morale/depression

cleaning  Long working hours with multiple mental health
 Scrubbing floors  House dust problem
 Window cleaning  Strenuous physical  Poor physical and mental
 Cleaning toilets work development
 Bed making  Chemical exposure  Musculoskeletal illnesses
 Washing beddings  Awkward work posture  Chemical related skin diseases
and furnishing  Repetitive physical  Inflectional (skin) (fungal/bacteria)
maintaining work
outside areas  Working at height
 Carrying water  Harsh supervision
 Wet work
 Contact with infective
agents
 Fetching fire  Physical violence  Fall Injuries
wood  Sexual abuse  Mental and Physical fatigue
 Cooking food  Poor inadequate  STD/HIV AIDS
(street food meals  Early pregnancy
stalls)  Street dust  Physical assault
 Motor vehicle  Physical and mental fatigue,
exhausts Malnourishment
 Alcohol and abuse
 Respiratory diseases
 Burns and scalds
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G: SERVICE SECTOR - COMMUNITY SERVICES

 Cobblers  Low income  Poor mental and physical

 Electrical repair  Inappropriate development
 Auto repair equipment and  Physical and mental fatigue
 Painting tools  Malnourishment
 Refuse  Lack of proper  Skin and respiratory diseases
collection PPE  Injuries from sharp objects
 Tyre repairing  Heavy strenuous  Fall from heights
 Laundry shops work  Dehydration
 Tailoring shop  Poor working  Depression with associated mental
 Hair Dressing posture health problem
Salon  Lack of good
 Barber shop sanitation
 Shoe polishing  Poor irregular
meals
 Inadequate
ventilation and
lighting
 Chemical expose
 Water vending  Exposure to  Physical assault
 Scavenging infectious agents  Alcohol and drug use
 Street food  Working at night  Heat/cold stress
vending  Exposure to adverse  Chemical intoxications
weather  Musculoskeletal disorders
 Long hours in the sun
H: TRADE SECTOR
20
 Carrying and selling  Heavy manual  Poor mental and physical

merchandise in the lifting/carrying development
streets  Working long hours in  Physical and mental fatigue
adverse weather –  Dehydration
hot/cold weather  Undernourishment
 Exposure to dust and  Heat cold stress
motor vehicle exhaust  Physical assault
 Violent/difficult  Respiratory diseases
customers  Depression
 Physical violence  Diarrhoeal diseases
 Improper meals  Drug/alcohol use
 Low financial returns
 Poor living
condition
I: OTHER INFORMAL SECTOR OPERATIONS

 Carpentry and Fixture  Wood dust  Physical and mental fatigue

workshop  Noise  Poor physical and mental
 Cotton ginning  Work posture development
processing and  Strenuous physical  Musculoskeletal disorders
production of hosiery work  Heat stress
goods  Chemical  Electrocution
 Detergents exposures  Fertility problems
manufacturing  Hot surfaces  Depression
 Jute textile manufacture  Naked wires  Visual fatigue
and coir making  Lack o f first aid  Infectious diseases
 Lime kilns and  Poor ventilation  Physical assault
manufacture of lime  Lack of sanitation
 Lack of sufficient
light
 Heavy manual
lifting
 Redamation of lead  Low or no  Necrologies diseases
 Manufacturing of information on safe  Noise induced hearing loss
cement products work practices  Cancers
 Manufacture of dye  Dangerous machines  Heavy metal poisoning
21
and dye stuff  Lack of PPE  Chronic lung diseases

 Manufacture of and  Harsh supervision  Allergic disorders
handling of pesticides  Welding fumes  Injuries, deformities and
 Pottery and ceramic  Exposure to even deaths
manufactures excessive heat
 Metal fabrication  Sharp objects
 Welding  Long working hours
 Shoe making  Exposure to organic
dust
 Exposure to
chemicals
 Noise
 Carpet and mattress  Metal fumes
making  Radiation
 Cloth printing and  Vibration
Dying wearing  Repetitive work
garments  Silica dust
 Hand and Power looms  Infectious materials
 Chemical Formulation
 Foundry
 Tanning
 Gradation and cashew
nuts descaling and
processing
F: TRANSPORT SECTOR
22
 Auto repair  Strenuous physical  Poor mental and physical

workshops work development
 Service station  Inappropriate tools  Musculoskeletal disorders
 Garage and equipment  Chemical poisoning
 Carrying luggage  Lack of proper PPE  Infertility disorders
 Cleaning vehicles  Poor irregular meals  Infections diseases
 Loading goods into  Poor sanitation  Respiratory diseases
vehicles  Falls from heights  Injuries/death
 Working with  Skin diseases
dangerous machinery  Poor mental and physical fatigue
 Motor vehicle  Under-nutrition
exhaust fumes
 Manual handling
 Chemical exposure
 Asbestos exposure  Depression
 Oils/lubricants  Asbestosis/cancer
 Exposure  Cold/heat stress
 Physical violence  Vector borne diseases
 Low pay  Physical assault
 Welding fumes
 Flying objects
 Insects and vermin
 Long working hours
23
_________
SECOND SCHEDULE
_______
FORMS
________
LAIF. 9
EMPLOYEES’ RIGHTS FORM
(Made under Regulation 12)
PART I: RIGHTS UNDER THE ACT
1. Right to exercise freedom of association

2. Right to be supplied with the Contract of Service/Statement of Particulars
3. Right to annual leave
4. Right to maternity/paternity/sick leave
5. Right to certificate of service on termination
6. Right to remuneration and written statement of particulars supporting each payment of
remuneration
7. Right to payment for the overtime worked and night work allowance
8. Right to daily and weekly rest periods as provided for in the Act
9. Right to be repatriated to place of recruitment on termination
10. Right to daily subsistence allowance between termination date and the date of
transporting an employee and family to the place of recruitment
11. Any other rights as provided for under the Act ………………………………………
PART II: GENERAL RIGHTS UNDER CONTACT OF SERVICE

……………………………………………………………………………………………
…………………………………………………………………………………………
PART III: GENERAL RIGHTS UNDER COLLECTIVE AGREEMENT

……………………………………………………………………………………………
……………………………………………………………………………………………
Name: ......................................................... Signature: .....................................
Designation: ................................................ Date: …….....................................
Employer’s Common Seal: ………………………………………………
*NOTE: Employer shall display dully filled copy of this form, in a

conspicuous place at workplace
________________________________________________
24
LAIF. 10
CERTIFICATE OF SERVICE
……………………………………………………………………………………………….
(Employer’s Name and Address)
This is to certify that ……………………………… (employee), has been working with us

in the position of……..…….................................…………………………………
from…………………. to ……………………..
Name: ......................................................... Signature: .....................................
Designation: ................................................ Date: …….....................................
Employer’s Common Seal/Stamp………………...............................................
__________________________________________
25
LAIF. 11
THE UNITED REPUBLIC OF TANZANIA
MINISTER’S EXEMPTION

P. O. Box …….……………,
……………………………
Ref. No. …………………………………
To …………………………….………….,
…………………………………………...,
…………………………………………....
Pursuant to powers conferred upon me under the provisions of section 100 (1)
of the Act, having considered your application for an exemption from the
employment standards contained in section (s)
……………………………………, I hereby grant/refuse to grant the same, on
the following grounds and/or conditions;-
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
………………………………………………………
This exemption shall be effective within a period of ….. days/week(s)/month
(s)/year (s) from……………. and will involve the following employer(s) or
category of employers;-
……………………………………………………………………………………
……………………………………………………………………………………
……………………………………………………………………………………
………………………………………………………
Signed at …........................................... this……… day of ………………….
(month), 20……….
(Name and Signature)………………………………………………….

MINISTER RESPONSIBLE FOR LABOUR
Copy to: Trade Union Representative/Representative of the Affected

Employees
Area Labour Officer
26
_________
THIRD SCHEDULE
____________
FORMS

________
TUF. 1
APPLICATION FOR REGISTRATION OF A TRADE UNION
(Made under Regulation 20 (1))
This form is filled by the Secretary of the Trade Union and submitted to the Registrar of
Organizations.
The form must be accompanied by a certified copy of the attendance register and minutes of its
establishment meeting and a certified copy of its constitution and rules.
DETAILS OF THE TRADE UNION
We ………………………………………………………………………………………………..,
(Name of the Trade Union), apply for registration of this Trade Union.
The position, names and addresses of national office bearers and union officials are:
POSITION ………… NAME ………………………… WORK ADDRESS ………………
We have ……………………………………………………… members
Date this …………….. day of …………………….., 20………… at ………………………………
……………………..
Secretary
(Name, Signature and Official Stamp)
DETAILS OF THE REGISTRAR OF ORGANISATIONS
I, …………………………………………………………………………………, (name of official),

duly authorized thereto in terms of Section 43(2) Labour Institutions Act No. 7 of 2004; and
satisfied that the information is substantially correct.
The application was lodged with the Registrar on …………………………………………………

(Date)
27
TUF. 2
APPLICATION FOR REGISTRATION OF EMPLOYERS’ ASSOCIATION
(Made under Regulation 20(2))
This form is filled by the Secretary of the Employers’ Association and submitted to the Registrar of
Organisations.
The form must be accompanied by a certified copy of the attendance register and minutes of its
establishment meeting and a certified copy of its constitution and rules.
DETAILS OF THE EMPLOYERS’ ASSOCIATION
We ………………………………………………………………………………………………..,
(Name of the Employers’ Association), apply for registration of this employers’ association.
The position, names and addresses of national office bearers and employers’ association Officials
are:
POSITION ………… NAME ………………………… WORK ADDRESS ………………
We have ……………………………………………………… members
Date this …………….. day of …………………….., 20………… at ………………………………
……………………..
Secretary
DETAILS OF THE REGISTRAR OF ORGANISATIONS
I, …………………………………………………………………………………, (name of official),

duly authorized thereto in terms of Section 43 (2) Labour Institutions Act No. 7 of 2004; and
satisfied that the information is substantially correct.
The application was lodged with the Registrar on …………………………………………………

(Date)
Dated this .................. day of .............................., 20................. at ……………………………
…………………
Registrar of Organizations
TUF. 3
28
APPLICATION FOR REGISTRATION OF FEDERATION/CONFEDERATION

To: The Registrar of Organisation:

1. We, the several persons whose names are subscribed below on behalf of …………………..
……………. (Federation/Confederation), hereby make application for the registration under
the Employment and Labour Relations Act of a Federation/Confederation to be known as–
.........................................................................................................................
2. (i) The situation of the registered office of the Federation/Confederation is:

..................................................................................................................
(ii) The registered postal address of the Federation/Confederation is:
..................................................................................................................
(iii) The aforesaid Federation/Confederation was established on the ..................... day
of ..................................., 20........
(iv) The purposes of the Federation/Confederation are–
....................................................................................................................
...................................................................................................................
(v) We enclose herewith–

(a) Two copies of the Constitution and Rules of the Federation/Confederation, signed by us.
(b) Statement I showing the names, occupations and addresses of the executive officers
making this application.
(c) Statement II showing the titles, names, ages, addresses and occupations of the officers and
trustees of the Federation/Confederation.
3. We have been duly authorized by the Federation/Confederation to make this application on its
behalf by a General meeting held at .................................. on the ............. day
of ..............................
STATEMENT I: NAMES OF PERSONS MAKING APPLICATION FOR THE

REGISTRATION
Name Occupation Name and Address of Represented Organisation

……………………………. ……………… ………………………………………………….
…………………………… ……………… ………………………………………………….
NOTE: This application must be signed by at least five numbers of the body applying for
registration.
STATEMENT II: NAME OF OFFICERS FOR THE FEDERATION/CONFEDERATION
To: The Registrar of Organisations,
Dated this ………….. day of …………………….., 20………………. at

…………………………
29
Title of Officer Name Age address Occupation

in the Trade
Union
Dated this ………….. day of …………………, 20………….. at ………………………………
…………………
Secretary
30
TUF. 4
NOTICE OF REFUSAL TO REGISTER

ORGANISATION/FEDERATION/CONFEDERATION
I ………………………. from the powers conferred upon me under section 48(4) (b) of the Act,
hereby notify ……………………………………………………….……. that the registration
of..................................................... as Organization/Federation/Confederation is refused, on the
following grounds:
…………………..............................................................................................................................
Dated this .................... day of ..............................., 20.............. at ……………………………
…………………
31
TUF. 5
CERTIFICATE OF REGISTRATION OF A TRADE UNION
This is to certify that ………………………………………………….. (name of the trade union)

has been registered as a trade union, pursuant to Section 48 (5) (b) of the Labour Institutions Act.
No.7 of 2004; with effect from ………………………………………………… (date)
Dated this .................. day of ..............................., 20................. at …………………………
…………………
32
TUF. 6
CERTIFICATE OF REGISTRATION OF AN EMPLOYERS’ ASSOCIATION
This is to certify that ………………………………………………, (name of the employers’

association) has been registered as an employers’ association, pursuant to Section 48 (5) (b) of the
Labour Institutions Act. No.7 of 2004; with effect from …………………………………… (date)
Dated this ......................... day of ......................... 20................... at ……………………………
…………………
33
TUF. 7
CERTIFICATE OF REGISTRATION OF FEDERATION/CONFEDERATION
This is to certify that the ................................................................................... (name of a

federation/confederation) has been registered pursuant to section 48 of the Employment and Labour
Relations Act as a Federation/Confederation with effect from …………………………… (date)
Dated this ......................... day of ......................... 20.................. at ……………………………
…………………
34
TUF .8
NOTICE OF INTENTION TO APPLY FOR CANCELLATION OF REGISTRATION

OF ORGANISATIONS//FEDERATION/CONFEDERATION
To: ...........................................................
This is to notify you pursuant to section 55(1) of the Act, that on expiry of 30 days from the date
hereof, I intend to apply for cancellation of the registration of .............................. as an
Organisation/Federation/Confederation under the Act, unless cause is shown to my satisfaction on
why such registration should not be cancelled. The grounds for such an intention
are: .........................................................................................................................................................
.....
Dated this ................. day of ..............................., 20................ at …………………………
…………………
35
TUF. 9
NOTICE OF CHANGE OF NAME, CONSTITUTION AND RULES

OF ORGANIZATION OR FEDERATION
To: The Registrar of Organisations,
1. We, the Secretary and members of the above named organisation/federation hereby give notice
that by a resolution passed at a General Meeting of the Organization/Federation held
at.................................................................. it was resolved, in accordance with provisions of
section 50(2)(a) of Act, that the name/constitution/rules of the …………….
(Organization/Federation) be changed from ............................ to ............................. and we hereby
request that the same be altered in your Register, accordingly, as hereby attached.
2. This Organization/Federation has ....................... members and ...................... members voted in

favour of the resolution.
Dated this .................. day of ............................., 20................. at …………………………
…………………
Secretary
1. ...........................................................
2. ...........................................................
3. ...........................................................
4. ...........................................................
5. ...........................................................
6. ...........................................................
Note: This application must be signed by the Secretary and at least four members of the
Organizations/Federation in case of employers and by the Secretary and at least six members of the
Organization/Federation in case of employees.
36
TUF. 10
NOTIFICATION OF REFUSAL TO REGISTER A CHANGE OF NAME/CONSTITUTION

OR RULES OF ORGANIZATION/FEDERATION
This is to notify you that registration of the change of name/constitution/rules of

the ........................................................................... (name of organizations/federations) to that
of .................................................................................................. (proposed name/constitution/rules
of Organizations/Federation) is refused, on the following grounds:
………………………..............................................
Dated this .................. day of .............................., 20................. at ……………………………
…………………
37
TUF. 11
CERTIFICATE OF REGISTRATION OF CHANGE OF NAME/CONSTITUTION/

RULES OF ORGANIZATIONS/FEDERATION
This is to certify that the change of the name/constitution/rules of ......................................................

(original name of Organizations/Federation/ Confederation) to ...........................................................
(new name/constitution/rules of Organizations/Federation/Confederation) has been approved and
registered pursuant to section 50(4) of the Act.
Dated this .................. day of ................................, 20.................. at …………………………
…………………
38
TUF. 12
NOTICE OF AFFILIATION
To: The Registrar of Organisations
This is to notify you that the following registered

Organization/Federation/Confederation .............................................................................. was
affiliated to …............................................... (Federation/Confederation) based in
…………………………………….. (place) on the .................. day of ....................................,
20...............
Important Details of the Federation/Confederation affiliated to are:

……………………………………………………………………………………
Dated this ................ day of ................................., 20................. at ………………………………
…………………
Secretary
39
TUF. 13
NOTICE OF CHANGE OF REGISTERED OFFICE, OFFICIAL ADDRESS OR OFFICE

BEARERS
To: The Registrar of Organisations
This is to notify you pursuant to section 52 (2) (c) and (d) of the Act, that the location of the
Registered Office of the ................................................ Organization/Federation is moved
from .................................................................................
to ................................................................................................................... and/or that the
Registered Official Address of the said Organizations/Federation is no
longer ......................................, rather .....................................; and/or the office bearers will be as
follows: ………………………………………………………………..; with effect from
the ............... day of ............................
Dated this ......................... day of ......................... 20................. at ………………………………
…………………
Secretary
40
TUF. 14
NOTIFICATION TO EXERCISE ORGANISATIONAL RIGHTS
DETAILS OF EMAIL AND PHYSICAL ADDRESS, TELEPHONE NOS. AND FAX NOS.
OF HEAD OFFICE AND AREA OFFICES OF THE COMMISSION TO BE INSERTED
HERE
READ THIS FIRST:
A. PURPOSE OF THE FORM

This form must be completed by a registered trade union that seeks to notify an
Employer in terms of Section 64 of the employment and Labour Relations Act, that
It seeks to exercise an organization right conferred under the Act.
B. WHO FILLS IN THE FORM?

The registered trade union seeking to excise organization rights, must complete the form.
C. HOW TO SERVE THE FORM?

The form must be served on the employer that the trade union has notified of its intention
To exercise organization rights. The form may be served by hand, registered post or fax.
The following constitutes proof of service:-
 By hand:- receipt signed by the party or a person who appears to be at least 18

years old and in charge of the party’s place of residence or place of
employment, or a signed statement by the person who served the document;
 By registered post:- proof of posting from postal authorities;
 By fax:- fax transmission slip confirming the fax was successfully transmitted.
D. WHAT HAPPENS AFTER THE FORM IS SERVED?

The employer must meet with the trade union within 30 days of receipt of this form, to
attempt to conclude a collective agreement granting the organizational rights and
regulating the manner in which the rights are to be exercised. If there is no agreement or
the employer fails to meet with the union within 30 days, the union may refer a dispute to
the Commission for Mediation and Arbitration. The Commission shall then refer the
dispute to mediation.
1. UNION’S DETAILS
Full Name: ______________________________________

Union Seeking to exercise Registration No: ______________________________
Organizational rights enters Any acronym: _________Date of reg.______________
details Postal address: _______________________________
41
_____________________________________________
Physical address: _____________________________
____________________________________________
Contact Persona: _____________________________
Tel: _______________ Fax: _____________________
Cell: ______________ Email: ____________________
Union insert employer’s 2. EMPLOYER/EMPLOYER ASSOCIATION DETAILS

details here. Full Name: __________________________________
Registration No: _______________________________
Any acronym: ________Date of reg._______________
Postal address: ______________________________
___________________________________________
Physical address: ______________________________
_____________________________________________
Contact Person: _______________________________
Tel: _________________ Fax: ___________________
Cell: ________________ Email: __________________
If this applies to a number of 3. WORKPLACE DETAILS

Workplaces attach details on
Separate paper Describe the physical address/Locality of workplace(s)
at which the Union seeks to exercise organizational rights:
____________________________________________
_____________________________________________
_____________________________________________
The Possible rights in the 4. ORGANISATIONAL RIGHTS

ELRA Include:
- access (section 60) Describe in detail the organisational rights that
- access to facilities the Union seeks to exercise in respect of the Section 60(3) )
- Establishing a field branch (section 60(2) ) Employer:

- deducting union dues (section 61) _______________________________
- union representatives (section 62) ____________________________________
- paid time off for representatives (section 62 (5) )____________________________________
- disclosure of information (section 62(6) ) _______________________________
- paid leave (section 63) ____________________________________
____________________________________
Attach additional paper if insufficient space here ____________________________________
Section 64(3) of the ELRA 5. PROPOSED DATES FOR MEETING

requires the parties to meet The Union proposes a meeting with the Employer
within 30 days to attempt to to discuss this Application on any of the following
conclude an agreement dates:
_______________________________________
_______________________________________
42
_______________________________________
_______________________________________
Insert any other relevant information here 6. GENERAL
Any other matter which the Union wishes to

bring to the Employer’s attention:
_______________________________________
______________________________________
_______________________________________
Signature: _______________________________
Name of Signatory: ________________________
Capacity: ________________________________
Date: __________________________________
TUF. 15
43
EMPLOYEE INSTRUCTION TO EMPLOYER TO DEDUCT DUES OF A

REGISTERED TRADE UNION FROM EMPLOYEE’S WAGES
EMPLOYEE’S NAME: _____________________________________________

EMPLOYEE NUMBER: ____________________________________________
EMPLOYER NAME: _______________________________________________
TRADE UNION NAME: _____________________________________________
INITIAL MONTHLY UNION DUES: ____________________________________
1. I the abovementioned employee hereby instruct my employer to deduct monthly

From my wages, trade union dues owing to my union.
2. I agree that the amount deducted may from time to time be increased, provided that I am
Given written notification of this in advance.
3. I confirm my understanding that I am entitled at any stage to cancel this instruction by

Giving one month’s written notice to my trade union and my employer.
______________________________ _____________________________
Employee Signature Date
______________________________ _______________________________
Witness Name and Signature Date
TUF. 16
44
PRESCRIBED LIST OF UNION MEMBERS TO ACCOMPANY MONTHLY

REMITTANCE BY EMPLOYER TO TRADE UNION OF TRADE UNION DUES
DEDUCTED
PURPOSE OF THE FORM
An Employer that deducts the dues of a registered trade union from its employees’ wages, is
obliged to complete this form monthly and forward it to the trade union. A copy of any notice of
revocation given by an employee to cancel the authorization to deduct union dues, must accompany
this form.
EMPLOYER NAME: _____________________________________

UNION NAME: _________________________________________
Employee Name Employee Employee Date Deducted Amount

Number Workplace Deducted
TOTAL AMOUNT
DEDUCTED
PERSON RESPONSIBLE FOR COMPLETING THIS FORM:
Signature: _______________________________
Name of Signatory: ________________________
Capacity: _______________________________
Date: __________________________________
TUF. 17
LIST OF MEMBERS TO BE KEPT BY A TRADE UNION
45
This is the prescribed from for a trade union to keep records of their members as given by
Section 52 (1) (a) in the Act.
Name of employer: ……………………………………………………………………………
Address of Employer: …………………………………………………………………………
LIST OF MEMBERS
Full name Clock card number (if any): Sector in which employed:
TUF. 18
LIST OF MEMBERS TO BE KEPT BY AN EMPLOYERS’
46
ORGANIZATION/FEDERATION
This is the prescribed form for an employers’ association to keep records of their members as
given by Section 52 (1) (a) in the Act.
(a) Full name and
address of ……………………………………………………………………
employer: ……………………………………………………………………
…………………………………………………………………….
……………………………………………………………………
(b) Name and ……………………………………………………………………
telephone No. of ……………………………………………………………………
contract person: ……………………………………………………………………
(c) Sector(s) in which ……………………………………………………………………
engaged ……………………………………………………………………
……………………………………………………………………
(d) Number of ……………………………………………………………………
employees in each ……………………………………………………………………
sector ……………………………………………………………………
TUF. 19
RECOGNITION AS EXCLUSIVE BARGAINING AGENT
47
OF HEAD OFFICE AND AREA OFFICES OF THE COMMISSION TO BE
INSERTED HERE
READ THIS FIRST:
A PUROPSE OF THE FORM

This form must be completed by a registered trade union that intends to notify an employer
or employer’s association of its intention to seek recognition as the exclusive bargaining
agent within an appropriate bargaining unit, as prescribed in Section 67 (3) of the
Employment and Labour Relations Act.
B WHO FILLS IN THE FORM?

.
The registed trade union seeking recognition as a exclusive bargaining agent, must
complete this Form.
C HOW TO SERVE THE FORM?

.
The Form may be served by a hand, registered post or fax. The following constitutes proof
of service:
 by hand:- receipt signed by the party or a person who appears to be at least 18 years
old and in charge of the party’s place of residence or place of employment, or a
signed statement by the person who served the document;
 by registered post:- proof of posting from postal authorities;
 by fax:- fax transmission slip confirming the fax was successfully transmitted.
D WHAT HAPPENS AFTER THE FORM IS SERVED?
The employer and the trade union must meet within 30 days of the notice having been
served to attempt to conclude a collective agreement recognizing the trade union. This is
prescribed by Section 67 (4) of the Employment and Labour Relations Act. If there is no
agreement or the employer fails to meet with the trade union within the 30 days, the union
may refer a dispute to the Commission for Mediation and Arbitration, which then refers it
to mediation. The period of 30 days may be extended by agreement between the employer
and the union.
1. UNION’S DETAILS
Union applying for recognition enters Full Name: ________________________
Details. If more than 1 Registration No:

______________________________
Union applying jointly, attach Any acronym: ___________Date of reg.___________
details on separate paper Postal address: _____________________________
48
_________________________________________
Physical address: __________________________
___________________________________________
Contact Persona: ________________________________
Tel: __________________ Fax: ____________________
Cell: _________________ Email: ___________________
Union inserts employer’s 2. EMPLOYER/EMPLOYER ASSOCIATION DETAILS

Details here. Full Name: __________________________________
Registration No: ______________________________
Any acronym: ___________Date of reg.___________
Postal address: ______________________________
________________________________________
Physical address: ____________________________
_________________________________________
Contact Persona: ________________________________
Tel: __________________ Fax: ___________________
Cell: _________________ Email: _________________
If this applies to a number of 3. WORKPLACE DETAILS

Workplaces, attach details on
separate paper.
Describe the physical address/Locality of workplace(s)
At which the Union seeks recognition as exclusive
Bargaining agent:
_____________________________________________
_____________________________________________
_____________________________________________
E.g. insert the job 4: BARGAINING UNIT DETAILS

grades or Job descriptions
of employees Describe the categories of employees that the Union
proposes should constitute the bargaining unit:
_____________________________________________
_____________________________________________
_____________________________________________
Union must represent 5. UNION MEMBERSHIP DETAILS

a majority of employees to be
an exclusive bargaining
agent. Documentary proof may 5.1 How many employees within the bargaining
be required by the employer to unit (estimate)?
prove this (e.g signed union ____________________________________
deduction forms, membership 5.2 How many Union members within the bargaining unit?
forms etc) _________________________________________
5.3 Insert method used to determine Union membership
49
____________________________________________
5.4 Is documentary proof available to substantiate this?
YES NO
Section 67(4) of the ELRA 6. PROPOSED DATES FOR MEETING

requires the parties to meet
within 30 days to attempt to The Union proposes a meeting with the
conclude an agreement. Employer to discuss this Application on any of
the following dates:
_____________________________________________
_____________________________________________
_____________________________________________
Insert any other relevant 7. GENERAL

Information here. Any other matter which the Union wishes to bring to the
Employer’s attention:
____________________________________________
____________________________________________
____________________________________________
____________________________________________
Signature: __________________________________
Name of Signatory: ____________________________
Capaciy: ____________________________________
Date: _______________________________________
CMA F.1
50
REFERRAL OF A DISPUTE TO THE COMMISSION FOR MEDIATION AND

ARBITRATION
DETAILS OF EMAIL AND PHYSICAL ADDRESS, TELEPHONE NOS. AND FAX

NOS. OF HEAD OFFICE AND AREA OFFICES OF THE COMMISSION TO BE
INSERTED HERE
READ THIS FIRST:
This Form shall be completed if a party to a labour dispute intends to refer to dispute to
the Commission in terms of section 86(1) of the Employment and Labour Relations Act.
The party wishing to refer the dispute – e.g. an employer, employee, union or employer’s’
organization – must complete this form.
C. WHERE DOES THE FORM GO?
To the other party or the dispute and a copy to the Commission in the area where the
dispute has arisen, together with proof of the Form having been served on the other party
or parties.
D. HOW CAN THE FORM BE SERVED?
By hand, registered post or fax. Proof of service on any other party must accompany the
Form served on the Commission. The following constitutes proof on service.
 by hand: - receipt signed by the party or a person who appears to be at least 18 years
old and in charge of the party’s place of residence or place of employment, or a
signed statement by the person who served the document;
 by registered post:- proof of posting from postal authorities;
 by fax: fax transmission slip confirming the fax was successfully transmitted.
E. WHAT HAPPENS WHEN THE FORM IS SUBMITTED?
The Commission shall refer the dispute to mediation and advise all parties of the place,
date and time of the first mediation meeting. Provide that the Commission may in certain
circumstances refer the dispute direct to arbitration in terms of section 88 (3) of the
Employment and Labour Relations Act.
IMPORTANT
51
THE RULES FOR MEDIATION AND ARBITRATION PUBLISHED BY THE

COMMISSION REQUIRE A DISPUTE CONCERNING THE TERMINATION OF
EMPLOYMENT TO BE REFEREED TO THE COMMISSION WITHIN 30
DAYS OF THE TERMINATION OR THE DATE THAT THE EMPLOYER MADE A FINAL
DECISION TO TERMINATE OR UPHOLD THE DECISION TO TERMINATE. ALL
OTHER DISPUTE TO BE REFERRED WITHIN 60 DAYS OF THE DISPUTE HAVING
ARISEN. IF THIS DISPUTE IS REFERRED OUTSIDE THE TIME PERIODS
STIPULATED, AN APPLICATION FOR CONDONATION FROM A PARTY TO THE
DISPUTE SHALL ACCOMPANY THIS FORM. OTHERWISE THIS DISPUTE SHALL
NOT BE PROCESSED
Tick the correct box 1. DETAILS OF PARTY

REFERRING THE DISPUTE
If you are an employee fill in (a) As the referring party, are you:
below
If you are an employer, union An employee
official or representative or an
employers’ organization, fill in
(b) below
An employer
A union official or representative
An employers’ organisation
(a If the referring party is an employee

)
Surname:
Fist Name:
Employee Identity Number:
Postal address:
Physical address:
Tel.: Cell:
Fax.: Email:
(b If the referring party is an employer, an employer,

an employer’s organization or union
Name:
Postal address:
Physical address:
Tel.: Cell:
Fax.: Email:
Contact person:
Tick the correct box 2. DETAILS OF THE OTHER

PARTY (TO THE DISPUTE)
52
If there is more than one other An

party, write the details of the employee
additional parties on a separate An
employer
page and staple it to this form A union
An employers’ organization
Name:
Postal addres:
Physical address:
Tel.: Fax:
Cell: Email:
Contact Person:
Tick the correct box 3. NATURE OF THE DISPUTE

Application/interpretation/implement
ation of any law or agreement
relating to employment
Negotiations about terms and
conditions of employment
Discrimination
Termination of employment
Organization rights
Recognition as exclusive bargaining
agent
Disclosure of information
Tort
Breach of contract
Other (please describe)
If the dispute concerns

termination of employment
complete Part B of this Form
Summaries the facts of the dispute you are
referring (unless this is a termination
dispute, in which case complete Part B of
this Form)
If applicable, insert the amount If this dispute is about a claim you are
owed money, state the amount you believe
you are owed:
The dispute arose on:

(give the date, day, month
and year)
53
The dispute arose where:

(give the City/Town in which
the dispute arose)
Suggest a fair solution to the 4. OUTCOME OF MEDIATION

dispute
What outcome do you seek?
Tick the correct box 5. INDUSTRY

Is the dispute in an essential Yes
service
No
Indicate the sector or service in which the dispute arose.
Agriculture
Building & Construction
Cleaning
Communications
Contract
Distribution
Domestic
Financial Services
Food & Beverage
Health
Mining
Private Security
Public Service
Retail Sector
Textiles
Transport
Other (Please describe)
6. SPECIAL
FEATURES/ADDITIONAL
INFORMATION
The commissioner provides (a) Interpretation Service
interpretation services for official
languages only.
54
Parties may, at their own cost, Do you require an interpreter at mediation?

bring interpreters for languages YES
other than official languages.
NO
If yes, please indicate for what language:
Special feature might be the (b Other

urgency of the matter, the large ) Briefly outline any special
number of people involved, features/additional information the
important legal or labour issues Commissioner needs to note:
etc.
7. APPLICATION FOR CONDONATION

A dispute concerning termination of (a) Is an application for condonation for late filing
employment to be referred to the of this dispute necessary? Tick the appropriate
Commission within 30 days, and box
other disputes within 60 days of the YES
dispute having arisen
NO
If yes, an application for Condonation Form
shall be attached.
Proof that a copy of this form has 8. INFORMING THE OTHER PARTY
been sent could be:
 A registered slip form the Post I confirm that a copy of this form has been sent to the
Office other party/parties to the dispute and proof of this is
 A signed receipt if hand attached to this form
delivered
 A signed statement by the
person delivering the form
 A fax slip
Signature Name Position Date
PART B
ADDITIONAL FORM FOR TERMINATION OF EMPLOYMENT DISPUTES ONLY
Termination disputes shall be (1) COMMENCEMENT OF THE EMPLOYMENT

referred (i.e. received by the
55
Commission) within 30 days. When did you start working for your employer?
If you are outside this period,
you are required to apply for
condonation.
(2) NOTICE OF TERMINATION

Please give the date of your termination
How were you informed of your termination?

By letter
At/After a disciplinary hearing
Verbally
REASON FOR TERMINATION

(3)
Why was your employment terminated?
Misconduct
Operation requirements (retrenchment)
Incapacity
Incompatibility
Unknown
(4) FAIRNESS/UNFAIRNESS OF TERMINATION
(a) Procedural Issues

Do you feel that the termination was
procedurally unfair? (i.e. not in terms of
a fair procedure)
YES
NO
If yes, why?
56
(b Substantive Issues
Do you feel that the reason for termination was unfair?
YES
NO
If yes, why?
CMA F.2
APPLICATION FOR CONDONATION OF LATE REFERRAL OF

A DISPUTE TO THE COMMISSION FOR MEDIATION AND ARBITRATION
57
OF HEAD OFFICE AND AREA OFFICES OF THE COMMISSION TO BE
INSERTED HERE
READ THIS FIRST:

This form enables a party that has failed to comply with the time periods for referring
a dispute
to the Commission, to apply to have the dispute processed by the Commission. A
dispute concerning termination of employment must be referred to the Commission
within 30 days. All
other disputes must be referred to the Commission within 60 days. The Rules for
Mediation and Arbitration proceedings issued by the Commission set out the criteria
to be applied in
Determining condonation applications.

The party seeking application for condonation e.g. employer, employee, union
or employers’ organisation.
C. WHERE DOES THE FORM GO?

To the other party to the dispute and a copy to the Commission in the area where the
dispute has arisen, together with proof of the form having been served on the other
party.
D. HOW CAN THE FORM BE SEVED?

By hand, registered post or fax. Proof of service on any other party must accompany
the form served on the Commission. The following constitutes proof of service:
 By Hand: receipt signed by the party or a person who appears to be at least

18 years old and in charge of the party’s place of residence or place of
employment,
Or a signed statement by the person who served the document;
 By registered post: proof of posting from postal authorities;
 By fax: fax transmission slip confirming the fax was successfully

transmitted.
E. WHAT HAPPENS AFTER THE FORM IS SERVED?

The other party to the dispute may within 14 days oppose the application by filling
written
Submissions in accordance with the rules for Mediation and Arbitration proceedings.
Thereafter the party seeking condonation may within 7 days submit a written reply to
58
the opposition, in terms of the Rules.
A mediator appointed to deal with the dispute may decide the application for
condonation
According to the criterial specified in the Rules either on the basis of the parties’
written
Submissions or by calling the parties to a hearing to consider the matter.
IMPORTANT
THE FORM REFERRING THE DISPUTE TO THE COMMISSION MUST ACCOMPANY

THIS FORM
Tick thTick the correct box 1. DETAILS OF PARTY

REFERRING THE DISPUTE
If you are an employee fill in As the referring party, are you:

(a) Below.
If you are an employer, union
Official or representative or an An employee
Employers’ organization, fill in An employer
(b) Below A union official or representative
An employers’ organisation
(a) If the referring party is an employee
Surname: ____________________________
First Name: __________________________
Employee Identity Number: ______________
Postal address: ________________________
_____________________________________
physical address: _____________________
____________________________________
Contact Person: ______________________
Tel: _______________ Cell : ____________
Fax: ______________ Email: ____________
(b) If the referring party is an employer, an

employer’s
Organization or union
Name: ______________________________
Postal address: _______________________
_____________________________________
physical address: ______________________
_____________________________________
Tel: ______________ Cell: ______________
59
Fax: ______________ Email: ____________

Contact person: _______________________
Tick the correct box 2. DETAILS OF THE OTHER PARTY (TO THE DISPUTE)
If there is more than one other An employee
Party, write the details of the An employer
Additional parties on a separate A union
Page and staple it to this form An employers’ organisation
Name: _______________________________
Postal address: ________________________
_____________________________________
physical address: ______________________
_____________________________________
Contact Person: _______________________
Tel: _______________ Cell: _____________
Fax: _______________ Email: ___________
Contact person: _______________________
This may for example be the 3. DATE THE DISPUTE AROSE

date that an employee was _____________________________________________
dismissed. (give date, day, month and year)
Additional pages may be 4. SUBMISSION IN SUPPORT OF THE APPLICATION

attached if the space below is FOR CONDONATION, IN RESPECT OF THE
Insufficient. FOLLOWING CRITERIA:-
Provide details on the degree of (a) degree of lateness

lateness e.g how many days/weeks ________________________________________
late is the application _________________________________________
_______________________________________
Provide reasons why the (b) reasons for lateness
Dispute was referred late _________________________________________
_____________________________________
____________________________________________
_____________________________________________
Comment on your prospects of (c) the referring party’s prospects of success in the
Succeeding in obtaining the dispute referred
Outcome you seek, if the ____________________________________________
Dispute is processed by the ____________________________________________
Commission ____________________________________________
____________________________________________
____________________________________________
Comment on how the parties to (d) Any prejudice to the other party
The dispute would be affected ____________________________________________
By a granting or a refusal of the ____________________________________________
Condonation application ___________________________________________
60
__________________________________________
Provide any other comments (e) Any other relevant factors
That may be relevant ________________________________________
_________________________________________
_________________________________________
_____________________________________________
Proof that a copy of this form
Has been sent could be: ______________________________________________
______________________________________________
 A fax slip/a registered 5. INFORMING THE OTHER

PARTY
Slip from the post Office
 A signed receipt if hand I confirm that a copy of this form has been
sent to the
Delivered other party/parties to the dispute and proof of
this is
 A signed statement by the attached to this form.
Person delivering the form
______________ _________________ ____________ ____________

Signature Name Positive Date
CMA F.3
61
SUMMONS BEFORE THE COMMISSION FOR MEDIATION AND ARBITRATION

(HATI YA WITO MBELE YA TUME YA USULUHISHI NA UAMUZI)
((Made under Regulation 34(1)) (Imetengenezwa Chini ya Kanuni ya 34(1))
Labour Dispute No. (Mgogoro wa kikazi Na.) ....................................
Between/Baina ya
.............................................................................. Applicant (Mlalamikaji/Mwombaji)
And/Na
........................................................ Respondent (Mlalamikiwa/Mjibu Maombi)
NOTICE TO ATTEND MEDIATION/ARBITRATION HEARING

(TAARIFA YA KUITWA KUHUDHURIA KWENYE SHAURI LA
USULUHISHI/UAMUZI)
Take notice that the above mentioned Mediation/Arbitration has been fixed for hearing on ..........
day of ......................................, year…………………….….. at ............................... hours, at
........................................................................... (Unaarifiwa kuwa shauri lililotajwa hapo juu,
linalokuja kwa hatua ya Usuluhishi/Uamuzi, limepangwa kusikilizwa tarehe ....... Mwezi ..........
Mwaka .........., saa ...........mahali........................................)
You are required to appear before the Commission in person and or accompanied by an
Advocate/Personal representative as instructed, and produce on that day all relevant documents
you intend to rely upon in support of your defence. You are further cautioned to remain in
attendance until permitted by the Commission (Unatakiwa kufika binafsi ama kwa kuambatana na
wakili/Mwakilishi wako mbele ya Tume kama ulivyoagizwa. Unapaswa kuleta vielelezo/nyaraka
muhimu unazo kusudia kuzitumia katika utetezi wako. Unatahadharishwa usipuuze kutii wito huu
na unatakiwa kubakia kwenye majengo ya Tume mpaka utakapo ruhusiwa kuondoka na Tume).
Given under my hand and seal of the Commission, this ............ day of ..................., year .............
(Imetolewa na kugongwa muhuri wa Tume leo tarehe ......... Mwezi ........ Mwaka, ..............).
Name (Jina)………………………………………………… Signature

(Sahihi): .....................................
Record Officer/Mediator/Arbitrator (Afisa Masijala/Msuluhishi/Muamuzi)
Statement of the confirmation of service of summons (to be filled by a person who served the
summons) (Uthibitisho wa kupokelewa kwa hati ya wito (itajazwa na mpelekaji wa hati ya wito):
................................................................................................................................................................
..
Name (Jina): .................... Designation (Cheo): ..................... Signature (Sahihi): ........................
62
Date (Tarehe): ...................
Particulars of the Person/Office/Official who is served with the summons (Taarifa za

Mtu/Ofisi/Afisa aliyepokea Hati ya Wito)
Name (Jina): ............................................... Designation (Cheo): ..................... Place

(Mahali): .................. Time (Muda): ........... Signature (Sahihi): ................... Stamp
(Muhuri): ................................................
CMA F.4
63
SUMMONS FOR THE WITNESS TO APPEAR BEFORE THE ARBITRATION HEARING

AT: .................................
Name: ............................................................................................
Address: ............................................................................................
...........................................................................................
LABOUR DISPUTE No: .....................................................

BETWEEN
........................................................................................ COMPLAINANT
AND
....................................................................................... RESPONDENT
Take NOTICE that the above mentioned Mediation/Arbitration has been fixed for hearing
on ................ day of ............................ year, …… at ...................... hours, at CMA Offices, located
at ……….
You are required to appear before the Commission as instructed, in person, to give evidence on the
above dispute without fail. You are further continued to remain in attendance until permitted by the
Commission.
Given under my hand and seal of the Commission, this ........ day of .......... year ................
...................................
Mediator/Arbitrator
CMA F.5
64
AGREEMENT BY PARTIES TO EXTEND TIME FOR MEDIATION

In the Dispute No. …………………. between:

................................................................................................... (Applicant (s))
AND
............................................................................................ (Respondent (s))
We, parties to the above matter, have voluntarily agreed to extend time for Mediation. We shall
appear for further Mediation on.................... at ............... without fail.
Signature: ................................................... Signature: ...............................

Name: ......................................... Name: ..............................
Date: .................................................. Date: ................................
EMPLOYER/REPRESENTATIVE EMPLOYEE/REPRESENTATIVE
Before me (Mediator’s Name): ..........................................................
Signature: ……………………………………….. Date: …………………….
CMA F.6
65
CERTIFICATE OF SETTLEMENT/NON SETTLEMENT
APPLICANT’S NAME: __________________________________________

RESPONDENT’S NAME: _______________________________________
LABOUR DISPUTE NUMBER: __________________________________
DATE OF REFERRAL OF DISPUTE TO THE CMA: _________________
NATURE OF DISPUTE: ________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
HAS THE DISPUTE BEEN RESOLVED? YES NO
MEDIATOR’S COMMENTS (IF ANY)

_____________________________________________________________
_____________________________________________________________
__________________________________________________________
NAME AND SIGNATURE OF THE APPLICANT:

_____________________________________________________________
NAME AND SIGNATURE OF THE RESPONDENT:

_____________________________________________________________
MEDIATOR’S NAME: _____________________________________

MEDIATOR’S SIGNATURE: _____________________________________
DATE: _____________________________________
CMA F.7
66
SETTLEMENT AGREEMENT UNDER MEDIATION
LABOUR DISPUTE No. ………………………………………
BETWEEN
................................................................................................... (Applicant(s))
AND
..................................................................................................... (Respondent(s))
The above matter concerns a dispute

on: .........................................................................................................................................
.......
..................................................................................................................................
Parties have agreed as follows;
o ..................................................................................................................
o .................................................................................................................
o .................................................................................................................
o .................................................................................................................
o .................................................................................................................
o ................................................................................................................
o ................................................................................................................
o ................................................................................................................
This is a full/partial settlement of the dispute.
.............................................................. . ..............................................................
67
Applicant/Representative’s Signature Respondent/Representative’s Signature
Before me (Mediator’s Name): ..........................................................
Signature: …………………………………… Date: …..…………………….
CMA F.8
NOTICE TO REFER A DISPUTE TO ARBITRATION

DISPUTE NO: ..............................................................

.............................................................................................................................
APPLICANT
......................................................................................................................................
RESPONDENT
(To be filled by the complainant, pursuant to Section 86 (7) (b) (i) of the Act)
Reference is made to the certificate of non-settlement of the dispute issued by the

Commission on...................... Take notice that the applicant herein is desirous to refer the
dispute to Arbitration. I pray that summons be issued to the respondent, and both of us be
notified on the date of hearing.
Signed at: ................................. this: ................... day of: ....................., …….. (year)
......................................
RECORDS OFFICER
Copy to be served upon:
..........................................................
CMA F.10
NOTICE OF INTENTION TO SEEK FOR REVISION OF AWARD

68
LABOUR DISPUTE No: ................................................

BETWEEN
............................................................................................ APPLICANT
AND
........................................................................................ RESPONDENT
TAKE NOTICE that the Applicant/Respondent being dissatisfied with the

Commission’s award in the above mentioned Labour Dispute issued on .............. by
Honourable ........................... DO HEREBY intend to seek Revision/Review to the High
Court of Tanzania (Labour Division) against the said award.
Please forward as expeditiously as possible certified copies of proceedings and award to

the:
High Court of Tanzania,

(Labour Division)
………………… (Place).
Dated at .................... this ............ day of ...........
..............................
Applicant
Presented for filing this ............. day of ................ (year)
................................
Registry Clerk
Copy:
Respondent
69
_________
FOURTH SCHEDULE
____________
(Made under regulation 33)

___________
FEES
The following fees shall be payable to Registrar:

1. Application of registration……………………………………………..200,000/=
2. Alteration of rules, change of name, re-registration of officers…50000/=
3. For a copy of certificate of registration or for authentication not otherwise
provided for ……..……….30000/=
4. For inspection of register entries and documents filed by or with registrar
relating to any organization …30000/=
5. For a copy or extract from any document in the custody of the registrar 5000/=
per page, in addition to the fee for authentication by the Registrar, where such
authentication is required is 10000/=
Dar es Salaam, JENISTA J. MHAGAMA,

……………..…, 2017 Minister of State, Prime Minister’s Office,
Labour, Youth, Employment and
Persons with Disability
70

GN 47 The Employment and Labour Relations (General) Regulations, 2016

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GN 47 The Employment and Labour Relations (General) Regulations, 2016

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Employment and Labour Relations (General)

G.N. No. 47 (contd.)

GOVERNMENT NOTICE NO. 47 published on 24/02/2017

THE EMPLOYMENT AND LABOUR RELATIONS (GENERAL)

3. Prohibition of employment of children.

11. Contract for specified period.

18. Forms for registration of organizations, federations and confederation.

35. Offences and penalties.

THE EMPLOYMENT AND LABOUR RELATIONS ACT,

(Made under section 98(1))

THE EMPLOYMENT AND LABOUR RELATIONS (GENERAL) REGULATIONS, 2017

Citation 1. These Regulations may be cited as the Employment and

Interpretation 2. In these Regulations, unless the context otherwise

Time for 5. Notwithstanding the provisions of regulation 4(2), a child

Employer 8.-(1) Every employer shall keep and maintain a register in

(g) particulars of parents or guardians; and

Mode of 9. In remunerating a child, the employer shall comply with

Contract of 10.-(1) Subject to regulation 4, an employment of a child

of 16 of the Act shall be in the manner prescribed in form LAIF. 9 set

Payment of 13.-(1) Notwithstanding the type of contract or the basis of

Annual 14.-(1) Subject to the provision of section 31 of the Act,

Breast 15. Subject to the provision of section 33 (10) of the Act, a

Subsistence 16.-(1) The subsistence expenses provided for under section

Register 19.-(1) The Registrar shall keep the register for-

(2) Employer’s association shall be registered upon

(a) the name of the organization, federation or

Registration of 21. Federation or confederation shall be registered upon

refusal to federation or confederation, he shall, within thirty days, notify the

Notice of 27. The Registrar shall issue a notice of intention to cancel

Notice of 28. Any organization or federation wishes to change the

Notice of 29. The registrar shall, in writing, notify an organization or

Notice of 31. Where an organization or federation affiliates with an

Fees 33. Fees specified in the Fourth Schedule to these

Offence and 35. A person who contravenes provisions of these

(c) set specific timelines and make arrangements for-

(4) In auditing the compliance pursuant to sub-regulation (1),

Exemptions 39. The Minister shall, in exercising his powers of

Made under Regulation 3(2)

Hazardous Work For Children

LIST OF HAZARDOUS WORK FOR CHILDREN

Tasks Hazards Physical and/or Psychosocial

 Planting,  Heavy strenuous physical  Musculoskeletal injuries

Task Hazards Physical and/or Psychosocial

 Livestock and wild

 Placing and hauling Strenuous work  Physical and mental fatigue

 Fish salting and Working underwater  Malnutrition/under nutrition

C: MINING AND QUARRYING

 Carrying water  Noise  Mercurial poisoning

 Stone crushing in  Toxic Gases  Alcohol and drug abuse

 Cement mixing  Absence of sanitary  Poor physical and

 Store crushing in Working at height  Dermatitis: HIV/AIDS

F: RESTAURANTS/HOTELS/BARS/GUEST HOUSE WORK

Tasks Hazards Physical and/or Psychosocial harm

 Utensils equipment  Low or no wages  Low morale/depression

G: SERVICE SECTOR - COMMUNITY SERVICES

 Cobblers  Low income  Poor mental and physical

Tasks Hazards Physical and/or Psychosocial harm

 Carrying and selling  Heavy manual  Poor mental and physical

I: OTHER INFORMAL SECTOR OPERATIONS