The advice which is to be rendered to Miss Zainabu stems from the facts that, she was

employed by the institute of social work as a human resource officer, but interestingly her
employment contract stipulated different terms however such contract did not specify in details
her rights and obligations as well as the rights and duties of the employer. Moreover, after only
two months of employment she was directed by her boss to work for 11hrs per day including the
weekends and public holidays without payments. Hence Miss Zainabu needs to be advised on her
rights and obligations at workplace on one side, and on the other side to know what are the rights
and duties of the employer. The advice therefore will be rendered through identifying and briefly
explaining the rights and obligations of employees at workplace, thereafter deliberating upon the
rights and duties of employers.

Noteworthy, the formation of contract of service between the employer and employee
results to posing obligations to either part in the contract of service. It follows therefore that after
the contract of service is concluded the employer has obligations to fulfil for the employee. These
obligations are there to balance the conflict of interests between the two parties to the contract.
The employer is not supposed to benefit on the detriment of the employee; that is why the labour
law statutes have striven to distribute obligations to either party of the contract f employment (see,
Mwakisiki M at pg 58).

The National Employment Policy of 2008 stipulates that ‘the government will safeguard
the basic rights and interest of workers with regard to international labour standards including
equality of treatment’. Thus, the Employment and Labour Relations Act [CAP 366 R.E 2019].
[Here in under referred to as ELRA] has incorporated requirements of Core Conventions of the
International Labour Organisation (ILO) as well as others ratified by Tanzania. Core rights
incorporated in ELRA include: Prohibition of child labour, Prohibition of forced labour,
Prohibition of discrimination and Freedom of Association. These fundamental rights and
protections either impose duties to the employee and rights to the employer or both. Hence all of
the above mentioned fundamental rights of employees which are compatible with the scenario
given have been enshrined under the ELRA, and also herein under briefly explained below.
RIGHTS OF EMPLOYEES AND EMPLOYERS AT WORK PLACE

Prohibition of Forced Labour, the Constitution of Tanzania under Article 25 (2) prohibits
all forms of forced labour. The Employment and labour Relations Act, under Section 6, also
prohibits all forms of forced labour. As per Section 6 (2) of the Act, 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. Any person who procures demands or imposes forced labour, commits an
offence (see also Section 6 (1) of the ELRA). A person who unlawfully compels others to labour
against their will commits an offence. Thus reading between the lines, it can be reiterated that, it
is the right of every employee not to be forced to labour by the employer and thus if it occurs the
employer is by forcing his employees to work he or she will be committing an offence.

Prohibition of Discrimination, The new labour laws further prohibit discrimination in the
workplace, of any kind, by the employer, trade union or employers’ association. The breach of this
prohibition amounts to a criminal offence. According to Section 102 (3) of ELRA any person
convicted with an offence referred under Section 7, 8 and 9 may be sentenced to a fine not
exceeding five million shillings. It is instructive that where discrimination is alleged in any
proceedings, the Respondent employer, trade union or employers’ association is legally required
to disprove the same.

Freedom of Association Under the new labour regime, every employee has the right to
form or join a trade union and participate in its lawful activities. However, a senior management
employee is barred from joining a trade union that represents non-senior management employees
of the employer. On another note, every employer is entitled to form or join an employers’
association and participate in its lawful activities. The Constitution of Tanzania under Article 20
provides for freedom of association while the Employment and Labour Relations Act allows the
workers and employer to establish and join unions. Section 9 of the ELRA, guarantees employee’s
right to freedom of association as such employee shall have the right to form and join a trade union
and participate in the lawful activities of the trade union. Equally Section 10 of the ELRA
guarantees the employers right to form and join an employer’s association and to participate in
lawful activities of an employers association.
OBLIGATIONS OF THE EMPLOYEE
a) The employee is duty bound to obey lawful orders and reasonable instructions of the
employer pertaining to his employment. Failure to obey the lawful orders amounts to misconduct
which may drive the employer to terminate employment as enshrined in the case of KITUNDU
SISAL ESTATE V SHINGO MSHUTI & ORS (1970) HCD 243. It can lead also to the
termination of employment without notice as per section 41 (7) (b) of the ELRA.

b) The employee is supposed to cooperate with the employer and other employees and
adapt changes in the process of production and provision of services i.e. technological changes.

c) The employee has duty of loyalty and good faith. As the employee of the certain
employment agency the employee is not supposed to disclose the secrecy of the employer to other
competitors.

d) The employee is supposed to conduct properly for the good of the employer

e) The employee has the duty to attend the working place during working hours and fulfil
his job descriptions.

DUTIES OF THE EMPLOYER

b) The employer is supposed to take reasonable care in respect of the safety, health and
welfare of the employee specifically those working in industries and those covered under the
Occupational Health and Safety Act (Act No 5 of 2003) and the Workers’ Compensation Act (cap
263 R.E 2019).

c) The employer is duty bound to observe incidents and terms provided for under the ELRA
2004 such as provision of rest hours, rest days and leaves such as annual leave, sick leave,
maternity leave paternity leave etc See PART III Sub Part B and Sub Part D of the ELRA.

d) The employer is supposed to keep the record as per section 96 of the ELRA. These
records includes the records of any remunerations paid to the employee and written particulars
referred under section 15 (1) of the ELRA.
 e) The employer has the duty to provide a trade union which is recognised as per section
67 of the ELRA reasonable and necessary facilities to conduct its activities at the work place.

f) Employer has the duty to insure his workers under the Workers’ Compensation Act to
cater for injuries occurring in the accident when the employee is out of or in the course of
employment or in case for the occupational disease attacking the employee working for the
employer.

g) Employer is supposed to pay an employee wages and other remunerations due to an

h) The employer is further duty bound to inform the employees of the minimum wage
rates13 in force by posting notices at the workplace or by any other more effective means

i) The employer has the duty to treat employees with respect and humanity. He is not
supposed to victimise the employee.

CONCLUSION
Basing on what has been advised and deliberated above concerning the rights and obligations of employees
at workplace and the rights and duties of employers, it can now be reiterated that These fundamental
rights and protections either impose duties to the employee and rights to the employer or both, that
is to say a right of an employee may impose a duty to an employer and likewise the rights of an
employer may impose an obligation to employees. Therefore, these obligations are there to balance
the conflict of interests between the two parties to the contract, as the employer is not supposed to
benefit on the detriment of the employee; that is why the labour law statutes have striven to
distribute obligations to either party of the contract f employment.