Muswada Marekebisho Sheria Kazi 2024

NO.
13 The Labour Laws (Amendments) Act,ISSN 0856 - 01001X

2024
THE UNITED REPUBLIC OF TANZANIA

No. 13 5th November, 2024
SPECIAL BILL SUPPLEMENT

To The Special Gazette of the United Republic of Tanzania No. 34 Vol. 105 Dated 5th November, 2024
Printed by the Government Printer, Dodoma by Order of Government
THE LABOUR LAWS (AMENDMENTS) ACT, 2024

ARRANGEMENT OF SECTIONS
Section Title
PART I
PRELIMINARY PROVISIONS
1. Short title.
2. Amendment of labour laws.
PART II
AMENDMENT OF THE EMPLOYMENT AND LABOUR RELATIONS ACT,
(CAP. 366)
3. Construction.
4. Amendment of section 4.
7. Addition of section 16A.
PART III
AMENDMENT OF THE LABOUR INSTITUTIONS ACT,
(CAP. 300)
1
NO. 13 The Labour Laws (Amendments) Act, 2024
20. Construction.
31. Amendment of section 45A.
PART IV
AMENDMENT OF THE NON-CITIZENS (EMPLOYMENT REGULATION) ACT,
(CAP. 436)
34. Construction.
2
________
NOTICE
________
This Bill to be submitted to the National Assembly is published for general

information to the public together with a statement of its objects and
reasons.
Dodoma, MOSES M. KUSILUKA,

14th October, 2024 Secretary to the Cabinet
A Bill
for
An Act to amend various Labour laws.
ENACTED by the Parliament of the United Republic of Tanzania.
PART I
PRELIMINARY PROVISIONS
Short title 1. This Act may be cited as the Labour Laws

(Amendments) Act, 2024.
Amendment of 2. The labour laws specified in various Parts of this

labour laws
Act are amended in the manner specified in their respective
Parts.
PART II
AMENDMENT OF THE EMPLOYMENT AND LABOUR
RELATIONS ACT,
(CAP. 366)
Construction 3. This Part shall be read as one with the

Cap. 366
Employment and Labour Relations Act, hereinafter referred
to as the “principal Act”.
Amendment of 4. The principal Act is amended in section 4-

3
section 4 (a) in the definition of the term “basic wage” by

deleting the word “Sunday” appearing in
paragraph (c) and substituting for it the words
“rest day”; and
(b) by adding in the appropriate alphabetical order
the following new definitions:
““award” includes-
(a) agreements reached after mediation;
(b) decision;
(c) decree; and
(d) ruling,
that has the effect of finally determining the
matter;
“personal representative” means a person
appointed by a party to a dispute for
the purpose of representation;
“process server” means a person determined
as such under any written law to
undertake service of court
documents;”.
Amendment of 5. The principal Act is amended in section 9(6)(b),

section 9
by-
(a) deleting the word “and” appearing in
subparagraph (i);
(b) adding immediately after subparagraph (i) the
following:
“(ii) has authority or is authorised to hire,
discipline or terminate an employee;
and”; and
(c) renumbering subparagraph (ii) as subparagraph
(iii).
Amendment of 6. The principal Act is amended in section 14(1) by

section 14
deleting paragraph (b) and substituting for it the following:
“(b) a contract for a specified period of time
for an employee who-
(i) is employed on account of a
temporary increase in the
volume of work which is not
expected to endure beyond
4
twelve months;
(ii) is a graduate who is employed
for the purpose of being trained
or gaining work experience in
order to be employed, provided
such training does not exceed
twenty-four months;
(iii) is employed to work exclusively
on a specific project that has a
limited or defined duration;
(iv) is a non-citizen who has been
granted a work permit for a
defined duration;
(v) is employed to perform seasonal
work;
(vi) is employed for the purpose of
an official public works scheme
or similar public job creation
scheme;
(vii) is employed in a position which
is funded by an external source
for a limited period;
(viii) has reached retirement age as
per the applicable laws; or
(ix) is an employee employed by an
employer whose business
depends on acquiring tenders;”.
Addition of 7. The principal Act is amended by adding

section 16A
immediately after section 16 the following:
“Agreement on 16A.-(1) In the event of an
state of outbreak or potential outbreak of
emergency
infectious disease or other
emergency which is likely to affect
the safety of employees or disrupt
operations and production at work
place, the employer and employees
shall agree on the best ways to
overcome the situation.
(2) The agreement
mentioned in subsection (1) shall
5
take into account the interests of

both parties.”.
Amendment of 8. The principal Act is amended in section 33 by-

section 33
(a) adding immediately after subsection (7) the
following:
“(8) An employee who gives birth to
a premature child is entitled to a paid
maternity leave from the date of giving birth
up to completion of the thirty-six weeks of
pregnancy and to maternity leave period
provided under subsection (6) within the
leave cycle.”; and
(b) renumbering subsections (8) to (11) as
subsections (9) to (12) respectively.

section 34A
“Unpaid leave 34A.-(1) An employer may,
upon written application and on
such conditions as may be specified
in the regulations, grant an
employee unpaid leave for a period
not exceeding thirty days.
(2) The duration of unpaid
leave may be extended to a further
period upon agreement between
employee and employer.”.
Amendment of 10. The principal Act is amended in section 37, by

section 37
adding immediately after subsection (5) the following:
“(6) An employer shall not
commence or continue a disciplinary matter
against an employee where such matter has
been referred to the Commission or Court
for determination.”.
Amendment of 11. The principal Act is amended in section 40(1),

section 40
by deleting paragraph (c) and substituting for it the
following:
“(c) to pay to an employee compensation -
6
(i) in case the termination is based on unfair

reason or unfair procedure or both, not
exceeding twelve months remuneration;
and
(ii) in case the termination is unfair for
reasons of discrimination or harassment,
not exceeding twenty-four months
remuneration.”.

section 41A
“Remedies for 41A. An arbitrator or Labour
material Court may, on determining that
breach of
contract there is material breach of a fixed
term contract on part of the
employer, order the employer to pay
compensation to the employee equal
to the remuneration for the
remaining term of the contract.”.

section 71
by-
(a) deleting a full stop appearing at the end of that
subsection and substituting for it a colon; and
(b) adding the following proviso:
“Provided that, for public
institutions, the collective agreement shall
be binding upon approval by the Permanent
Secretary of the Ministry responsible for
establishments.”.

section 73
by deleting the words “A recognised” and substituting for
them the words “One or more”.

section 86
(a) in subsection (6), by-
(i) adding immediately after the word
“dispute” appearing in the opening phrase
the words “shall be present and”; and
(ii) adding the words “in the case of an
7
employee,” at the beginning of paragraph

(c); and
(b) in subsection (7)(b), by adding the words
“within thirty days from the date of failure of
mediation” immediately after the word
“arbitration” appearing in subparagraph (i).

section 87
(a) in subsection (3), by deleting the words “decide
the complaint” appearing in paragraph (b) and
substituting for them the words “mark the
dispute failed”;
(b) by deleting subsection (4);
(c) in subsection (5), by deleting the words “reverse
a decision made under this section” appearing in
the opening phrase and substituting for them the
words “restore a matter dismissed under
subsection (3)(a)”; and
(d) by renumbering subsection (5) as subsection (4).

section 88
(a) by adding immediately after subsection (7) the
following:
“(8) Where a party to a dispute
admits the claims or part of the claims, an
arbitrator shall issue an award in respect of
admitted claim.”;
(b) in subsection (8), by deleting the words “as
provided for under rule 28 of the Labour
Institutions (Mediation and Arbitration
Guidelines) Rules” appearing in paragraph (a)
and substituting for them the words “or
dismissed”;
(c) by adding immediately after subsection (8) the
following:
“(9) Where a matter has been heard
ex-parte or dismissed pursuant to subsection
(9)(a), an aggrieved party may, within
fourteen days from the date of the decision,
make an application for setting aside the ex-
parte order or restoration of the matter.”;
8
(d) by adding immediately after subsection (11) the

following:
“(12) Where an arbitrator fails to
issue an award within thirty days as
provided under subsection (13), the
arbitrator shall notify the parties, state the
reasons for delay and fix the date for
delivering the award or order.”; and
(e) by renumbering subsections (8) to (12) as
Amendment of 18. The principal Act is amended in section 94 by

section 94
“(4) An application for revision shall
not lie or be made in respect of any
preliminary or interlocutory decision unless
such decision or order has the effect of
finally determining the matter.”.
Amendment of 19. The principal Act is amended in section 97, by-

section 97
following:
“(2) A document required to be
served under this Act may be served by a
process server.”; and
(b) renumbering subsection (2) as subsection (3).
PART III
AMENDMENT OF THE LABOUR INSTITUTIONS ACT,
(CAP. 300)
Construction 20. This Part shall be read as one with the Labour
Cap. 300
Institutions Act, hereinafter referred to as the “principal
Act”.

section 2
(a) in the definition of the term “Labour
Commissioner”, by deleting the words “and in
the absence of the Labour Commissioner, the
Deputy Labour Commissioner”; and
(b) in the definition of the term “labour officer”, by
9
deleting the words “section 43(3) and include

the Labour Commissioner or the Deputy Labour
Commissioner” and substituting for them the
words “section 43(4) and include the Labour
Commissioner”.
Amendment of 22. The principal Act is amended in section 9(1) by

section 9
deleting the word “Calendar” appearing in paragraph (a)
and substituting for it the word “Financial”.
Amendment of 23. The principal Act is amended in section 15(1)

section 15
by adding immediately after paragraph (b), the following
proviso:
“Provided that, a mediator shall not
arbitrate the dispute which he was involved
in its mediation;”.

section 16
“(5) The Chairperson shall preside
over all meetings of the Commission.
(6) Where the Chairperson is absent,
members present shall elect one of the
members to preside over the meeting.”.

section 19
deleting subsection (7) and substituting for it the following:
“(7) This Act or the Employment and
Cap. 366
Labour Relations Act shall not preclude a
person from being appointed as both a
mediator and an arbitrator under this
section.”.

section 20
by adding the words “or recall” immediately after the word
“summon” appearing in paragraph (a).

section 27
by adding the word “not” immediately after the word
“shall”.
10

section 43
(a) in subsection (1), by deleting the words “and a
Deputy labour Commissioner”; and
(b) in subsection (4), by adding the words “and
workers education officers” immediately after
the word “officers”.

section 44
deleting subsection (1) and substituting for it the following:
“(1) The Labour Commissioner may,
in writing delegate to the Assistant Labour
Commissioners, any labour officer or
workers education officer, any of the
Commissioner’s powers, functions and
duties.”.

section 45
(a) by deleting the marginal note and substituting
for it the following:
“Powers and functions of labour officers and
workers education officers”;
(b) in subsection (1), by-
(i) deleting the words “educate, advise and”
appearing at the beginning of paragraph
(j);
(ii) deleting the semicolon and the word
“and” appearing at the end of paragraph
(k) and substituting for them a full stop;
and
(iii) deleting paragraph (l);
(c) by adding immediately after subsection (1) the
following:
“(2) For purposes of the
administration of labour laws, workers
education officer may-
(a) plan and conduct training
programs to employees,
employers, registered trade
unions, employers organisations
and federations on
implementation of labour laws;
11
(b) upon request, provide employees,

employers, registered trade
unions, employers organisations
and federations advice and
training in skills for avoidance,
prevention and settlement of
disputes;
(c) advice employers and employees
in matters relating to the forum
for workers participation in a
workplace;
(d) facilitates establishment of
workers council at workplaces;
and
(e) scrutinise and process
registration of employment
policies and collective
agreements.”; and
(d) by renumbering subsections (2) to (6) as
Amendment of 31. The principal Act is amended in section 45A(1)

section 45A
by deleting paragraph (b) and substituting for it the
following:
“(b) the money charged under this section
shall, unless otherwise directed by the
Minister responsible for finance, be
paid into the Consolidated Fund.”.

section 55
(a) deleting the words “of Labour Court” appearing
in the marginal note; and
(b) deleting subsection (1) and substituting for it the
following:
“(1) The Chief Justice may, in
consultation with the Minister, make rules-
(a) to govern the practice and
procedures of the Labour Court;
and
(b) regulating the conduct of
personal representatives
12
representing parties in the Labour

Court and Commission.”.

section 56
adding the words “in the case of an employee,” at the
beginning of paragraph (b).
PART IV
AMENDMENT OF THE NON-CITIZENS (EMPLOYMENT
REGULATION) ACT,
(CAP. 436)
Construction 34. This Part shall be read as one with the Non-
Cap. 436
Citizens (Employment Regulation) Act, hereinafter referred
to as the “principal Act”.

section 9
following:
“(3) A holder of a work permit class
A who intends to engage with another
company to which he is a shareholder shall
obtain a written authorisation from the
Labour Commissioner.”; and
(b) renumbering subsection (3) as subsection (4).

section 10
by adding the word “non-refundable” immediately before
the word “fee” appearing in paragraph (a).

section 12
following:
“(6) Notwithstanding subsection (4)
and (5), a work permit issued to a refugee
shall remain valid for the period which the
refugee maintains the refugee status in
accordance with the relevant laws.
(7) Application for renewal of work
permit shall be submitted to the Labour
Commissioner at least sixty days before
13
expiry.”; and
(b) renumbering subsections (6) and (7) as
subsections (8) and (9) respectively.
____________________
OBJECTS AND REASONS

____________________
This Bill proposes to amend three laws, namely, the Employment and
Labour Relations Act, Chapter 366, the Labour Institutions Act, Chapter
300 and the Non-Citizens (Employment Regulation) Act, Chapter 436. The
proposed amendments aim to address challenges observed during
implementation of various provisions in the relevant laws.
The Bill is divided into Four Parts. Part I deals with preliminary provisions
which include the title of the Bill and the manner in which the laws
proposed to be amended are amended in their respective Parts.
Part II of the Bill proposes to amend the Employment and Labour

Relations Act, Cap. 366. This Act was enacted in 2004 with the view to
make provisions for basic labour rights, basic employment standards,
framework for collective bargaining, prevention and settlement of
disputes. Since its enactment, this Act has been amended ten times.
Section 4 is proposed to be amended in order to improve and introduce

definitions of various terms used in the Act. The objective of these
amendment is to enhance clarity in the usage of the terms in the Act.
Section 9 is proposed to be amended in order to broaden the definition of
the term “senior management employee”. The objective of these
amendments is to expand the scope of the definition of a senior
management employee's position in the exercise of the right to join trade
unions.
Section 14 is proposed to be amended in order to specify the types of

fixed-term contracts. The objective of these amendments is to widen the
scope of circumstances under which a person may be employed under a
fixed term contract, including contracts for temporary increase in the
volume of work, opportunities for recent graduates to build capacity, and
contracts for seasonal work. Section 16A is proposed to be added in order
to specify the circumstances under which an employer and employee may
14
enter into agreements on the best ways to operate during an emergency

that is likely to affect production at the workplace. The objective of these
amendments is to ensure job security and safety of worker at the
workplace, maintain productivity, and mitigate the impact on employers
during epidemics or emergencies.
Section 33 is proposed to be amended in order to increase the period of

maternity leave for an employee who gives birth to a premature child by
including in the maternity leave the remaining time up to completion of
thirty-six weeks of pregnancy. The objective of these amendments is to
protect the well-being and health of prematurely born children by ensuring
sufficient time for maternal care. Section 34A is proposed to be added in
order to enable an employer to grant an employee unpaid leave not
exceeding thirty days. The objective of these amendments is to provide a
conducive environment for employees to take unpaid leave in case of
disasters or emergencies. Section 37 is proposed to be amended in order to
prevent an employer from initiating or continuing disciplinary proceedings
against an employee where a dispute is before the Commission or Labour
Court. The objective of these amendments is to prevent interference with
the handling of disputes presented to the Commission or Labour Court.
Furthermore, section 40 is proposed to be amended in order to specify

compensation based on the type of dispute and to set a maximum limit on
the compensation awarded to an employee unfairly terminated. The
objective of these amendments is to guide compensation awards and
control excessive compensation in cases of unfair termination. Section
41A is proposed to be added in order to provide guidance for
compensation in cases of breach of fixed-term contracts. The objective of
these amendments is to provide guidance on compensation for employees
where there is a material breach of contract on the part employer leading to
employee resignation.
Section 71 is proposed to be amended in order to establish the procedure

for the enforcement of collective agreements entered into by heads of
public institutions. The objective of these amendments is to align the
provisions of this Act with the applicable procedures under laws governing
public service. Section 73 is proposed to be amended in order to allow
trade unions to jointly enter into collective agreements with employers or
employer organisations to establish employee participation forum at the
workplace. The objective of these amendments is to increase employee
15
participation in matters concerning their interests and improve relations at

the workplace.
Section 86 is proposed to be amended in order to require the presence of

both parties during mediation and to prevent the employer from being
represented by a personal representative. The objective of these
amendments is to facilitate dispute resolution at the mediation stage.
Additionally, this section is proposed to be amended to set a time limit for
submitting a dispute to arbitration after mediation has failed. The objective
of these amendments is to ensure that labour disputes are timely resolved.
Section 87 is proposed to be amended in order to prevent the mediator
from deciding the dispute during mediation and instead to state that
mediation has failed. The objective of these amendments is to adhere to
the procedures applicable in mediation and eliminate contradiction
between mediation and arbitration. This section is further proposed to be
amended to grant the Commission the authority to restore and hear a
matter where the applicant provides reasonable grounds for non-
appearance. The objective of these amendments is to ensure that the right
to be heard is protected for all parties.
Section 88 is proposed to be amended in order to establish the procedure

for issuance of an award if one party admits the claims or part of the
claims, the procedure for applying to set aside an order or decision made
ex parte, and the obligation of the arbitrator to notify the parties to a
dispute in the event of failure to issue an award within thirty days. The
objective of these amendments is to improve the procedure for hearing and
deciding disputes before the Commission.
Section 94 is proposed to be amended in order to prevent parties to a

dispute from filing applications for revision of preliminary or interlocutory
decisions or orders by the Commission unless the decisions have the effect
of finally determining the matter. The objective of these amendments is to
allow the Commission to hear and decide disputes in a timely manner.
Section 97 is proposed to be amended in order to establish a procedure that
enables the Commission’s documents to be served by a process server. The
objective of these amendments is to ensure that documents are delivered
on time and through a reliable and accountable procedure.
Part III of the Bill proposes to amend the Labour Institutions Act, Cap.
300. This Act was enacted by Parliament in 2004 in order to establish
labour institutions and outline their functions, powers and responsibilities.
16
These institutions include the Labour Court, the Labour Commissioner,

and the Commission for Mediation and Arbitration. Since its enactment,
the Act has been amended five times.
Section 2 is proposed to be amended in order to improve definitions of

various terms used in the Act. The objective of these amendments is to
enhance clarity in the usage of the terms in the Act. Section 9 is proposed
to be amended in order to change the meeting schedule of the Council
from a calendar year to a financial year. The objective of these
amendments is to align Council meetings with the Government’s calendar.
Section 15 is proposed to be amended in order to establish conditions

prohibiting a mediator involved in mediation at the mediation stage from
deciding the dispute at the arbitration stage. The objective of these
amendments is to avoid conflicts of interest in arbitration and ensure
adherence to principles of natural justice. Section 16 is proposed to be
amended in order to provide for the Chairperson to preside over the
meetings of the Commission, and in his absence, the members present
shall appoint one member to preside over the meeting. The objective of
these amendments is to enhance the efficiency of the Commission.
Section 19 is proposed to be amended in order to prohibit a mediator

involved in the mediation of a dispute from hearing the dispute at the
arbitration stage. The objective of these amendments is to avoid conflicts
of interest in arbitration and ensure adherence to principles of natural
justice. Section 20 is proposed to be amended in order to allow the
Commission to recall a witness who has already testified to give additional
testimony. The objective of these amendments is to ensure the
Commission's effectiveness in resolving disputes.
Section 27 is proposed to be amended in order to correct typographical

errors. Sections 43 and 44 are proposed to be amended in order to remove
the position of Deputy Labour Commissioner and recognise workers
education officers working under the Labour Commissioner. Section 45 is
proposed to be amended in order to improve the functions of labour
officers and provide for functions of workers education officers. The
objective of these amendments is to enhance the implementation of the Act
and align it with the organisational structure of the Labour
Commissioner’s office.
17
Additionally, section 45A is proposed to be amended in order to improve

provisions relating to compounding of offences, so as to require money
obtained during compounding to be deposited into the Consolidated Fund.
The objective of these amendments is to ensure transparency and
accountability in Government funds and to prevent the loss of Government
revenue. Section 55 is proposed to be amended in order to empower the
Chief Justice, in consultation with the Minister, to make rules regulating
conduct of personal representatives. The objective of these amendments is
to provide an effective framework for regulating the conduct of personal
representatives appearing before the Labour Court and Commission.
Section 56 is proposed to be amended in order to prevent the employer
from being represented by a personal representative.
Part IV of the Bill proposes to amend the Non-Citizens (Employment

Regulation) Act, Cap. 436. This Act was enacted by the Parliament in 2015
in order to establish a legal framework for the employment of non-citizens
in Tanzania. Since its enactment, the Act has been amended twice.
Section 9 is proposed to be amended in order to require a holder of work

permit class A who intends to engage with another company in which he
holds shares to obtain a written authorization from the Labour
Commissioner. The objective of these amendments is to remove
administrative burdens and create a conducive environment for foreign
investors, whereby, once he obtains a work permit for one company, he
will not be required to obtain additional permits for other companies where
he holds shares.
Section 10 is proposed to be amended in order to prohibit the refund of

work permit application fees. The aim of these amendments is to provide
clarification to work permit applicants regarding the fees paid during the
application process. Section 12 is proposed to be amended in order to
allow refugees who maintain refugee status to continue working without
being restricted by the time limit of the work permit. This section is further
amended to provide for the applications for renewal of the work permit to
be submitted to the Labour Commissioner at least two months before the
expiration of the permit. The objective of these amendments is to facilitate
the better implementation of the provisions of this Act.
18
_____________________
MADHUMUNI NA SABABU
____________________
Muswada huu unapendekeza kufanya marekebisho katika Sheria Tatu

ambazo ni Sheria ya Ajira na Uhusiano Kazini, Sura ya 366, Sheria ya
Taasisi za Kazi, Sura ya 300 na Sheria ya Usimamizi wa Ajira za Wageni,
Sura ya 436. Mapendekezo ya marekebisho haya yanalenga kuondoa
mapungufu ambayo yamejitokeza wakati wa utekelezaji wa baadhi ya
masharti katika Sheria husika.
Muswada huu umegawanyika katika Sehemu Nne. Sehemu ya Kwanza

inahusu masharti ya utangulizi ambayo yanajumuisha jina la Muswada na
namna ambavyo masharti ya Sheria mbalimbali yanapendekezwa
kurekebishwa.
Sehemu ya Pili ya Muswada inapendekeza marekebisho kwenye Sheria ya

Ajira na Uhusiano Kazini, Sura ya 366. Sheria hii ilitungwa mwaka 2004,
kwa lengo la kuweka masharti ya haki za msingi za kazi, viwango vya
msingi vya ajira, mfumo wa majadiliano ya pamoja na taratibu za utatuzi
wa migogoro. Tangu kutungwa kwake, Sheria hii imerekebishwa mara
kumi.
Kifungu cha 4 kinapendekezwa kurekebishwa ili kuboresha na kuongeza

tafsiri ya baadhi ya misamiati iliyotumika katika Sheria. Lengo la
marekebisho haya ni kutoa ufafanuzi wa matumizi ya misamiati hiyo
ambayo imetumika katika Sheria. Kifungu cha 9 kinapendekezwa
kurekebishwa kwa kuongeza wigo wa tafsiri ya msamiati “senior
management employee”. Lengo la marekebisho haya ni kuongeza wigo wa
ufafanuzi wa nafasi ya mfanyakazi mwandamizi katika menejimenti
kwenye utekelezaji wa haki ya kujiunga katika vyama vya wafanyakazi.
Kifungu cha 14 kinapendekezwa kurekebishwa ili kubainisha aina ya

mikataba ya muda maalum. Lengo la marekebisho haya ni kuongeza wigo
wa mazingira ambayo mtu anaweza kuajiriwa kwa mkataba wa kipindi
maalum, ikiwemo mikataba ambayo mwajiriwa anaajiriwa kwa muda ili
kuendana na ongezeko la wingi wa kazi, kutoa fursa kwa wahitimu wa
vyuo ili kuwajengea uwezo na kufanya kazi nyingine za misimu. Kifungu
cha 16A kinapendekezwa kuongezwa ili kubainisha mazingira ambayo
mwajiri na mwajiriwa wanaweza kuingia katika makubaliano ya namna
19
watakavyofanya kazi katika hali ya dharura inayoweza kuathiri uzalishaji

mahali pa kazi. Lengo la marekebisho haya ni kuhakikisha ulinzi wa ajira
na usalama wa mfanyakazi mahali pa kazi, kuwezesha uzalishaji na
kupunguza athari kwa waajiri wakati wa magonjwa ya milipuko na
matukio ya dharura.
Kifungu cha 33 kinapendekezwa kurekebishwa ili kuongeza muda wa

likizo ya uzazi kwa mwajiriwa ambaye amejifungua mtoto njiti kwa
kujumuisha katika likizo yake ya uzazi muda uliobaki kufikia wiki
thelathini na sita za ujauzito. Lengo la marekebisho haya ni kulinda ustawi
na afya za watoto wanaozaliwa kabla ya wakati na kuhitaji muda wa
kutosha wa uangalizi wa mama. Kifungu cha 34A kinapendekezwa
kuongezwa ili kumwezesha mwajiri kumpatia mwajiriwa likizo bila
malipo isiyozidi siku thelathini. Lengo la marekebisho haya ni kuweka
mazingira mazuri yatakayomwezesha mwajiriwa kupata likizo bila malipo
kutokana na majanga au dharura zinazoweza kujitokeza. Kifungu cha 37
kinapendekezwa kurekebishwa kwa kuweka masharti yanayozuia mwajiri
kutoanzisha au kuendelea na shauri la nidhamu dhidi ya mwajiriwa pale
ambapo mgogoro huo upo mbele ya Tume au Mahakama ya Kazi. Lengo
la marekebisho haya ni kuzuia uingiliaji wa mchakato wa ushughulikiaji
wa migogoro iliyowasilishwa kwenye Tume au Mahakama ya Kazi.
Aidha, kifungu cha 40 kinapendekezwa kurekebishwa ili kuainisha fidia

kulingana na aina ya mgogoro na kuweka ukomo wa juu wa fidia
inayotolewa kwa mwajiriwa aliyeachishwa kazi isivyo halali. Lengo la
marekebisho haya ni kuweka mwongozo wa utoaji fidia na kudhibiti utoaji
wa fidia kwa kiwango kisicho na uhalisia pale inapothibitika kuwa
mwajiriwa aliachishwa kazi isivyo halali. Kifungu cha 41A
kinapendekezwa kuongezwa ili kuweka masharti kuhusu afua kwa
uvunjaji wa mkataba wa ajira ya muda maalumu. Lengo la marekebisho
haya ni kutoa mwongozo wa utoaji wa fidia kwa mwajiriwa pale ambapo
mwajiri atakiuka vipengele muhimu vya mkataba vinavyoweza kupelekea
mwajiriwa kuacha kazi.
Kifungu cha 71 kinapendekezwa kurekebishwa ili kuweka masharti ya

utaratibu wa kuanza kutumika kwa mikataba ya hali bora inayoingiwa na
wakuu wa taasisi za umma. Lengo la marekebisho haya ni kuwianisha
masharti ya Sheria hii na utaratibu uliowekwa kwenye sheria
zinazosimamia utumishi wa umma. Kifungu cha 73 kinapendekezwa
kurekebishwa ili kuwezesha vyama vya wafanyakazi kwa pamoja kuingia
mikataba ya hali bora na mwajiri au vyama vya waajiri ya kuanzisha
20
majukwaa ya ushiriki wa waajiriwa mahali pa kazi. Lengo la marekebisho

haya ni kuongeza ushiriki wa waajiriwa katika masuala yanayohusu
maslahi yao na kuboresha mahusiano eneo la kazi.
Kifungu cha 86 kinapendekezwa kurekebishwa ili kuweka takwa la pande

zote katika shauri kuwepo wakati wa usuluhishi na kuzuia mwajiri
kuwakilishwa na mwakilishi binafsi. Lengo la marekebisho haya ni
kufanikisha migogoro kumalizika katika hatua ya usuluhishi. Vilevile,
kifungu hiki kinapendekezwa kurekebishwa ili kuweka ukomo wa muda
wa kuwasilisha mgogoro kwa hatua ya uamuzi baada ya usuluhishi
kushindikana. Lengo la marekebisho haya ni kuhakikisha migogoro ya
kazi inashughulikiwa kwa wakati. Kifungu cha 87 kinapendekezwa
kurekebishwa ili kuzuia msuluhishi kuamua mgogoro uliopo katika hatua
ya usuluhishi na badala yake kubainisha kwamba usuluhishi
umeshindikana. Lengo la marekebisho haya ni kuzingatia utaratibu
unaohusika katika usuluhishi na kuondoa ukinzano kati ya usuluhishi na
uamuzi. Vilevile, kifungu kinapendekezwa kurekebishwa ili kuipa
mamlaka Tume kurejesha shauri na kulisikiliza pale ambapo mwombaji
ametoa sababu za msingi za kutohudhuria awali katika usikilizwaji wa
mgogoro. Lengo la marekebisho haya ni kuhakikisha haki ya kusikilizwa
inalindwa kwa pande zote.
Kifungu cha 88 kinapendekezwa kurekebishwa ili kuweka masharti

kuhusu utaratibu wa utoaji wa tuzo ikiwa upande mmoja utakubali madai
au sehemu ya madai, utaratibu wa kufanya maombi ya kutengua amri au
uamuzi uliofanywa kwa kusikilizwa upande mmoja na wajibu wa
mwamuzi kuwataarifu wahusika wa mgogoro endapo atashindwa kutoa
tuzo ndani ya siku thelathini. Lengo la marekebisho haya ni kuboresha
utaratibu wa usikilizaji na uamuzi wa mgogoro katika Tume.

kuzuia wahusika wa mgogoro kuwasilisha maombi ya mapitio kwa
maamuzi madogo ya Tume isipokuwa kama maamuzi hayo yana athari ya
kumaliza mgogoro. Lengo la marekebisho haya ni kuwezesha Tume
kusikiliza na kuamua migogoro kwa wakati. Kifungu cha 97
kinapendekezwa kurekebishwa ili kuweka utaratibu utakaowezesha
nyaraka za Tume kusambazwa na msambazaji nyaraka wa mahakama.
Lengo la marekebisho haya ni kuhakikisha kuwa nyaraka zinapelekwa
kwa wakati na kwa kutumia utaratibu unaoaminika na wenye uwajibikaji.
21
Sehemu ya Tatu ya Muswada inapendekeza marekebisho katika Sheria ya

Taasisi za Kazi, Sura ya 300. Sheria hii ilitungwa na Bunge mwaka 2004
ili kuanzisha taasisi za kazi, na kuainisha majukumu, mamlaka na wajibu
wa taasisi hizo. Taasisi hizo ni pamoja na Mahakama ya Kazi, Kamishna
wa Kazi na Tume ya Usuluhishi na Uamuzi. Tangu kutungwa kwake
Sheria hii imerekebishwa mara tano.
Kifungu cha 2 kinapendekezwa kurekebishwa ili kuboresha tafsiri za

baadhi ya misamiati iliyotumika katika Sheria. Lengo la marekebisho haya
ni kutoa ufafanuzi wa matumizi ya misamiati hiyo ambayo imetumika
katika Sheria. Kifungu cha 9 kinapendekezwa kurekebishwa ili kubadili
utaratibu wa vikao vya Baraza kutoka katika utaratibu wa mwaka wa
kalenda na badala yake kutumia utaratibu wa mwaka wa fedha. Lengo la
marekebisho haya ni kuhakikisha vikao vya Baraza vinaendana na kalenda
ya Serikali.

kumzuia msuluhishi aliyehusika katika usuluhishi wa mgogoro katika
ngazi ya usuluhushi kuamua katika ngazi ya uamuzi. Lengo la
marekebisho haya ni kuepuka mgongano wa maslahi katika uamuzi na
kuhakikisha uzingatiaji wa misingi ya haki asili. Kifungu cha 16
kinapendekezwa kurekebishwa ili kuweka masharti kwa Mwenyekiti
kuongoza vikao vya Tume na kama hatakuwepo, wajumbe waliopo
watateua mjumbe mmoja kuongoza kikao. Lengo la marekebisho haya ni
kuongeza ufanisi wa utendaji wa Tume.
Kifungu cha 19 kinapendekezwa kurekebishwa ili kuondoa masharti

yanayoruhusu msuluhishi aliyehusika katika usuluhishi wa mgogoro
kusikiliza mgogoro huo katika ngazi ya uamuzi. Lengo la marekebisho
haya ni kuepuka mgongano wa maslahi katika uamuzi na kuhakikisha
uzingatiaji wa misingi ya haki asili. Kifungu cha 20 kinapendekezwa
kurekebishwa ili kuwezesha Tume kumwita tena shahidi ambaye
ameshatoa ushahidi ili kumdadisi na kumtaka kutoa ushahidi zaidi. Lengo
la marekebisho haya ni kuhakikisha ufanisi kwa Tume katika kuamua
mashauri.
Kifungu cha 27 kinapendekezwa kurekebishwa ili kurekebisha makosa ya

kiuandishi. Vifungu vya 43 na 44 vinapendekezwa kurekebishwa kwa
kuondoa cheo cha Naibu Kamishna wa Kazi na kutambua maafisa elimu
kazi waliopo chini ya Kamishna wa Kazi. Kifungu cha 45 kinapendekezwa
kurekebishwa kwa kuboresha majukumu ya maafisa kazi na kuongeza
22
majukumu ya maafisa elimu kazi. Lengo la marekebisho haya ni

kuwezesha utekelezaji bora wa masharti ya sheria hii na kuendana na
muundo unaotumika katika ofisi ya Kamishna wa Kazi.
Aidha, kifungu cha 45A kinapendekezwa kurekebishwa ili kuboresha

masharti kuhusu ufifilishaji wa makosa kwa kuweka matakwa ya fedha
zinazolipwa katika ufifilishaji kuwekwa katika Mfuko Mkuu wa Hazina ya
Serikali. Lengo ni kuhakikisha uwazi na uwajibikaji wa fedha za Serikali
na kudhibiti upotevu wa mapato ya Serikali. Kifungu cha 55
kinapendekezwa kurekebishwa ili kumpa mamlaka Jaji Mkuu kwa
kushauriana na Waziri kutengeneza kanuni za kusimamia mienendo ya
wawakilishi binafsi. Lengo la marekebisho haya ni kuweka utaratibu bora
wa kusimamia utendaji wa wawakilishi binafsi katika Mahakama ya Kazi
na Tume. Kifungu cha 56 kinapendekezwa kurekebishwa ili kuzuia
mwajiri kuwakilishwa na mwakilishi binafsi.
Sehemu ya Nne ya Muswada inapendekeza kufanya marekebisho katika

Sheria ya Usimamizi wa Ajira za Wageni, Sura ya 436. Sheria hii
ilitungwa na Bunge mwaka 2015 kwa lengo la kuweka utaratibu wa
kisheria wa kuajiriwa kwa watu wasiokuwa raia wa Tanzania. Tangu
kutungwa kwake Sheria hii imefanyiwa marekebisho mara mbili.

kumtaka raia wa kigeni mwenye kibali cha kazi daraja A anayekusudia
kujihusisha na kampuni nyingine anayomiliki hisa kupata idhini ya
Kamishna wa Kazi. Lengo la marekebisho haya ni kuondoa usumbufu na
kuweka mazingira bora ya uwekezaji kwa mwekezaji ambaye ni raia wa
kigeni ambapo mara baada ya kupata kibali cha kazi kwa kampuni moja
hatahitajika kupata kibali kingine kwa kampuni nyingine atakayomiliki
hisa.
Kifungu cha 10 kinapendekezwa kurekebishwa kwa kuweka masharti ya

kuzuia urejeshwaji wa ada ya maombi ya kibali cha kazi. Lengo la
marekebisho haya ni kutoa ufafanuzi kwa waombaji wa vibali vya kazi
kuhusiana na ada zinazolipwa wakati wa maombi. Kifungu cha 12
kinapendekezwa kurekebishwa ili kuwawezesha wakimbizi wenye hadhi
stahiki kuendelea kufanya kazi bila kubanwa na sharti la ukomo wa muda
wa kibali cha kazi. Vilevile, kifungu hiki kinarekebishwa ili maombi ya
23
kuhuisha kibali cha kazi kuwasilishwa kwa Kamishna wa Kazi angalau

miezi miwili kabla ya kuisha kwa muda wa kibali. Lengo la marekebisho
haya ni kuwezesha utekelezaji bora wa masharti ya Sheria hii.
Dodoma, RIDHIWANI JAKAYA KIKWETE,

12th October, 2024 Minister of State,
Prime Minister’s Office,
Labour, Youth, Employment and
Persons with Disability
24

Muswada Marekebisho Sheria Kazi 2024

Uploaded by

Copyright:

Available Formats

Muswada Marekebisho Sheria Kazi 2024

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Muswada Marekebisho Sheria Kazi 2024

Uploaded by

Copyright:

Available Formats

NO.

13 The Labour Laws (Amendments) Act,ISSN 0856 - 01001X

THE UNITED REPUBLIC OF TANZANIA

SPECIAL BILL SUPPLEMENT

THE LABOUR LAWS (AMENDMENTS) ACT, 2024

This Bill to be submitted to the National Assembly is published for general

Dodoma, MOSES M. KUSILUKA,

An Act to amend various Labour laws.

ENACTED by the Parliament of the United Republic of Tanzania.

Short title 1. This Act may be cited as the Labour Laws

Amendment of 2. The labour laws specified in various Parts of this

Construction 3. This Part shall be read as one with the

Amendment of 4. The principal Act is amended in section 4-

section 4 (a) in the definition of the term “basic wage” by

Amendment of 5. The principal Act is amended in section 9(6)(b),

Amendment of 6. The principal Act is amended in section 14(1) by

Addition of 7. The principal Act is amended by adding

take into account the interests of

Amendment of 8. The principal Act is amended in section 33 by-

Addition of 9. The principal Act is amended by adding

Amendment of 10. The principal Act is amended in section 37, by

Amendment of 11. The principal Act is amended in section 40(1),

(i) in case the termination is based on unfair

Addition of 12. The principal Act is amended by adding

Amendment of 13. The principal Act is amended in section 71(2),

Amendment of 14. The principal Act is amended in section 73(1),

Amendment of 15. The principal Act is amended in section 86-

employee,” at the beginning of paragraph

Amendment of 16. The principal Act is amended in section 87-

Amendment of 17. The principal Act is amended in section 88-

(d) by adding immediately after subsection (11) the

Amendment of 18. The principal Act is amended in section 94 by

Amendment of 19. The principal Act is amended in section 97, by-

Amendment of 21. The principal Act is amended in section 2-

deleting the words “section 43(3) and include

Amendment of 22. The principal Act is amended in section 9(1) by

Amendment of 23. The principal Act is amended in section 15(1)

Amendment of 24. The principal Act is amended in section 16 by

Amendment of 25. The principal Act is amended in section 19 by

Amendment of 26. The principal Act is amended in section 20(1),

Amendment of 27. The principal Act is amended in section 27(1)

Amendment of 28. The principal Act is amended in section 43-

Amendment of 29. The principal Act is amended in section 44 by

Amendment of 30. The principal Act is amended in section 45-

(b) upon request, provide employees,

Amendment of 31. The principal Act is amended in section 45A(1)

Amendment of 32. The principal Act is amended in section 55, by-

representing parties in the Labour

Amendment of 33. The principal Act is amended in section 56 by

Amendment of 35. The principal Act is amended in section 9, by-

Amendment of 36. The principal Act is amended in section 10(2)

Amendment of 37. The principal Act is amended in section 12, by-

OBJECTS AND REASONS

Part II of the Bill proposes to amend the Employment and Labour

Section 4 is proposed to be amended in order to improve and introduce

Section 14 is proposed to be amended in order to specify the types of

enter into agreements on the best ways to operate during an emergency

Section 33 is proposed to be amended in order to increase the period of

Furthermore, section 40 is proposed to be amended in order to specify

Section 71 is proposed to be amended in order to establish the procedure