MHYELLAH LAW EDUCATION CENTRE- MLEC

LABOUR LAW COURSE OUTLINE

1.0 INTRODUCTION TO LABOUR LAW
Introduction
This topic covers the introductory part of the labour/employment law.
The historical background is covered which explains the genesis of the
employment laws in Tanzania. It covers as well the reasons that
necessitated the revocation of old labour legislations and the enactment of
new labour laws in Tanzania. The sources of labour law of Tanzania are also
covered.

2.0 CONTENTS OF EMPLOYMENT CONTRACT,

Introduction
Employment contracts contains terms of employment which in effect
are mutual promises of the parties giving rise to rights and duties. This part
covers the concept of employment contracts as distinguished from any other
type of contract. It also covers the formation of the contract of employment,
forms of such contracts and contents of such contracts, duration of such
contracts, Express and Implied rights and duties of both employer and
employees. Special emphasis is placed upon the employment standards
embedded in these contracts as the reflection of the requirement of the ILO
Conventions on employment and labour standards. In this topic a brief
discussion is based on the Employment contracts under the Employment
and Labour Relations Act, 2004.

3.0 TERMINATION OF THE CONTRACT OF EMPLOYMENT

Introduction
Termination of employment is the end of an employee's duration with
an employer. Depending on the case, the decision may be made by the
employee, the employer, or mutually agreed upon by both. This topic
discusses on the ways in which a contract may be terminated, i.e.
Lawful/fair and unlawful/unfair termination of the contract of employment.
In this regard it focuses on the required procedures for disciplinary,
incompatibility and operational requirement for a justifiable termination of
the contract of employment. To the end the part enlightens learners on the
offences for which warnings may be given and for those which an employee
may be dismissed directly.
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4.0 LABOUR
AND
EMPLOYMENT
DISPUTES
SETTLEMENT
MECHANISM
Normally disputes may arise in any contract for many reasons. This
part deals with the settlement of disputes in as far as employment is
concerned. It should be noted from the beginning that disputes concerning
employment in Tanzania are not simple to handle due to multiplicity of
procedures under different pieces of legislation. What determines the
procedure to be used include, the nature of the dispute as well as the
parties involved. This part covers the procedure of dispute settlement under
the Employment and Labour Relation Act of 2004.

5.0
WORKERS AND EMPLOYERS ASSOCIATIONS
Introduction
This topic deals with the questions of the freedom of association. The
workers have the freedom to associate with other workers through trade
unions while the employers are free to associate with other employers
through employers associations. The topic therefore covers the concept of
the organizations of workers (trade unions) and the organizations of
employers.
6.0 COLLECTIVE BARGAINING
Introduction
The topic covers the issue of collective bargaining as the collective
negotiation of a contract between the managements representatives on one
side and those of the workers on the other. The subject assists learners in
an understanding that a collective bargaining helps in an establishment of
an industrial peace without disrupting either the existing arrangements or
production activities. Thus collective bargaining essentially signifies mutual
discussions and negotiations undertaken by organizations of workers and
employers collectively that generally culminate into an agreement known
variously as a labour contract union contract or collective agreement.
7.0 INDUSTRIAL RELATIONS IN TANZANIA: STRIKES AND
LOCKOUT
Introduction
When the workers fail to secure a solution to their grievances and
fulfillment of their demands by peaceful negotiations with the employer,
they try to force the employer to come to a settlement by temporarily
withdrawing their services in the form of a strike. Principally, the term
industrial disputes/collective disputes refer to the employment disputes
involving more than one employee. However, it should be noted that in the
Tanzanian context, the term industrial disputes under certain
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circumstances, includes disputes involving a single employee. That is to say

in Tanzania a single employee can institute a trade dispute if he is certified
by a labour officer to be a management employee.
8.0 SOCIAL SECURITY LAWS IN TANZANIA
Introduction
In this topic social security as an important aspect in employment
law is discussed. This covers the issues of the welfare and subsistence of an
employee at the time when the employment comes to an end or is interfered
by any contingency. Such contingencies range from the attainment of
old/retirement age, the contacting of a disease; to the occurrence of an
accident to mention but a few. The topic therefore deals with the principles
of the traditional as well as modern social security schemes albeit in short.
The Workmens Compensation Schemes are discussed together with the
pensions schemes, provident schemes as well as the national health
insurance schemes.
9.0 INTERNATIONAL ASPECTS OF LABOUR LAW
Introduction
This topic deals with the international standards as set by the ILO.
This part covers the forms, importance and enforcement of the ILO
standards. Every member of the UN is supposed to adhere to the ILO
standards in formulating its labour legislation and institutions for its
enforcement.