By Adv. Angelista Nashon & Daniphord Lukiko
Background
The Parliament recently enacted the Labour Laws (Amendment) Act 2025. This Act amends three key pieces of legislation: the Employment and Labour Relations Act (Cap 366), the Labour Institutions Act (Cap 300), and the Non-Citizens (Employment Regulation) Act (Cap 436). The amendments introduce several changes designed to strengthen workplace employee-employer relationships and improve labour regulations in Tanzania.
The amendments broaden the scope of employee categories protected under the law, now including temporary workers on short-term projects not exceeding twelve months, Graduates working as trainees, non-citizens granted work permits to work in Tanzania and seasonal workers. Previously, these categories were not explicitly covered, leaving these groups of workers vulnerable.
New provisions address situations where an infectious disease outbreak or other emergency may affect employee safety. The law requires employers and employees to agree on a resolution. If a consensus cannot be reached, either party may refer the matter to the Commission for Mediation and Arbitration (CMA) for resolution. These provisions address challenges highlighted by the Coronavirus outbreak in 2019, which significantly disrupted the employment sector.
The amendments provide specific provisions for employees who give birth to premature infants, entitling them to maternity leave for up to forty-five weeks within a leave cycle. Employees may also submit a written request for an additional 30 days of unpaid leave, although the employer is not obligated to grant this request.
The amendments clarify the process for awarding compensation in cases of unfair dismissal. The law now provides a defined compensation structure based on the reason for termination. For example, if termination is deemed unfair due to procedural incompliance, the law stipulates a specific compensation amount. The law also provides for compensation where termination is considered unfair based on the reason for termination, or unfair for both procedure and reason. Furthermore, the amendment provides for a compensation structure when termination is unfair for reasons of discrimination or harassment. Before these amendments, the compensation structure was not clearly defined.
The amendments introduce procedural changes to ensure prompt and fair mechanisms for resolving labour disputes in workplaces, at the Commission for Mediation and Arbitration (CMA), and before the Labour Court. For example, the Act now mandates that the CMA issue a ruling within 60 days of receiving a dispute.
Furthermore, the amendments to the Labour Institutions Act strengthen the administrative structure of labour law compliance. These structural administrative changes seek to ensure effective compliance with workplace standards, protecting employee rights while maintaining a balance of interests between employers and employees.
Disclaimer
This article is not intended to replace professional advice. No one should rely exclusively on the information provided as a substitute for seeking professional advice. The writers or the Firm are not liable for any use of the information contained herein and do not guarantee the accuracy of its contents from the date of publication to the date of usage. For contact: angelista@africorp.co.tz or info@africorp.co.tz
AfriCorp Attorneys
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Dar es Salaam, Tanzania
