New Labour Regulations 2017

New labour law Regulations were gazetted and came into effect on 24 February 2017:

Employment And Labour Relations (General) Regulations 2017  (GN 47 2017)

Key areas:

1. Child Labour Prohibition.
2. Employment Standards and Trade Unions matters.
3. Employment Standards with new requirements:

Noteworthy provisions:

• Regulation 11 – a contract for specified period for professionals and managerial cadre shall not be for a period of less than 12 months.
• Regulation 12 – statement of employees’ rights to be set out in manner prescribed in Form LAIF 9 which has been provided in the 2^nd Schedule.
• Regulation 14(2) – employer shall ensure that no employee is continuously working in any leave cycle without applying for annual leave.
• Regulation 15 – female employees to be allowed for a period not less than 6 consecutive months after maternity leave to leave office to breast feed for a maximum of 2 hours during working hours.
• Regulation 35 – offence for contravention of the provisions and upon conviction liable to a fine not exceeding TZS 1,000,000 or imprisonment for 1 year or both.
• Regulation 40 – grievances procedures prescribed in the schedule to the Employment and Labour Relations (Code of Good Practice) Rules 2007 to be included in the workplace employment policy, practice, rules or regulations and be displayed in a conspicuous place. Employer to ensure employees aware and sensitised of the grievances procedure.
• Regulation 41 – Employment and Labour Relations (Forms) Rules 2007 are revoked and new Forms appear in the Schedules.

Labour Institutions (General) Regulations 2017 (GN 45 2017)

Key areas:

1. Appointment of members to:
   • Labour, Economic and Social Council.
   • Commission for Mediation and Arbitration.
   • Wage Boards.
2. Wage Board consultation.
3. Wage Order Review.
4. Compliance Certification.

Noteworthy provisions:

• Regulation 8 – Wage Order shall be reviewed within 3 years from the date of issue and shall provide for a more favourable wage, allowances, terms and conditions of employment to be negotiated annually between employer and employees at workplace or at any level in the respective organisation.
• Regulation 9 – on outsource requirement whereby inter alia (a) outsource of service from another person shall be in a written contract committing compliance to labour laws or any other written laws and (b) different treatment of employee for the work of equal value outsourced from a different sources or arrangement shall be deemed discrimination in accordance with ELRA.
• Regulation 10 – Labour Officers to assess employer’s compliance or non compliance to labour laws in accordance with the checklist set out in Schedule (LAIF 3 Form) and to issue certificates of compliance/non compliance. Such certificates to be displayed in a conspicuous place.