If the employee continues to work beyond the end date of the contract, but the contract is not officially renewed, there is an “implied agreement” that the end date has changed and the employer must still give reasonable notice. Employers in Tanzania sometimes require potential employees to undergo a medical examination before accepting a job offer or before the job takes effect. Employers` practice of forcing hired workers to undergo medical examinations is arbitrary, disproportionate and violates well-known principles of data protection and the constitutional right to privacy. These include a number of issues such as health and safety, different types of holidays, freedom of association, the minimum wage supplement. Other employment rights include contract of service, certificate of employment upon termination, overtime, right to return to a workplace upon termination of employment, etc. There are mainly three types of contracts under which you can be employed, namely: There are three main types of employment contracts: open-ended contracts, fixed-term contracts and on-call contracts. Yes. Under paragraph 14(1)(b), a contract is intended for a certain period of time for professionals and employees in senior positions. However, this provision is often deplored because you cannot employ someone who is not a professional on the same basis. The law states that they must be contractually engaged for a specific task or for a period / contract of indefinite duration. Oral contracts are permitted; However, an employee must receive a written statement containing the conditions listed above.
However, it is not recommended to conclude an oral employment contract, because in the event of legal proceedings, the burden of proof or refutation of an alleged working time lies with the employer. If an employer does not provide an employment contract or written statement, he will not prove a clause it contains and the dispute could be decided against him. It is therefore very important to provide an employee with a written contract or at least a written statement. Although it is not required by law, it can be beneficial to put the entire employment contract in writing for two main reasons: There are several methods for an employer to recruit their team members based on the requirements of the position. If the employer plans to expand its operations abroad, it can either have its own recruitment team or use a HBP. EOR solutions such as Skuad help manage employee payroll while complying with all labor and tax laws. In most fixed-term contracts, employers forget to include a clause on the renewal or non-renewal of the contract. The decision whether or not to include such a provision in a fixed-term contract must be carefully considered, as the decision has two-way consequences. The Act provides that termination of employment includes: “failure to renew a fixed-term contract on the same or similar terms if there was a reasonable expectation of renewal.” From the above provision, it should be noted that non-managerial or qualified employees can only be employed if they use either a contract for an indefinite period or a contract for a specific task. It is not permitted to employ these employees on a fixed-term contract, as this type of contract applies to specialists and managers. This means that if an employer gives him a fixed-term contract and decides to let it end at the end of its duration, and if the employee protests, the employer runs the risk of finding that he wrongly terminated the employee`s employment relationship because the fixed-term contract can be considered a contract of indefinite duration.
Most people enjoy their occupation, even if they don`t like it. Income needs are what keep them in their jobs, most employers also loved their employees and even if the employee did their job perfectly, it does not necessarily mean that the employer wants to keep that employee in their job for life. Sometimes other employees are not productive, or they stop being productive, or the employee wants to retire for a better job to mention another employer. It is that when employers want to fire such an employee, they bring so much conflict. The following are the legislative means to protect both employers and employees from these disputes, and therefore the following discussion sets out the guidelines by which an appropriate termination of the employment relationship can be exercised. If an employer wants to protect confidential business information, such as salaries or intellectual property, from disclosure to the public or competitors. The employer must then clearly indicate to employees the confidential nature of the organization at the time of recruitment and include a confidentiality clause in the letter of employment. In addition, an employer may have a confidential policy that employees must sign as part of their employment. In Tanzania, some court decisions favour this position, while many others prefer to provide for the usual remedies in cases of unfair dismissal if the employee on a fixed-term contract has worked for the same employer for more than six months. In the United Kingdom, the law favours the first position. The United Kingdom went further and distinguished between fixed-term contracts (non-terminable) and other fixed-term contracts (with a termination clause). Workers on zero-hour contracts are still entitled to certain statutory rights, including the legal minimum duration of paid leave and the national minimum wage/national living wage.
READ MORE: What must be included in an employment contract The highest low-cost marginal tax rate for resident individuals is 30%. Non-resident natural persons are subject to a flat-rate tax of 15% on professional income. To understand how payroll and taxes are handled in Tanzania and to accelerate your expansion, talk to the Skuad experts and book a demo. This section is intended to contribute to the core employment standards set out in the Act, which aims to protect workers` rights and establish the duties and responsibilities of employers. The main functions of labour law are to create equal opportunities, improve the physical and mental well-being and safety of employers and employees in the workplace. Indeterminate employment contracts apply to employees who work regularly and receive a salary or hourly rate. Contracts run until terminated by the employer or employee and may apply to full-time or part-time work. Employees with these contracts are entitled to all statutory labour rights. The Employment and Industrial Relations Act 2004 allows both the employer and the employee to enter into a contract for a certain period.
Article 11 of that law requires a minimum duration of twelve months for a fixed-term employment contract. Again, the fair solution to this violation will be to treat these fixed-term contracts as open-ended contracts and define the rights of the parties accordingly. I also believe that it is illogical and unnecessary to limit fixed-term contracts to specialists and managers only. Other employees should be able to conclude fixed-term contracts. My opinion is the fear of not renewing a fixed-term contract in a way that increases employee performance. The fixed-term contract ends automatically at the end of the period specified in the contract.