Employment
The Employment and Labour Relations Act 2004, with the CMA as gateway
The 2004 Act governs employment on the mainland, requiring valid reason and fair procedure for termination. Disputes must first go to the Commission for Mediation and Arbitration, whose awards are enforceable and reviewable by the Labour Division of the High Court.
Key rules
- Jurisdiction — The Commission for Mediation and Arbitration hears disputes at first instance; the Labour Division of the High Court reviews awards.
- Deadline — CMA referral for unfair termination: within 30 days of termination
- Deadline — Probation: six months, during which termination rights are limited
- Deadline — Notice: 28 days for monthly-paid employees
Governing law
- Employment and Labour Relations Act, 2004No. 6 of 2004
- Labour Institutions Act, 2004No. 7 of 2004
- Zanzibar Employment Act, 2005 — Zanzibar
In practice
The 30-day limit for referring an unfair termination to the CMA is unusually short and is the most common reason Tanzanian dismissal claims fail. The Act also reversed the burden of proof: the employer must show both a valid reason and a fair procedure, and failure on either limb makes the termination unfair.