labour law Acts in different periods

The 1961-2004

A number of piece of legislation existed during this phase

            The Employment Ordinance no 47 of 1955 Cap 366; this was an act to consolidate the law relating to labour and to regulate conditions of employment for employers and employees. It was also renamed to the Employment Act in 2002 it dealt with all substantive and procedural matters concerning employment relations.

            The Security of Employment Act No. 62 of 1964 Cap 387; this was an act to provide for the establishment of workers committees in certain businesses and undertakings, to restrict the powers of employers, businesses and employees summarily and otherwise in relation to the discipline of employees, to provide for the payment of additional compensation on the occasion of the termination of employment except in specified circumstances. It was the first labour legislation to be legislated by the union parliament. In a nutshell it provided for security of employment for workers, by limiting the powers of employers to dismiss employees at their will which more or less the colonial legacy.

            The Industrial Court of Tanzania Act No 41 of 1967 Cap 60 (The Permanent Labour Tribunal Act); this was an act to establish an Industrial Court of Tanzania and to make provision for the settlement of trade dispute by negotiation, conciliation and reference to the Industrial Court and to provide for related matters. These disputes concerned conditions of work, terms of employment.

            The Union Act No.10 of 1998 Cap 244; this was a piece of legislation to curter for trade unions. These were defined to mean association of either employers or employees.

            Severance Allowance Act No.57 of 1962 Cap 386; the preamble to this Act provided that this was an Act to provide for the payment of allowances to employees on the termination of their employment in certain circumstances.

The Phase from 2004- to date:

This phase consist of the new Labour legislation namely;

            The Employment and Labour Relations Act No.6 of 2004; it is the legislation to make provisions for core labour rights,  to establish basic employment standards, to provide for framework for collective bargaining, prove for the prevention and settlement of dispute and to provide for related matters. It repeals all other old labour laws as provide for by the 2^nd schedule to the act that is made under section 103 of the Act.

The Labour Institution Act No.7 of 2004; this Act is enacted to establish the labour institution and provide for the functions, powers and duties of institute ions these instutions includes the Commission for Mediation and Arbitration (CMA) and the Labour Court which are established by part III and VII of the LIA respectively.

Apart from these principle legislations these are rules that are enacted to apply with these principle legislations these rules are;

            The Employment and Labour Relations (Code of Good Practice) Rules, 2007; these rules are made under section 99(1) of ELRA. These rules to provide for standard of both the employers the employees and the organization, mediators, arbitrators, judges, assessors and government officials.

            The Employment and Labour Relations (Forms), Rules, 2007, GN 65, of 23^rd March 2007; these forms are made under section 48, 50, 52, 61, 64, 67, 86 and 98 of Act No 6 of 2004. these are forms used for various purposes such as the process of dispute settlement. They are standard forms that are aimed at simplifying the procedures.

            The Labour Institution (Ethics and Code of Conduct for Mediators and Arbitrators), Rules, 2007, GN no. 66 of 23^rd March 2007; these are made under section 15(1)(g) and 19(4) of Act no. 7 of 2004. these provide for ethics to be abided by mediators and arbitrators in the conduct of their duties.

            The Labour Institution (Mediators and Arbitrators Guidelines), Rules, 2007, GN no.67 of 23^rd March 2007. These guidelines are made under section 15(1)(f) of Act No 6 of 2004, these are aimed at helping arbitrators and mediators in the exercise of their functions and powers.