74
74
Reasonable Access to
Decent Work
60
80
40
25
80
100
80
100
100
75
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | No | 0 | §23 of the Constitution, 1977; §37 & 64(2) of the Labour Institutions Act 2004 |
| Does the law require regular payment of wages? | Yes | 1 | §26-27 of the Employment and Labour Relations Act, 2004 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | Yes | 1 | §19 of Employment and Labour Relations Act 2004 |
| Does the law require additional compensation for working on a weekly rest day? | No | 0 | §24 & 25 of Employment and Labour Relations Act, 2004; §7 of the Wages Order 2010 |
| Does the law require additional compensation for night work? | Yes | 1 | §20(4) of Employment and Labour Relations Act, 2004 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general working hours as 48 hours or lower? | Yes | 1 | §17-22 of Employment and Labour Relations Act, 2004 |
| Does the law restrict maximum working hours including overtime to 56 hours per week? | No | 0 | §19 of Employment and Labour Relations Act 2004 |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §17, 23 (1 & 2), 24 of Employment and Labour Relations Act, 2004 |
| Does the law require paid public holidays? | Yes | 1 | Public Holidays Ordinance,1966 |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §29-31of Employment and Labour Relations Act, 2004; §6 of the Employment and Labour Laws (Miscellaneous Amendments) Act, 2015 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | Yes | 1 | §14-16 of Employment and Labour Relations Act, 2004 |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §14 of the Employment and Labour Relations Act, 2004; §197 & 200 of the Law of Contract Act CAP 345 of 1961 |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | No | 0 | § 35 of Employment and Labour Relations Act, 2004 |
| Does the law require a 30-day notice before contract termination? | Yes | 1 | § 36-41 of Employment and Labour Relations Act, 2004 |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | No | 0 | §42 of Employment and Labour Relations Act, 2004 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | No applicable legal provisions could be located |
| Does the law require at least one week of paid paternity leave for fathers? | No | 0 | §34 of Employment and Labour Relations Act, 2004; ISSA Country Profile for Tanzania |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid nursing breaks? | Yes | 1 | §33 of Employment and Labour Relations Act, 2004 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | Yes | 1 | §7 of Employment and Labour Relations Act, 2004 |
| Does the law require paid maternity leave of at least 14 weeks? | No | 0 | §33 of Employment and Labour Relations Act, 2004 |
| Does the law require cash maternity benefit be at least 67% of a worker's former wage? | Yes | 1 | §33 of Employment and Labour Relations Act, 2004, § 45(b) of the National Social Security Fund Act 1997; ISSA Country Profile for Tanzania |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | Yes | 1 | §33 of Employment and Labour Relations Act, 2004, § 45(b) of the National Social Security Fund Act 1997; ISSA Country Profile for Tanzania |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §37(3b) of Employment and Labour Relations Act, 2004 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §62, 63, 67(6) & 94 of Occupational Health and Safety Act, 2003 |
| Does the law require the employer to train workers on health and safety issues? | Yes | 1 | § 34 & 95 of Occupational Health and Safety Act, 2003 |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | § 33(5 & 9) of Employment and Labour Relations Act, 2004 |
| Does the law provide for employment injury benefit? | Yes | 1 | § 39-40 of the National Social Security Fund Act 1997; ISSA Country Profile for Tanzania |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | §23-27 of the National Social Security Fund Act 1997; ISSA Country Profile for Tanzania |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | § 33-36 of the National Social Security Fund Act 1997 ; ISSA Country Profile for Tanzania |
| Does the law provide for unemployment benefit? | Yes | 1 | National Social Security Fund Act 1997 |
| Does the law require paid sick leave for the first 6 months of sickness? | No | 0 | No applicable legal provisions could be located |
| Does the law provide for invalidity benefit? | Yes | 1 | §28-32 of the National Social Security Fund Act 1997; ISSA Country Profile for Tanzania |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | Yes | 1 | §12-13 & 23 of the Constitution, 1977; §7(10) of the Employment and Labour Relations Act, 2004 |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §7, 40, 102 of the Employment and Labour Relations Act, 2004; §138(D) of the Penal Code 1945 |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §13 of the Constitution, 1977; §7 & 102 (3) of the National Employment Promotion Services Act 1999 |
| Does the law allow women to do the same jobs as men? | Yes | 1 | No restrictive legal provisions could be located |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | National Social Security Fund Act 1997; ISSA Country Profile for Tanzania |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §5, Employment and Labour Relations Act 2004; §77 of the Law of the Child Act, 2009 |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §35 of the National Education Act, 1978 |
| Does the law prohibit the employment of children in hazardous work under the age of 18 years? | Yes | 1 | §5(3), Employment and labour Relations Act 2004; §77-86, Law of the Child Employment Act, 2009 |
| Does the law prohibit forced labour? | Yes | 1 | §6 of the Employment and Labour Relations Act 2004, §80 of the Law of the Child Act 2009 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §20, Constitution 1977; §9, 45-50 & 61, Employment and Labour Relations Act 2004 |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §66-74 of the Employment and Labour Relations Act, 2004 |
| Does the law provide for the right to strike? | No | 0 | §20 of the Constitution, 1977; §76(3) of the Employment and Labour Relations Act, 2004 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | Yes | 1 | §76(3), Employment and Labour Relations Act 2004 |
