CHAPTER 366
EMPLOYMENT ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title and application.

   2.   Interpretation.

PART II
LABOUR ADVISORY BOARDS

   3.   Establishment of Labour Advisory Board.

   4.   Duties of Labour Advisory Board.

PART III
APPOINTMENT, POWERS AND DUTIES OF OFFICERS

   5.   Appointment of officers.

   6.   Delegation by Labour Commissioner.

   7.   Labour Commissioner may call for returns

   8.   Institution of proceedings.

   9.   Powers of officers.

   10.   Appeal.

   11.   Duties of officers.

   12.   Offence to delay or obstruct officer.

PART IV
CONTRACTS OF SERVICE GENERALLY

   13.   Employment to be in accordance with this Act.

   14.   Existing contracts to continue in force.

   15.   Freedom of association of employees.

   16.   Contracts of service, oral and written.

   17.   Duty of employer to provide work.

   18.   Contract expiring on journey may be prolonged.

   19.   Change of residence of employer.

   20.   Employee not bound to accompany employer outside the country.

   21.   Rights of employee on removal.

   22.   Contract of service to cease one month after death or insolvency of employer.

   23.   Penurious employers.

   24.   Death of employee.

   25.   Death of an employee where contract includes family.

   26.   Wages during imprisonment or lawful custody.

   27.   Annual leave and public holidays.

   28.   Maternity leave.

   29.   Construction of "full pay".

   30.   Weekly rest day.

PART V
ORAL CONTRACTS OF SERVICE

   31.   Application.

   32.   Contracts not required to be in writing.

   33.   Commencement within one month.

   34.   Presumptions as to periods of oral contracts.

   35.   Presumption as to new contracts.

   36.   Termination by notice.

   37.   Termination by payment.

   38.   Certain contracts to take effect as monthly contracts.

   39.   Contracts for task and piece work to take effect as monthly contracts.

   40.   Record of oral contracts.

   41.   Wages, when due

   42.   Summary dismissal.

   43.   Right to wages on dismissal for lawful cause.

   44.   Quantum meruit.

   45.   [Repealed.]

PART Vl
WRITTEN CONTRACTS

   46.   Application and interpretation.

   47.   Certain contracts to be in writing.

   48.   Family not bound by contract.

   49.   Form and contents of contract.

   50.   Attestation of contracts.

   51.   Deposit of wages, deferment of payment and deductions.

   52.   Medical examination.

   53.   Contracts by children and young persons.

   54.   Operation of contracts for a number of tickets.

   55.   Period of service.

   56.   Transfer to other employer.

   57.   Termination of contract by expiry of the term of service or by death.

   58.   Termination of contract in other circumstances.

   59.   Repatriation.

   60.   Exemption from obligation to repatriate.

   61.   Employer to provide transport on repatriation.

   62.   Period of service on re-engagement.

   63.   Summary of the Act to be brought to notice of employees.

   64.   Foreign contracts of service and contracts made abroad.

   65.   Security by employer.

   66.   Penalty for inducing persons to proceed abroad under informal contract.

   67.   Continued employment under oral contract.

PART VII
PROTECTION OF WAGES

   68.   Wages to be paid in legal tender.

   69.   Agreement as to place and manner of spending wages illegal.

   70.   Deductions.

   71.   Deduction from wages for tax, contribution to provident funds, loss, damage, etc., authorised.

   72.   Remuneration other than wages.

   73.   Wages not to be paid in any shop, store or canteen.

   74.   Authority of employer to open shop.

   75.   Advance of wages.

   76.   Interest on advances prohibited.

   77.   Security from employer.

   78.   Priority of wages and severance allowance.

   79.   Books to be kept by employers.

   80.   Exemption of employer on conviction of actual offender.

   81.   Power of court to order payment to employee.

PART VIIl
WOMEN, YOUNG PERSONS AND CHILDREN

   82.   Application.

   83.   Power of the Minister to exempt certain occupations from the provisions of this Part.

   84.   Prohibition of employment of children under the prescribed age.

   85.   Employment of children.

   86.   Restriction on employment of children and young persons.

   87.   Children and young persons not to be employed against the wishes of parent or guardian.

   88.   Restriction on employment of children in industrial undertaking.

   89.   Restriction on employment of children in attendance on machinery.

   90.   Restriction on employment of women and young persons on night work.

   91.   Emergencies.

   92.   Employers of children and young persons to keep registers.

   93.   Restriction on employment of women in mines.

   94.   Maternity protection.

   95.   Restriction on employment of young persons in mines.

   96.-99.   [Repealed.]

   100.   Offences by parents and guardians.

   101.   Presumption of age.

   102.   General penalty for offences against this Part.

   103.   Regulations.

PART IX
CARE AND WELFARE

   104.   Application.

   105.   Housing.

   106.   Employers to establish housing fund.

   107.   Feeding of employees.

   108.   Supply of water.

   109.   Provision of medicine and medical treatment.

   110.   Care of employees on journey.

   111.   Burial of deceased employees and dependants.

   112.   Return of employees to place of engagement.

   113.   Regulations.

PART X
RECRUITMENT

   114.   Prohibition of the business of recruitment of persons for work.

   115.   Minister may regulate recruitment of persons for work.

   116.-129   [Repealed.]

PART Xl
FORCED LABOUR

   130.   Interpretation.

   131.   Exaction of forced labour prohibited.

   132.   No forced labour for private persons.

   133.   Penalty for official constraint.

   134.   Minister's consent necessary for forced labour.

   135.   Minister may delegate powers to impose forced labour.

   136.   Penalty for refusing labour lawfully demanded.

   137.   Wages and compensation.

   138.   Regulations.

PART XIl
REMEDIES, JURISDICTION AND PROCEDURE OF COURTS

   139.   Disputes to be referred to labour officer.

   140.   Procedure where offence disclosed.

   141.   Labour officer to report disputes to court.

   142.   Jurisdiction of magistrate.

   143.   Proceedings subsequent to report to magistrate.

   144.   Magistrate may convert criminal case to a civil suit.

   145.   Arrest of absconding defendant.

   146.   Entry of dock by defendant.

   147.   Husband and wife competent witnesses.

   148.   Joinder in cases of non-payment of wages.

   149.   Criminal and civil procedure.

   150.   Summary procedure.

   151.   Proceedings on appeal.

   152.   Power to feed during hearing.

   153.   Fees and costs of proceedings under this Act.

   154.   Power of subordinate courts.

   155.   Compensation for loss of employer's property.

   156.   Payment of fine or sum to party or person.

   157.   Cancellation of contract.

   158.   Recovery of amounts due to Government.

PART XIII
OFFENCES

   159.   Child not to be punished.

   160.   Offences by employers.

   161.   Offences by employees.

   162.   Penalty for keeping and harbouring employees.

   163.   False pretences.

   164.   Furnishing false information.

   165.   General penalty.

PART XIV
GENERAL PROVISIONS

   166.   Saving of proceedings under other laws.

   167.   Saving as to contracts of service made abroad.

   168.   Saving as to contracts under Act relating to shipping.

   169.   Regulations.

   170.   Application of regulations.

   171.   Rules of Court.

   172.   [Repeal of R.L. Caps. 78, 79, 80, 82 and 171, and saving.]

CHAPTER 366
THE EMPLOYMENT ACT

An Act to consolidate the law relating to labour and to regulate conditions of employment for employers and employees.

[1st February, 1957]

Ords. Nos.
47 of 1955
35 of 1956
10 of 1960
[R.L. Cap. 366]
Acts Nos.
82 of 1962
55 of 1963
16 of 1964
62 of 1964
2 of 1965
24 of 1966
31 of 1966
5 of 1969
17 of 1973
20 of 1975
7 of 1979
25 of 1982
13 of 1991
9 of 1996

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title and application Ords No. 10 of 1960 s. 2; Acts Nos. 82 of 1962 s. 2; 16 of 1964 Sch.; 2 of 1965 Sch.; 24 of 1966 Sch.">

   (1) This Act may be cited as the Employment Act.

   (2) Subject to the provisions of subsection (3) of this section the provisions of this Act shall apply to and be carried into effect by departments of the of Government, district local government authorities and all persons in the employment, and also all persons in the service of the Government in Tanzania in the same manner as if they were private employers or employees, as the case may be:

   Provided that this subsection shall not Second have effect in relation to the following persons–

   (a)   members of the Defence Forces in their employment as such;

   (b)   members of the Police Force;

   (c)   members of the Prison Service; and

   (d)   member of the National Service.

   (3) The Minister may by Order in the Gazette exempt any public authority or class of public authorities or any person or class of persons or any contract or transaction or class of contracts or transactions from the operation of this Act or of any provisions other than section 15 and Part X or of any regulation or order made under the Act.

2.   Interpretation Ord. No. 10 of 1960 s. 3; Acts Nos. 62 of 1964 Third Sch.; 1 of 1975 s. 2">

   In this Act, unless the context otherwise requires–

   "Act" includes any rules, regulations by-laws, proclamations, orders, directions or notices made or issued under the authority of an Act;

   "African" means a person whose tribe is a tribe of the United Republic of Tanzania, the Republic of Kenya, the Republic of Uganda, Zimbabwe, Zambia, Malawi, Sudan, Zaire, Ruanda, Burundi or Mozambique, and includes a Swahili;

   "casual employee" means any employee the terms of whose engagement provide for his payment at the end of each day and who is not engaged for a longer period than twenty-four hours at a time but does not include an employee who is deemed by section 38 to be employed on monthly contract;

   "child" means a person under the apparent age of fifteen years;

   "clerical work" includes work performed by office messengers;

   "commercial undertaking" includes–

   (a)   commercial establishments and offices, including establishments engaging wholly or mainly in the sale, purchase, distribution, insurance, negotiation, loan or administration of goods or services of any kind;

   (b)   establishments for the treatment or care of the aged, infirm, sick, destitute or mentally unfit;

   (c)   hotels, restaurants, boarding houses, clubs, cafes and other refreshment houses;

   (d)   theatres and places of public amusement;

   (e)   establishments for the instruction and care of children or young persons;

   (f)   broadcasting, postal and telecommunication services;

   (g)   film studios;

   (h)   newspaper undertaking; and

   (i)   any establishment similar in character to those enumerated in subparagraphs (a) to (h) above inclusive;

   "contract of service" means any contract, whether in writing or oral, whether expressed or implied, to employ or to service as an employee for any period of time or number of days to be worked, or to execute any task or piece work or to perform any journey and includes a foreign contract of service;

   "contract period" means the period of time or number of days or hours to be worked for which expressly or by implication a contract of service is made;

   "court" means a subordinate Court;

   "domestic servant" includes any person employed either wholly or partly in any of the following capacities, namely cook, house servant, waiter, butler, maid servant, valet, bar attendant, footman, chauffeur, groom, gardener, washerman or watchman;

   "employ" in relation to the person employing, means to use as employer the service of any person under a contract of service;

   "employee" means any person who has entered into or works under a contract of service with an employer whether by way of manual labour, clerical work, or otherwise and whether the contract is expressed or implied or is oral or in writing;

   "employer" means any person, or any firm, corporation or company, public authority or body of persons who or which has entered into a contract of service to employ any person and includes any agent, foreman, manager or factor of such person, firm, corporation, company, public authority or body of persons who is placed in authority over such person employed, and where an employee has entered into a contract of service with the Government or with any officer on behalf of the Government, any Government officer under whom such employee is working shall be deemed to be his employer:

   Provided that no Government officer shall be personally liable under this Act for anything done by him as an officer of the Government in good faith;

   "employment" means the performance by an employee of a contract of service;

   "factory" has the meaning assigned to it in the Factories Act *;

   "family" in relation to an employee or recruited person means the wife or wives and the unmarried children, if any, except adult males, of the employee or recruited person;

   "foreign contract service" means a contract of service made within Tanzania and to be performed wholly or partially outside Tanzania, and any contract of service with a foreign state:

   Provided that a contract of service for the employment of a domestic servant for service in the Kenya, Uganda, Malawi, Zambia or of a sailor on a vessel calling only at the parts of the United Republic of Tanzania, Kenya and Uganda shall not be deemed to be a foreign service contract of service;

   "Government officer" means an officer of the Government of Tanzania;

   "Guardian" includes any person lawfully having charge of a child or young person who has no parents or whose parents are unknown and any person to whose care any child or young person has been committed, even temporarily, by a person having authority over him;

   "health inspector" means a health inspector in the service of the Government;

   "industrial undertaking" means–

   (a)   mines, factories, reduction mills and other works for the winning, treatment or extraction of minerals from the earth, sea, rivers or inland waters;

   (b)   industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed, including ship building, and the generation, transformation and transmission of electricity and motive power of any kind;

   (c)   the construction, reconstruction, maintenance, repair, alteration or demolition of any building, railway, tramway, harbour, dock, pier, canal, inland waterway, road, tunnel, bridge, dam, viaduct, sewer, drain, well, telegraphic or telephonic installation, electrical undertaking, gas work, water work, or other work of construction as well as the preparation for, or laying the foundations of, any such work or structure;

   (d)   the transport of passengers or goods by air, road, rail or inland waterway including the handling of goods at docks, quays, wharves and warehouses, but excluding transport by hand;

   (e)   any other type of undertaking which may be prescribed;

   "intoxicating liquor" has the meaning assigned to it in the Intoxicating Liquors Act *;

   "Labour Advisory Board " means the Advisory Board established under section 3;

   "Labour Commissioner" means any person appointed by the President to be or to act in the capacity of Labour Commissioner;

   "Labour inspector" means a senior labour inspector or labour inspector in the service of the Government;

   "Labour officer" includes the Deputy Labour Commissioner, an Assistant Labour Commissioner, a Senior Labour Officer and any person appointed by the President to be a labour officer;

   "local authority" includes county council, municipal council, town council, local council, township authority and minor settlement authority;

   "medical officer" means any medical officer in the service of Government or any other registered or licensed medical practitioner appointed by the Director of Medical Services to be a medical officer for the purposes of this Act;

   "mine" includes any undertaking, whether public or private, for the winning treatment or extraction of minerals from the earth, sea, rivers or inland waters;

   "mineral" means all mineral substances including mineral oils;

   "Minister" means the Minister responsible for labour matters;

   "month" means a calendar month, or a period commencing on any date in a calendar month and expiring on the day preceding the corresponding date in the succeeding calendar month;

   "piece work" means any work the pay for which is estimated by the amount of work performed irrespective of the time occupied in its performance;

   "prescribed" means prescribed by regulations made under this Act;

   "private recruiter" means–

   (a)   any employer who, either himself or through a person in his regular and exclusive employment, recruits for his own purposes;

   (b)   the authorised representative of any employer who, either himself or through a person in the regular and exclusive employment of such employer, recruits for the purposes of such employer; and

   (c)   any public officer who in the course of his duties recruits for the purposes of any public authority, and includes any organisation of employers which may be established for the purpose of recruiting labour for such employers;

   "professional recruiter" means a person who carries on for profit the business of recruiting or of forwarding persons to places of employment;

   "proper authority" means the Labour Commissioner or any other person or persons appointed by the President for the carrying into effect of this Act or any Part or provision or any regulations made under this Act;

   "public authority" includes a department of Government, a local district authority; and a village authority;

   "public officer" includes a Government officer, an officer of a local government authority and an officer of a village authority;

   "recruit" means to obtain or supply or attempt to obtain or supply the labour of persons who do not spontaneously offer their services at the places of employment or at an office established by Government or by an employers' organisation with the approval of the Labour Commissioner for the purpose of receiving applications for employment, and "recruiter" and "recruiting" means respectively a person who undertakes operations with that object in view and any operations so undertaken;

   "sanitary inspector" means a sanitary inspector in the service of the Government;

   "ship" includes any vessel or boat, of any nature whatsoever, engaged in navigation, whether publicly or privately owned, but does not include a ship of war;

   "task" means such amount of work as in any area is customarily performed in the trade, industry occupation or undertaking concerned in an ordinary working day;

   "week" means any period of seven consecutive days;

   "woman" means a female of the apparent age of eighteen years or upwards; authorised in accordance with this Act to recruit on behalf of his employer, but who does not receive any remuneration or other advantage for such recruiting in addition to his normal wage and out of pocket expenses;

   "written contract" means a contract of service which, under the provisions of Part Vl of this Act, is required to be made in writing;

   "young person" means a person of or over the apparent age of fifteen but under the apparent age of eighteen years.

PART lI
LABOUR ADVISORY BOARDS (ss 3-4)

3.   Establishment of Labour Advisory Board

   (1) There shall be established a Board to be known as the Labour Advisory Board which shall consist of such public officers and representative of employers and employees and other persons as the Minister for Labour may, by notice published in the Gazette, appoint.

   (2) Any appointments made under subsection (1) shall be for a duration as may be specified by the Minister and in addition to the members appointed, the Minister may appoint such person or persons as he may think fit to act for any period as a member or members of the Board.

4.   Duties of Labour Advisory Board

   The Labour Advisory Board shall consider and advise the Minister upon any matter concerning which advice is required under this Act and upon any other matters affecting employment as may be referred to the Board by the Minister and shall exercise and perform such other powers and duties in a manner and subject to such conditions as the Minister may, by order published in the Gazette, direct.

PART III
APPOINTMENT, POWERS AND DUTIES OF OFFICERS (ss 5-12)

5.   Appointment of officers

   The President may appoint a Labour Commissioner and such other officers as may be necessary for the purposes of the administration of this Act.

6.   Delegation by Labour Commissioner

   The Labour Commissioner may with the consent of the Minister delegate in writing to any person the exercise of any of his powers and the performance of any of his duties either in the Tanzania as a whole or in any part in relation to any matter or matter or thing provided for by this Act.

7.   Labour Commissioner may call for returns

   In addition to any other powers conferred upon him under the provisions of this Act the Labour Commissioner may, with the consent of the Minister by notice in writing, require any employer to furnish in writing returns and statistics, whether periodical or otherwise, as to the number of employees employed by him in any particular employment and the rates of remuneration and the conditions generally affecting such employment.

8.   Institution of proceedings

   The Labour Commissioner or any labour officer may institute proceedings in respect of any contravention of any of the provisions of this Act or any regulations made and may prosecute and appear in his own name in respect of such proceedings.

9.   Power of officers

   (1) The provisions of this section shall be in addition to and not in derogation of any other powers or duties conferred or imposed upon any person by the provisions of this Act.

   (2) For the purpose of satisfying himself that the provisions of this Act are being duly observed–

   (a)   the Labour Commissioner, any labour officer, medical officer, health inspector, labour inspector or sanitary inspector may at all reasonable times–

      (i)   enter, inspect and examine any land, building, camp, wharf, vessel or vehicle, or any place, structure or article whatsoever where or about which any employee is housed or employed or there is reason to believe that any employee is housed or employed;

      (ii)   enter, inspect and examine any hospital or dispensary, or any latrines or other sanitary arrangements used or intended to be used by employees in any place or building or any water supply available for the use of employees, and take samples from the said water supply, and inquire and ascertain whether in any hospital, dispensary or place of employment suitable medicines and remedies are provided for the use of employees;

      (iii)   inspect and examine kitchens and places in which food provided for the use of employees is stored, prepared or eaten, and inspect, examine and take samples of all food, and for this purpose have the same powers as are conferred upon a sampling officer by sections 22, 37, 40 and 41 of the Food (Control of Quality) Act *;

       (iv)   require any employer to produce any employee employed by him and any documents or records relating to the employment of such employee;

       (v)   inquire from any employer or any person acting on his behalf regarding any matters connected with the carrying out of any of the provisions of this Act:

         Provided that–

      (a)   the Labour Commissioner, officer or inspector as the case may be, shall not enter or inspect a private dwelling house without the consent of the occupier;

      (b)   on the occasion of a visit or inspection, the Labour Commissioner, officer or inspector, as the case may be, shall notify the employer or his representative of his presence, unless he has reasonable grounds for believing that such notification may be prejudicial to the performance of his duties; and

      (c)   in the case of any labour inspector or sanitary inspector, the powers conferred by subparagraphs (i), (ii), (iii), (iv) and (v) of this paragraph shall not be exercised unless the inspector–

         (i)   has been previously authorised in writing by the Labour Commissioner, or a labour officer, or medical officer, or health inspector to carry out such inspection or examination;

         (ii)   if so required by the employer, is accompanied during such inspection or examination by the employer or his representative;

   (b)   the Labour Commissioner, any labour officer, medical officer or health inspector may at all reasonable times–

      (i)   inspect and take samples of and require any additional or replacements to be made to any drugs or dressings provided for the use or benefit of employees under the provisions of any Act or contract of service,and for this purpose have the same powers as are conferred upon a sampling officer by sections 22, 37, 40 and 41 of the Food (Control of Quality) Act *;

      (ii)   enter upon any land or into any camp or building used by or on behalf of any recruiter or employer for the purpose of housing or feeding any recruited person in the course of the recruitment of such person or the forwarding of him to the place where he is to be employed or the returning of him to the place of his recruitment;

      (iii)   inspect food, and sanitary, housing, cooking and medical arrangements in the said camps and building;

      (iv)   inspect and take samples of water provided for consumption by employees or recruited persons and for this purpose have the same powers as are conferred upon a sampling officer by sections 22, 37, 40 and 41 of the Food (Control of Quality) Act *;

   (c)   the Labour Commissioner or any labour officer may–

      (i)   at all reasonable times request any recruiter or person engaged in recruiting or seeking to recruit any person to produce any recruited person and any document relating to the engagement or recruitment of such persons;

      (ii)   at all reasonable times demand of any recruiter or person engaged in recruiting or seeking to recruit any person the production of any licence or permit issued under this Act;

      (iii)   require all rooms, stores, places and premises in any camp or building used by or on behalf of any employer or recruiter to be kept in a clean and sanitary condition;

      (iv)   require any person, who in his opinion or that of a medical officer is sick and for whom the conditions prevailing at any place of employment or recruiter's camp are not conducive to the rapid recovery of his health or strength, to return to the place of his engagement, or to proceed to a hospital, and require the employer or recruiter at the earliest opportunity and at his own expense to send such person to the place of his engagement or to a hospital;

      (v)   if in the opinion of the Labour Commissioner or the officer concerned any land, building, camp, wharf, vessel, vehicle or any place, structure or article where or about which any employee or recruited person is living or any employee is employed or which is provided for the use of any such employee or person is insanitary or is in such condition as to be dangerous to health or unfit for occupation or use by such employee or person, the Labour Commissioner or the officer concerned may in writing direct the person for the time being responsible for the management of the same to discontinue such occupation or use from a date to be specified in such direction until such requirements of repair or reconstruction or otherwise as may be specified in the direction have been fulfilled and until the same has been certified by the Labour Commissioner or the officer concerned or any other officer to be fit for further occupation or use;

       (vi)   copy or make extracts from any document or records in the possession of any employer which relates to any employee;

   (d)   the Labour Commissioner may prohibit the engagement of further employees to be employed at any place of employment where he is satisfied that the conditions do not comply with the requirements of this Act or any regulations made under concerning the care and welfare of employees.

10.   Appeal Ord. No. 10 of 1960 s. 5">

   (1) Where under subsection (2) of section 9, the Labour Commissioner or any    labour officer gives any direction under subparagraph (v) of paragraph (e), or the Labour Commissioner makes any prohibition under paragraph (f), the person to whom any direction or prohibition is addressed, if he is of the opinion that the terms of such direction or prohibition are harsh or unreasonable, or that the requirements of the direction cannot be carried out within a reasonable time, may, after giving notice to the labour officer concerned or to the Labour Commissioner, appeal to the Minister who may uphold, rescind or vary such direction or prohibition. Any direction or prohibition so appealed from shall remain in abeyance until the appeal is determined by the Minister.

   (2) Every such appeal shall reach the Minister not later than thirty days from the date on which the direction or prohibition complained of was communicated to the employer.

11.   Duties of officers

   (1) Subject to such exceptions as may be prescribed, Government officer–

   (a)   shall not have any direct or indirect interest in any undertaking under his supervision;

   (b)   shall not reveal, even after leaving the service, any manufacturing or commercial secrets or working processes which may come to his knowledge in the course of his duties; and

   (c)   shall treat as absolutely confidential the source of any complaint bringing to his notice a defect or breach of legal provisions and shall give no information to the employer representative that a visit of inspection was made in consequence of the receipt of such a complaint.

   (2) Any Government officer who contravenes any of the provisions of subsection (1) of this section commits an offence against this Act and on conviction shall be liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding three months or to both and in the case of a second or subsequent offence to a fine not exceeding six months or to both.

12.   Offence to delay or obstruct officer

   Every person who wilfully delays or obstructs the Labour Commissioner or any labour officer, medical officer, health inspector, labour inspector or sanitary inspector while such officer or inspector is exercising any power or performing any duty conferred or imposed by this Part or who fails to comply with any direction, requirement, request demand or inquiry of such officer or inspector made or given in pursuance of any powers conferred on him by this Part or who conceals or prevents any person from appearing before or being examined by such officer or inspector or who attempts so to conceal or prevent any person commits an offence against this Act.

PART IV
CONTRACTS OF SERVICE GENERALLY (ss 13-30)

13.   Employment to be in accordance with this Act

   No person shall employ any person and no person shall be employed under any contract of service except in accordance with the provisions of this Act.

14.   Existing contracts to continue in force Ord. No. 10 of 1960">

   All contracts of service valid and in force at the commencement of this Act shall continue to be in force after such commencement and to the extent that the same are not in conflict with the provisions of this Act and shall be deemed to be made under this Act and the parties shall be subject to and entitled to the benefit of the provisions of this Act.

15.   Freedom of association of employees Ord No. 10 of 1960 s. 6">

   (1) No employee shall be prohibited from being or becoming a member of any trade union, or other organisation, representing employees, or be subject to any penalty by reason of his membership of such trade union or organisation.

   (2) Any term or condition, whether express or implied, in any contract of service (whether such contract was entered into before or after the enactment of this section) that any employee shall not be or become a member of any trade union, or other organisation, representing employees, shall be void and of no effect.

   (3) In subsections (1) and (2)–

   (a)   "employee" does not include–

      (i)   any person or class of persons prohibited under any law in force from being or becoming a member of any trade union, or

      (ii)   a judge or magistrate, or any member or registrar of the Court of Appeal, the High Court, District Registrar;

   (b)   "trade union" has the meaning assigned to it in section 2 of the Trade Unions Act *.

[s. 14A]

16.   Contracts of service, oral and written

   (1) Contracts of service may be oral or written contracts.

   (2) The provisions of this Part shall, apply, unless the contrary intention appears,to both oral and written contracts.

[s. 15]

17.   Duty of employer to provide work Act No. 82 of 1962 s. 3">

   Every employer shall, unless the employee has broken his contract of service or the contract is frustrated or its performance is prevented by act of God, provide his employee with work in accordance with the contract during the period for which the contract is binding on a number of days equal to the number of working days expressly or impliedly provided for in the contract, and if the employer fails to provide work he shall pay to the employee, in respect of every day on which he shall have so failed, wages at the same rate as if the employee had performed a day's work.

[s. 16]

18.   Contract expiring on journey may be prolonged

   If the contract period in any contract of service expires, or if an employee seeks to terminate any contract of service wherein no agreement is expressed respecting the contract period whilst the employee is engaged in any voyage or journey the employer may, for the purpose of completing such voyage or journey, prolong the contract period as would be sufficient to enable the voyage or journey to be completed:

   Provided that no such contract shall be prolonged pursuant to the provisions of this section for a longer period of time than three months without obtaining the written permission of the Labour Commissioner.

[s. 17]

19.   Change of residence of employer

   Subject to any express or implied agreement to the contrary, no employee shall be bound, in case the employer removes his residence or place of trade or business to a distance more than four miles from the place in which such employee performed his service, to continue to perform his service without his consent, or in the case of a child or a young person, without the consent of his parent or guardian. Such consent shall be deemed to have been given if the employee has, for the period of fourteen days, performed his service at the place to which his employer has moved without any objection from such employee or the parent or guardian of such employee.

[s. 18]

20.   Employee not bound to accompany employer outside the country

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