CHAPTER 60
INDUSTRIAL COURT OF TANZANIA ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Application.

   3.   Interpretation.

PART II
PROCEDURE FOR SETTLEMENT OF DISPUTES

   4.   Reporting of disputes.

   5.   Submission of agreements to the Labour Commissioner.

   6.   Further reference to the Labour Commissioner.

   7.   Evidence of existence of trade dispute.

   8.   Inquiry into trade dispute and industrial conditions.

   9.   Reference to other bodies.

   10.   Parties to a trade dispute.

PART III
LOCK-OUTS AND STRIKES

   11.   Lock-outs and strikes in conformity with this Act.

   12.   Prohibition against taking part in lock-ins, lock-outs and strikes, etc.

   13.   Offences and penalties for contravention of Parts II or III of the Act.

   14.   Powers of arrest.

   15.   Sanction of Director of Public Prosecutions.

PART IV
THE INDUSTRIAL COURT OF TANZANIA

   16.   Establishment and jurisdiction of the Court.

   17.   Constitution of the Court.

   18.   Zonal centres of the Court.

   19.   Registrar and other staff of the Court.

   20.   Sittings of the Court.

   21.   Selection of assessors and official members.

   22.   Terms of appointment of Chairman, etc.

PART V
PROCEEDINGS BEFORE THE COURT

   23.   Duties and powers of Court.

   24.   Registration of negotiated agreements.

   25.   Awards may be retrospective.

   26.   Publication of awards and date when awards take effect.

   27.   Interpretation of awards, etc.

   28.   Powers of revision and finality of decision and awards of the Court.

   29.   Regulation of proceedings.

   30.   Evidence.

   31.   Right of parties to assistance by advocate and appearance by parties.

   32.   Protection of members of the Court.

   33.   Sittings may be public or private.

   34.   Publication of proceedings.

   35.   Report by Court.

PART VI
SPECIAL PROVISIONS RELATING TO EMPLOYEES OF EAST AFRICAN COMMUNITY AND CORPORATIONS

   36.-39.    [Omitted.]

PART VII
MISCELLANEOUS PROVISIONS

   40.   Non-application of Arbitration Act.

   41.   Voluntary agreements to be registered.

   42.   Production targets and incentive schemes.

   43.   Power to constitute negotiating councils.

   44.   Extension of awards

   45.   Offences by employer.

   46.   Contempt of the Court.

   47.   Summary procedure for contempt of the Court.

   48.   Rules and directions.

   49.-51.   [Repeal of R.L. Cap. 280.]

SCHEDULES

CHAPTER 60
THE INDUSTRIAL COURT OF TANZANIA ACT

An Act to establish an Industrial Court of Tanzania and to make provision for the settlement of trade disputes by negotiation, conciliation and reference to the Industrial Court, and to provide for related matters.

[1st December, 1967]
[s. 1]

Acts Nos.
41 of 1967
31 of 1970
18 of 1977
25 of 1982
3 of 1990
20 of 1991
2 of 1993
14 of 1999
2 of 2000

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title Act No. 3 of 1990 s. 2; G.N. No. 295 of 1995">

   This Act may be cited as the Industrial Court of Tanzania Act.

2.   Application

   (1) Nothing in this Act, other than the Third Schedule, shall apply–

   (a)   to employment or service by or under the Government or in relation to any office or appointment in the employment or service of the Government; or

   (b)   to employment or service in the Public Service or to any office or appointment in the employment or service of an employing authority.

3.   Interpretation Acts Nos. 25 of 1982; 3 of 1990; 2 of 1993 s. 2">

   In this Act, unless the context otherwise requires–

   "award" means an award made by the Court and includes a negotiated agreement or a voluntary agreement which is registered by the Court as an award;

   "Chairman" means the Chairman of the Court appointed under section 17;

   "Court" means the Industrial Court of Tanzania established by section 16;

   "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 officer of such person, firm, corporation, company, authority or body who is placed in authority over all other persons employed by such person, firm, corporation, company, authority or body;

   "lock-out" means the closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him, done in consequence of a trade dispute, not with the intention of finally determining employment, but with a view to compelling those persons, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment;

   "Minister" means the Minister responsible for labour matters;

   "Registrar" means the Registrar of the Court;

   "strike" means the cessation of work by a body of persons employed acting in combination, or a concerted refusal under a common understanding of any number of persons employed to continue to work for an employer, or a concerted interruption of work or performance of work on a go-slow basis by any number of employees, done as a means of compelling their employer or any person or body of persons employed, or to aid other employees in compelling their employer or any person or body of persons employed, to accept or not to accept terms or conditions of or affecting employment;

   "trade dispute" means any dispute between an employer and employees or an employee in the employment of that employer connected with the employment or non-employment or the terms of the employment, or with the conditions of labour of any of those employees or such an employee;

   "union" means a trade union formed or established in accordance with section 2 of the Trade Unions Act *;

   "wages" means remuneration and other benefits payable or accruing to an employee for services rendered under a contract of service;

   "Zonal Labour Officer" means the Regional Labour Officer for the region in which there is established a zonal centre of the Court.

PART II
PROCEDURE FOR SETTLEMENT OF DISPUTES (ss 4-10) Act no. 2 of 1993 s. 2">

4.   Reporting of disputes

   (1) Any trade dispute, whether existing or apprehended, may be reported by or on behalf of employers or employees.

   (2) Subject to subsection (1), a member of a trade union shall first report a trade dispute to the union branch at the place of work within seven days of its occurrence and the union branch shall within fourteen days report the trade dispute to the Labour Officer.

   (3) Where there is no union branch, the trade dispute shall be reported within fourteen days to the District Secretary of the registered trade union or if he is not a member of a trade union or he is the employer, to the District Labour Officer.

   (4) Where under this section a dispute is referred to the union branch or District Secretary of a registered trade union or District Labour Officer, as the case may be, the District Labour Officer or any Labour Officer appointed by the Labour Commissioner shall, within twenty-one days from the date the dispute is reported to him, use his best endeavour to conciliate the parties to the dispute and effect a settlement of the dispute, and may for that purpose make use of any machinery for the settlement of the trade dispute which may exist in the trade or industry or branch thereof in which the dispute has arisen.

   (5) Any settlement effected as provided for in subsection (4) shall be recorded in writing and on being endorsed by the Labour Commissioner shall be known, and referred to in this Act, as a negotiated agreement.

   (6) The Minister may by order published in the Gazette prescribe forms to be used for the purposes of reporting trade disputes.

5.   Submission of agreements to the Labour Commissioner

   (1) The District Labour Officer shall submit every negotiated agreement to the Labour Commissioner.

   (2) On receipt of a negotiated agreement effected under the provisions of section 4, the Labour Commissioner shall transmit the negotiated agreement and the report or any comments which he may wish to make thereon to the Court and the Court shall proceed to consider the same in accordance with the provisions of section 24 of this Act.

   (3) A negotiated agreement shall not be operative or binding upon parties unless it is duly registered by the Court under section 24 of this Act.

6.   Further reference to the Labour Commissioner

   (1) Where a Labour Officer is unable to effect a settlement of the trade dispute, he shall report in writing to the Labour Commissioner within twenty-one days of receiving the dispute.

   (2) On receipt of a report, the Labour Commissioner or any Labour Officer authorised by him in that behalf shall, within twenty-one days from the date the dispute is duly reported to him, transmit the dispute and any comments which he may wish to make thereon to the Court.

   (3) Where a trade dispute has been referred to the Court under the provisions of subsection (2) of this section, the Court shall proceed to consider the dispute and make an award thereon in accordance with the provisions of Part V.

7.   Evidence of existence of trade dispute

   In any proceeding under, or for an offence against this Act, a certificate purporting to be under the hand of the Labour Commissioner or the District Labour Officer as to whether a trade dispute has been reported to him or not, or whether a trade dispute has been reported to the Court, shall be admissible without further proof as evidence of the facts stated therein.

8.   Inquiry into trade dispute and industrial conditions

   The Labour Commissioner may, where any trade dispute exists or is apprehended, whether or not the trade dispute is referred to him under the provision of this Act–

   (a)   inquire into the cause and circumstances of the dispute and refer to the Court any matter appearing to him to be connected with or relevant to the dispute;

   (b)   refer to the Court for advice on any matter relating to or arising out of any trade dispute which in his opinion ought to be so referred;

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