CHAPTER 300
REGULATION OF WAGES AND TERMS OF EMPLOYMENT ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

   3.   Application.

PART II
ESTABLISHMENT OF MINIMUM WAGE BOARDS

   4.   Establishment of minimum wage boards and determination of basic minimum wages.

   5.   General provisions as to minimum wage boards.

PART III
ESTABLISHMENT OF WAGES COUNCILS

   6.   Establishment of wages councils.

   7.   Making of wages council orders.

   8.   Abolition and variation of field of operation of wages councils.

   9.   General provisions as to wages councils.

PART IV
WAGES REGULATION ORDERS

   10.   Power to fix remuneration and terms of employment.

   11.   Computation of remuneration.

   12.   Effect and enforcement of wages regulation orders.

   13.   Powers of officers to institute proceedings.

   14.   Employee waiting for work on employer's premises to be deemed to be employed.

   15.   Permits to infirm and incapacitated persons.

   16.   Employers not to receive premiums.

   17.   Records and notices.

   18.   Criminal liability of agent and superior employer and special defence open to employer.

   19.   Appointment of Labour officers.

   20.   Power of officers.

   21.   Penalty for failing to allow inspection or hindering any officers.

   22.   Penalty for false entries or records, producing false records or giving false information.

   23.   Void agreement.

PART V
MACHINERY FOR THE IMPROVEMENT OF RELATIONS BETWEEN EMPLOYERS AND EMPLOYEES

   24.   Interpretation.

   25.   Assistance of Labour Commissioner and Labour Officers in forming staff committees.

   26.   Notification of staff committees.

PART VI
GENERAL PROVISIONS

   27.   Rules.

   28.   Expenses.

   29.   [Repeal.]

CHAPTER 300
THE REGULATION OF WAGES AND TERMS OF EMPLOYMENT ACT

An Act to provide for the establishment of Minimum Wage Boards and Wages Council and for the regulation of the remuneration and terms of employment of employees and for other related matters.

[1st October, 1953]

Acts Nos.
15 of 1951
41 of 1967
C.A. Act No. 2 of 1962
[R.L. Cap. 300]

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Regulation of Wages and Terms of Employment Act.

2.   Interpretation C.A. Act No. 2 of 1962">

   In this Act, unless the context otherwise requires–

   "board" means a minimum wage board established under the provisions of subsection (1) of section 4 of this Act;

   "council" means a wages council established under the provisions of section 6 of this Act;

   "court" means the Industrial Court of Tanzania;

   "employee" means a person who is employed in any employment to which this Act applies, and includes employees who are employed by or under the Government the same way and to the same extent as if the Government were a private person but does not include–

   (a)   a person in the Armed Forces; or

   (b)   a person in the Police Force or the Prisons Service;

   "Minister" means the Minister responsible for labour;

   "outworker" means an employee to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished or repaired or adapted for sale in his own home or in other premises not in the control or management of the person who gave out the articles or materials;

   "wages council order" means an order under the provisions of section 6 of this Act establishing a wages council.

3.   Application

   This Act may apply to employment generally or in any area of Tanzania or may be limited in its application to any category of employment either generally or in any area of Tanzania as the Minister may by order in the Gazette appoint, and any such order may be exempted from the application of the Act or any such employees or any class of employees either generally or in any area of Tanzania or in any category of employment whether generally or in any area of Tanzania.

PART II
ESTABLISHMENT OF MINIMUM WAGE BOARDS (ss 4-5)

4.   Establishment of minimum wage boards and determination of basic minimum wages Act No. 41 of 1967 First Sch.">

   (1) The Minister may, if he is of the opinion that it is expedient to fix a basic minimum wage in respect of any employees or class of employees not exempted from the application of this Act make an order establishing a minimum wage board to enquire into the matter.

   (2) Before establishing a minimum wage board under subsection (1), the Minister shall publish in the Gazette a notice of his intention to establish such board and every such notice shall set forth the proposed terms of reference of the board intended to be established and shall specify the time within which any objection to the proposed establishment of the board or to any of the proposed terms of reference shall be sent to the Minister.

   (3) Every objection shall be in writing and shall state–

   (a)   the specified grounds of objection;

   (b)   the omissions, additions or modifications asked for,

and the Minister shall consider any such objection made by or on behalf of any person appearing to him to be affected, being an objection sent to the Minister within the time specified in the notice, but shall not be bound to consider any other objection.

   (4) After considering the objections which the Minister is required by subsection (3) to consider, the Minister may–

   (a)   proceed to make an order establishing a board as proposed by him in the notice or subject to such modifications as he may think fit; or

   (b)   abandon the intention to establish the proposed board and make no order.

   (5) Every order establishing a board shall be published in the Gazette and in at least one local newspaper circulating in Tanzania, and the order shall come into operation on the date on which it is so published in the Gazette or on such later date as may be specified therein.

   (6) Where a board is established in accordance with this section, the board shall proceed to consider the matters within its terms of reference and shall submit its recommendations relating to such matters to the Minister.

   (7) The recommendations of a board shall be deemed to be a wages regulation proposal within the meaning of section 10 of this Act.

5.   General provisions as to minimum wage boards

   (1) The provisions of the First Schedule to this Act shall have effect with respect to the constitution, officers and proceedings of a minimum wage board.

   (2) Where any matter is referred under section 4 of this Act to a minimum wage board the board shall make all such investigations as appear to it to be necessary.

   (3) A minimum wage board shall, for the purposes of any inquiry under this Act, have all the powers of a Commission of inquiry under the Commissions of Inquiry Act *in relation to the summoning of witnesses and the production of books, plans and documents, and as to contumacy of and indemnity to witnesses.

PART III
ESTABLISHMENT OF WAGES COUNCILS (ss 6-9)

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.