CHAPTER 387
SECURITY OF EMPLOYMENT ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title and commencement.

   2.   Application of Part IV.

   3.   Application to the United Republic and the President.

   4.   Interpretation.

PART II
WORKERS' COMMITTEES AND CONCILIATION BOARDS

(a) Establishment and Functions of Workers' Committees

   5.   Workers' Committees.

   6.   Functions of Committees.

   7.   Dissolution and suspension of Committee.

   8.   Union to establish field branches.

   9.   Duties of employers in relation to Committees.

   10.   Financial expenses.

(b) Establishment and Functions of Conciliation Boards

   11.   Establishment of Boards.

   12.   Composition of Boards.

   13.   Notification of reference and right to be heard.

   14.   Proceedings in camera.

   15.   Evidence.

   16.   Decisions of a Board.

   17.   Board to keep record of proceedings.

   18.   Procedure.

   19.   Expenses.

PART III
RESTRICTION ON THE SUMMARY DISMISSAL AND FINING OF EMPLOYEES, AND THE ADMINISTRATION OF THE DISCIPLINARY CODE

(a) Disciplinary Penalties

   20.   Restriction on summary dismissal and fine.

   21.   Disciplinary penalties.

(b) Imposition of Disciplinary Penalties by Employers

   22.   When a Committee is, or is required to be, established.

   23.   Where no Committee is, or is required to be, established.

   24.   Employee may refer dismissal, etc., to a Board.

(c) Functions and Powers of Boards and the Minister under this Part

   25.   Powers of Boards.

   26.   Implementation of certain decisions.

   27.   Further reference to Minister.

(d) Miscellaneous provisions

   28.   Finality and effect of decisions of Board and Minister.

   29.   Exclusion of the jurisdiction of the courts.

   30.   Criminal proceedings.

   31.   Stay of certain orders on further reference to Minister.

   32.   Employer may exercise disciplinary powers notwithstanding reference pending in respect of other breaches of Disciplinary Code.

   33.   Summary dismissal for lawful cause.

PART IV
ADDITIONAL COMPENSATION ON TERMINATION OF EMPLOYMENT IN CERTAIN CASES

   34.   Payment of additional compensation in certain cases.

   35.   Meaning of "termination of employment".

   36.   Statutory compensation.

   37.   The statutory terms.

   38.   Notification of employee of circumstances of termination.

   39.   Reference of claims to statutory compensation to Board.

   40.   Orders for statutory compensation.

   41.   Reference to the Minister.

   42.   Board may order re-instatement.

   43.   Finality and effect of decisions of Minister and Board.

   44.   Exclusion of jurisdiction of courts.

PART V
GENERAL PROVISIONS

   45.   References to the Minister.

   46.   Delegation.

   47.   References under other law.

   48.   Certificates by the Minister and Chairman of a Board.

   49.   Act to prevail over other legislation relating to employment disputes.

   50.   Application of Part XII of Employment Act.

   51.   Criminal proceedings.

   52.   Offences.

   53.   Forms.

   54.   Amendment of the Disciplinary Code.

   55.   [Amendment of other laws.]

   56.   Regulations.

SCHEDULES

CHAPTER 387
THE SECURITY OF EMPLOYMENT ACT

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, to amend the law relating to employment and severance allowance, and for related matters.

[1st May, 1965]
[G.N. No. 159 of 1965]

R.L. Cap. 574
Acts Nos.
62 of 1964
45 of 1969
1 of 1975
13 of 1991

PART I
PRELIMINARY PROVISIONS (ss 1-4)

1.   Short title and commencement

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

   (2) Subject to the provisions of sections 2 and 55, the several parts and provisions of this Act shall come into operation on the dates appointed for the commencement thereof by the Minister by notice published in the Gazette 1.

2.   Application of Part IV

   The Minister may, by notice published in the Gazette, apply Part IV of this Act to Tanzania generally or may restrict its application to any part of Tanzania, or to any category or description of businesses or employers, and may appoint the date on which Part IV shall come into operation in its application to such part, category or description; and where the application of Part IV is so restricted it shall apply only in respect of employees employed in such part, or in the business or by the employers of the relevant category or description, as the case may be.

3.   Application to the United Republic and the President

   (1) Nothing in this Act shall be construed as prohibiting, restricting or otherwise affecting the exercise by the President of his powers to dismiss, remove from office or terminate the appointment of any person holding office in the service of the United Republic or any member of the Public Service, or as empowering a Conciliation Board to order the payment of the statutory compensation to any such person on account of his dismissal, removal from office or termination of appointment by the President.

   (2) Notwithstanding the provisions of subsection (1), the provisions of the Public Service Act *, or the regulations made thereunder, or the Laws regulating the Public Service this Act binds the United Republic and every authority other than the President having powers of dismissal, removal, termination of appointment or discipline in respect of the civil service of the United Republic or the Public Service in relation to employees in such services.

4.   Interpretation

   (1) In this Act, unless the context otherwise requires–

   "auxiliary grades", in relation to the service of the United Republic, means the subordinate service, works staff and persons appointed on temporary or daily terms; as such service, staff and terms are defined in the laws, regulations, orders and instructions regulating the public service of the United Republic but does not include judicial officers within the meaning of the Judicial Service Act *;

   "Board" means a Conciliation Board established by the Minister under this Act;

   "business" includes any undertaking or establishment in which any person is employed;

   "Committee" means a Workers' Committee established or required to be established under this Act, and "the Committee" in relation to any business, employer or employee, means the Workers' Committee established or required to be established under this Act for such business or for the business of such employer or in which such employee is employed;

   "decision" in relation to the Minister or a Board includes any order, direction or approval of the Minister or Board on a reference under this Act, other than an order made by the Board under section 15;

   "Disciplinary Code" means the Code of disciplinary offences set out in the first column of the Second Schedule to this Act, as varied to in accordance with any order under section 54;

   "disciplinary penalty" means summary dismissal, deduction from wages by way of punishment, and a formal severe reprimand or written warning, but does not include any such withholding of increase in or increment to salary or any such informal reprimand or warning as is referred to in subsection (3) of section 21; and a penalty shall be deemed to be less than another disciplinary penalty if it appears in the list of disciplinary penalties set out in this definition after such other penalty;

   "employee" has the meaning ascribed to it in the Employment Act * except that it does not include–

   (a)   (i)   a member of the Military Forces;

      (ii)   a member of the Police Force;

      (iii)   a member of the Prisons Service;

      (iv)   a member of the National Service;

      (v)   a member of the Unified Teaching Service;

      (vi)   [Omitted: R.E. 1995.];

      (vii)   a person in the service of the United Republic other than a member of one of the auxiliary grades;

      (viii)   a person in the service of a local authority other than a member of a grade comparable to the auxiliary grades in the service of the United Republic,

      in respect of his membership of such Force or Service or in respect of such service, as the case may be; or

   (b)   any person for the time being exempted as an employee from the operation of Part IV, V, VI or VII of the Employment Act * by an order made under subsection (3) of section 1 of that Act, in respect of his employment as such employee except where such exemption is by reason only of such person being in receipt of wages of any sum of money in excess of the sum of money specified in such order or any other order amending or replacing the same; or

   (c)   a casual employee; or

   (d)   an apprentice under a contract made in accordance with Vocational Education and Training Act *; or

   (e)   any employee who, in the opinion of the labour officer, is employed in the management of the business of his employer;

   "employer" has the meaning ascribed to it in the Employment Act * and, in addition, includes, in any case in which the power to appoint, terminate appointments of, or exercise disciplinary powers over, employees is vested by written law in some person or authority other than the employer, such other person or authority;

   "field branch" means a branch of the Union established in accordance with the provisions of section 8;

   "General Secretary" means the General Secretary of the Union;

   "labour officer" means a person holding office in the service of the United Republic as a principal labour officer, senior labour officer, senior labour inspector or labour inspector, and includes the Minister, the Labour Commissioner and any Assistant Labour Commissioner; and "the labour officer," in relation to any business, means the labour officer appointed to be in charge of the area in which the business is situated;

   "local representative of the Union" means a union member appointed by the Union to be its local representative for the business or area concerned for the purposes of performing the functions conferred on the local representative by this Act;

   "Minister" means the Minister responsible for labour matters and, to the extent that any function imposed or power conferred on the Minister is delegated to the Labour Commissioner under this Act, includes the delegate of the Minister;

   "reference" means a reference to a Board or the Minister in accordance with this Act;

   "re-instate" means to re-instate an employee who has been suspended;

   "severance allowance" means the allowance provided for in the Severance Allowance Act *;

   "Union" means the Organisation of Trade Unions;

   "union member" means a member of the Union.

   (2) Subject to the provisions of subsection (1), this Act shall be read as one with the Employment Act *.

   (3) References in this Act to any time when a Committee is suspended include references to a time prior to the first elections to a Committee for a business in which a Committee is required by this Act to be established and to any time between the dissolution of a Committee by the Minister and the first elections thereafter.

   (4) The Minister may, by writing under his hand, determine which grades in the service of a local authority are comparable to the auxiliary grades in the service of the United Republic and any such determination shall be conclusive for the purposes of this Act.

   (5) If any question arises as to the identity of an officer or local representative of the Union having functions under this Act, the matter may be referred to a labour officer and a certificate purporting to be under the hand of a labour officer stating the identity of such officer or representative on a date specified therein shall be admissible in evidence without further proof and shall be prima facie evidence of such matters.

PART II
WORKERS' COMMITTEE S AND CONCILIATION BOARDS (ss 5-19)

(a) Establishment and Functions of Workers' Committees (ss 5-10)

5.   Workers' Committees

   (1) Subject to the provisions of this section, a Workers' Committee shall be established in every business in which ten or more union members, being employees within the meaning of this Act, are employed.

   (2) Notwithstanding the provisions of subsection (1)–

   (a)   where the employer and the branch secretary of the Union for the area concerned (or if the business is carried on in more than one area, the branch secretaries of the Union for the areas concerned) agree that it is expedient to do so, there may be established in accordance with such agreement; or

   (b)   where a labour officer so directs, there shall be established in accordance with such directions,

more than one Committee for a business, or one Committee for two or more businesses of the same employer.

   (3) Where more than one Committee is established for the same business, the agreement or direction in accordance with which each is established shall declare the employees places or parts of the business in respect of which each Committee may exercise its functions; and, for the purposes of this Act, the employees places or parts in respect of which each such Committee is established shall be deemed to be employed in, or to form places in or parts of, as the case may be, separate businesses.

   (4) Where one Committee is established for two or more businesses of the same employer, the agreement or direction in accordance with which it is established shall declare the businesses in respect of which the Committee may exercise its functions; and, for the purposes of this Act, the businesses for which the Committee is established shall be deemed to be one business.

   (5) Where a labour officer gives any directions under this section for the establishment of a Committee or Committees, such Committee or Committees shall be established in accordance with such directions notwithstanding any earlier directions or any agreement made pursuant to this section for the establishment of any Committee or Committees.

   (6) Subject to any regulations made under section 56, the provisions of the First Schedule to this Act shall have effect as to the constitution and proceedings of, election to, and otherwise in relation to, a Committee.

6.   Functions of Committees

   (1) The functions of a Committee in, and in relation to, the business for which it is established are–

   (a)   to consult with the employer on matters relating to the maintenance of discipline and the application of the Disciplinary Code;

   (b)   to discuss with the employer, at regular intervals and at least once every three months, means of promoting efficiency;

   (c)   to consider and advise the employer on safety and welfare arrangements for persons employed in the business;

   (d)   to attend, by a member of the Committee nominated by itself for that purpose, all statutory inspections at the place of work by any authority charged by law with the duty to make inspections and report on working conditions;

   (e)   to investigate and report to the appropriate authority on any non-compliance with the provisions of a wage regulation order made under the Regulation of Wages and Terms of Employment Act or any law replacing the same, or with any collective agreement or arbitral award, which relates to the business or employees therein, and for this purpose to inspect time and wage sheets and other appropriate employment records;

   (f)   to consider and advise the employer on any of the employer's rules for the place of work;

   (g)   to consult with the employer concerning any impending redundancies and the application of any joint agreement on redundancies;

   (h)   generally to assist in the furtherance of good relations between the employer and persons employed in the business and to exercise such other functions as are conferred on a Committee by this Act.

   (2) Nothing in subsection (1) shall empower a Committee to consult, consider, advise, or make recommendations in relation to any matter concerning–

   (a)   the termination of probationary employment within a period of one month from the commencement of the employment for reasons other than for a breach of the Disciplinary Code;

   (b)   the termination of temporary or casual employment for reasons, other than for a breach of the Disciplinary Code;

   (c)   the engagement of new staff except in so far as such engagement is connected with any termination of employment on the grounds of redundancy;

   (d)   the promotion of any employed person;

   (e)   the transfer of any employed person to work of a similar character as that which he performed immediately before such transfer at the same or some other place of employment under the same employer:

   Provided that nothing in paragraph (a) or (b) of this subsection shall be construed as precluding a Committee from considering a report of an employee under section 39.

7.   Dissolution and suspension of Committee

   (1) The Minister may dissolve a Committee, or suspend it from the exercise of its functions, on the ground that it is not impartial or is otherwise not properly discharging its functions.

   (2) A Committee shall stand dissolved if the number of union members, being employees within the meaning of this Act employed in the business for which the Committee is established, falls below ten.

   (3) A Committee shall be suspended from the exercise of its functions as long as the numbers of the Committee are less than the appropriate quorum prescribed in the First Schedule.

8.   Union to establish field branches

   (1) The Union shall, not later than 31st December, 1976, establish in every business in which ten or more Union members being employees within the meaning of this Act are employed, a branch of the Union (hereinafter referred to as a "field branch") for that business:

   Provided that–

   (a)   where the General Secretary so directs, there shall be established two or more field branches for one business or one field branch for two or more businesses of the same employer;

   (b)   where there is already in existence a branch of the Union in any business, the General Secretary may, by writing under his hand, designate such branch to be the field branch for that business established pursuant to this section.

   (2) The constitution and proceedings of a field branch shall be regulated by rules which the Union may make in that behalf.

   (3) Upon an application made in that behalf by the General Secretary and upon being satisfied that a field branch has been established for any business, the Minister shall, by order in writing, dissolve the Committee established under section 5 for that business, and upon such order being made, and with effect from the date upon which it is expressed to come into operation–

   (a)   the Committee shall stand dissolved;

   (b)   all the functions of the Committee under this Act shall vest in such field branch;

   (c)   the provisions of this Act shall take effect and apply mutatis mutandis, as if references therein to a Committee established under section 5 were references to such field branch:

         Provided that the provisions of section 5, subsection (2) of section 6, subsection (1) of section 7, the proviso to subsection (1) of section 10 and the First Schedule to this Act shall not apply to or in relation to any field branch.

[s. 7A]

9.   Duties of employers in relation to Committees

   An employer in whose business a Committee is required to be, or is, established in accordance with this Act–

   (a)   shall do all such reasonable acts as are necessary, in accordance with the provisions of the First Schedule, to provide for the election of the members of the Committee;

   (b)   shall not discriminate against a member of the Committee on the ground of the latter's membership of the Committee and shall not terminate the employment of a member of the Committee; except for breach of the Disciplinary Code without the prior approval of a labour officer;

   (c)   shall make available a suitable room for use by the Committee for its meetings and provide reasonable facilities for the storage of its records;

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