CHAPTER 60
INDUSTRIAL COURT OF TANZANIA ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
REGULATIONS
G.N. No. 330 of 1995
PART I
PRELIMINARY (regs 1-2)
1. Short title
These Regulations may be cited as the Industrial Court of Tanzania (Prescribed Forms) Regulations.
2. Interpretation
In these Regulations unless the context requires otherwise–
"the Court" means the Industrial Court of Tanzania established under Part IV of the Act *;
"District Labour Officer" means any Labour Officer either stationed at the District Labour Office or at the Regional Labour Office in a District or Region within which the trade dispute arose and includes any Labour Officer appointed by the Labour Commission to to conciliate the parties in a particular trade dispute;
"form" means a form prescribed in the Schedule to these Regulations;
"Labour Officer" means a person holding Office in the service of Government as a Principal Labour Officer, Senior Labour Officer or Labour Officer and includes the Labour Commissioner and any Assistant Labour Commissioner;
"Regulations" means these Regulations as amended from time to time;
"trade dispute" has the meaning ascribed to it in the Act;
"Union" means a registered Trade Union under the Trade Unions Act *.
PART II
PRESCRIBED FORMS (regs 3-8)
3. Schedule
(1) Subject to the provisions of these Regulations, the forms set out in the Schedule to these Regulations shall be used, with such variations as the circumstances require, for the matters to which they relate.
4.
(1) Form TD. 1 in the Schedule shall be used by the Labour Officer in certifying that an employee is or is not employed in management of the business of his employer.
(2) The Labour Officer shall, prior to issuing a Certificate as aforesaid, afford both the employee and employer an opportunity of being heard.
5.
(1) In reporting a trade dispute to the Union Branch or the Union District Secretary or the District Labour Officer, the employee or the employer or the Union Branch or District Secretary, as the case may be, shall complete Form TD. 2 of the Schedule.
(2) Where there is no Union Branch at the place of work, a member of a registered trade union shall first report a trade dispute to his District Secretary within fourteen days of its occurrence and the District Secretary shall, within fourteen days of the dispute being reported to him report the same to the District Labour Officer.
(3) Where a dispute arises as to the date of the occurrence of a trade dispute, the District Labour Officer, on application in writing being made to him by either party or on his own motion within 14 days of the report being made under section 4 of the Act, shall hear and determine the matter and shall issue a certificate to that effect on Form TD. 3 of the Schedule.
(4) A certificate by the District Labour Officer under this Regulation shall be receivable as final and conclusive evidence.
6.
(1) The District Labour Officer shall report to the Labour Commissioner his failure to conciliate the parties to the trade dispute on Form TD. 4 of the Schedule.
(2) Where the District Labour Officer succeeds to effect a settlement of the dispute between the parties, a written agreement duly signed by the parties shall be submitted by him to the Labour Commissioner on Form TD. 5 of the Schedule.
7.
The Labour Commissioner or any Labour Officer authorised by him shall transmit a trade dispute to the Court on Forms TD. 6A and TD. 6B of the Schedule together with his comments.
8.
A certificate 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 made on Form TD. 7 of the Schedule.
SCHEDULE
FORMS
FORM TD. 1
CERTIFICATE OF A LABOUR OFFICER REGARDING EMPLOYMENT
THE UNITED REPUBLIC OF TANZANIA
MINISTRY OF LABOUR AND YOUTH DEVELOPMENT
| Labour Division |
(Under section 10 of Cap. 60) |
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This is to certify that: ................................................................ (name) is/not 1 employed |
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Full Name and Signature: ............................................................................................ |
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Labour Officer |
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Copy to be served upon: | |
1. ................................................................ | |
2. ................................................................ |
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3. The Registrar, |
FORM TD. 2
REPORT TO UNION BRANCH RELATING TO DISPUTE PARTIES TO TRADE
THE UNITED REPUBLIC OF TANZANIA
MINISTRY OF LABOUR AND YOUTH DEVELOPMENT
(Report to Union Branch/Union District Secretary/Labour Officer 1 made under section 4 of Cap 60.) |
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REPORT BY:................ (employee/employer/Union Branch) 2 |
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Address ................................................ | |
To: .................................................... | (Union Branch/Union District |
Address ................................................ | |
To: .................................................... | (Union Branch/Union District |
1. I have the honour to report to you as follows: |
(1) The dispute occurred on (2) ....................................... (3) ....................................... (4) ....................................... (5) ....................................... (6) ....................................... |
2. Wherefore I pray for the following: |
(1) ....................................... (2) ....................................... {mprestriction ids="1,2,3"} (3) ....................................... (4) ....................................... (5) ....................................... |
3. This report is made by/on behalf of 5 employee/employees/employer 6 |
Dated at ............................................ this ......................... day of ......................... |
Full name and Signature ............................................................................................... (Employee/employer/Union Branch/ |
Copy to be served upon: |
(1) .............................................................. |
(2) .............................................................. |
(3) .............................................................. |
(4) .............................................................. |
FORM TD. 3
CERTIFICATE OF LABOUR OFFICER AS TO DATE OF
OCCURRENCE OF TRADE DISPUTE
THE UNITED REPUBLIC OF TANZANIA
MINISTRY OF LABOUR AND YOUTH DEVELOPMENT
| Labour Division. |
(Under Regulation 5(3) and (4) of the Industrial Court of Tanzania (Prescribed Forms) Regulations.) |
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TRADE DISPUTE |
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Between |
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....................................................................... |
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and |
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....................................................................... |
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This is to certify that the trade dispute between the parties above mentioned occurred on |
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Given under my hand at: .......................................................... this ........................ day of ................................ |
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Full Name and Signature ............................................................................................... |
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District Labour Officer |
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Copy to be served upon: | |
1. ................................................... | |
2. .................................................. |
FORM TD. 4
REPORT ON OUTCOME OF TRADE DISPUTE
THE UNITED REPUBLIC OF TANZANIA
MINISTRY OF LABOUR AND YOUTH DEVELOPMENT
(Report by Labour Officer to the Labour Commissioner under section 6(1) of Cap. 60) |
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| Labour Division. |
To: The Labour Commissioner, | |
From: The Labour Officer, | |
TRADE DISPUTE |
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Between |
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....................................................................... |
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and |
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....................................................................... |
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Having discussed/failed to discuss 1 the matter with the parties concerned, I have the honour to report to you that I have been unable to effect a settlement of the trade dispute for reasons stated in the proceedings attached hereto for your perusal and necessary action. |
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Given under my hand at: ....................................................... this ........................ day of ................................ |
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Full Name and Signature .............................................................................................. |
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District Labour Officer |
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Copy to: 1 ............................................. |
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2. ............................................. |
FORM TD. 5
REPORT ON OUTCOME OF TRADE DISPUTE
THE UNITED REPUBLIC OF TANZANIA
MINISTRY OF LABOUR AND YOUTH DEVELOPMENT
(Report by Labour Officer to the Labour Commissioner under section 6(1) of Cap. 60) |
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| Labour Division. |
To: The Labour Commissioner, | |
From: The Labour Officer, | |
TRADE DISPUTE |
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Between |
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....................................................................... |
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and |
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....................................................................... |
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Having discussed/failed to discuss 1 the matter with the parties concerned, I have the honour to report to you that I have been unable to effect a settlement of the trade dispute for reasons stated in the proceedings attached hereto for your perusal and necessary action. |
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Given under my hand at: .......................................................... this ........................ day of ................................ |
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Full Name and Signature .............................................................................................. |
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District Labour Officer |
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Copy to: 1. ............................................. |
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2. ............................................. |
FORM TD. 6A
SUBMISSION OF NEGOTIATED AGREEMENT
THE UNITED REPUBLIC OF TANZANIA
MINISTRY OF LABOUR AND YOUTH DEVELOPMENT
(Section 5(1))
| Labour Division. |
To: The Labour Commissioner, | |
TRADE DISPUTE |
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Between |
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....................................................................... |
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and |
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....................................................................... |
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1. I am pleased to inform you that I have succeeded in effecting a settlement of the dispute between the parties above mentioned. |
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2. The written agreement duly signed by the parties is thereby submitted to you for your necessary action. |
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Dated at ........................................... this ......................... day of ......................... |
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Full Name and Signature: ............................................................................................ |
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District Labour Officer |
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Copy to: 1. ........................................ (employer) |
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2. ........................................ (employee/employee) |
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3. ........................................ |
FORM TD. 6B
TRANSMISSION OF TRADE DISPUTE TO COURT
THE UNITED REPUBLIC OF TANZANIA
MINISTRY OF LABOUR AND YOUTH DEVELOPMENT
(Section 6(2))
(Report by Labour Officer to the Labour Commissioner under section 6(1) of Cap. 60) |
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Labour Division Headquarters, |
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Ref. No. .......................................... | ................................................ |
To: The Registrar, | |
TRADE DISPUTE |
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Between |
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....................................................................... |
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and |
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....................................................................... |
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Please find under enclosure the District Labour Officer's report on the above mentioned trade dispute and my comments for consideration by the court in making an award thereon. |
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The issues in this dispute are as follows: |
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(a) ....................................................................................................................... |
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(b) ....................................................................................................................... |
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(c) ....................................................................................................................... |
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(d) ....................................................................................................................... |
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(e) ....................................................................................................................... |
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Dated at Dar es Salaam ......................... day of ......................... |
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Full Name and Signature ............................................................................................ |
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Labour Commissioner/Authorised Labour Officer |
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Copy to: 1. ............................................... (employer) |
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2. ............................................... (employee/employees) |
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3. The District Labour Officer. |
FORM TD. 7
CERTIFICATE OF THE LABOUR COMMISSIONER/DISTRICT LABOUR OFFICER REGARDING REPORTING OF TRADE DISPUTE
THE UNITED REPUBLIC OF TANZANIA
MINISTRY OF LABOUR AND YOUTH DEVELOPMENT
(Section 7)
(Report by Labour Officer to the Labour Commissioner under section 6(1) of Cap. 60) |
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Labour Division, |
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Ref. No. .............................................. | ............................................ |
TRADE DISPUTE |
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Between |
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....................................................................... |
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and |
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....................................................................... |
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This is to certify that the trade dispute between the parties above mentioned has/not been 1 reported to me/the 2 Court. |
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Given under my hand at: .......................................................... this ........................ day |
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Full name and Signature: .............................................................................................. |
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Labour Commissioner/District Labour Officer |
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Copy to be served upon: | |
1. ......................................................... | |
2. ......................................................... |
RULES
(Section 27(3))
G.N. No. 268 of 1990
1. Citation
These Rules may be cited as the Industrial Court (Revision of Proceedings) Rules, and shall come into operation on the first day of August, 1992.
2. Application
These Rules shall not apply to proceedings instituted, and the hearing in respect of which commenced, before the first day of August, 1992.
3. Interpretation
In these Rules, unless the context otherwise requires–
"Act" means the Industrial Court of Tanzania Act *;
"applicant" means a person who has, in pursuance of subrule (1) of Rule 4, instituted proceedings by sending to the Registrar an originating reference requiring a decision of the Court, and includes–
(a) the Secretary-General of a registered trade union;
(b) an individual or a group of individuals claiming together; and
(c) an employer or an employers' association;
"Chairman" means the person appointed under section 16 as Chairman of the Court, and, for purposes of jurisdiction, includes a Deputy Chairman;
"Court" means the Industrial Court of Tanzania established by section 15 of the Act;
"decision" in relation to the Court, includes an award, a declaration, an order other than an interlocutory order and a recommendation;
"hearing" means a duly constituted sitting of the Court for the purpose of receiving evidence, hearing parties and witnesses or doing anything lawfully requisite to enable the Court to reach a decision on any question.
4. Powers and procedure in revision
(1) The Court may, on its own motion or upon application by an applicant, revise any of its proceedings.
(2) In exercising the powers conferred upon it under subrule (1), the Court may, by certificate under the hand of the Chairman, vary or revoke any of the proceedings on the following grounds–
(a) where a party did not receive notice of the proceedings leading to the decision; or
(b) where the decision was made in the absence of a party or person entitled to be heard.
5. Application to be made to the Registrar
(1) An applicant shall make the application for revision to the Registrar of the Court.
(2) An application for revision under subrule (1) shall be made fourteen days from the date on which the decision is delivered and shall be in writing, stating the grounds in full.
6. Refusal of application
The Chairman may refuse an application under these Rules if, in his opinion and in accordance with subsection (1) of section 27 of the Act, that application is baseless on the face of it.
7. Right to notice
The adverse party to the application shall have a right to notice and the Court shall hear him before an application is granted to the applicant.
8. Where Court orders the proceedings de novo
(1) Where an application is not refused under these Rules and where the Court continues to hear the proceedings and grants the application, it may vary or revoke its decision to grant the application and may order the proceedings to commence de novo.
(2) Where the Court makes a decision and a certificate of the Chairman is issued, the Registrar of the Court shall make necessary corrections in the Court Register as soon as is practicable and send a copy of the certificate to each of the parties and persons who are entitled to appear and who in fact appear.
(Section 41)
G.N. No. 330 of 1995
PART I
THE INDUSTRIAL COURT RULES (regs 1-2)
1. Citation
These Rules may be cited as the Industrial Court of Tanzania Rules.
2. Interpretation
In these Rules unless the context requires otherwise–
"Act" means the Industrial Court of Tanzania Act *;
"District Labour Officer" means any Labour Officer either stationed at the District Labour Office or at the Regional Labour Office in a District or Region within which the trade dispute arose and includes any Labour Officer appointed by the Labour Commissioner to conciliate the parties in a particular trade dispute;
"Labour Officer" means a person holding office in the service of the Government as a Principal Labour Officer, Senior Labour Officer or Labour Officer and includes the Labour Commissioner and any Assistant Labour Commissioner;
"trade dispute" has the meaning ascribed to it in the Act;
"Union" means a registered Trade Union under the Trade Unions Act.
PART II
REMEDIES, JURISDICTION AND PROCEDURES (regs 3-13)
3. Area of Jurisdiction
(1) A trade dispute under section 4 of the Act may be reported to District Labour Officer in the area within which the dispute arose.
Notice of hearing
(2) Notwithstanding anything in the foregoing provisions of these Rules, if it appears to the Labour Commissioner that conciliation of any trade dispute can more conveniently be made by another District Labour Officer he may refer the trade dispute to another District Labour Officer.
4. Submission of memoranda
(1) The District Labour Officer shall as soon as the report of a trade dispute is made to him, inform the parties to the trade dispute of the date and place fixed for conciliation.
(2) The parties to the trade dispute shall submit memoranda to the District Labour Officer on all issues which the parties intend to raise before the Court.
5. Adjournment of conciliation
Where on the date fixed for conciliation any party or any person to whom a notice of hearing under Rule I has been issued; fails or neglects to appear, the District Labour Officer may adjourn the conciliation or report the dispute to the Labour Commissioner.
6. Extension of time
Where an employee or employer, for reasons beyond his control, was unable to report the dispute within the time required by the Act, may apply to the District Labour Officer for an extension of time not exceeding thirty days.
7. Parties may be present
Parties to the dispute and/or their representatives shall have the right to be present and to be heard at a conciliation proceedings under the Act but no advocate may appear for either party.
8. Notification of strike
Where subsection (1) of section 11 of the Act has been complied with, an employee or the Union shall send a written notice to the Labour Officer and the employer proposing the date on which the secret ballot may be held before taking part in a strike.
9. Right to vote
(1) Every employee of the business in which he is employed is entitled to vote for or against the strike under subsection (2) of section 11 of the Act.
(2) An employee who, in the opinion of the Labour Officer, is employed in the management of the business of his employer shall not have the right to vote under this Rules.
10. Time and place for voting
(1) The employee may vote on the voting day and place conveniently appointed by the Labour Officer.
Form TD. 8
(2) The ballot papers shall indicate the Word "NO" against the strike and the word "YES" for the strike in Form TD. 8 of the Schedule to this Rules.
11. Witnesses to vote and ballot count
The Labour Officer shall arrange to have at least one representative from the employees and employer to witness the casting of votes and the counting of ballot papers.
12. Declaration of results
(1) The Labour Officer may, on application of either party, require that the votes be recounted before the declaration of the results.
(2) After all the votes have been counted, the Labour Officer shall declare–
(a) the total number of votes cast;
(b) the total number of such votes which are in favour of or against a strike;
(c) the date or dates which the strike may take place.
Form TD. 9
(3) The declaration of the results shall be in Form TD. 9 of the Schedule hereto.
13. Transitional provision
Nothing in these Rules shall be construed as affecting any proceeding instituted or commenced before coming into operation of these Rules.
SCHEDULE
FORMS
FORM TD. 8
VOTE FOR OR AGAINST STRIKE BALLOT PAPER
(Rule 10(2))
THE UNITED REPUBLIC OF TANZANIA
THE INDUSTRIAL COURT OF TANZANIA ACT (CAP. 60)
NB: (1) Record your vote by a V in Column 2.
(2) Do not sign your name.
(3) It is your secret.
Column 1 | Column 2 |
For Strike | |
Against Strike |
FORM TD. 9
CERTIFICATE OF RESULT OF SECRET BALLOT BEFORE STRIKE
(Rule 12)
THE UNITED REPUBLIC OF TANZANIA
THE INDUSTRIAL COURT OF TANZANIA ACT (CAP. 60)
I, the undersigned, hereby certify that on the ........................ day of ........................ 20........ a secret ballot was duly taken in compliance with the requirements of section 11(2) of the Industrial Court of Tanzania Act, Cap. 60 and Rules 8, 9 and 10 of the Industrial Court of Tanzania Rules on the question of the strike in a trade dispute between ................................ |
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1. The total number of members entitled to vote was .................................................. |
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2. Number of papers in ballot box ............................................................................. |
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3. Number voting against strike ................................................................................ |
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4. Number voting in favour of strike ........................................................................... |
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5. Number of voting paper spoiled ............................................................................ |
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Dated this ......................... day of ......................... 20........ |
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Name and Signature .......................................................................................................... |
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Labour Officer |
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Copy to:– 1. ...................................................................................... (the employer) |
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2. ........................................................................................... (the Union) |
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3. The Labour Commissioner, P.O. Box 9014, Dar es Salaam |