CHAPTER 300
REGULATION OF WAGES AND TERMS OF EMPLOYMENT ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    ORDERS

        The Wholesale and Retail Distributive Trades Wages Council (Establishment) Order

        The Regulation of Wages and Terms of Employment Act (Limitation of Application) Order

        The Minimum Wages Board Establishment Order

        The Regulation of Wages and Terms of Employment Order (2002)

    RULES

        The Regulation of Wages and Terms of Employment (Minimum Wage Boards and Wages Councils) Rules

ORDERS

THE WHOLESALE AND RETAIL DISTRIBUTIVE TRADES WAGES COUNCIL (ESTABLISHMENT) ORDER

(Section 6)

G.N. No. 224 of 1966

    1. This Order may be cited as the Wholesale and Retail Distributive Trades Wages Council (Establishment) Order.

    2. There is hereby established a Wages Council (hereinafter referred to as the Wages Council) to perform in relation to the employees specified in the Schedule hereto, the powers and functions specified in that behalf in the Employment Act *.

    3. The Wages Council shall consist of the following members–

    (a)    Independent members–

        (i)    A Chairman.

         (ii)    A Deputy Chairman.

    (b)    Representative Members–

        (i)    Five members to represent employers.

         (ii)    Five members to represent employees.

    4. An Officer of the Ministry of Labour shall be Secretary to the Council.

SCHEDULE

(Paragraph (2))

    Employees employed in the Wholesale and Retail Distributive Trades are from the following categories–

    (a)    the retail supply of goods or merchandise of any description;

    (b)    the wholesale supply of goods or merchandise of any description;

    (c)    operations such as warehousing, storing, packing or clerical or other work which are associated with such retail or wholesale supply,

other than employees employed in the wholesale and retail distribution of motor vehicles.

THE REGULATION OF WAGES AND TERMS OF EMPLOYMENT ACT (LIMITATION OF APPLICATION) ORDER

(Section 3)

G.N. No. 180 of 1972

    1. This Order may be cited as the Regulation of Wages and Terms of Employment Act (Limitation of Application) Order, and shall be deemed to have come into operation on the 1st day of July, 1972.

    2. The Regulation of Wages and Terms of Employment Act *shall not apply to any employee to whom Part IV, V or VI of the Employment Act *does not by virtue of any Order made under section 1 of that Act apply.

THE MINIMUM WAGES BOARD ESTABLISHMENT ORDER

(Section 4(4) and (5))

[24th May, 2002]

G.N. No. 204 of 2002

    WHEREAS pursuant to the provisions of section 4(2) of the Regulation of Wages and Terms of Employment Act *, power is conferred upon the Minister to issue a notice of intention to establish a Minimum Wages Board:

    AND WHEREAS such notice was published on the 6th day of May, 2002 as Government Notice No. 157 of 10th day of May, 2002, inviting all persons with objections to the proposal to lodge them with the Permanent Secretary to the Ministry of Labour, Youth Development and Sports within 14 days of the publication of the Notice:

    NOW THEREFORE, I, Prof. Alhaj Juma Athuman Kapuya, Minister for Labour, Youth Development and Sports, do hereby order as follows:

1    Citation

    This Order may be cited as the Minimum Wages Board Establishment Order.

2    Interpretation

    In this Order, unless the context requires otherwise–

    "Board" means the Minimum Wages Board established under section 3 of the Regulation of Wages and Terms of Employment Act *;

    "Minister" means the Minister responsible for Labour, Youth Development and Sports.

3    Establishment of the Board

    There is hereby established a board to be known as the Minimum Wages Board.

4    Composition of the Board

    (1) The Board shall consist of the persons specified in the Schedule to this Order.

    (2) All members of the Board shall be appointed by the Minister.

    (3) The office of the Labour Commissioner shall be the Secretariat of the Board.

5    Functions of the Board

    (1) The functions of the Board shall be–

    (a)    to review the minimum wage rates prescribed under the Regulation of Wages and Terms of Employment Order *;

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    (b)    to inquire into and make recommendations on the establishment of basic minimum wage on a national basis in respect of all categories of employment;

    (c)    to perform such other powers and duties in the manner and subject to such conditions as the Minister may by writing under his hand prescribe.

    (2) In particular and without prejudice to the generality of subparagraph (1) and subject to any special or general directions of the Minister, the Board shall consider and advise the Minister upon–

    (a)    wage differentials which are appropriate as between different age group of employment;

    (b)    prescription of separate minimum wages for the following classes of employees–

        (i)    persons of or above fifteen years but below eighteen years of age in so far as they may be employed under any contract of service;

        (ii)    persons of or over the age of eighteen years;

    (c)    any matter concerning conditions of employment in respect of employees generally or in any specified area in respect of any category of employees, upon such matters affecting wages and salary structure as may from time to time be referred to the Board by the Minister.

    (3) After due inquiry and deliberation of the matters within its terms of reference, the Board shall submit its recommendations to the Minister.

SCHEDULE
MEMBERS OF THE MINIMUM WAGE BOARD

CHAIRMAN – Peter J. Ngumbulu, Ministry of Finance

MEMBERS REPRESENTING EMPLOYEES:

1.    – Dominico M. Kabyemera

2.    – Amu J. Shah

3.    – Africanus T. Maenda

MEMBERS REPRESENTING EMPLOYERS:

1.     – Ms Margaret Sitta

2.     – Hassan M. Raha

3. – Charles Samamang'ombe

MEMBERS REPRESENTING GOVERNMENT:

1.    –R. M. Khijjah

2.     – U.P.K. Tenende

3.    – Mathias Kabunduguru

OTHER:

    – A. Elvis Musiba – TCCIA

THE REGULATION OF WAGES AND TERMS OF EMPLOYMENT ORDER (2002)

[1st July, 2002]

G.N. No. 311 of 2002

1.    Citation

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

2.    Interpretation

    In this Order, unless the context requires otherwise–

    "casual employee" means any person who works on a daily basis where payment of wages is due and actually paid at the completion of each day's work;

    "commercial enterprises" means the carrying on for gain of any business trade profession or other similar activities;

    "domestic servant" includes any person employed wholly or partly as a cook, house-servant, waiter, butler, maidservant, valet, bar attendant, groom, gardener, washman or watchman, but an employee shall not include any such employee employed wholly or partly in connection with or in relation to any commercial or industrial enterprises;

    "factory" shall have the meaning assigned to the expression in the Factories Act *;

    "family" means an employee and his or her spouse and the children of such employee;

    "place of employment" means the place where an employee normally carries out the duties imposed upon him by his or her contract of service;

    "transfer" means the appointment of the employee to a different position with no alteration in salary scale, and includes movement of an employee from one geographical location to another;

    "weekly rest day" is such a day an employee shall not be required to work for his or her employer after six consecutive days and shall be taken on such day as shall be agreed between the parties.

3.    Application

    This Order shall apply to all employees notwithstanding whether they are employed in the service of the United Republic and Local Government.

4.    Minimum wage in the cities, municipalities, regional, district headquarters and commercial enterprise

    (1) Subject to the provisions of this Order, the basic minimum wage payable to–

    (a)    an employee of whatever category whose place of employment is in the cities Municipalities, Regional or District headquarters; or

    (b)    an employee, other than a domestic employee, in a commercial or industrial enterprise, whose place of employment is in a rural area,

shall be at the appropriate rates specified in respect of such employees in Part A of the Schedule hereto.

    (2) For the purposes of paragraph (1) "commercial or industrial enterprises" includes mining and construction industries but does not include agriculture.

5.    Minimum wage in other areas

    Subject to the provision of this Order, the basic minimum wage payable to any employee who is not entitled to the basic minimum wages prescribed in Part A of the Schedule hereto shall be at the appropriate rates specified in respect of such employee in Part B of the Schedule to this Order.

6.    Casual employee

    (1) A casual employee shall, at the end of each day, be paid wages in respect of every hour which he or she has worked during that day provided that where the employee works for not more than five hours in any one day he or she shall be paid on an hourly basis.

    (2) A casual employee shall not be required to work for more than eight hours in any one period of twenty-four hours.

    (3) If the place of employment of a casual employee is within the Cities, Municipalities, Regional or District Headquarters he or she shall be paid wages at the appropriate rate specified in Part A of the Schedule to this Order.

    (4) If the place of employment of a casual employee is in other areas he or she shall be paid wages at the appropriate rate specified in Part B of the Schedule to this Order.

7.    Payment of overtime

    (1) Where a domestic employee is on any day employed for the aggregate number of working hours exceeding nine hours, he or she shall be entitled to be paid in respect of every hour or part of an hour in excess of the nine hours, one and a half times his hourly wage.

    (2) Where any employee other than a casual employee or a domestic employee is, during any week, employed for the aggregate of working hours exceeding forty-five hours, he or she shall be entitled to be paid in respect of every hour or part of an hour in excess of the forty-five hours one and half times his or her hourly wage.

8.    Weekly rest days and public holidays

    (1) Where any employee is employed on the statutory weekly rest day or on a public holiday other than Sundays except where Sunday is the weekly rest day for that employee, he or she shall be paid in respect of every hour or part of an hour during which he or she is so employed on that day, two times his or her hourly wage in addition to his or her normal monthly wage.

    (2) The provisions of this paragraph shall not apply to casual employees.

9.    Monthly wage

    (1) Where an employee is employed on a daily contract, his or her monthly wage shall be deemed to be the daily wage multiplied by twenty-six.

    (2) Where an employee is employed on a weekly contract his or her monthly wage shall be deemed to be four times his or her weekly wage.

    (3) Where an employee is employed on a fortnightly contract his or her monthly wage shall be deemed to be twice his or her fortnightly wage.

10.    Rules regulating casual employment

    (1) Every casual employee shall be paid a wage at the end of each day in respect of each hour or part of an hour during which he or she was employed on that day.

    (2) Where a casual employee is employed for five hours but not more than eight hours on any day he or she shall be paid in respect of that day on a daily basis at the appropriate rates.

    (3) Where a casual employee is employed for more than eight hours on any day he or she shall be paid in respect of that day the aggregate of–

    (a)    the sum of money at the appropriate rate of daily wage as prescribed in Part A of the Schedule to this Order; and

    (b)    for each hour or part of an hour in excess of eight hours one and half times the hourly wage at the appropriate rate prescribed in Part A of the Schedule to this Order.

    (4) The provisions of paragraph (3)(a) and (b) shall apply mutatis mutandis to casual employees employed in other areas.

11.    Fringe benefits

    (1) Every employee other than a casual employee shall be entitled to the following benefits set out hereunder–

    (a)    Paid annual leave:

        (i)    every employee shall once in every calendar year, be entitled to twenty-eight days of leave with full pay at the expense of his employer at the rate of seven days in respect of each period of full three months of service to be taken at such time during the calendar year as may be agreed between the parties;

        (ii)    annual leave may only be accumulated with the agreement of both parties;

        (iii)    an employee shall be entitled to payment in lieu of leave if his services cease before he has taken the previous years entitlement to leave;

        (iv)    where, at the commencement of this Order an employee is entitled to a leave of a greater number of days than those prescribed above, he or she shall upon commencement of this Order, be entitled to the prescribed leave but in addition thereto he or she shall be entitled to receive a pay for the extra days leave he or she would otherwise have had so long as he or she continues to be employed by the same employer.

    (b)    Paid sick leave:

            Subject to paragraph (c) an employee shall be entitled to paid sick leave in addition to annual leave up to the following maximum, namely–

        (i)    up to three months of continuous illness: he or she shall be paid full wages;

        (ii)    the following three months: an employee shall be paid half wages for each month of illness;

        (iii)    after expiration of three months prescribed in subparagraph (ii): the services of an employee may be terminated on medical grounds.

    (c)    In order for an employee to be entitled to sick pay he or she shall–

        (i)    as soon as is reasonable, notify or cause to be notified his or her employer of the absence and the reason for it;

        (ii)    produce, if required by the employer, a medical certificate obtained from a qualified medical practitioner or any medical practitioner acceptable to the employer.

    (d)    Compassionate leave may be granted on reasonable grounds at the full discretion of the employer.

12.    Out-of-station allowance

    An employee shall after every two years of continuous service with the same employer be entitled to receive from the employer a leave allowance of twelve thousand four hundred and eighty shillings.

13.    Leave allowance

    (1) An employee who travels on duty within the country shall be paid an allowance for each day spent outside his duty station at the following rates–

    (2) An employer who provides food and accommodation for his or her employee shall not be obliged to pay out of station allowance except the incidental expenses and expenses while in transit.

14.    Persons enjoying better terms

    Where any employee to whom the provisions of this Order apply is at the commencement of this Order entitled to receive wages at a higher rate or to receive benefits more favourable than those prescribed or provided for in this Order that person shall for so long as he or she is employed by the same employer and subject to the terms and conditions of his or her employment continue to be entitled to receive such higher wages or as the case may be, such more favourable benefits.

15.    Revocation

    [Revokes the Regulations of Wages and Terms of Employment Order, 1999 *.]

SCHEDULE

PART A
IN THE CITY AND MUNICIPALITY OR AT REGIONAL AND DISTRICT HEADQUARTERS

PART B
OTHER AREAS

RULES

THE REGULATION OF WAGES AND TERMS OF EMPLOYMENT (MINIMUM WAGE BOARDS AND WAGES COUNCILS) RULES

(Section 27)

G.N. No. 260 of 1953

    1. These Rules may be cited as the Regulation of Wages and Terms of Employment (Minimum Wage Boards and Wages Councils) Rules.

    2. A Board or Council shall meet at such times as the Chairman of the Board or Council may decide to be necessary for the prompt dispatch of business.

    3. At any meeting of a board or council, the Chairman or Deputy Chairman, one independent member and one-third of the total number of representative members shall constitute a quorum.

    4. At any meeting of a board or council–

    (a)    every member shall have one vote;

    (b)    voting shall be by a show of hands;

    (c)    a decision of the majority of members present and voting shall be deemed to be a decision of the board or council;

    (d)    the chairman shall have a casting vote.

    5. A council shall, for the purposes of any inquiry under the Act, have all the powers of a board under subsection (3) of section 5 of the Act in relation to the summoning of witnesses and the production of books, plans and documents and as to the contumacy of and indemnity of witnesses.

    6. A witness summons to attend a board or council shall be in the form set out in the Schedule.

    7. Any committee or sub-committee appointed by a council shall be governed by these Rules.

    8. No member of the general public or representative of the Press may be admitted to a meeting of a council without the permission of the chairman.

    9. Minutes of each meeting of a board or council shall be made by the secretary or by a person authorised by the chairman to do so and such minutes shall be certified by the chairman subject to confirmation or modification at the next meeting of the board or council.

SCHEDULE
SUMMONS TO A WITNESS

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