CHAPTER 60
INDUSTRIAL COURT OF TANZANIA ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   REGULATIONS

      The Industrial Court of Tanzania (Prescribed Forms) Regulations

   RULES

      The Industrial Court (Revision of Proceedings) Rules

      The Industrial Court of Tanzania Rules

REGULATIONS

THE INDUSTRIAL COURT OF TANZANIA (PRESCRIBED FORMS) 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




Ref. No. ..............................................

Labour Division
P.O. Box
................................................
................................................

(Under section 10 of Cap. 60)

   This is to certify that: ................................................................ (name) is/not 1 employed
in the management of the business of his/her 2 employer namely: ..........................................
.................................................................... of P.O. Box .................................................
   Dated at: ......................................... this: ......................... day of: .........................

   Full Name and Signature: ............................................................................................

Labour Officer

Copy to be served upon:

1.   ................................................................
................................................................
................................................................

2.   ................................................................
................................................................
................................................................ (Employer)

3.   The Registrar,
Industrial Court of Tanzania
P.O. Box 1619
DAR ES SALAAM.

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.)

   REPORT BY:................ (employee/employer/Union Branch) 2

Address   ................................................
................................................
................................................

To:   ....................................................

(Union Branch/Union District
Secretary/District Labour Officer) 3

Address   ................................................
................................................
................................................

To:   ....................................................

(Union Branch/Union District
Secretary/District Labour Officer) 4

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)   .......................................


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