Mastering A sources of Labour Law In Tanzania

what is labour law?
Labour law it is branch of law deals with the relationship between the employer and the employee or master and servant relationship, in their rights and obligations of workers and employers in workplace.

The law does not confine itself on master and servant relationship but it goes further by dealing with other incidents arising out of master-servant relationship such as workers organization and other matters related.

What are sources of labour laws in Tanzania?
These are origins from which labour laws are delivered in Tanzania source of labour law includes;

1.The Constitution of the united republic of Tanzania of 1977
This is the basic law of the land, under article 22 (1) states that every person has a right to work and as far as remuneration is concerned article 23 (2) is very clear to that effect. That to say constitution recognizes the rights to work.

These are the laws which govern labour matters in Tanzania and most part of labour law in this country is codified in the statutes; these statutes are divided in Principal legislation and subsidiary legislation.

3. Legislations or Statutes

These are legislations governing labour matters in Tanzania.
1. The Employment and Labour Relations Act [CAP 366,RE.2019]
2. The labour Institutions Act [CAP 300.RE.2019]
3.The Occupational Health and safety Act.
4.The Workers’ Compensation Act (Cap 263 R.E 2008)
The Public service Act.

4.Subsidiary Legislation

1.The Employment and Labour Relations (Code of Good Practice) Rules, 2007 [GN No 42 of 2007]
2.The Labour Institutions (Mediation and Arbitration) Rules, 2007 [GN No. 64 of 2007]
3.The employment and Labour Relations (Forms) Rules, 2007 [GN March 2007]
4.The Labour Institutions and Code of Conduct for Mediators and Arbitrators Rules 2007, [GN No. 66 of 2007]
5.The Labour Institutions (Mediation and Arbitration Guidelines) Rules, 2007 [GNNo 67 of 23rd March, 2007)
6. The Public Service Regulations, 2003 (GNNo 168 of 20th June 2003)
7. The Public Service Scheme (Government Notice No 169 of 20th June 2003 )

5.Case laws or precedent
These are Case Law from precedents made previous decisions of higher courts i.e. Court of Appeal and High Court.

For instance in the case of JUWATA V KIUTA, the case was to the effect that, disputes of management employees are supposed to go directly to the Industrial Court of Tanzania without passing through the Conciliation Board

also, in the case of KITUNDU SISAL ESTATE V SHINGO MSHUTI AND OTHERS (1970) HCD 243 the case defined summary dismissal to mean termination of contract of service without notice.;

The same definition was later reiterated by the case of WALTER JAGER V CORDURA LTD t/a TANGANYIKA TORIST HOTELS AND OYSTER BAY HOTEL (1972) HCD 133 that to terminate the contract of service before it being out of its course is as much as summary dismissal.

6.Common Laws Or Received Laws
Received laws are one of the sources of law in Tanzania. This owed its origin from the time Tanganyika received from England the English Common Law, doctrines of equity, statutes of general application under article 17 (2) of the then Tanganyika Order in Council, 1920 (22/07/1920).

When Tanganyika Order in Council was repealed after independence the clause which received or rather which made English laws to be applicable in Tanganyika was enacted under section 2 (2) of the Judicature and Application of Laws Ordinance, 1961 Cap 453.

Later after the enactment of the Revised Laws the same is reflected under section – 2(2) of the Judicature and Application of Laws Act, (Cap 358 R.E 2019).

In the field of Labour laws the same is reflected as the position of the English cases and other common law countries have been cited as authorities as the sources of law in Tanzania.

The good example can be drawn from the cases of GOULD V MINISTER OF NATIONAL INSURANCE AND ANOTHER (1951) ALL E.R 368; the case is an authority in distinguishing contract of service and contract for services.

Furthermore, an Indian case of SUCKBANA SINGH V STATE OF PUNJAB AIR 1962 S.C 1711 the case which is an authority on probations.

7.International and Regional Conventions
1. united nations universal

2. declarations of human rights

3. united nations convention on the rights of child.

4. united nations convention on the elimination of all forms of discrimination against women.

8.Books from prominent writers