Tanzania: House passes changes to employment laws [the Employment and Labour Laws (Miscellaneous Amendments) Act 2015]

The National Assembly on Monday unanimously endorsed the Employment and Labour Laws (Miscellaneous Amendments) Act 2015, which gives room for employees to choose whether to go on working or go on leave.

Winding up, Minister for Labour and Employment, Ms Gaudencia Kabaka, told the House that the Bill proposed to amend certain labour laws.

Among others, she said the proposed amendment sought to make it possible for an employer to obtain the consent of an employee for the forfeiture of his/her annual leave on certain conditions.

Ms Kabaka said the aim of the amendment was to enable the employer to obtain service from the employee even when he/she was on leave as long as the employee compromised his/her annual leave.

The amendment also gives room for the employee to choose whether she/he wishes to work or go on leave.

The amendments also propose the introduction of a new section in order to confer an over-riding effect to the Employment and Labour Relations Act, where there is conflict with any other written law regarding employment standards stipulated under the Employment and Labour Relations Act She further said that it was proposed to have only two national wage boards, one for public sector and the other for the private sector, so as to have a minimum set of wages, terms and conditions of employment, unlike in the past where there were several such boards.

“Under the proposed amendments the minister will be empowered to appoint Assistant Labour Commissioners who will assist the Labour Commissioner in the performance of his functions,” she said. It was also proposed to give labour officers additional powers to educate, oversee and implement labour laws, to conduct or scrutinize any election or ballot of any registered trade union or employers association by court order or at the request of a respective union or association.

She said that it was also proposed to amend the LAPF Pensions Act, Cap. 407 with a view to expressly providing for the granting of pension to members of the police, prison and fire and rescue forces who retire in accordance with the requirements of the laws governing their engagement.

This is to make it commensurate with the Public Service Retirement Benefits Act, Cap. 371 and will make LAPF Pensions Scheme equally competitive to other pension schemes.

Contributing earlier, Vice-Chairman of the Social Services Committee Albert Obama praised the government for making amendments aimed at improving the condition of employees in the country but said stakeholders had their reservations on the proposed amendment that will grant pension to police force, prison service and fire and rescue, saying it will go against the Social Security Regulatory Authority (SSRA).

Tabora Urban Lawmaker, Ismail Aden Rage (CCM), lauded the government for coming up with amendments, saying it will give room for workers to choose when they wanted to go on leave. However, Rage insisted that at a time when employee decides to forfeit leave he/she should be paid accordingly and in appropriate time.

Source: Daily News (8/7/2015)