This Law is cited as THE LABOUR LAWS (AMENDMENTS) ACT, 2025. It was enacted by the parliament and assented to by Samia Suluhu Hassan, the President of the United Republic of Tanzania, on the 4th of March 2025. It was published in the Government Gazette No. 4, Volume 106, dated the 14th of March 2025.

The law amends some (not all) provisions of the following acts:

• NON-CITIZENS (EMPLOYMENT REGULATIONS) ACT, CAP. 436
• EMPLOYMENT AND LABOUR RELATIONS ACT, CAP. 366
• THE LABOUR INSTITUTIONS ACT, CAP. 300

Summary of Changes Brought by this New Law:

1. Maternity and Paternity Leave for Premature Birth
2. Unpaid Emergency Leave
3. Prevention of Employer Interference in Ongoing Labour Proceedings
4. Clarification of Compensation for Unfair Termination
5. Introduction of Emergency Operations Agreements during Force Majeure
6. Restriction of Personal Representatives in Mediation of Employment and Labour Relation Matters
7. Arbitrator’s Mandate to Issue an Award for Admitted Claims

Clarifications:

1. Maternity and Paternity Leave for Premature Births
   • The law extends maternity leave for mothers of premature children until the children reach 40 weeks of gestation, which is a typical full term of pregnancy, to ensure adequate time for maternal care.
   • Further, the law extends the paternity leave for fathers of premature children to 7 days, unlike the previous position, which provided for only 3 days.
   • Note: The previous position of the law was general in that it provided for 3 months of maternity leave for mothers, regardless of the condition of birth (premature or matured birth).
2. Unpaid Emergency Leave
   • The law enables employers to grant employees unpaid leave for a period not exceeding 30 days (which may be extended upon agreement) on conditions as may be stipulated in the Regulations to be drawn.
3. Emergency Operations Agreements during Force Majeure
   • In order to ensure job security and safety during Force Majeure, the amendments introduce an agreement between the employer and employee in case of an outbreak or potential outbreak of infectious diseases or other emergencies which are likely to affect the safety of employees or disrupt operations and production at the workplace.
   • The said agreement should consider the interests of both the employer and employee.
4. Prevention of Employer Interference in Ongoing Labour Proceedings
   • The amendments introduce a new provision under section 37 which prevents employers from initiating or continuing disciplinary proceedings against an employee where a dispute is referred to the Commission for Mediation and Arbitration (CMA) or Labour Court for determination.
5. Clarification of Compensation for Unfair Termination
   • Contrary to the previous positions of the law, where the employer was required to pay compensation of not less than 12 months’ remuneration to an employee who was unfairly terminated, the current law provides for a breakdown of compensation for unfair termination. The said breakdown, which is based on the procedure and reasons for termination, sets a maximum limit on the awarded compensation as follows:
     • Procedurally Unfair Termination: Minimum 6 months’ salary, and maximum 12 months’ salary.
     • Substantially Unfair Termination: Minimum 12 months’ salary, and maximum 18 months’ salary.
     • Both Procedurally and Substantially Unfair Termination: Minimum 12 months’ salary, and maximum 20 months’ salary.
     • Discrimination or Harassment at Work: Minimum 12 months’ salary, and maximum 24 months’ salary.
6. Arbitrator’s Mandate to Issue an Award for Admitted Claims
   • The law allows the Arbitrator to issue an award where a party to a dispute admits the claims or part of the claims.
   • It mandates an Arbitrator or Labour Court (as the case may be) where the employer commits a material breach of a fixed-term contract to order the employer to pay compensation to the employee equal to the remuneration for the remaining term of the contract.
7. Non-Citizens with Work Permits
   • The law provides that non-citizens with work permit Class A, who intend to engage with another company in which they hold shares, must obtain written authorization from the Labour Commissioner before engaging.
   • In addition, the new law allows refugees with refugee status to continue working regardless of the time limit of their work permit.

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Adv. Yahaya Omary
C.E.O, Dar HR Consultants