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Written Agreements

A written contract is mandatory if the employee is to work outside of Tanzania. If there is no written contract, the employer must provide a written statement of employment particulars. This statement must include details on both the employee and the employer's identities, place of work, remuneration, working hours, contract duration, etc.

Employers must keep this statement for 5 years after termination of the contract.

Oral Agreements

The burden of proving or disproving an alleged term of employment, in the absence of a written contract or written particulars of the agreement, falls on the employer.

Implied Agreements

In Tanzania, there are no provisions or guidance on implied contracts. In the absence of a written contract, the burden of proving or disproving an alleged term of employment falls on the employer.

In Tanzania, the maximum number of working hours is 9 hours per day and 45 hours per week. If a written agreement exists, employees working greater than this number are eligible for overtime, but no more than 50 overtime hours are permitted in any 4-week cycle.

Employees above 14 and under 18 years of age are allowed to work for no more than 6 hours a day. Those who are still students can only work for a maximum of 3 hours per day.

New Year’s Day (January 1), Zanzibar Revolution Day (January 12), Good Friday (April), Easter Sunday (April), Easter Monday (April), The Sheikh Abeid Amani Karume Day (April7), Union Day (April 26), May Day / International Workers’ Day (May 1), Eid El Fitre, Saba Saba Day (July 7), Nane Nane Day / Farmers Day (August 8), Eid al-Adha, Uhuru Torch Race (October 14), Independence Day Celebrations (December 9), Mawlid Day (December 25), Christmas Day (December 25), Boxing Day (December 26).

In Tanzania, employees can be put on trial for at least 6 months and the procedure of layoffs will be provided in the manual. Probationary periods cannot exceed 12 months and can be extended after consultation with the employee. To dismiss an employee on probation, employees must be given a statement of their conduct and sufficient time to improve their performance before they are dismissed. Employees on probation are entitled to representation by trade unions.

Notice Period

According to the Employment and Labor Relations Act of 2004, the notice period is as follows:

• No less than 7 days if given in the first month
• A minimum of 4 days’ notice after the first month, if employment is on a daily or weekly basis
• A minimum of 28 days if the employee is employed on a monthly basis

The notice must be given in writing and must state both the reason for termination and the date on which the notice is given. The notice period can be waived by paying the remuneration that the employee would have received during the notice period if they had worked.

Severance Benefits

In Tanzania, employees who have worked for an employer for at least a year are entitled to severance pay upon dismissal. Severance benefits are paid as 7 days' basic wage for each year of continuous service completed with that employer, up to a maximum of 10 years.

Severance benefits are not paid if the employee is dismissed fairly on the grounds of misconduct.

Minimum Wage

The current minimum wage rates for the mainland range from TZS 140,000 (Tanzanian shilling) in the agriculture sector to TZS 592,000 for mining, communication and commercial services.

In Tanzania, the Minimum Wage Board sets the minimum wage by sector as per the Labor Institutions Act.

Wages must be paid at the end of the contract period on a mutually agreed day, daily, weekly or monthly.

Overtime, Holiday & Vacation Pay

Work done beyond 9 hours a day or 45 hours a week is considered overtime. Overtime work is paid at least 1.5 times the basic wage when done during the day, and an additional 5% is paid for overtime done during the night. Employees may only work overtime in accordance with an agreement, and no more than 50 overtime hours in any 4-week cycle are permitted. Collective agreements can limit overtime to 10 hours per week. Young employees cannot be allowed to work overtime.

Work done during holidays or weekly rest days is paid at twice the employee's basic wage for each hour worked on that day.

Annual leave is paid in advance at normal wage rates.

Visas

• Ordinary visa (single entry) - granted to foreign nationals for the purposes of tourism, leisure, holiday, attending a conference, humanitarian and charity activities, family visit, health treatment, or any other purpose, valid for 90 days. US citizens are not eligible for this visa.
• Multiple entry visa - issued to foreign nationals whose visit purposes call for frequent visits to Tanzania, valid for 12 months, but holders are required to leave the country every three months.
• Transit visa - issued to foreign nationals to transit through to another destination outside Tanzania, valid for a maximum of seven days.
• Business visa - issued to foreign nationals who visit Tanzania for special assignments such as fixing/repairing machines or running short-term training, short-term professional roles, or any other short-term lawful business-related task, valid for 90 days.
• Student visa - issued to foreign nationals who enter Tanzania for academic purposes such as research, internship, volunteering, student exchange, and students admitted in recognized and legally registered institutions. It is valid for a maximum of two years.
• Gratis visa - issued for a single entry or multiple entries to a holder of a diplomatic, services, or official passport, or to a holder of a travel document of a recognized international organization who is on official duty and their dependents.
• Referral visa - issued to foreign nationals from countries that require special clearance from the Commissioner General of Immigration or the Commissioner of Immigration (Zanzibar) before issuance of the visa.

Work Permits

Foreign nationals seeking employment in Tanzania are required to obtain a work permit and residence permit. The Labour Commissioner issues a work permit. An employee must apply for a work permit before entering Tanzania. Applicants must be above 18 years of age.

The prospective employer should provide sufficient evidence that there is no suitably qualified employee in the Tanzanian labor market, have a well-known physical address, and be duly registered by the relevant authorities in the United Republic of Tanzania.

The Department of Immigration issues a residence permit after the foreign national enters Tanzania. The application for a residence permit must include the work permit issued to the foreign national. The maximum validity of a residence permit is two years. However, it can be renewed.