The process of dismissing a worker in Tanzania is governed by the Employment and Employment Relations Act of 2004 and the Employment and Employment Laws (Code of Good Practice).
Before an employer decides to fire their employee, he or she must comply with section 37 of the Employment and Life Care Act which provides for work terminating the employer. The law sets out the principles and procedures that must be followed when completing a task and its remedies. The provisions set out regarding the termination of employment must be considered by all parties to the employment contract.
FIRE BOOK
INDUSTRY
As mentioned earlier, an employer may decide to fire their employee for a number of reasons as provided under the Employment and Labor Relations Act (the Code of Good Practice). Rule 9 (1) provides that the employer shall follow a reasonable procedure before terminating the employment of the employee which may depend to some extent on the nature of the reasons given for termination. The grounds set out under Rule 9 (4) include:
Ethics in accordance with Rule 11 and 12
Capacity as per Rule 15
Compatibility in accordance with Rule 22
Employer performance requirements in accordance with Rule 23
RESEARCH
The procedure for termination of an employee is provided for under sections 41 to 44 of the Employment Law and the labor relationship. The following paragraphs provide as follows:
Section 41- Notice of termination
The notice period shall not be less than seven days if notice is given in the first month of employment.
A notice must be issued within four days if the employee is hired daily or weekly or 28 days if the employee is hired monthly.
A notice that is longer than the one specified above may be accepted by the employer and the employee provided that the agreed notice is the same for all parties.
The notice should be in writing stating the reason for the termination and the date the notice was issued.
Additionally, the notice must be in writing stating the reasons for the termination and the date on which the notice is given. However, such notice should not be issued during any holidays taken under the Act; or run in tandem with any holiday period.
The law allows an employer to pay an employee's compensation that an employee would have received if the employee had worked during the reporting period.
If an employee refuses to work during the reporting period, the employer may be deducted, from any money due to the employee completing the work.
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