March 6, 2024
Legal Articles
ZANZIBAR EMPLOYMENT LAW COMPLIANCE BASICS: WHAT YOU NEED TO KNOW
A. INTRODUCTION: BACKGROUND AND CONTEXT
Understanding Zanzibar’s employment laws is essential for fostering fair and productive workplaces, fostering economic growth, and ensuring compliance with legal requirements. In this article my aim is to provide essential insights into the local employment laws and regulations, enabling employers and employees to navigate the intricacies of Labor relations effectively. We will also take into account the recent amendments to various labour laws over the last couple of years and their effects on business compliance.
B. STATEMENT OF THE ISSUE
Ensuring compliance with employment laws is of paramount importance for both employers and employees. However, navigating the intricate web of Labor regulations and requirements can be a complex and challenging task.
This material aims to address the issue of understanding and adhering to Zanzibar’s employment laws, which frequently evolve, leaving employers and employees alike struggling to keep up. A lack of knowledge of these laws can lead to legal disputes, financial penalties, and strained workplace relationships, making it essential for all stakeholders to stay informed and compliant.
C. LEGAL PRINCIPLES & APPLICATION OF THE LAW: ANALYSIS AND DISCUSSION
It is my hope that this serves as a crucial compass for both employers and employees alike, navigating the legislations that govern the workplace in Zanzibar. We will uncover the essential elements that shape employment relationships and shed light on the key factors that ensure adherence to the law. Our discussion below is based on the following enabling provisions:
- The Labor relations Act, no. 1 of 2005.
- The workmen’s compensation Act, no. 15 of 1989.
- The employment act, no. 11 of 2005.
- The occupational safety and health Act, 2005
- The Zanzibar industrial courts rules, 2021.
- The Zanzibar nurses and midwives’ council Act, 2014
- The labour relations regulation, 2011 (mediation and arbitration)
- Employment regulations of anti-sexual harassment and anti-gender discrimination, 2013
- Employment regulations (contracts of service), 2013.
- Employment regulations on special categories, 2013.
- Employment Regulations (Minimum wage) 2023.
1. Employment Contracts
No person shall be employed under any contract of service except in accordance with the provisions of the Employment Act No. 11 of 2005. As such Contracts should be in writing and should clearly outline the terms and conditions of employment, including job responsibilities, working hours, compensation, and benefits. According to Section 44 of theAct, the types of contracts of service shall include:
- Permanent contracts which are Indefinite or long-term.
- Temporary contract which are for a fixed period; and
- Daily paid contract.
- Oral Contracts: Section 45 of the Employment Act No. 11 of 2005 talks about oral contracts for employment. It says that if you have a job agreement that doesn’t need to be written down, the time you can work in that job should not be more than six months. However, after that period, if the employer still wants you to work for them, you both can make a written agreement for your employment.
- Transfer of contracts: Section 49 of the E.A No. 11 of 2005 explains further and states that no written contract of service shall be transferred from one employer to another without the consent of the employee and an endorsement by the labour officer.
2. Minimum Wage
Zanzibar has established a minimum wage, which is periodically reviewed and adjusted. Employers must pay their employees at least the minimum wage applicable to their sector or industry. below are the current minimum wage guidelines;
TYPE OF EMPLOYEE | MINIMUM WAGE | |
Employees with fixed-term written contracts | TZS.347,000. | |
Employees with written contracts for small institutions specified in the regulations | TZS.250,000. | |
Skilled Daily Laborers | TZS.30,000. | |
Unkilled Daily Laborers | TZS.25,000. | |
Domestic/HouseHold workers. |
| |
Expats | USD.1,000. |
3. Working Hours
The standard working week in Zanzibar typically consists of 45 hours, with 8 hours per day from Monday to Friday and 5 hours on Saturday with a one hour break. Overtime is subject to additional compensation.
- Employees should work no more than 8 hours a day or 42 hours a week.
- If there’s an agreement among employees and the employer, the work hours can be spread out over four months, but no one should work more than 45 hours a week or 10 hours a day on average during that time.
- This agreement will end after 12 months.
- If employees work in shifts, they can work more than 8 hours a day or 42 hours a week, but the average over a specific period should not go over 48 hours a week.
- If a job has at least 8 hours of work per day, employees should get a one-hour break each day.
- Employers must give their employees an unpaid one-hour break.
Overtime Pay:
- On regular workdays, the employee must be paid at least double the usual hourly rate for any overtime worked. The formula for calculating this is: (monthly salary and overtime hours x 2/30) divided by 8.
- On holidays and public holidays, the employee should be paid at least two and a half times the usual hourly rate for overtime worked, but this payment is for a full eight hours of work. The formula is: (monthly salary and overtime hours x 2.5/30) divided by 8.
- If the employee works more than eight hours of overtime on a regular workday, they should be paid at least three times the regular hourly rate for those additional hours.
- Employees are entitled to a day of rest after working for their employer for six consecutive days.
4. Leave and Holidays.
Employees are entitled to annual leave, sick leave, and public holidays as stipulated by labor laws. The specific entitlements may vary depending on the length of employment and other factors. Here’s a breakdown:
- Every Year:
- Every employee is entitled to a holiday with full pay once every calendar year.
- This entitlement is for seven days for every continuous four months of service.
- The specific time for this holiday is to be agreed upon by the employer and the employee.
- Public Holidays:
- Employees get a day’s holiday with full pay on public holidays during their employment.
- If an employee works on a public holiday, they are entitled to a day off with full pay on another workday.
- However, if the employee is paid at least double the normal rate for working on a public holiday, they won’t get an additional day off in lieu of that holiday.
- No Giving Up Rights:
- Any agreement where an employee gives up the right to the minimum annual holiday or forgoes it in exchange for compensation or other reasons is not valid.
- Division of Leave:
- Employers and employees can agree to split the annual paid leave into two parts.
- At least two uninterrupted working weeks of leave should be granted within one year.
- The remaining leave should be taken within eighteen months from the end of the year in which the holiday entitlement arose.
5. Termination and Notice Periods
Termination of employment must adhere to the provisions outlined in the employment contract and labor laws. The notice period for valid termination under the employment act is;
- not less than two weeks, where the employee has been employed for a period of more than six months but less than one year;
- not less than one month, where the employee has been employed for a period of more than twelve months but less than five years;
- Not less than three months where the employee has been employed for a period of five years and more.
6. Health and Safety
Employers are obligated to provide a safe and healthy working environment for their employees. Compliance with occupational health and safety (OSHA) regulations is essential. All work places are thereby legally required to have an osha certificate from the labour commission.
7. Discrimination and Harassment
Discrimination and harassment based on race, gender, religion, disability, or other protected characteristics are prohibited under Zanzibar’s Labor laws.
8. Trade Unions
- In simple terms, the Labour Relations Act of 2005 outlines the fundamental rights of employees. It says that every worker has the right to join and be a part of a trade union. Additionally, they can be a member of a federation of trade unions, and this right is protected by the law.
- The Act also emphasizes that any agreement or employment contract term trying to prevent an employee from exercising their rights under the Labour Relations Act is not valid. This applies regardless of whether the agreement was made before or after the Act came into effect.
9. Work Permits
Non-citizens working in Zanzibar must obtain a valid work permit from the labor. It is illegal for expats to work in Zanzibar without a work permit. Among the documents required are; curriculum vitae (c. v), job description, copy of passport, copy of academic certificates, medical examination report, and a police clearance from country of origin.
10. Dispute Resolution
Disputes between employers and employees are typically first resolved within the workplace hence It is advisable to ensure that grievance procedures are established within the workplace. Should disputes fail to be resolved within the organization, the Dispute Handling Unit (DHU) in the labor commission has been granted powers to entertain and decide labor disputes through mediation and arbitration. In addition to this platform, the Industrial court also has mandate to entertain and decide labor cases at the High Court level.
D. CONCLUSION
It’s important to note that employment laws and regulations may change over time, so it’s advisable to consult with legal experts or the relevant government agencies to ensure compliance with the latest rules and regulations in Zanzibar. Additionally, seeking legal advice and guidance can help both employers and employees understand their rights and responsibilities under the law.
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