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🇹🇿 Tanzania·Compliance

The Tanzania Employment and Labour Relations Act 2004: HR Essentials

A clause-by-clause walk-through of the Tanzanian ELRA — what it requires of employers, where the litigation risk concentrates, and how to stay compliant.

By Zaajira Editorial 13 May 2026 12 min read

The Employment and Labour Relations Act 2004 (ELRA) is the foundation of the Tanzanian employment relationship. This article walks through the Act in the order an employer encounters it.

Pre-hire

  • ☐ No discriminatory advertising.
  • ☐ Salary band agreed internally.
  • ☐ Job description documented.

At hire

  • ☐ Written contract for engagements over 6 months.
  • ☐ Probation up to 6 months max.
  • ☐ Statement of particulars within reasonable time of starting.

Leave entitlements

  • Annual leave — 28 consecutive days per leave cycle.
  • Sick leave — 126 days per leave cycle (first 63 at full pay, next 63 at half pay).
  • Maternity leave — 84 days at full pay (98 days for multiple birth), once every 3 years.
  • Paternity leave — 3 days within 7 days of birth.
  • Public holidays — observed.

Working hours

  • Maximum 9 hours per day.
  • Maximum 45 hours per week.
  • Overtime at 1.5x for normal days, 2x for weekly rest days and public holidays.
  • Maximum 50 hours overtime in any 4-week period.

Termination

  • Notice periods — 7 days for monthly probation, then minimum 28 days for monthly-paid employees.
  • Pre-termination process — fair reason + fair procedure required. Hearing with right to representation.
  • Severance pay — minimum 7 days'' wages per completed year of service for retrenchment.
  • Certificate of service — must be issued at exit.

Disputes

  • Internal grievance procedure mandatory.
  • CMA (Commission for Mediation and Arbitration) handles unresolved disputes.
  • Labour Court for review of CMA decisions.

Common ELRA pitfalls

  1. Probation extended past 6 months. Renders the employee a permanent employee by operation of law.
  2. No documented hearing before dismissal. Almost always loses at the CMA.
  3. Selection criteria for retrenchment not documented. Major source of disputes.
  4. Overtime caps exceeded. Routinely cited in CMA awards.

Key takeaways

  • Probation max 6 months, no extensions.
  • Pre-termination hearing mandatory.
  • 28 working days annual leave is more generous than many neighbouring markets — budget accordingly.

Informational only — engage a Tanzanian employment lawyer for case-specific issues.

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