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HAKIKA LAW PARTNERS

HAKIKA LAW PARTNERS

Arusha, Tanzania

Free Consultation: 30 mins


Founded in 2015
8 people in their team
Discover Hakika Law Partners, a distinguished Tanzanian corporate and commercial law boutique firm, dedicated in delivering exceptional legal...
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About Wage & Hour Law in Arusha, Tanzania

The Wage and Hour law in Arusha, as in the rest of Tanzania, is governed by the Employment and Labor Relations Act of 2004. This Act regulates wage and hour issues, including minimum wage, overtime pay, and work hours. Tanzania has set provisions regarding payment, including the stipulation that wages must be paid directly to an employee in legal tender and typically are due at the end of the pay cycle.

Why You May Need a Lawyer

Legal advice can be essential in various situations concerning wage and hour laws. For instance, if you believe your employer is violating your rights by not paying the minimum wage, withholding overtime pay, or enforcing illegal work schedules, then you might need legal assistance. It's also crucial to have a lawyer if you have been unfairly terminated, discriminated against, or if there exist contractual discrepancies considering your wage. Lawyers can help you understand your rights and guide you through the necessary legal processes.

Local Laws Overview

The chief laws regulating employment in Arusha, Tanzania are the Employment and Labor Relations Act of 2004 and the Employment and Labor Relations Regulations of 2007. Together, these laws define the rights of employees and the obligations of employers.

Salient provisions include a standard workweek of 45 hours, distributed in five to six days. Overtime pay is required for work above this limit, and the Act generally prohibits excessive compulsory overtime. As for the minimum wage, it varies across different sectors and is set by the National Minimum Wage Board.

Frequently Asked Questions

1. What is the current minimum wage in Arusha, Tanzania?

The minimum wage in Tanzania varies depending on the sector of work and is periodically reviewed by the government. You should refer to the latest government orders for the most recent figures.

2. Can an employer withhold my wages?

Under normal circumstances, an employer cannot withhold your wages. If such a situation arises, it could be considered a violation of the Employment and Labor Relations Act of 2004.

3. What is the maximum limit for overtime pay?

The Employment and Labor Relations Act requires employers to pay employees for overtime. Still, there are regulations on the maximum hours of overtime permissible, which is generally not more than twelve hours a week.

4. If I feel my rights are being violated, what steps can I take?

If you believe your rights are being infringed, it's best first to bring up the matter with your employer. If the situation persists, you may consider seeking legal advice and filing a complaint with the local labor authorities or court.

5. Can an employer fire me for refusing to work overtime?

The law protects an employee's right to refuse to work overtime if it exceeds the legal limit or if obligatory overtime is not mentioned in your employment contract. An employer may not be able to fire you for such a reason.

6. I am not registered as an employee, do I still have rights?

Even if you're not officially recognized as a worker, the Tanzania law may still cover you. If you are doing work that can be considered 'employee work' under the Employment and Labor Relations Act, you may have the same rights as registered workers.

7. What can constitute 'discrimination' in wage?

The law safeguards against any form of discrimination, including gender, race, religion, or ethnic group, in regards to payment.

8. Is there a system of wage grading in Tanzania?

Yes, Tanzania has a system of wage grading that is sector-dependent. This system is used to determine the minimum wage.

9. Can I be forced to work on public holidays?

Employees generally have the right to refuse to work on public holidays. However, your employment contract may have specific terms regarding work on public holidays and pay rates for such work.

10. What are night hours as per Tanzanian labor laws?

Night hours are usually defined as the period between 8 pm and 6 am. Each sector may have slightly different regulations regarding night work, including stipulated extra pay for such hours.

Additional Resources

Additional resources to help you understand the wage and hour laws include the Ministry of Labour, Employment and Youth Development and the Employment and Labor Relations Act of 2004. These resources can provide a detailed understanding of the rights of workers and the obligations of employers.

Next Steps

If you feel your rights have been violated, the first recommended step is to bring the matter up with your employer. If the violation persists, you should gather all relevant evidences such as salary slips, employment contracts, and any communication related to the issue. It's also advisable to keep a record of the incidents. You may then seek legal counsel to understand the strength of your case. If necessary, you can consider filing a complaint with local labor authorities or even taking the case to court.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.