Forced to work on Saturdays

I am a youth who has recently secured a job on permanent term contract in a local company based in Southern Tanzania. According to the Company’s Human Resources Policy, Saturday is a working day. However, I am a Christian of Seventh Day Adventist who does not work on Saturday because of my faith, Saturday is regarded as a Holy Day meant for worship and rest. Our company’s head of Human Resources is questioning me for absenteeism from work on Saturdays. Despite telling him that Saturday is my worship day, he does not want to understand. The head of HR has intimated that he will deduct the Saturdays I have not been going to work from my annual leave days which means I will have zero balance of annual leave every year. I feel I am being treated unfairly and wish to know if the employer is allowed to force me to work on Saturdays which is my worship day. Secondly, advise me on the legality of my consent to allow Saturdays to be deducted from annual leave and not have annual leave every year.
AM, Songea

Employees who worship on Saturdays have the right to rest on Saturdays. The right to worship is guaranteed by Article 1 of the Discrimination (Employment and Occupation) Convention, 1958; Article 19(1) of the Constitution of Tanzania and section 7(4)(g) of the Employment and Labour Relations Act. An employment policy or practice which denies an employee the right to worship or keep his faith is a nullity because such a policy or practice contravenes not only the Constitution of Tanzania which is the superior law of the land but also the Employment and Labour Relations Act from which all the employment policies and practices derive their validity. It is wrong for the employer to offset the employee’s right to rest on Saturday for worship from his annual leave. The right to rest on Saturday for those who worship on that day and the right to annual leave are two distinct rights. Moreover, under section 31(6) of the Employment and Labour Relations Act, an employer is not allowed to require an employee to work for a continuous period of two years even if the employee is paid double for working during the time he was supposed to be on annual leave. So, your arrangement with the head of HR not to take annual leave is unenforceable.