Paid maternity leave denied

I am employed by a certain Tanzanian company since November 2015. My good performance at the company has earned me bonuses, including travelling abroad with my four children. The first three were born before I joined the company. Unfortunately, since 2024, the Company’s business started to fall drastically. In response, the Company has called for measures to keep the Company alive, including strictly observing how the employees enjoy their paid leaves. As I expect my 5th child this year, I was surprised by this news, especially now that, as per the notice received from the human resource director, I will not be able to enjoy my paid maternity leave for my fifth born (second maternity leave from the current employer). This means that as per the notice, I will only enjoy unpaid maternity leave, for I have exhausted all my paid maternity leaves. Kindly guide me.

PS, Arusha

In Tanzania, all matters relating to leaves for employees are governed by the Employment and Labour Relations Act, Cap. 366 [R.E. 2023] (the Act). Under section 34 of the Act, an employee is entitled to a paid maternity leave for 84 days within the leave cycle, which is 3 years. This means the paid maternity leave is only available once in every 3 years. Should she give birth to more than one child at the same time, she will be entitled to a 100-day maternity leave.

Despite the above, the law sets a maximum limit of terms in which an employee is entitled to a paid maternity leave. In terms of section 34(8) of the Act, an employer is only obliged to grant a paid maternity leave for 4 terms to an employee. It is noted that you had 3 children before 2015 when you joined the company. It should be noted that the law is intended to protect employers’ businesses against multiple paid maternity leaves. This stems from the fact that much as a paid maternity leave is a right under the law, from business perspective, it is a pay without work. In this regard, 4 terms, as reflected under the law, are only relevant insofar as one employer is concerned. Should one give birth before they commence employment relationship with their employers, such births are not expected to form part of the 4 terms provided by the law.

In your case, you have enjoyed only one paid maternity leave since you joined the company and therefore are entitled to a paid maternity leave in respect of the expected birth, and two more, should you decide to have more babies. We advise you initiate conversation regarding this right with your employer. Should your company insist on unpaid maternity leave, consult your attorney for guidance on how to handle the matter as you have protection of the law.

Categorisation of alcohol in Tanzania

We are a new supplier and wanted to enquire if there are any specific legal requirements based on different categories of alcohol (i.e., rum vs. whisky vs. vodka, etc.)?

CJ, Dar es Salaam

In Tanzania all alcoholic products are governed by the same legislation. The only difference comes when determining the origin of the products and material used in its processing. The fees payable for imported alcoholic products differ from those which are locally produced and that is where the different categories are stipulated. Also, the different alcohol products attract different excise duties.

Wife deprived of wedding gift by husband

I was married in a massive wedding attended by more than 1,000 people. During the wedding ceremony, my father in law gifted us a beach plot. While we were still living together as husband and wife, I secured a loan which was used to build our mansion on that property. My husband is now claiming that both the plot and the house belong only to him because the land originally came from his father. He is insisting that I should leave the mansion so that he can stay there with his mistress and that I should go back home. What rights do I have under Tanzanian law?

EN, Dar es Salaam

Under Tanzanian law, you may have a legal interest in both the land and the house despite your husband’s claims. The fact that the plot was gifted during the wedding ceremony in the presence of many witnesses may support the position that the gift was intended for both spouses as a gift on their wedding day. In addition, the house was constructed using your loan and during the subsistence of the marriage, which is a strong evidence of contribution toward acquisition of matrimonial property. The Courts in Tanzania recognize both direct and indirect contributions made by spouses when determining ownership and division of matrimonial assets.

The established principle confirms that a spouse’s financial and non-financial contributions can create a beneficial interest in matrimonial property even where the property was originally acquired through the other spouse or his family. You should preserve all evidence relating to the wedding gift, your loan, construction expenses, and occupation of the home, and you may seek legal remedies to protect your interest and prevent unlawful eviction from the matrimonial home. Should you require further guidance, we recommend you consult your lawyer.

Merger notification requirement

Our company is undergoing an indirect change of control at the parent company level. The group has subsidiaries operating in both Tanzania and Kenya. Where would the change of control/merger notification application need to be filed?

AA, Mwanza

The filing requirement will depend on whether the transaction meets the applicable merger control thresholds and jurisdictional tests in each country. Since the group has subsidiaries in both Tanzania and Kenya, the transaction may trigger notification obligations in both jurisdictions. However, also depending on the regional turnover/asset thresholds and the nature of the transaction, a filing before the East African Community Competition Authority (EACCA) may suffice. You may consult your lawyer for more guidance subject.