We are a construction company with a large operation in Tanzania. Our operations are expanding rapidly leading to an increase in the workload and the need for additional manpower. In a bid to meet these demands, the company plans to hire day workers temporarily to assist with various tasks. However, the management is unsure whether the daily employment contract is lawful under Tanzanian labour laws. We seek your guidance.
According to section 14 of the Employment and Labour Relations Act [Cap. 366 R.E. 2019], only managers and professionals can sign a contract for a specified period with the employer. In view of regulation 11 of the Employment and Labour Relations (General) Regulations, 2017, duration of such contract for unspecified term should not be less than 12 months. However, if the work for which the employees are intended to be recruited is a short term project, the employer can sign with such employees a contract for a specific task. There is nothing like a daily employment agreement under the employment and labour laws of Tanzania but payment can be made daily. In a contract for a specific task the employer and the employee can agree on the modality of payment that the employee will be paid daily. However, you need to bear in mind that an employee working on a contract for a specific task, is entitled to all the employment rights.