Every person without discrimination
of any kind is entitled to remuneration commensurate with work and all persons
working according to their ability shall be remunerated according to the
measure and qualification for the work. Every person is entitled to just
remuneration. (Art. 22 of the Constitution). The wage rates are determined by Wage Boards constituted in
accordance with Labour Institutions Order 2007.
The minimum wage rates have
been fixed under the Wages Order 2013. While determining the minimum wage, the Wage Board takes into account
all relevant factors including the cost of living, level of wages and income in
the country, economic development, level of employment, the minimum subsistence
level, ability of employers to carry on their businesses, operation of small,
medium and micro enterprises, the remuneration and terms and conditions of
employment of employees employed in the East African Community in the sector,
any collective agreements providing for remuneration and terms and conditions
of employment in the sector, alleviation of poverty and any other relevant
matter. (section 37 of the Labour Institutions Act, 2004).
Minimum wage rates
are determined for the following sectors: Health services; agriculture services;
Trade, industries and commercial services; communication services; mining;
Private schools services (Nursery, Primary and Secondary schools); Domestic and
Hospital Services; Private Security Services; Energy Services; Transport
Services; Construction Services; Fishing and Marine Services; and Other sectors
not mentioned above.
Learn more about minimum
wages in Tanzania.
Wages Order 2013
Night Work
If a worker usually works at night, he has to be paid a night premium of 5% over and above his normal wage rate. If that worker is working at night (as overtime), he has to be paid a night premium + overtime premium.Regular Pay
The law regulates the payment of wages to all classes of workers. Wages can be calculated on hourly, daily, weekly or monthly basis. Employer should pay the employee his wages during the working hours at the place of work on agreed pay day in a sealed envelope if payment is made in cash or through check. Employment and Labour Relations Act, No. 6, 2004, Sec. 26-27Overtime
In accordance with
the section 19 of Employment and Labour Relations Act 2004, employees can be
required to work 6 days a week. The normal working hours are 9 hours a day and
45 hours a week. If a worker works beyond the stipulated working hours, he is
entitled to an overtime pay that is one and a half time (1.5 of X or 150%) the
rate of his ordinary pay. The
weekly hours limit does not apply to employees who manage other employees on
behalf of the employer and who report directly to a senior management employee.
An employer may not require an employee to work more than 12 hours in a day and
more than 50 hours overtime in a 4 week cycle. A written agreement may require
or permit an employee to work up to twelve hours in a day inclusive of any meal
interval without receiving overtime pay. However, such agreement may not
require or permit an employee to work more than 5 days and 45 hours as well 10
hours of overtime in a week. A collective agreement may also provide for averaging
of ordinary and overtime hours over an agreed period (not greater than one
year) however such agreement may not require or permit the work to work more
than 40 ordinary hours of work per week calculated over the agreed period and
ten hours overtime per week calculated over the agreed period. The overtime
limit does not apply to (i) the employees who manage other employees on behalf
of the employer and who report directly to a senior management employee; or
(ii) emergency work which cannot be performed by employees during their
ordinary hours of work; and (iii) where an applicable collective agreement
provides for the averaging of the overtime hours of work over an agreed period
not exceeding one year, subject to a limit of ten overtime hours per week on average.
(Section 17-22 of Employment and Labour Relations Act 2004)Employment and Labour Relations Act, No. 6, 2004, Sec. 19
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