The Minister of State under Prime Minister’s Office responsible for Labour, Youth, Employment and Persons with Disability recently has issued the Non–Citizen (Employment Regulations) Regulations 2016 vide Government Gazette Number 331 dated 30th December 2016.
The Regulations, which are made under the Non-Citizens (Employment Regulations) Chapter 436 of the Laws, provide various clarifications on the procedures, timelines and compliance document for checklists while processing each type of work permit, grounds for exemptions and procedure for obtaining approval for bulk recruitment for specific projects in Tanzania.
According to the Regulations, the Labour Commissioner may within 14 days approve or reject any submitted applications and communicate the same to the applicant.
The Labour Commissioner shall not issue a work permit unless he is satisfied of the following criteria and conditions:
An employer wishing to make bulk recruitment shall seek permission of the Labour Commissioner in writing. Regulations 2 states bulk recruitment as recruitment of many non-citizen employees in phases for the execution of specific project within a specified period of time.
The ration in determining bulk recruitment is being regarded by the Labour Commissioner that; in the event that bulk recruitment work permits are granted, the work permit may be granted at a ratio of ten local employees to one non-citizen employee.
The current regulations has imposed restrictions of using work permit as a residence permit, whereas under Regulations 11 stipulate that:
The latter clearly clarifies that an investor or the employee intend to work and reside in Tanzania must have both work and residence permits prior to commencement of employment or business in Tanzania.
Any employer who wishes to employ a non-citizen and he is restricted by the conditions imposed by the law which requires certain post(s) to be filled by only Tanzanians citizens shall apply in writing to the Minister for an exemption from application of the provision of the Act. In doing so, the Minister shall seek advice from the Labour Commissioner and may communicate her/his decision within 14 days. The granted exemption may further be amended or withdrawn by the Minister after consultation with the Labour Commissioner.
In issuing the exemption the Minister may take into account waiver of fees specified under the provisions of the Regional, Bilateral, Multilateral Agreements and Memorandum of Understanding in which the United Republic is a signatory.
This editorial is intended to give you a general over view of the Law. If you would like further information on any issue raised in this column, please contact.
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