under the non-citizen (employment regulation) Act no. 1 of 2015 The Labour Commissioner recently issued a Public Notice requiring all non-citizens working in Tanzania to submit their work permits to their nearest area labour offices for verification within 30 days from the date of notice (22 February 2017). Further information Legal basis If you would like further information Pursuant to section 5 (2) (c) and section 21 of the Non-Citizen (Employment on any issue raised in this update Regulation) Act no.1 of 2015 (the Act), the Labour Commissioner has the power please feel free to contact: to perform any act for the better carrying out of his functions under the Act. This includes inspecting any place of employment, calling for, examining and Peter Kasanda recording all documents relating to employment for the purposes of ensuring Partner compliance with the provisions of the Act. E: peter.kasanda@clydeco.com T: +255 768 983 003 The process for verification Michael Strain A non-citizen in possession of a work permit is required to submit the original Legal Director copy of the work permit along with two photocopies to the Labour Commissioner E: michael.strain@clydeco.com at the nearest labour office. The labour office will acknowledge receipt of the T: +255 768 983 025 permit by stamping one of the copies and returning the original permit to the holder. The name and work permit number of the holder will be entered into a Gerald Nangi register for record keeping purposes. Senior Associate E: gerald.nangi@clydeco.com Our current understanding is that it is not mandatory for the non-citizen to T: +255 76 898 3017 personally attend the labour offices for such verification. Brian Mambosho Possible outcomes Associate E: brian.mambosho@clydeco.com Should the Labour Commissioner discover any evidence of non-compliance T: +255 768 983 009 during the inspection process, pursuant to section 5 (2) of the Act, the Labour Commissioner has the power to issue, vary, renew or cancel any work permit Clyde & Co Tanzania issued under the Act. 11th Floor, Golden Jubilee Towers Ohio Street, PO Box 80512 Appeals Dar es Salaam, Tanzania Any person whose work permit is cancelled as a result of this exercise, may T: +255 768 983 000/022 appeal to the Minister responsible for labour and employment matters within 30 F: +255 222 103 004 days from the decision of the Labour Commissioner.
Further advice should be taken before relying on Caution
the contents of this summary. Please note that all employers should ensure they have submitted returns on Clyde & Co LLP accepts no responsibility for loss employment of non-citizens in the form attached to this updater. occasioned to any person acting or refraining from acting as a result of material contained in This is a requirement under section 16 of the Act which requires that every this summary. person who employs or engages a non-citizen in any occupation shall, on 30 June No part of this summary may be used, and 31 December of every year, submit to the Labour Commissioner returns on reproduced, stored in a retrieval system or employment of non-citizens so employed or engaged in a prescribed form. transmitted in any form or by any means, electronic, mechanical, photocopying, reading or otherwise without the prior permission of Contact us Clyde & Co LLP. This special briefing is prepared for clients and contacts of Clyde & Co. We aim to Clyde & Co LLP is a limited liability partnership keep our clients abreast of regulatory developments in Tanzania. registered in England and Wales. Authorised and regulated by the Solicitors Regulation Authority. Clyde & Co LLP 2017 www.clydeco.com CC011722 - February 2017