MZUMBE UNIVERSITY

FACULTY OF LAW
DEGREE PROGRAM: BACHELOR OF LAWS

COURSE NAME: ADMINISTRATIVE LAW 1

COURSE CODE: LAW 226

NATURE OF THE WORK: GROUP ASSIGNMENT

GROUP NUMBER: NUMBER 7, STREAM C
INSTRUCTOR: MR. MATUNGWA
SUBMISSION DATE: 22th January 2024

S/N NAME OF THE STUDENTS REG. NUMBER

1. CONSOLATA W. LIBONGI 1236191/T.22
2. CHRISTOPHER EDWARD 13327053/T.21
3. ANWARI A. KITILAH 1236167/T.22
4. CHRISTINA J. JOHN 1236155/T.22
5. MARIAM N. MWAKIPESILE 1236248/T.21
6. QUEEN R. MWANZWA 2631141/T.22

QUESTION:
Employment contracts in public service falls into different types and each of such
types of contracts have unique features of their own although to a certain extent they
might be sharing certain common features. Discuss

1.0 INTRODUCTION
1.1 What is an Employment contract?
An employment contract is all the rights, responsibilities, duties and employment
conditions that make up the legal relationship between an employer and employee
provided under section 14(1) of The Employment and Labour Relation Act1. It
includes a number of terms which, whether written down or not, are legally binding -
the employer's duty to pay the employee wages, for example. Different types of
contracts apply, depending on the employment status of the individual. So, it's
important to have correctly determined the employment status of the person you're
hiring before writing an employment contract2.
1.1 Employment of contracts in public service
As per section 3 of the Public Service Act3, a public servant is a person holding or
acting in a public service office. A person can serve in the service of the United
Republic of Tanzania through appointment to the public service office by any
competent appointing authority through the laid down procedures.
The term appointing authority has been defined under section 3 of the Public Service
Act4, to mean any person or authority exercising powers of making appointment to
any public service office.
1.2 Types of Employment of contracts
1.2.1 Permanent employment contracts
Refers to an employment contract apply to employees who work regular hours and are
paid a salary or hourly rate. The contracts are ongoing until terminated by either the
employer or employee and may be for full or part time work. Employees on these
contracts are entitled to the full range of statutory employment rights5.
1.2.2 Temporary or Fixed term employment contract
Refers to an employment contract give a set end date, for example six months or one
year. You may want to consider this type of contract if you're looking to cover

1
[CAP 366 R.E 2019]
2
Summers, C.W., “The Contract of Employment and the Rights of Individual Employees: Fair
representation and Employment at will” Vol. 52(6) Fordham Law Review, 1984
3
[CAP 298 R.E 2019]
4
[CAP 298 R.E 2019]
5
Brown, Michael. “Job Security for Permanent Public Servant”. Journal of Government Employment,
Vol. 15 of 2018
maternity leave, staff a big project, or take on interns. Fixed-term employees are
protected and have the same rights as permanent employees (including unfair
dismissal and redundancy pay after two-years service). You can't offer them less
favorable terms because they're fixed-term6. The fixed-term can be extended with
agreement, but you can't usually keep someone on fixed-term contracts for over four
years; at this point they become permanent employees. If the employee continues
working beyond the end date of the contract, but it's not formally renewed, there is an
'implied agreement' that the end date has changed, and the employer must still give a
proper notice period.
1.2.3 Part time employment contract
A part-time employment contract is one in which the working hours are less than the
ordinary working hours provided for by law or in the collective agreement. The legal
regime applicable to these contracts is the least number of hours worked, while part-
time workers have the same rights as the rest, unless expressly justified by the
reduced working hours7.
2.0 MAIN BODY
2.1 COMMON FEATURES EMPLOYMENT CONTRACT IN PUBLIC
SERVICE
2.1.1 It involved parties
This will be the employer and the employee, the identity of which will usually be
stated at the beginning of an employment contract. This is an essential detail to any
contract. An employee is a natural person providing a reliant and dependent service to
a natural or legal person called the employer, his or her relationship is regulated in the
employment of service. Examples: A secretary, a waiter, the director of human
resources in a company, a professor of labour law. Exclusion Several worker-
provided services are excluded from the personal scope of the employment of service
like for example: Public officials (their relationship is regulated by administrative
rules). Capacity requirements for the employee age requisites full capacity, at the age

6
“Temporary and Benefit”. Temporary Public Administration. Vol 40 of 2019
7
“Part time Employment in the Public Sector”. Government Employment Journal, Vol. 25 of 2020
of 18 and above, Limited capacity, Incapacity, under 16 years, nationality requisites,
citizen with residence and working permit. In the case of Tanzania Railways
Corporation (TRC) v. GBP (T) LTD8. It was held that party has not been joined a
necessary party.
2.1.2 It should be in written form
The employment contract is a binding agreement between two parties in which an
individual agrees to perform work in return for payment. As with any contract, the
law requires certain conditions to be met before it will recognize an employment
contract. Those conditions are: there must be an offer of employment which is
accepted by the prospective employee; each party must provide consideration in
return for the obligations undertaken by the other party the parties must have intended
to enter into a legal relationship. So, what is the best practice approach to developing
employment contracts that will protect the needs of work. A contract should be in
writing. While it is strongly recommended that a written agreement always be put in
place when engaging an employee, in the absence of such a document, an
employment contract can develop based on the conduct of the parties if someone is
performing duties for your business, excluding genuine contractors, it is more than
likely that an employment contract exists provided under section 14(2) of the
Employment and Labour Relation Act9. Regardless of whether a written or verbal
employment contract is in place, there are a number of a number of implied duties that
exist for both parties to an employment relationship. These duties include: the
requirement for an employee to follow lawful and reasonable directions; the duty of
fidelity. The written contract of employment agreement will set out the specific
details relating to an employee's engagement. Such details should include:
employment type (Fixed Term, Full Time, Part Time, Casual), commencement date,
period of employment if fixed-term, agreed hours of work, and when the work is to be
performed, location of work, agreed remuneration, payroll Frequency, probationary
Periods (where applicable), the requirement to hold any specific industry licenses or

8
Civil Appeal No. 218 of 2020
9
[CAP 366 R.E 2019]
professional registrations which are required to perform the role, post-Employment
Restraints, confidentiality Provisions and Intellectual Property.
2.1.2 It should in job description
Basic information about the job, including its title, department (if any), supervisor (if
any), and performance evaluation criteria should be covered provided under section
15(1) of the Employment and Labour Relation Act10. Employment contract is deemed
to have been made for an indefinite period from the very beginning." As it is clearly
regulated that, although the employment relationship in employment contracts is
essentially entered for indefinite period, the employment relationship can be entered
for definite period in case there are reasons such as the emergence of a particular case
and objective conditions, employment contract for definite period can be renewed at
most once, with keeping the same terms that make it valid11. Otherwise, the
employment contract is taken into consideration from the beginning as it is made for
an indefinite period. In case of renewal of the employment contract for a definite
period more than once, an "essential reason" shall exist. There are some requirements
for an employment contract for a definite period to be legally valid. The requirements
are: work being for a definite period, the contract is made for completion of a certain
work or materials of a certain event, and being in written form. The work is accepted
as work for a definite period when how much time is needed for the completion of the
work is known by the parties, especially by the employee, or when it may be known,
or when it is foreseeable.
2.1.3 It should be in duration of time
According to section 25 of the Public Service Act12, a public servant’s employment
contract may be for a specified period or for an indefinite period. The Act also
outlines provisions for probationary periods for new employees. It is important to note
that the duration of employment contracts can vary depending on the nature of the
position, level of responsibility, and specific terms agreed upon between the employer

10
[CAP 366 R.E 2019]
11
Central Statistical Office. (2013) “Preliminary Labour Force Survey Report”. Retrieved from
[Link] at 13:00 on 22th January 2024
12
2002
and employee. In general, employment contracts for public servants in Tanzania are
subject to the relevant laws and regulations governing public service. These contracts
typically include provisions related to remuneration, benefits, leave entitlements,
disciplinary procedures, and termination conditions. In the case Stanbic Bank (T) Ltd
v. Iddi Halfani13. In this case the Appellant has failed to provide a specific period of
time to Iddi Halfani a thing that led to unfair termination.
2.1.4 Should be benefits and compensation
The contract must detail salary, benefits and other remuneration packages offered to
the employee provided under section 27(1) and (2) of the Employment and Labour
Relation Act14. This includes information of bonuses allowances, and other perks an
employee will be compensated for their work should be covered, as well as what non-
salary benefits, they may receive, if any. Compensation could include wages, salary,
and bonuses provided under part iv of the Workers’ Compensation Act15. Benefits
could include medical plans, including dental and eye care; vacation allowances;
profit-sharing; stock options.
2.1.5 Grievance and Dispute Resolution
The contract should provide a clear procedure for addressing grievances and resolving
disputes between the employer and the employee. This ensures that both parties have
a fair and transparent process for addressing any issues that may arise during the
course of the employment16. Should any dispute between Employee and Employer
arise at any time out of any aspect of the employment relationship, including, but not
limited to, the hiring, performance or termination of employment or cessation of
employment with the Employer or against any employee, officer, alleged agent,
director, affiliate, subsidiary or company relationship, or relating to an application or
candidacy for employment, Employee and Employer will confer in good faith to
resolve promptly such dispute17. In the event that Employer and Employee are unable

13
Civil Appeal No. 139 of 2021
14
[CAP 366 R.E 2019]
15
[CAP 263 R.E 2015]
16
Clement J. Mashamba., Alternative Dispute Resolution in Tanzania: Law and Practice. Dar es salaam:
Mkuki na Nyoka Publisher Ltd, (2014)
17
Ibid
to resolve their dispute, and should either desire to pursue a claim against the other
party, both Employer and Employee agree to have the dispute resolved by final and
binding Arbitration18.

2.2 UNIQUE FEATURES OF EMPLOYMENT CONTRACT IN PUBLIC

SERVICE
2.2.1 Characterized with long term employment security
Permanent employment contracts are for indefinite periods and provide employees
with long-term job security. Permanent employees are entitled to a range of benefits,
including annual leave, sick leave, and access to pension schemes provided under
section 36 of the Employment and Labour Relation Act19. Job Security: Permanent
employees in Tanzania’s public service enjoy a high degree of job security, as they
are protected by law from arbitrary dismissal. This job security is particularly
important for public servants, who are responsible for providing essential services to
the population. Tenure: Permanent employees in Tanzania’s public service are
entitled to an indefinite period of employment, subject to the satisfactory performance
of their duties. This tenure provides a sense of stability and continuity for both the
employee and the employer. Salary and Benefits: Permanent employees in the
Tanzanian public service receive a fixed salary, which is determined by their job
classification and years of service provided under section 25 of the Public Service
Act20. They also enjoy a range of benefits, such as pension schemes, medical
insurance, housing allowances, and education assistance for their children provided
under section 12 of the Public Service Retirements Benefits Act21. Promotion and
Career Progression: Permanent employees in the Tanzanian public service have the
opportunity to progress in their careers through promotion and advancement. This is
based on their performance, experience, and qualifications. Protection of Rights:
Permanent employees in the Tanzanian public service have the right to form and join

18
Clement J. Mashamba., Alternative Dispute Resolution in Tanzania: Law and Practice. Dar es salaam:
Mkuki na Nyoka Publisher Ltd, (2014)
19
[CAP 366 R.E 2019]
20
[CAP 298 R.E 2019]
21
[CAP 371 R.E 2015]
trade unions, which help protect their interests and negotiate collective agreements on
their behalf.
2.2.1 Characterized with specific duration for the completion of a particular task
Temporary or fixed contracts not offer the same level of job security as permanent are
for a specified period, usually ranging from a few months to a few ears. Fixed-term
contracts are often used for temporary or project-based roles, and employees are not
entitled to the same benefits as permanent employees. Temporary employment
contracts in Tanzania’s public service often have a specific job description and tasks
that the employee is expected to perform. These tasks may be time-bound or related to
a particular project or event. Description: These regulations provide detailed
information on the conditions of service for employees in Tanzania’s public service,
including temporary employees Labour Institution Act provides for temporary
contracts in Tanzania22. It was used to understand the job description and tasks
typically associated with temporary contracts in the public service.
2.2.3 Characterized with short time
Casual contracts are short-term contracts, typically for a day or a week, and are used
for roles that require occasional or temporary coverage. Casual employees are not
entitled to the same benefits as permanent or fixed-term employees. Flexibility:
Casual employment contracts offer flexibility for both employers and employees.
Employers can easily hire and fire workers as needed, while employees have the
opportunity to work on a variety of projects without being tied to a long-term
commitment. Pay and benefits: Casual employees in Tanzania typically receive lower
pay and benefits compared to their permanent counterparts. This is because casual
employment contracts do not offer the same job security or long-term benefits as
permanent contracts. Job security: Casual employees in Tanzania do not enjoy the
same level of job security as permanent employees. They can be laid off at any time
without notice or severance pay, depending on the terms of their contract.
Opportunities for advancement: Casual employees in Tanzania may have limited
opportunities for career advancement compared to permanent employees. This is

22
[CAP 300 R.E 2019]
because they are not part of the regular promotion and development process.
Collective bargaining: Casual employees in Tanzania are generally not covered by
collective bargaining agreements, which means they may not receive the same
protections and benefits as permanent employees. Labour laws and regulations:
Casual employment contracts in Tanzania are governed by various laws and
regulations, including the Tanzania Public Service Act, 2002, the Employment and
Labour Relations Act, 2004, and the Labour Institutions Act, 1998. These laws
provide guidelines on the rights and responsibilities of both employers and
employees.
2.2.4 It involved new employees
The probationary contracts are used for new employees during their probationary
period, which usually lasts for a few months. Probationary contracts outline the
expectations and performance standards that must be met for the employee to secure a
permanent contract. Duration of Probation Period, In Tanzania, the probationary
period for public service employees generally lasts for six months. However, this
duration can vary depending on the nature of the job, the employer’s policies, and the
specific provisions outlined in the employment contract. Authoritative reference: The
Public Service Act23. Probation Objectives, the primary objectives of a probationary
employment contract in Tanzania’s public service sector are to assess an employee’s
overall performance, capabilities, and compatibility with the organization. This allows
employers to determine if the employee is a good fit for the position and the
organization before making a long-term commitment. Authoritative reference: The
Employment and Labour Relations Act, Section 3924. Evaluation Process, During the
probationary period, the employer is required to regularly evaluate the employee’s
performance, providing feedback on areas of improvement and progress. These
evaluations typically occur at mid-probation and end-probation stages. Authoritative
reference: The Employment and Labour Relations Act, Section 4025. Employers in

23
No. 8 of 2002
24
[CAP 366 R.E 2019]
25
Ibid
Tanzania’s public service sector have the right to terminate a probationary
employment contract without giving notice or severance pay if the employee fails to
meet the required performance standards or exhibits misconduct. However,
termination must be based on valid reasons and follow a fair process. Extension of
Probation Period, in some cases, the probationary period may be extended if the
employer and employee agree to do so. This extension can be beneficial for both
parties, allowing the employee additional time to acclimate to the job and the
employer to further evaluate their performance. Authoritative reference.
2.2.5 It involve employment for less than full time working hours
Part-time contracts are for employees who work for a reduced number of hours per
week compared to full-time employees26. Part-time employees are entitled to pro-rata
benefits based on their contracted hours of work. Flexible working hours: Part-time
employees in Tanzania’s public service sector often have flexible working hours,
allowing them to work at times that suit their personal schedules and responsibilities.
This flexibility can help employees balance work and personal life more effectively.
Lower remuneration: Part-time employees in Tanzania’s public service typically
receive lower remuneration than their full-time counterparts, as they work for fewer
hours. This is in line with the principle of proportionality, where employees’ pay is
based on the amount of work they perform. Limited benefits: Part-time employees in
Tanzania’s public service may have access to some, but not all, of the benefits
provided to full-time employees. This may include health insurance, pension plans,
and other perks. The extent of benefits provided depends on the specific terms of the
employment contract. Job security: Part-time employees in Tanzania’s public service
sector enjoy a level of job security, although it may not be as strong as that of full-
time employees27. This is because part-time positions are often temporary or contract-
based, with no guarantee of long-term employment. Opportunities for advancement:
Although part-time employees in Tanzania’s public service sector may have limited
opportunities for advancement, there is still potential for career growth. This can be

26
Acker. J., (1990): A Theory of Gendered Organizations. Gender and Society p139-158
27
Blackwell. L., (2001): Occupational sex segregation and part time work. P146-163
achieved through training, development programs, and the possibility of transitioning
to full-time positions in the future.

3.0 CONCLUSION
Additionally, each type of employment contract in public service has its unique
features tailored to the nature of the employment, certain shared elements are
commonly found across all contracts. These include terms related to compliance with
laws and regulations, confidentiality and intellectual property provisions, dispute
resolution mechanisms, grievance procedures, and adherence to organizational
policies and codes of conduct. It is essential for public service entities to clearly
define the terms and conditions of each type of employment contract, ensuring that
the rights and responsibilities of both the employer and the employee are delineated
transparently, compliance with Labour laws and regulations, as well as adherence to
principles of fairness and equity, should underpin the formulation and execution of all
public service employment contracts.
 REFERENCES

The Constitution of The United Republic of Tanzania, 1977 as amended time to time
STATUTES
EMPLOYMENT AND LABOUR RELATION ACT, [CAP 366 R.E 2019]
PUBLIC SERVICE ACT, [CAP 298 R.E 2019]
THE PUBLIC SERVICE RETIREMENTS BENEFITS ACT, [CAP 371 R.E 2015]
LABOUR INSTITUTION ACT, [CAP 300 R.E 2019]
CASES
Tanzania Railways Corporation (TRC) v. GBP (T) LTD Civil Appeal No. 218 of
2020
Stanbic Bank (T) Ltd v. Iddi Halfani Civil Appeal No. 139 of 2021
BOOKS
Clement J. Mashamba., Alternative Dispute Resolution in Tanzania: Law and
Practice. Dar es salaam: Mkuki na Nyoka Publisher Ltd, (2014)
Acker. J., (1990): A Theory of Gendered Organizations. Gender and Society

JOURNALS
Summers, C.W., “The Contract of Employment and the Rights of Individual
Employees: Fair representation and Employment at will” Vol. 52(6) Fordham Law
Review, 1984
Brown, Michael. “Job Security for Permanent Public Servant”. Journal of
Government Employment, Vol. 15 of 2018
“Temporary and Benefit”. Temporary Public Administration. Vol 40 of 2019
“Part time Employment in the Public Sector”. Government Employment Journal, Vol.
25 of 2020
Blackwell. L., (2001): Occupational sex segregation and part time work. P146-163
ONLINE SOURCES
Central Statistical Office. (2013) “Preliminary Labour Force Survey Report”.
Retrieved from [Link] at 13:00 on 22th January
2024