The employer must prove the reason was valid

By Equipo Saplic Published on 12/08/2026 Updated on 12/08/2026

Not the other way around.

For guidance only

The amounts and deadlines in this guide can change by law. Always check the update date and the official sources cited below. For a specific case, consult the labour authority or a professional.

In this guide
  1. The test
  2. Who decides
  3. Written notice required
  4. Section 37
  5. Fair procedure
  6. Non-discrimination
  7. Fairness generally
  8. Health and safety
  9. Contracts
  10. Trade unions
  11. Where to take a dispute

The Employment and Labour Relations Act, 2004 places the burden of justifying a termination on the employer, which shapes how disputes work.

The test

Termination is unfair if the employer fails to prove that the reason for the termination:

  • Is valid
  • Is related to the employee's conduct, capacity or compatibility
  • Or is based on the operational requirements of the employer

Who decides

In deciding whether a termination is fair, an employer, arbitrator, or the Labour Division of the High Court takes into account any Code of Good Practice.

Written notice required

The Act requires a written termination notice before terminating a worker's services.

Section 37

Provides for unfair termination by an employer, describing the grounds and procedures to be followed and the remedies available. These provisions must be observed by both parties to the employment contract.

Fair procedure

Rule 9(1) of the Code of Good Practice Rules requires an employer to follow a fair procedure before terminating, with the procedure depending to some extent on the reasons given.

So a valid reason applied without proper procedure is still exposed.

Non-discrimination

Section 7(4) of ELRA strictly prohibits employers from discriminating against employees on any grounds — including nationality, religion, gender, age, political alliance and social origin.

Fairness generally

The Act maintains regulations on wage equality and equality in professional choice, and ensures there is neither child nor forced labour in the workplace.

Health and safety

The Occupational Health and Safety Act of 2003 ensures no Tanzanian employee has to work in an unhealthy environment.

Contracts

Employment contracts in Tanzania can be written or oral, though a written contract is recommended for clarity.

A written contract should outline job title, working hours, salary, duration of employment and the terms for termination.

Trade unions

Employees can join trade unions and engage in collective bargaining. The Act regulates relations between employees and employers through them.

Where to take a dispute

The Commission for Mediation and Arbitration, then the Labour Division of the High Court.

Frequently asked questions

Who has to prove a termination was fair?
The employer. Termination is unfair if the employer fails to prove the reason is valid and related to conduct, capacity, compatibility or operational requirements.
Is a written notice required?
Yes. The Act requires a written termination notice before terminating a worker’s services.
What is the Code of Good Practice?
Rules taken into account by an employer, arbitrator or the Labour Division of the High Court in deciding whether a termination was fair. Rule 9(1) requires fair procedure.
What discrimination is prohibited?
Section 7(4) of ELRA prohibits discrimination on any grounds, including nationality, religion, gender, age, political alliance and social origin.
Does my contract have to be written?
It can be written or oral, though written is recommended for clarity, covering job title, hours, salary, duration and terms for termination.

Sources

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