It is an undoubted truth that for a foreigner to work in the United Republic of Tanzania, they are required to have a valid work and residence permit which allows them to work and reside in the country. These permits are usually issued with validity for a period of 2 years, subject to renewal should the employer require so.
Just like local employees, foreign employees also enjoy the right of filing a labour dispute with the Commission for Mediation and Arbitration (CMA) in the case of any dispute emanating from the employment relationship with their employer.
Where a foreign employer institutes a labour dispute at the CMA, the same shall be determined by the Tanzanian labour laws. However, unlike in fixed-term contracts of local employees where if the employee wins the case, then the Honorable determining the case will issue an Award based on the remaining months of the employment contract, for the case of a foreign employee it is different.
The determination of the amount to be awarded to a foreign employee will not be based on the remaining period of the employment contract but rather on the remaining period of the validity of the work permit.
This was discussed in the case of YE HONG VS CHINA DASHENG BANK LIMITED (LABOUR REVISION NO. 286 OF 2020) where Honorable Mwipopo J at page 11 stated that:
“I agree with both the Applicant and the Respondent that the Applicant’s contract of employment was voidable upon fulfilment of certain conditions including obtaining of work permit as a result the Commission had jurisdiction to entertain the matter.”
From the reasoning above, it is apparent that an employment contract cannot outlive a work & residence permit as for a foreign employee to work in the United Republic of Tanzania he is required to have a valid work and residence permit.
Thus, when determining a labour dispute involving a foreign employee, the Honorable presiding over the matter will consider the remaining duration of the validity of the work and residence permit as it is only in that period that a foreign employee is eligible by law to work in the United Republic of Tanzania and not otherwise.
KKB ATTORNEYS AT LAW