AN EMPLOYER’S GUIDE TO ADMINISTERING CHANGES IN EMPLOYMENT CONRACTS

Published by Tawajud Lwenduru.

Employment contracts are agreements setting out terms of engagement between employers and employees. Just as other contracts, employment contracts may need to be modified or altered from time to time to lay out any changes in the rights and responsibilities of the parties and protect their interests under the law.

The Tanzanian Law allows an Employer to make changes to an employment contract entered with the Employee, subject to ensuring that the affected Employee is consulted on such changes and consents to the said changes.

This legal position is provided under Section 15(4) of The Employment and Labour Relations Act, [CAP 366 R.E. 2019], which provides that.

  “(4) Where any matter stipulated in subsection (1) changes, the employer shall, in consultation with the employee, revise the written particulars to reflect the change and notify the employee of the change in writing.”

Subsection 15(1) outlines several issues that may be changed in the employment agreement;

“(a) name, age, permanent address, and sex of the employee;

(b) place of recruitment;

(c) job description;

(d) date of commencement;

(e) form and duration of the contract;

(f) place of work;

Employment contracts are agreements setting out terms of engagement between employers and employees. Just as other contracts, employment contracts may need to be modified or altered from time to time to lay out any changes in the rights and responsibilities of the parties and protect their interests under the law. 

The Tanzanian Law allows an Employer to make changes to an employment contract entered with the Employee, subject to ensuring that the affected Employee is consulted on such changes and consents to the said changes. 

This legal position is provided under Section 15(4) of The Employment and Labour Relations Act, [CAP 366 R.E. 2019], which provides that.

  “(4) Where any matter stipulated in subsection (1) changes, the employer shall, in consultation with the employee, revise the written particulars to reflect the change and notify the employee of the change in writing.”

Subsection 15(1) outlines several issues that may be changed in the employment agreement;

“(a) name, age, permanent address, and sex of the employee; 

(b) place of recruitment; 

(c) job description; 

(d) date of commencement; 

(e) form and duration of the contract; 

(f) place of work; 

(g) hours of work; 

(h) remuneration, the method of its calculation, and details of any benefits or payments in kind.”

Therefore, if any of the items identified above is changed, the relevant procedures must be followed, specifically, Consultation, Notification to the employee in writing and Signing of an addendum to the employment agreement

This aims to create a binding nature of the new changes and avoid further disputes in case of any misunderstanding during implementation of the changes.

Employers should note that failure to comply with the pre-requisites set by the law may lead to legal disputes as there shall be no evidence of the legal process being followed. It is thus advised to have a human resource officer or labor lawyer present to guide you through the process and ensure all necessary steps are followed.

(g) hours of work;

(h) remuneration, the method of its calculation, and details of any benefits or payments in kind.”

Therefore, if any of the items identified above is changed, the relevant procedures must be followed, specifically, Consultation, Notification to the employee in writing and Signing of an addendum to the employment agreement

This aims to create a binding nature of the new changes and avoid further disputes in case of any misunderstanding during implementation of the changes.

Employers should note that failure to comply with the pre-requisites set by the law may lead to legal disputes as there shall be no evidence of the legal process being followed. It is thus advised to have a human resource officer or labor lawyer present to guide you through the process and ensure all necessary steps are followed.