New regulations on work permits in Tanzania

RAYAN THE DON · 2020-04-02T10:51:30+00:00

Criteria and conditions for issuance of each type of work permit Employment of Refugees Employment of non-citizens in the public sector Bulk recruitment of non-citizens Report on cessation of employment and failure by non-citizen issued with work permit to enter Tanzania within stipulated time Work permits for shorter period than stipulated in the Act (Short-term work permits) Inclusion of succession plan in every renewal of work permit application Procedure and grounds for seeking exemption from application of the Act by the employer. 1.0 Introduction: On, 30th, December, 2016, the Minister of State, Prime Minister’s Office, Policy, Parliamentary Affairs, Labour, Youth, Employment and Persons with Disability, published through the Government Notice No. 331, the Non-Citizens (Employment Regulations) Regulation, 2016 (herein referred to as the Regulations). The new Regulations were enacted to supplement the main law on employment of non-citizens in Tanzania i.e. The Non-Citizens (Employment Regulation) Act, 2015 on various matters with regards to employment of non-citizens in Tanzania. The matters that were supplemented includes, Criteria and conditions for issuance of each type of work permit, Employment of Refugees, Employment of non-citizens in the public sector, Bulk recruitment of non-citizens, Report on cessation of employment and failure by non-citizen issued with work permit to enter Tanzania within stipulated time, work permits for shorter period than stipulated in the Act(Short-term work permits), inclusion of succession plan in every renewal of work permit application, and procedure and grounds for seeking exemption from application of the Act by the employer. 1.1 Criteria and conditions for issuance of each type of work permit: The Regulations have pointed out the documents that should accompany an application of work permit. Specifically Regulation 4(1) (a) provides that the following list of certified copies of documents shall accompany an application for work permit class A: 1. A letter justifying why a work permit should be granted 2. Two recent passport-size photographs 3. A copy of a valid passport 4. Sectorial approvals (where applicable) 5. Previous work permit (for renewal application) 6. A copy industrial license, business or operating license 7. A copy of certificate of Tax Identification Number (TIN) 8. A copy of certificate of Value Added Tax (where applicable) 9. A copy of certificate of incorporation or business name and extract from the Registrar of companies 10. Memorandum and Articles of Association (where applicable) The documents that should accompany an application for work permit Class B, C and D are: 1. Contract of employment or engagement duly signed by relevant parties 2. Job or engagement description 3. Curriculum vitae of non-citizen 4. Two recent passport-size photographs 5. Copy of academic or professional certificates of non-citizen 6. Copy of accreditation certificate from respective professional entities (where applicable) 7. Certified translation of certificates or documents by competent authority like Embassy, Consular etc. 8. Copy of a valid passport 9. Previous work permit (for renewal application) 10. Copy of industrial, business or operating license 11. Copy of certificate of incorporation or business name 12. Memorandum and Articles of Association 13. A succession plan (for renewals) 14. Sectorial approval (where applicable) 15. Certificate of Incentive (if any) 1.2 Employment of Refugees: The Regulation provides a mechanism in which applications for work permits for refugees should be submitted. Regulation 7(1) provides that, all applications for employment of refugees shall be submitted to the Labour Commissioner by the Director of Refugees. The application should be accompanied by his recommendations on the refugee prospective employee. 1.3 Employment of non-citizens in the public sector: The Regulation obliges that all applications for employment of non-citizens in the public service shall be submitted to the Labour Commissioner by the Permanent Secretary, the application which should be accompanied with his recommendation on the prospective non-citizen employee. 1.4 Bulk recruitment of non-citizens Under Regulation 9(1) of the Regulations, an employer who wishes to recruit a bulk of non-citizens is obliged to seek permission of the Labour Commissioner in writing, the permission which may be issued by the Labour commissioner upon satisfying him/herself on certain matters and on certain conditions as to number of recruits and ratio on local employees vis-à-vis non-citizens employees. 1.5 Cessation of work permit validity for failure by non-citizen to enter Tanzania within stipulated time: Regulation 18 that, a work permit issued to a non-citizen shall cease to be valid if the non-citizen employee fails to enter Tanzania for any cause whatsoever within 90 days from the date of issue. 1.6 Work permits for shorter period than stipulated in the Act(Short-term work permits): The Regulations under regulation 12(1) provides for issuance by the Labour Commissioner of work permits for a lesser period than the one stipulated in the Act which is 2 years. These permits are termed as short-term work permits which were not covered in the Act. 1.7 Inclusion of succession plan in every new work permit application: The Regulations obligates an employer who owns an existing business to include a succession plan in every new application for recruitment of a non-citizen. If the employer is the owner of a new business, such Succession plan shall be lodged within 3 months from the date of issuance of the work permit. 1.8 Procedure and grounds for seeking exemption from application of the Act by the employer: Under regulation 13 of the Regulations, the employer who wishes to be exempted from application of the provisions of the Act may apply in writing to the Labour Commissioner and the Labour Commissioner may grant such exemption basing on certain facts such as the value of the Employer’s investment to the country’s economy, if the applicant has a marriage with a Tanzanian citizen which has subsisted for not less than 3 years and so forth

Thread starter RAYAN THE DON
Start date Apr 2, 2020
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new tanzania work

RAYAN THE DON

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Apr 2, 2020

kabanga

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New regulations on work permits in Tanzania

RAYAN THE DON

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kabanga

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