Today, we delve into the intricate domain of labour laws and practices, focusing particularly on a fundamental question: Who is considered an employer?
Definition of an Employer
According to the Employment and Labour Relations Act, Cap.366 (ELRA), Section 4 provides a succinct definition:
“Employer” means any person, including the Government and an executive agency, who employs an employee.
This definition, while concise, may benefit from a broader understanding of who qualifies as an employee. The Act, under the same section, defines an employee as follows:
“Employee” means an individual who-
1. Has entered into a contract of employment; or
2. Has entered into any other contract under which:
– The individual undertakes to work personally for the other party to the contract; and
– The other party is not a client or customer of any profession, business, or undertaking carried on by the individual;
– s deemed to be an employee by the Minister under Section 98(3).
Thus, when considering the definition of an employee, clarity emerges on the identity of an employer.
Defining an Employer
An employer can therefore be defined as:
1. A person who has entered into a contract of employment with an individual, or
2.A person who has entered into a contract with an individual where the latter works personally for the former.
It is crucial to recognize that an employer need not be an organization; natural persons can also qualify as employers within the context of labour law.
Understanding your role as an employer is pivotal. This understanding empowers you to assert your rights as an employer while fulfilling your obligations towards your employees.
Best regards,
Isaack Zake, Esq.
Director of Legal and Public Relations – TAACIME
Isaack Zake, an Advocate of the High Court of Tanzania, possesses a fervent dedication to matters pertaining to labour and Human Resource Management. He has a rich background as a labour law practitioner, having worked with institutions such as FIBUCA Trade Union, the Commission for Mediation and Arbitration, the Labour Court of Tanzania, and the Labour Office at the Ministry of Labour Affairs. Additionally, Mr. Isaack is the founder of www.ulizasheria.co.tz.
For further inquiries and information, please do not hesitate to reach out.