A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirement for the Award of Bachelor of Laws Degree (LL.B) Of Mzumbe University
This report is titled “CRITICAL ANALYSIS OF THE EFFECTIVENESS OF THE LABOUR LAW IN THE PROTECTION AND PROMOTION OF THE RIGHT TO WORK IN TANZANIA” it aimed at examining the effectiveness of labour law of 2004 in the promotion and protection of worker’s rights especially basing on unfair termination of employment contract. Furthermore, it shows whether the Employment and labour Relations Act of 2004 has achieved its intention of protecting the employees against unfair termination. Moreover, it assesses whether the relief provided by the Employment and Labour Relations Act of 2004 is sufficient to cure the problem of unfair termination of employees.
In order to achieve these objectives, the researcher employed a library research which involved the analysis of the problem through statutes, case law, textbooks and other materials. Also due to unreliability of materials which are outdated, for instance, reported cases. Further, the research was supplemented with interview.
Through field research, the researcher has been in a position of experiencing problems of unfair dismissal of employees in work places as it was examined by the Commission for Mediation and Arbitration which supported the researcher with the findings of statistical data which revealed that the number of people who are employed is small comparing with the number of people who are unfairly dismissed from the work places.
This research is divided into five chapters. Chapter one is concerned with the introduction, background of the problem, statement of the problem, literature review and methodologies applied to conduct the research, while chapter two is the general concept of right to work and concept of labour law in Tanzania. Furthermore, Chapter three deals with the laws governing the subject matter. And lastly, Chapter four is concerning with the analysis of the research findings especially the effectiveness of labour law in protecting the right to work in Tanzania. Lastly, chapter five includes conclusion and recommendations.