Act Public Holidays 2016

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Human Rights and Business Report 2016 Figure 9: Production of Mamujee Product Limited in Tanga2.5.2 Labor standards: non-compliance with working hours Working hours of workers is the time spent by an individual in paid professional work. Standard working hours means the working hours permitted by law and the limits set therein. Usually, the working time limit is calculated per day, week, month or year. If an employee works overtime, the employer must pay employees overtime according to the law.

Act Public Holidays 2016

Human Rights and Business Report 2016 Figure 10: Opening hours shown in public places in Ruvuma. Article 110 2 of the ILO Convention on Working Hours (Industry) deals with the working time of an employee: “The working time of persons employed in any public or private industrial enterprise or in any of its branches, except in an enterprise in which only members. of the same family are employed, let it be eight in a day and forty-eight in a week must not exceed.” At the national level, the Employment and Labor Relations Act of 2004 sets standards for working hours. For example, under section 19 (1) of the Employment and Labor Relations Act, 111 subject to the provisions of this subsection, an employer must not require or permit an employee to work more than 12 hours in any day. Section 19(2). in that Act, subject to this subsection, the maximum number of ordinary days or hours which an employee is permitted or required to work is— (a) six days in any week; (b) 45 hours in any week; and (c) nine hours in any day. Therefore, working 12 hours in any day, in the true sense of the word, includes 3 hours that are considered overtime legally paid. Workers engaged in authorized overtime The study showed that companies employ workers to work more than 12 .hours. per day For example, Musoma Food Company Limited and JamboInvestment engage their employers to work more than twelve hours. There110 1919 (No. 1).111 2004. Law No. 6. 20

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Index Of /laws/p130 01 Public Holidays Regulations/docs

The Human Rights and Business Report of 2016 is not a specific time limit for anyone to be obliged, because the company operates twenty-four hours a day.112 Other companies, such as TASIPA Limited in Dar es Salaam, provide a mandatory 12-hour working time without additional pay. Therefore, all employees are required to work 12 hours a day.113 In Mbalali District, employees working in the Kapunga Rice project complained that they were made to work more than nine hours a day without additional pay. There is no room for negotiation with the employer because there is no union to facilitate collective bargaining over the conditions and welfare of the Kapunga Rice Project. Figure 11: Informal workers at Kapunga Rice Project in Mbarali District, Mbeya Region The hotel sector is also affected. exploit their employees because they had to work long hours to maximize profits. A good example is: 112 Corporate Human Rights Compliance Assessment Report, Musoma Field Report, 2017 (LHRC Report) 11.113 Corporate Human Rights Compliance Assessment Report, DSM Field Report, 2017 (LHRC Report) p.12.

The 2016 Human Rights and Business Report monitored the Geita region by interviewing selected employees working in careless hotels/hotels in the suburbs of Geita, including Hotel Alfa, LunsHotel and Katoma, where workers complained that their employers forced them to work unpaid overtime. One respondent said, “I’m sleeping because I had to double my shift to make up for my previous two days off.” they have to work long hours to fulfill the goal agreed with their employers. They must reach a certain amount as a target set by employers, regardless of the hours allowed by law. LHRC considers this to be an important reason for the increase in traffic accidents. Bodaboda youths are forced to work for hours to meet the set indicators. Overtime Pay Overtime in this field is an agreement between the employer and the employee and is paid at 1.5 times the basic hourly wage. During holidays/weekly off, pay is double the basic hourly rate. Regulation of working hours aims to improve the health and safety of employees, as well as to meet social needs. In the law, the Labor and Employment Relations Act of 2004 clearly states the calculation of overtime payments: “the employer must pay an employee one and a half times the employee’s basic salary for any overtime. .115 „In addition, the Law requires that the employees who work at night, that is, after twenty hours or before six hours, pay the employer at least five percent of the employee’s basic salary for each working hour. at night and if the working hours are overtime, five percent of the employee’s overtime rate is calculated. Remuneration refers to wages as defined in Article 1 of the Convention on the Protection of Wages, which defines wages as remuneration or income, however allocated or calculated, may be expressed in money and by mutual agreement or 114 Corporate Human Rights Compliance Assessment Report, Geita Field Report, 2017 (LHRC report) Page 13.115 Section 19(5). 22

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Human Rights and Business Report 2016 National laws or regulations that must be paid by an employer for work performed or services performed or provided by an employer in writing or on the basis of a written employment contract. Informs about prohibited tickets, vouchers, vouchers, wages and payments in cash only by legal means of payment. The African Charter on People’s and Human Rights states: – Everyone has the right to work under equal and satisfactory conditions and to equal pay for equal work. 117 The Constitution of the United Republic of Tanzania (1977) provides the right to compensation proportionate to work done. in Article 23; “Every person without any discrimination has the right to receive remuneration according to his work, and all people who work according to their ability will receive remuneration for their work according to the size and qualification. The law “On Employment and Labor Relations” provides for the employer’s payment to the employee. any monetary reward that the employee is entitled to.118 As a result of the research, it was established that 50.72 percent of the respondents work in indifferent sectors, where the employer’s salary is decided according to the prepared employment contract, during 18, 62 percent are negotiated and only 10.03 percent work at their own request.This trend is particularly problematic for the hotel sector in the manufacturing industry, mining companies, and especially small-scale mining companies.

Human Rights and Business Report 2016 Figure 17: Decision on Wage Quotas In addition, it was found that only 45.85 percent of the sampled companies pay their employees overtime, and 54.15 percent of the workers are paid for work done outside of what is legally allowed working hours there was no additional charge. 24

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All India Association Of Inspectors And Asstt. Supdt.posts, Wb Circle Branch, Kolkata 700012

Human Rights and Business Report 2016 Figure 18: Status of overtime pay For example; During this investigation, LHRC met and interviewed workers at the following firms; (a) Workers at the Mashapale gold mine in Mpovu District, Geita, usually work the whole week and without overtime, which shows how human rights are violated in corporate business. (b) An employee of Hotel Lenny in Geita said;”sisi huwa hatuna sikukuu tunakuja hata siku za sikukukukunya kazi ‘[‘there is no public holiday in our work, even on holidays he comes to work”](c) A Dar-es- Respondent Chemi-Cotex Industries in Salam said: Hatuna cha sikukuu, Jumapili wala sikukuu. Sikukuuninafanya kazi bila hiyari yangu. Tunajaza fomu ya overtimeina hela haitoki, ninapewa elfu moja kwa sikukuu(d) Workers at Nyanza Bottlers in Mwanza said: 25

Human Rights and Business Report 2016 “Unaweza fanya kazi mpaka ukapitilasa but it is impossible to get to know him. Nyie weweshi mashahidi leo ni jumamosi na mnatuona kazini. Hatupewi angalia tunafanya kazi mpaka saa 12 jioni na ukichelewa kazini hata saika 5 unakatwa 5000 kwenye mahaara bila sempara”.2.5.3 Labor standards: fair remuneration and observance of the minimum wage. Convention on protection of wages. 119 It is defined as follows: “The salary is remuneration or income, whether attributed or calculated, which can be expressed in monetary form and which is defined by mutual agreement or by national laws or regulations paid in writing. or unwritten employment contract for the work or service made or made by the employer to the employee.”120 The Convention requires member states acceding to Tanzania to ensure that wages are paid exclusively in money as legal tender and that payments are invoiced. note, vouchers, vouchers are prohibited. African Charter on Human and People’s Rights (Banjula Charter) Right to work and equal

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