UNTOLD TRUTH ABOUT TERMINATION OF PROBATIONARY EMPLOYEE

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UNTOLD TRUTH ABOUT TERMINATION OF PROBATIONARY EMPLOYEE

This is provided for under rule 10 (8) of the Code of Good practice; the law states that such a termination shall take place if;

the employee has been informed of the employer’s concern
the employee has been given an opportunity to respond to those concerns
the employee has been given a reasonable time to improve performance or correct behavior and has failed to do so

Under rule 14 (5) of the Public Service Regulations the immediate supervisor may terminate the probationary public servant at any time

8.0 EMPLOYMENT CONTRACT

According to section 14 (1) of the ELRA a contract with an employee shall be of the following types

a contract for unspecified period of time
a contract for a specified period of time for professional and managerial cadre
a contract for a specific task

The law further stipulates that if the contract with an employee is to work outside Tanzania then such a contract should be in writing. Therefore the requirement of law under section 14 (2) of the ELRA is that all contracts of service with an employee to work outside Tanzania to be in writing

Another interesting provision of law is section 15 (1) of the ELRA which requires the employer to have written statements of particulars to be supplied to the employee.[1] The law mentions the written statement of particulars. The law is not specifying specifically as to whether these particulars are for written contracts. It means even where the contract between the employer and employee is oral these particulars have to be supplied to the employee and the employer retain and keep the record of the same particulars.[2]

The has to supply to the employee following written statement of particulars in writing when the employee commences employment

name, age, permanent address and sex of the employee
place of recruitment
job description
date of commencement
form and duration of the contract
place of work
hours of work
remuneration, the methods of its calculation, and details of any benefits or payment in kind; and
any other prescribed matter

If the written statements of particulars stated above forms part of the written contract and the employer has supplied the employee with the contract then the employer may not furnish the written statements referred to in section 14. If the employee does not understand the particulars of the written statement of particulars it is the duty of the employer to make sure that they are explained to the employee in the manner in which the employee understands.[3] Where there are changes of the written statement of particulars there should be the consultation between the employer and the employee to revise the written particulars to reflect the change and to notify the employee in writing the changes.[4] Tin case the contract between the employer and the employee is terminated the law puts it clear that it is the duty of the employer to keep the record of written statement of particulars for five years after the termination of the contract of employment.[5]

OBLIGATIONS OF THE EMPLOYER AND THE EMPLOYEE  UNDER  THE CONTRACT OF SERVICE

The formation of the contract of service between the employer and employee results to posing obligations to either part in the contract of service. It follows therefore that after the contract of service is concluded the employer has obligations to fulfil for the employee. These obligations are there to balance the conflict of interests between the two parties to the contract. The employer is not supposed to benefit on the detriment of the employee; that is why the labor law

[1] The provisions of this section do not apply to an employee who works less than six days in a month for the employer

[2] Under section 96 of the ELRA it is the duty of the employer and employee to keep written statement of particulars prescribed in section 15 of the ELRA and the changes to those particulars

[3] Section 15 (2) and (3) of the ELRA

[4] Section 15 (4) of the ELRA

[5] Section 15 (5) of the ELRA  The duty is for the purpose of using the particulars as evidence in case there is the case between the employee and the employer. If there is a legal proceedings and the employer fails to produce the written statements of particulars as prescribed under section 15 (1) the burden of proving or disproving an alleged term of employment stipulated under section 15 (1) lies on the employer

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