Mkwawi
Apr 14
With the aid of case laws and statutory provisions, explain how a contract of service can be terminated in Tanzania in six points.
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Apr 14
1. Termination by notice: A contract of service can be terminated by either party giving notice to the other party in accordance with the terms of the contract or the relevant employment laws. Section 36 of the Employment and Labour Relations Act, 2004 provides for the minimum notice periods that must be given by either party before terminating the contract.
2. Termination by mutual agreement: The parties to a contract of service can agree to terminate the contract by mutual agreement. This can be done through a written agreement signed by both parties, specifying the terms and conditions of the termination.
3. Termination for cause: A contract of service can be terminated by either party for cause, such as misconduct, poor performance, or breach of contract. Section 37 of the Employment and Labour Relations Act, 2004 provides for the grounds on which an employer can terminate an employee's contract for cause.
4. Termination by frustration: A contract of service can be terminated by frustration if circumstances arise that make it impossible for the parties to continue performing their obligations under the contract. For example, if an employee becomes permanently incapacitated due to illness or injury, the contract may be frustrated.
5. Termination by expiry of fixed term: If a contract of service is for a fixed term, it will automatically terminate upon the expiry of the term unless the parties agree to renew or extend the contract. Section 35 of the Employment and Labour Relations Act, 2004 provides for the rights of employees on fixed-term contracts.
6. Termination by redundancy: A contract of service can be terminated by the employer due to redundancy, where the employer no longer requires the employee's services due to changes in the business, technology, or economic conditions. Section 40 of the Employment and Labour Relations Act, 2004 provides for the rights of employees in case of redundancy.
2. Termination by mutual agreement: The parties to a contract of service can agree to terminate the contract by mutual agreement. This can be done through a written agreement signed by both parties, specifying the terms and conditions of the termination.
3. Termination for cause: A contract of service can be terminated by either party for cause, such as misconduct, poor performance, or breach of contract. Section 37 of the Employment and Labour Relations Act, 2004 provides for the grounds on which an employer can terminate an employee's contract for cause.
4. Termination by frustration: A contract of service can be terminated by frustration if circumstances arise that make it impossible for the parties to continue performing their obligations under the contract. For example, if an employee becomes permanently incapacitated due to illness or injury, the contract may be frustrated.
5. Termination by expiry of fixed term: If a contract of service is for a fixed term, it will automatically terminate upon the expiry of the term unless the parties agree to renew or extend the contract. Section 35 of the Employment and Labour Relations Act, 2004 provides for the rights of employees on fixed-term contracts.
6. Termination by redundancy: A contract of service can be terminated by the employer due to redundancy, where the employer no longer requires the employee's services due to changes in the business, technology, or economic conditions. Section 40 of the Employment and Labour Relations Act, 2004 provides for the rights of employees in case of redundancy.
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Anonymous
Apr 14
Where the answers are
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