Compliance Reporting in Tanzania: What Employers Need to Know

In the United Republic of Tanzania, employers of non-citizens are required to adhere to a set of procedures to avoid penalties and other adverse repercussions. Despite the importance of compliance, many employers focus on economic gains and profit margins while neglecting the laws governing the employment of non-citizens.

Understanding the Regulations

The Non-Citizens Employment (Regulations) Act, 2015 and The Non-Citizens Employments Regulations outline the rules that apply to employers and their employees. To avoid legal issues and ensure smooth operations, it is essential for employers to understand these regulations and comply with them accordingly.

Compliance Issues to Be Aware Of

Filing of Returns on Employment of Non-Citizens

• Employers of non-citizens in Tanzania are required to submit returns on the employment of non-citizens at the Ministry of Labour and Employment matters annually.
• The returns must include information such as:
  • Number of non-citizen employees
  • Their positions
  • Duration of their stay

Submission of Succession Plan

• For every permit renewal application, employers must submit a succession plan giving details of the non-citizen employee seeking permit renewal and the local who will take over the position when the permit expires.
• This requirement aims to ensure that expatriates transfer their skills to local employees.

Report on Cessation of Employment or Engagement of Non-Citizen Employee

• Employers are required to report to the Labour Commission whenever a non-citizen employee ceases to engage in the position subject to the work permit.
• The report must be made 14 days from the date of such cessation and must be in writing.

Surrender of Work and Residence Permit Prior to Departure of Non-Citizen

• Whenever a non-citizen employee ceases to engage in the position subject to a work permit, employers are obliged to surrender his work permit to the Labour Commission for cancellation 14 days prior to departure of the non-citizen employee from the country.
• The same applies to residence permits.

Granting Access to Labour and Immigration Authorities

• Employers are required by law to grant access to Labour and Immigration officers to enter the place of work for purpose of ensuring adherence with immigration laws.
• Officers are entitled under the law to be granted access to enter into working places or residences of holders of work and residence permits.

Conclusion

Compliance with labour and immigration laws is crucial for employers of non-citizens in Tanzania. Failure to comply can result in legal issues and penalties. Employers should ensure that they understand their obligations and adhere to them accordingly.

Important Notice

This publication has been prepared for general guidance only and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice.