Tanzania’s Compliance Policies: A Guide for Employers of Non-Citizens

As an employer of non-citizens in Tanzania, it is crucial to adhere to the substantive procedures outlined in the country’s non-citizen employment laws to avoid penalties and other adverse repercussions. In this article, we will explore eight key compliance issues that employers must keep in mind when engaging non-citizen employees.

Compliance Requirements for Employers of Non-Citizens

Submission of Returns

Employers are required to submit returns of non-citizens to the Ministry of Labour and Employment matters annually, between June 30th and December 31st. The returns provide details on:

• The number of non-citizens working for the employer
• Those who have left within the first six months of the year

Exemptions from Non-Citizen Employment Regulations

Employers can seek exemptions from certain provisions of the Non-Citizens Employment (Regulations) Act, 2015 if they meet specific criteria, including:

• Demonstrating a significant economic contribution to Tanzania’s economy
• Having a valid marriage with a Tanzanian citizen
• Being unable to find a local employee despite efforts

Ratio of Non-Citizen Employees to Local Employees

Employers must adhere to the ratio between non-citizen employees and local employees. The regulations stipulate that:

• The number of foreign employees should not exceed the number of domestic employees
• A ratio of 10 local employees for every one non-citizen employee

Succession Planning for Work Permits

Employers are required to submit a succession plan as part of their work permit renewal application, detailing:

• The non-citizen employee seeking renewal
• The local employee who will take over their position when their permit expires

Reporting Requirements for Employers

Employers must report to the Labour Commissioner whenever a non-citizen employee:

• Ceases to engage in their position
• Fails to enter Tanzania within 90 days of receiving their work permit
• Surrender their work permit 14 days prior to departure from the country

Additionally, employers are required to grant access to labour and immigration authorities to inspect their workplaces and verify compliance with immigration laws.

Other Compliance Requirements

Employers must also:

• Report any cessation of employment or engagement of a non-citizen employee within 14 days of such occurrence
• Surrender their residence permit once it expires or when the holder ceases to engage in employment

Important Note

This article is based on compliance matters under work permit laws and does not supersede the obligation to comply with immigration laws. Compliance with these laws is subject to another article.

Conclusion

It is essential for employers of non-citizens in Tanzania to understand these compliance issues to avoid legal consequences and maintain a smooth operation. By adhering to these requirements, employers can ensure a successful and compliant employment relationship with their non-citizen employees.