Reflection of Bill of Right in the Employment and Labour Relation Act

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Capitalism is characterized by maximization of profits. In this tendency of trying to maximize profits capitalist usually would like to exploit the labour force to the maximum. This was the situation since then when capitalism roots were emerging. It was marked by long working hours and poor working condition to the workers. Luddism and Chartism owe their origin from the inhospitable working conditions and low wages provided by early capitalists. It is the struggle by working which brought changes. Prof. Shivji says the transformation of the state and changes in the class configuration have been grounded ultimately in the social struggles of the working people. Later on states started to enact legislation for protection of workers’ rights. Perhaps even entrenchment of Bill of Rights in the Constitution 1985 owes its origin from the working class and academician struggles. The constitution being the mother law of the Country then any law made Labour law being one of them must reflect the spirit of the Constitution. Part three of the Constitution of United Republic of Tanzania deals with bills of rights while part three of Employment and Labour Relation Act deals with employment standards. So basically the question needs the reflection of the bill rights in the Employment and Labour Relation Act hereinafter referred as Act. Generally part three of the Act deals with employment standards which are working hours, remuneration, and unfair termination of employment. Section 11(1) of the Act provides that any provision on this Act that stipulates a minimum term and condition of employment shall be an employment standard. This work will explore hoe the said employment standards reflects bill of rights provided in the Constitution hereinafter referred as the Constitution. Section 37(1) of the Act provides that it shall be unlawful to terminate the employment of an employee unfairly this section is an appreciation of article 4 of Termination of Employment Convention which provides that employment of the employee shall not be terminated unless there are valid reasons for such termination. In a nutshell it entails that the employer cannot just wake up and fire the employee without any valid and watertight reason. Article 22(1) provides that every person has the right to work. This means section 37(1) of the Act which owes its origin to article 4 of the Termination of Employment Convention reflects the right to work as provided by article 22(1) of the Constitution. Moreover the term unfairly as used in section 37(1) of the Act reflects article 12(2) of the Constitution which provides for recognition and respect of human dignity. Terminating ones employment unfairly is against human dignity. It is provided by section 37(3)a iv&v that a person should not be terminated on the grounds that he belongs or belonged to any trade union or participates in the lawful activities of a trade union including a lawful strike. There is no doubt this section is the replica what is provided by article 5(a) of Termination of Employment Convention and article 3(a) of Termination of Employment Recommendation that union membership or participation in union membership shall not constitute valid reason for termination. This provision is the clear reflection of article 20(1) which provides for the freedom of association that is every person is free to form or join associations or organizations formed for the purpose of preserving of furthering his beliefs or interests or other interests. By provision of section 37(3) a iv&v of the Act that union membership or participation in union activities is a valid reason for termination compliance and reflection of article 20(1) of the Constitution is vividly seen. The act provides in section 37(3)b i-iii that it shall not be a fair reason to terminate the employment of an employee for reasons related to pregnancy, disability and reasons constitute discrimination under the act. It is clear that this section...
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