‘Ngao ya Mwajiriwa Dhidi ya Ukatili wa Mwajiri’
Employees exposure to mistreatment/injustice by employers
Employees form the backbone of our economies in East Africa as they rally in large numbers each morning marching to their stations of work or logging into their computers for those working from home, all in a bid to devote their time and effort for economic productivity in exchange for wages. These hardworking individuals are valuable assets that drive growth of the regional countries’ GDP in the different sectors they work in, whether in manufacturing, agriculture, tourism, transport and other service industries since they constitute a salient factor of production. In light of the above crucial contribution by employees to economic growth of a country, it behoves the state, employers and greater society to provide formidable laws and safeguards to protect employees from exploitation and mistreatment at their places of work. Unfortunately, the stark reality is that most employees are largely exposed to various injustices at work by their employers and superiors on the backdrop of lack of awareness of their rights, lack of adequate legal safeguards to protect them and unaffordable and slow justice services which further aggravates the plight of employees who are victims of injustice.
Tanzania is no exception to the employee tribulations when it comes to exposure to injustice and hostile treatment at the workplace. Undoubtedly, the number of employees in Tanzania are by far greater than the number of employers or people running their own enterprises as there were 24.3 million employees employed in Tanzania in 2018 according to the National Bureau of Statistics. Additionally, in 2017, 3,014,106 people were reported to be employed in the private sector in 2017 according to the bureau’s data. Taking cognizance of this large number of employees, several cases of employment injustice have emerged including instances of unfair dismissal from work, unfair salary cuts, sexual harassment at work, overtime work requirements without pay, hostile work environment among others. While a majority of labour injustice cases go unreported, The Tanzania Network of Legal Aid Providers (TANLAP) reported 7,340 employment related cases were received by its members between 2015 and 2016. These cases are a clear indicator of the legal woes experienced by a good majority of employees in the course of their employment with dire implications on their livelihoods and well being.
Albeit the enactment of strong labour laws in Tanzania such as the Employment and Labour Relations Act 2004, employees in Tanzania still stand ever more exposed to employment injustice due to the lack of knowledge and understanding of these laws as well as the procedures to be followed in seeking justice. Additionally, the high cost of lawyers and legal services required to lodge an employment suit in a court or tribunal and see the case to completion is a tall order that excludes many of the employees due to their low earnings. Consequently, these limitations of lack of knowledge of the employment law and justice procedures couple up with unaffordable legal services has inevitably led to many Tanzanian employees caving in to intimidation by their employers who exploit the gaps in the legal system and many cases of employment injustice go unreported for fear or losing their job or lack of financial capacity to pursue the case. The COVID-19 pandemic has certainly exacerbated the already prevalent employment injustice as many employees in Tanzania lost their jobs abruptly, many got salary cuts without notice and others were sent on unpaid leave without a guarantee of when, if at all, they would return to work. The 2020 Economic Impact of COVID- 19 on East African Economies report by Deloitte highlighted that 1.5 million employees in Tanzania’s tourism sector were feared to lose their jobs due to closure of hotels and travel restrictions imposed. Bearing in mind the above legal plight befalling employees in Tanzania, what can be done and has been done to relieve them of the distress? Are there innovations suitable to address the employment gaps in law and reality?
Who are the Knights in Shining Armor resolving employee injustice in Tanzania?
The employment justice problem in Tanzania is not all dull and listless as there have emerged innovative solutions working to make it easier for employees facing injustice at their workplaces to seek justice. One such innovator is ESS creative and legal assurance which provides legal assurance services that makes access to justice affordable for Tanzanians including those seeking justice in employment. ESS legal assurance is a non- profit social enterprise run by youth legal professionals, business experts and a financial controller who provide legal assurance to the 60% of Tanzanians including women and youth (girls and boys) who are not eligible to get legal aid for free services and also, they cannot afford to hire private advocates. By taking up the ESS legal assurance, an employee who is covered under the scheme and faces an employment injustice can get access to legal services and lawyers working with ESS who will file the case in court and represent the employee seeking justice until their case is concluded. Undoubtedly, this ESS innovation provides accessible, reliable and affordable access to legal services for employees seeking justice as a covered individual makes small premium payments every month and is issued with a member card which they use to get legal assistance when they need it. Peter Mmbando, a covered member of ESS Legal Assurance, attested to the effectiveness of the cover during a community event titled ‘Ngao ya Mwajiriwa Dhidi ya Ukatili wa Mwajiri’ organized by HiiL Innovation Hub East Africa, where he confirmed ESS provided him legal assistance when he had an employment dispute with his former employer that led to his unfair dismissal.
Legal aid service providers are also very instrumental in providing legal assistance to those whose earnings are too low to afford a lawyer and are eligible for legal aid based on assessment of the legal aid service providers. Tanzania Network of Legal Aid Providers (TANLAP) is one such instrumental legal aid service network provider that works with several other legal service providers in Tanzania to ensure those who are eligible for legal aid get the legal assistance they need to pursue justice. TANLAP is an umbrella national network of legal service providers with membership comprising Non-Governmental Organisations (NGOs), Community –Based Organisations (CBOs), Faith Based Organisations (FBOs) and other institutions providing legal aid in Tanzania. With a membership of more than 12 legal providers operating in all regions of Tanzania, TANLAP works to provide quality legal aid and advocate for access to justice among the poor and marginalised sections of society in Tanzania as well as builds capacity, mutual understanding and coordination amongst legal aid providers and legal aid clients in the country. As an employee facing injustice who is eligible for legal aid in Tanzania, one can reach out to TANLAP where you will get linked with one of its legal aid service providers and get access to legal assistance and lawyers who will file your case and represent you in the pursuit of employment justice.
There is therefore, ample room for innovation in employment justice services in Tanzania as ESS legal assurance and TANLAP have set the pace for legal service provision in Tanzania. What other innovations can help in resolving employment disputes, providing affordable and fast legal services in employment cases in Tanzania?
Story by Morgan Gikonyo
#justice#employment#innovation