Right of Employee under Probation Period: Examination of Laws and Practice in Tanzania.

Massawe, Thadeus I. (2024) Right of Employee under Probation Period: Examination of Laws and Practice in Tanzania. Masters thesis, The Open University of Tanzania.

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Abstract

This research study dealt with the rights of the employees under probation Period from the legal perspective through examination of laws and practice simply I can say it intends to make a review and analysis of the laws and practical frameworks, which govern the rights of the probationary employees in Tanzania. The researcher intends to know why employees under probation period are not covered under section 35 of the Employment and Labour Relation Act. The researcher used two research methodologies that are Doctrinal legal research comprises an in-depth analysis of the legal doctrine with its development process and legal reasoning, traditional research is concerned with documents rather than with people and society or experience and observations. It is found through this research study that there is no express provision in the Employment and Labour Relations Act 2004 about the probation period. Nonetheless, the law denies the right to claim unfair termination as per section 35. Hence, this empowers employers to abuse their employees. It is the interest of this research study to recommend the amendment of the laws to protect probationary employees, the grounds for terminating probation employees, the right to claim unfair termination, and the legal rights of employees under the probation period.

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