THE WISEMAN VIEW

Once a critical analysis is done of what makes numerous employment claims to be lodged in employment tribunals like CMA and labor Court in Tanzania. One will find out that most of the cases lie between the critical skills shortage from HR practitioners employed in an organization and entrusted to deal with labor matters and non-compliance from employer’s internal policies, laws, and regulations governing Employment matters in Tanzania.

These scenarios tell us how employers contribute a high percentage of their downfalls to the CMA or Labor Court. People who are employed as HR practitioner, either as an Officer, consultant, Business partner, or manager they are required to decide on employment matters that touch on legal knowledge or application that requires a deep understanding of the proper interpretation and application of the law. It became a disaster!

?It has been almost 14 years since I began employment, and I have seen many employers unable to take seriously the importance of managing HR risks in the organization or conducting HR compliance audits to measure statutory compliance with HR activities. Conduct an independent, objective, systematic, and critical examination of HR functions, practices, and procedures?in the organization, check for any deviations from internal and regulatory standards; devise appropriate strategies and corrective actions in HR-related areas, and know the factors that are detrimental to the non-implementation or wrong implementation of the planned and HR activities.

Deviance from legal perspective governing employment relations or improper procedural adherence leads to litigations which will cost organization massively.

?For those who take HR audits and statutory compliance seriously, always conduct it to determine the degree of compliance?and curb all loop holes available to make sure the organization is free from risks.

HR audits uncover the following which could otherwise impact the organization;

1. Auditing and compliance helps to elevate companies brand?which requires winning tenders and other awards.
2. Constant followed-up and checking from Labor Officers
3. Paying huge penalties to the court for their non-compliance
4. To be employer of choice; Companies which conduct HR Audits usually have less risks so as to, say, have good working systems which may attract good candidates to work with.

For the sake of understanding and reminding you all, attorneys are not "Witch?doctors", we are a bunch of Legal professionals and Experts in specialized legal areas who depend on the availability of credible evidence and total adherence to all statutory and regulatory compliance for us to win a case or claim.

?Thus, to avoid all these and other pitfalls, Aqual Attorneys?is there to help as a Company Retainer and has designed a series of training to impart knowledge to HR practitioners; Line managers, and top leadership on HR Compliance and Auditing in their organizations.

This article aims to give understanding on how to deal with labor matters encountered in day-to day operations of the company.

?We have hands-on experience in developing policies, manuals, and SOPs on Discipline Management in the workplace, focusing on Tanzanian Laws and regulations.

For further information, clarification, or assistance, contact Aqual attorneys Adv Patrick 0688553694, Adv. Samy 0717810836, Adv. Fredick 0658983689