Overtime Pay Tanzania: Working Hours, Rates, Night Work and Holiday Pay

How is overtime pay calculated in Tanzania? On the Mainland, ordinary hours are capped at 45 a week, 9 a day and 6 days. Overtime needs an agreement, is limited to 50 hours in any four-week cycle and 12 hours a day in total, and is paid at not less than 1.5 times the basic wage. Rest-day and public holiday hours pay double. Zanzibar sets 42 hours and pays overtime at double.
This guide sets out overtime pay Tanzania employers owe under the Employment and Labour Relations Act, the hourly-rate formula, night, rest-day and holiday pay, PAYE, records, enforcement and the different Zanzibar rules, with a worked payroll example in shillings.
What the law says about working hours and overtime
On the Mainland, working time is governed by Sub-Part B of Part III of the Employment and Labour Relations Act, Cap. 366. Sub-Part B runs from section 18 to section 26. Section 27 and the First Schedule then convert monthly pay into an hourly rate. We read the TanzLII consolidation of Cap. 366, the version in force from 31 December 2023 to 13 March 2025, which carries the 2019 revision.
The Labour Laws (Amendments) Act, 2025 came into force on 14 March 2025. Notes by Bowmans (28 March 2025) and Ernestilla, Mafita & Company Advocates (4 June 2025) list its changes, from fixed-term contracts to CMA procedure. Neither reports any change to the hours sections. We could not open the amending Act itself.
| Section of Cap. 366 | Heading | Core rule |
|---|---|---|
| s.18 | Application of this Sub-Part | Excludes certain managers; emergency work carve-out |
| s.19 | Interpretation | Defines day, week and overtime |
| s.20 | Hours of work | 45, 9 and 6 day limits; overtime cap and 1.5 times rate |
| s.21 | Night work | 20:00 to 06:00; premium of at least 5 percent |
| s.22 | Compressed working week | Up to 12 hours a day by written agreement |
| s.23 | Averaging hours of work | Averaging by collective agreement, up to one year |
| s.24 | Break in working day | 60 minutes after five hours of continuous work |
| s.25 | Daily and weekly rest periods | 12 hours daily, 24 hours weekly; double pay for rest-day work |
| s.26 | Public holidays | Double basic wage for each hour worked |
| s.27 and First Schedule | Calculation of wage rates | Monthly to hourly conversion |
Older guides, including the Association of Tanzania Employers note of 20 March 2023, cite the 2004 numbering, which runs one lower (s.19 for hours). The rules are the same; only the numbers differ.
Who is affected
- Every Mainland employer with staff on hourly, daily, weekly or monthly pay.
- Payroll and HR teams who compute overtime, night premiums and holiday pay and withhold PAYE on them.
- Foreign investors setting shift patterns for a new plant or hotel. Our guide to employment contracts and workplace policies shows where hours belong in the contract.
- Zanzibar employers, who follow a separate Act with different numbers, covered below.
Section 18(1) takes some managers out of the Sub-Part. It does not apply to employees who manage other employees on behalf of the employer and report directly to a senior management employee. A job title alone does not prove that status.
Section 18(2) also relaxes the daily cap, the overtime rules, the break, the rest periods and the holiday rule for emergency work that cannot be done during ordinary hours. It is an emergency rule, not a planning tool.
What are the ordinary working hours in Tanzania?
Section 20(2) caps ordinary hours at six days in any week, 45 hours in any week and nine hours in any day. Section 20(1) sets an outer limit of 12 hours in any day, overtime included.
Section 19 defines a week as seven days measured from the day the employee normally starts the working week. A day is 24 hours from the time the employee normally starts work. Overtime is work over and above ordinary hours.
| Limit | Mainland rule | Cap. 366 |
|---|---|---|
| Ordinary days a week | Not more than 6 | s.20(2)(a) |
| Ordinary hours a week | Not more than 45 | s.20(2)(b) |
| Ordinary hours a day | Not more than 9 | s.20(2)(c) |
| Total hours a day, overtime included | Not more than 12 | s.20(1) |
| Overtime | Only under an agreement; not more than 50 hours in any four-week cycle | s.20(3) |
| Meal break | At least 60 minutes after more than five hours of continuous work | s.24 |
| Daily rest | At least 12 consecutive hours between ending and restarting work | s.25(1)(a) |
| Weekly rest | At least 24 hours between the last ordinary working day and the first of the next week | s.25(1)(b) |
The Act does not name Sunday as the rest day. Sunday work is ordinary work if it falls inside the employee's agreed working week.
Section 14 makes these standards part of every contract unless the contract is more favourable.
When can an employer require overtime?
Only under an agreement. Section 20(3)(a) says an employer shall not require or permit an employee to work overtime except in accordance with an agreement. Section 20(3)(b) adds the cap: not more than 50 overtime hours in any four-week cycle.
The agreement can sit in the contract, a separate overtime letter or a collective agreement. In practice, write three things down:
- Consent. The employee agrees to work overtime when reasonably requested.
- Approval. Who may authorise overtime, and how it is recorded before or on the day.
- Rate. At least 1.5 times the basic wage, or a better contractual rate.
The cap counts across the four-week cycle, not the calendar month. A 12-hour shift on a nine-hour contract uses 3 overtime hours a day and reaches 50 hours in under 17 working days.
The section bars an employer from requiring or permitting overtime outside an agreement. Hours a supervisor knowingly accepts are therefore payable. Control the approval step, not the payment.
How is overtime pay calculated in Tanzania?
Section 20(5) requires the employer to pay not less than one and one-half times the employee's basic wage for any overtime worked. Two definitions matter.
Section 4 defines basic wage as that part of an employee's remuneration paid in respect of work done during the hours ordinarily worked. Housing, transport and other allowances are not part of it unless the contract says otherwise. The same definition drives annual leave pay.
The First Schedule then gives the conversions. For a monthly wage, divide the monthly rate by 4.333 times the number of hours ordinarily worked each week. The Schedule prints the factor as "4,333", using a decimal comma.
| Pay basis | To find | First Schedule method |
|---|---|---|
| Monthly wage | Hourly rate | Monthly rate divided by (4.333 × ordinary weekly hours) |
| Weekly wage | Hourly rate | Weekly rate divided by ordinary weekly hours |
| Hourly wage | Daily rate | Hourly rate × ordinary daily hours |
| Hourly wage | Monthly rate | Calculated weekly rate × 4.333 |
For a 45-hour week the divisor is 4.333 × 45 = 194.985. A basic wage of TZS 1,000,000 a month therefore gives an hourly rate of about TZS 5,129, and an overtime rate of at least TZS 7,693.
For piece workers, section 27 bases the weekly wage on earnings over the previous 13 weeks.
What do night work, rest days and public holidays pay?
Each premium has its own section. The rates below are statutory minimums on the Mainland.
| Work | Minimum pay | Cap. 366 |
|---|---|---|
| Overtime on an ordinary day | At least 1.5 times the basic wage per hour | s.20(5) |
| Night work, 20:00 to 06:00 | At least 5 percent of basic wage for each hour worked at night; overtime at night is calculated on the overtime rate | s.21(4) |
| Work on the weekly rest day | Only with the employee's agreement; double the hourly basic wage for each hour | s.25(4) |
| Work on a public holiday | Double the basic wage for each hour worked | s.26 |
| Compressed working week | No overtime premium for up to 12 hours a day within the s.22 limits | s.22 |
Night work. Section 21(1) defines night as the hours after 20:00 and before 06:00. It is barred for children under 18 and restricted for some pregnant employees, new mothers and anyone medically certified unfit.
Public holidays. The days come from the Public Holidays Act, Cap. 35. The TanzaniaLaws consolidation lists them in its Schedule, including Union Day on 26 April, Peasants' Day on 8 August and Mwalimu Nyerere Day on 14 October. Section 3 lets the President declare extra or substitute days by proclamation. Confirm each year's official list, because Eid dates move.
The holiday rule applies tomorrow. Any employee who works on Mwalimu Nyerere Day, 14 October 2026, is owed double the basic wage for each hour worked that day.
Can hours be compressed or averaged?
Yes, within limits. Both routes need paper before the roster changes.
- Compressed working week, s.22. A written agreement may require up to 12 hours on a day without overtime pay. The week may not exceed five days, 45 ordinary hours or 10 overtime hours.
- Averaging, s.23. A collective agreement may average ordinary and overtime hours over an agreed period of up to one year. The average may not exceed 40 ordinary hours and 10 overtime hours a week.
Averaging needs a collective agreement, so it is open only where a recognised trade union bargains for the staff. A non-union employer that wants long shifts uses the compressed week instead, with each employee's written consent.
Is overtime taxed under PAYE?
Yes. Section 7(2)(a) of the Income Tax Act, Cap. 332 includes payments of wages, salary, fees, commissions, bonuses and allowances in employment income. Overtime, night premiums and holiday pay are wages for work done, so they are added to the month's pay and taxed through PAYE.
The bands below are from TRA's Taxes and Duties at a Glance 2025/26, item 4.0. The Zatra fee register records them as unchanged by the Finance Acts of 2024, 2025 and 2026.
| Monthly taxable income (TZS) | PAYE, resident employee | Register ID |
|---|---|---|
| Up to 270,000 | Nil | F0176 |
| 270,001 to 520,000 | 8% of the amount above 270,000 | F0177 |
| 520,001 to 760,000 | 20,000 plus 20% of the amount above 520,000 | F0178 |
| 760,001 to 1,000,000 | 68,000 plus 25% of the amount above 760,000 | F0179 |
| Above 1,000,000 | 128,000 plus 30% of the amount above 1,000,000 | F0180 |
SDL is 3.5 percent of monthly gross emoluments for Mainland employers with 10 or more employees (F0276). WCF is 0.5 percent of employees' gross monthly earnings (F0281). Whether the NSSF counts overtime as contributory wage depends on the fund's definition of wage; confirm with NSSF. Our guides to PAYE and net salary and the Skills and Development Levy cover the full computation.
PAYE and SDL are filed and paid by the 7th of the following month, per item 9.0(b) of the TRA guide.
How do Zanzibar's hours and overtime rules differ?
Labour is not a Union matter. Zanzibar employers follow the Employment Act No. 11 of 2005, published in the Zanzibar Government Gazette Legal Supplement of 7 October 2005. We read the Act as enacted. Later Zanzibar amendments, if any, could not be checked this session.
The Zanzibar rates are higher and the hours shorter. Section 63(8)(a) even prints the formula: monthly salary × overtime hours × 2 ÷ 30 ÷ 8.
| Point | Mainland, Cap. 366 | Zanzibar, Act No. 11 of 2005 |
|---|---|---|
| Ordinary hours | 45 a week, 9 a day, 6 days (s.20(2)) | 42 a week, 8 a day (s.62(1)) |
| Overtime basis | Agreement required (s.20(3)(a)) | Agreement required (s.63(1)(a)) |
| Overtime cap | 50 hours in any four-week cycle | 10 hours a week; up to 15 by collective agreement (s.63(1)(b), (3)) |
| Daily maximum | 12 hours including overtime | 12 hours on any day (s.63(2)) |
| Weekday overtime rate | At least 1.5 times basic wage | At least double the hourly rate (s.63(8)(a)) |
| Holiday overtime rate | Double basic wage per hour (s.26) | At least 2.5 times the hourly rate (s.63(8)(b)) |
| Night premium | At least 5% of basic wage per hour, 20:00 to 06:00 | Extra 5% of the daily wage or agreed time off, 22:00 to 06:00 (s.66) |
| Weekly rest | 24 hours; double hourly basic wage if worked | A day's rest after six consecutive days; double hourly basic wage (s.65) |
| Meal break | 60 minutes after five hours | One hour where daily hours reach eight (s.62(5)) |
| Disputes | CMA, then Labour Court | Labour Commission dispute unit, then Industrial Court |
Two points need care. Section 63(8)(c) sets three times the hourly rate for certain hours beyond eight, but its cross-reference is garbled. Section 3 defines night from 19:00, while section 66(3) uses 22:00 for the premium.
A March 2024 Zanzibar government labour procedure repeats the 8 and 42-hour limits. Disputes run under the Labour Relations Act No. 1 of 2005: mediation through the Labour Commission's dispute unit under sections 72 to 74, then the Zanzibar Industrial Court under section 80. Zanzibar SDL is 4 percent for employers with four or more employees (F0278). Our note on running a group across the Mainland and Zanzibar covers split payrolls.
Worked example: overtime on a TZS 1,200,000 salary
The facts. Neema is a production supervisor in Dar es Salaam on a basic wage of TZS 1,200,000 a month and a 45-hour week. She also receives a housing allowance, which is not part of basic wage. In October 2026 she works:
- 20 overtime hours on ordinary days, within an overtime agreement;
- 8 hours on Mwalimu Nyerere Day, 14 October;
- 40 ordinary hours on night shift, between 22:00 and 06:00.
Step 1, hourly rate. TZS 1,200,000 ÷ (4.333 × 45) = 1,200,000 ÷ 194.985 = TZS 6,154 an hour.
| Item | Rate per hour (TZS) | Hours | Amount (TZS) |
|---|---|---|---|
| Overtime at 1.5 times, s.20(5) | 9,231 | 20 | 184,630 |
| Public holiday at double, s.26 | 12,309 | 8 | 98,469 |
| Night premium at 5 percent, s.21(4) | 308 | 40 | 12,309 |
| Total extra pay | 295,408 |
Step 2, the cap. 20 ordinary-day overtime hours are well inside the 50-hour cycle. The holiday hours are paid under section 26.
Step 3, PAYE. Her basic pay already sits above TZS 1,000,000, so every extra shilling falls in the 30 percent band (F0180). PAYE on the extra pay is about 30 percent of TZS 295,408, or TZS 88,622. Her pension deduction may reduce this if the fund treats overtime as contributory wage.
Step 4, employer charges. SDL at 3.5 percent adds TZS 10,339 (F0276). WCF at 0.5 percent adds TZS 1,477 (F0281). Both are paid to TRA and WCF against control numbers.
The cautious reading. We pay the holiday hours at double on top of salary. Some employers argue the salary already covers one times the holiday; the Act does not settle it, so the higher figure is safer.
The same month in Zanzibar. Under section 63(8), weekday overtime is TZS 1,200,000 × 2 ÷ 30 ÷ 8 = TZS 10,000 an hour, so 20 hours cost TZS 200,000. Holiday hours at 2.5 times are TZS 12,500 an hour, or TZS 100,000 for 8 hours. That is TZS 300,000 before the night premium, against TZS 283,099 on the Mainland for the same two items.
What records must an employer keep?
Section 97 requires the employer to keep records of the written particulars under section 16 and of any remuneration paid. Each employee's record is kept for five years after that employee's termination. Section 16 particulars include the hours of work, and section 28(2) requires a written statement of particulars with each payment.
For overtime, the defensible file has five parts:
- the signed overtime agreement or the clause in the contract;
- daily time records or a biometric log showing start, finish and breaks;
- overtime approvals signed by the supervisor;
- a payslip that shows overtime, night and holiday hours separately from basic pay;
- the PAYE and SDL returns that include those amounts.
In a CMA claim for unpaid overtime, an employer without time records has little to set against the employee's own account of the hours. Our guide to payroll records retention sets out the full file and the tax retention rule.
What happens if an employer does not pay overtime?
Three routes are open: inspection, prosecution and a dispute at the CMA.
Labour inspection. Under the Labour Institutions Act, Cap. 300, section 45 lets a labour officer enter a workplace at any reasonable time, examine and copy records and question staff. Section 46 lets the officer issue a compliance order, which the employer must display and obey within the stated period.
| Step or offence | Rule | Source |
|---|---|---|
| Objection to a compliance order | In writing to the Labour Commissioner within 30 days | Cap. 300 s.47(1) |
| Appeal against a compliance order | To the Labour Court within 30 days | Cap. 300 s.48(1) |
| Obstructing a labour officer | Fine up to TZS 5,000,000, 3 months' imprisonment, or both | Cap. 300 ss.49, 63(1), 64(2) |
| Failing to obey a lawful order of a labour officer | Fine up to TZS 10,000,000, 6 months' imprisonment, or both | Cap. 300 ss.63(2)(e), 64(3) |
| Offences under ss.28 and 29 of Cap. 366 (payment and deductions) | Fine up to TZS 1,000,000 | Cap. 366 s.103 |
| Referral of a dispute to the CMA | No fee published (F0452) | CMA Form No. 1 |
CMA disputes. An overtime claim is a dispute of right referred to the Commission for Mediation and Arbitration. Rule 10(2) of the Labour Institutions (Mediation and Arbitration) Rules, GN 64 of 2007, gives 60 days from the date the dispute arose. A termination dispute has 30 days under rule 10(1). In Revocatus A. Kitole and 420 Others v G4S Security Solutions (T) Ltd, decided on 27 August 2021, the Labour Court dismissed a referral filed outside the 60 days.
Expect each unpaid month to be argued as a fresh dispute, so a long-running shortfall may still be partly in time. Mediation should conclude within 30 days of referral under section 87. Our guide to labour disputes at the CMA covers the employer's side, and a termination that follows an overtime row is covered in our employee termination guide.
What to do now
- Map your hours. List each role's ordinary days and hours and check them against 45, 9 and 6 on the Mainland, or 42 and 8 in Zanzibar.
- Get overtime agreements signed. Add a consent and approval clause to every contract, or sign a separate letter for current staff.
- Fix the hourly divisor. Set payroll to divide basic monthly wage by 4.333 times weekly hours, excluding allowances.
- Track the four-week cap. Report overtime per employee per cycle and stop at 50 hours.
- Code the premiums. Create separate payslip lines for overtime, night, rest-day and public holiday hours.
- Run PAYE and SDL on the full amount. Include every premium in the month it is paid and file by the 7th.
- Keep the evidence. Hold time records, approvals and payslips for five years after each employee leaves.
- Audit a past quarter. Recompute three months of overtime and pay any shortfall before a claim reaches the CMA.
Key dates and deadlines
| When | What | Basis |
|---|---|---|
| 14 March 2025 | Labour Laws (Amendments) Act, 2025 in force; no reported change to hours | Bowmans; DLA Piper, 28 Mar 2025 |
| 14 October 2026 | Mwalimu Nyerere Day: double basic wage for each hour worked | Cap. 35 Schedule; Cap. 366 s.26 |
| 7 November 2026 | PAYE and SDL on October pay, overtime included | TRA Glance item 9.0(b); F0276 |
| 9, 25 and 26 December 2026 | Independence and Republic Day, Christmas Day, Boxing Day | Cap. 35 Schedule |
| Every four-week cycle | Overtime capped at 50 hours per employee | Cap. 366 s.20(3)(b) |
| Within 30 days of a compliance order | Object to the Labour Commissioner or appeal to the Labour Court | Cap. 300 ss.47, 48 |
| Within 60 days of the dispute arising | Refer an overtime claim to the CMA | GN 64 of 2007 r.10(2) |
| Five years after termination | Earliest date to destroy the employee's pay records | Cap. 366 s.97 |
How Zatra helps
Zatra's payroll compliance service sets up the hourly divisor, premium codes, statutory deductions and the record file. Our HR consulting team drafts overtime agreements and shift policies and reviews past overtime for exposure. The Finance & Tax Control plan, USD 3,600 to 4,800 a year, includes routine PAYE and SDL filings. A Senior Advisory Session at USD 49 suits a single rostering or overtime question. Prices are on our pricing page.
Taxes, levies and contributions are paid to TRA, NSSF and WCF at the official rate against a control number. These government charges are separate from Zatra's professional fee and are never marked up.
Labour officers, the CMA and the courts decide inspections, compliance orders and claims. Zatra prepares and coordinates the file; it does not decide or guarantee any authority's outcome. Representation at the CMA, the Labour Court or the Zanzibar Industrial Court, a response to a prosecution, or a formal legal opinion goes to an advocate on our team.
Sources and status
Accurate as at 13 October 2026. Rates and levies are from the Zatra fee register at 26 September 2026.
- Employment and Labour Relations Act, Cap. 366: TanzLII, version 31 Dec 2023 to 13 Mar 2025, with the 2019 revision; ss.4, 14, 16, 18 to 28, 97, 103, First Schedule. Accessed 13 Oct 2026.
- Labour Institutions Act, Cap. 300: TanzLII, legislation as at 30 Nov 2019; ss.45 to 49, 63 and 64. Accessed 13 Oct 2026.
- Employment Act No. 11 of 2005 (Zanzibar): Zanzibar Government Gazette Legal Supplement No. 6115, 7 Oct 2005; ss.3, 48, 62 to 67. Accessed 13 Oct 2026.
- Labour Relations Act No. 1 of 2005 (Zanzibar): Act text, assented 5 Mar 2005; ss.72 to 75, 80. Accessed 13 Oct 2026.
- Income Tax Act, Cap. 332: TanzLII, version of 30 Nov 2019; s.7. Accessed 13 Oct 2026.
- Taxes and Duties at a Glance 2025/26: Tanzania Revenue Authority, July 2025; items 4.0, 5.0 and 9.0(b). Accessed 13 Oct 2026.
- Public Holidays Act, Cap. 35: TanzLII, Revised Laws 2002 text; s.3 and Schedule. Accessed 13 Oct 2026.
- Public Holidays Act, consolidated Schedule: TanzaniaLaws, amendments to Act No. 25 of 2002, site dated 2019. Accessed 13 Oct 2026.
- Revocatus A. Kitole and 420 Others v G4S Security Solutions (T) Ltd, Revision No. 4 of 2020: High Court Labour Division, 27 Aug 2021; GN 64 of 2007 r.10. Accessed 13 Oct 2026.
- Hours and days of work: Association of Tanzania Employers, 20 Mar 2023. Accessed 13 Oct 2026.
- Tanzania: key amendments to labour laws: Bowmans, 28 Mar 2025. Accessed 13 Oct 2026.
- Legal alert: amendment to the ELRA: DLA Piper Africa, IMMMA Advocates, 28 Mar 2025. Accessed 13 Oct 2026.
- A critical analysis of latest amendments to employment laws in Tanzania: Ernestilla, Mafita & Company Advocates via Mondaq, 4 Jun 2025. Accessed 13 Oct 2026.
- Zi-JUMP labour management procedures: Revolutionary Government of Zanzibar, March 2024. Accessed 13 Oct 2026.
- Zatra fee register lines F0176 to F0180, F0276, F0278, F0281 and F0452: Tanzania Government Fees 2026, fees at 26 Sep 2026. Accessed 13 Oct 2026.
Figures to confirm before you act
- 2025 amendments: the Labour Laws (Amendments) Act, 2025 text was not opened; law firm notes report no change to ss.18 to 27
- Night premium base: s.21(4) says 5 percent of basic wage for each hour worked at night; we apply it to the hourly basic wage
- Public holiday pay: whether double pay is on top of the monthly salary or includes it; the example uses the cautious reading
- NSSF on overtime: whether overtime is contributory wage under the NSSF Act; confirm with NSSF
- Cap. 300 penalties: taken from the 2019 consolidation; later amendments were not checked
- Zanzibar: the Employment Act No. 11 of 2005 was read as enacted; amendments, the s.63(8)(c) cross-reference and the two night definitions need Zanzibar advice
- Public holiday list: confirm each year's official calendar, including Eid dates and days declared under s.3
- Sector rules: wage orders and collective agreements may set better rates
This article is general information based on official sources available at the date of publication. It is not legal, tax or financial advice. Laws and notices change. Verify with the issuing authority or consult Zatra before acting.
Frequently asked questions
Can an employee refuse to work overtime in Tanzania?
Yes, unless they have agreed to it. Overtime is lawful only under an agreement, so an employee with no overtime clause or letter can decline. Where a signed agreement exists, an unreasonable refusal can become a conduct matter, handled through a fair disciplinary process rather than deductions from pay.
Can we give time off instead of paying overtime on the Mainland?
Cap. 366 sets a minimum payment for overtime and does not offer time off in lieu as a substitute. A compressed week or a collective agreement on averaging are the lawful ways to rebalance hours. Zanzibar allows agreed time off in place of the night premium only.
Are salaried managers entitled to overtime pay?
Not always. The hours Sub-Part excludes employees who manage other staff on the employer's behalf and report directly to a senior management employee. Other salaried staff, including professionals without supervisory duties, remain covered whatever their contract says. Test the actual duties, not the job title.
Does a fixed monthly overtime allowance satisfy the law?
Only if it is at least what the hours worked would earn at 1.5 times basic wage in every month. A flat allowance that falls short in a busy month leaves a shortfall. Keep time records and reconcile the allowance against actual hours each payroll.
Do part-time and casual workers get overtime?
Overtime is work beyond ordinary hours, so a part-time employee working within 45 hours a week is not on overtime under the Act. A contract can still promise a premium. Daily and casual employees who exceed 9 hours in a day are owed the statutory rate.
Can overtime be part of a minimum wage calculation?
Sector wage orders set a minimum for ordinary work, and overtime is paid on top of the basic wage. The safer course is to meet the minimum from basic wage alone and treat overtime as extra. Check the current wage order for your sector before setting pay.
Does a foreign employee on a work permit get the same overtime rights?
Yes. Cap. 366 applies to employees working in Mainland Tanzania regardless of nationality, and the 2025 amendments allow fixed-term contracts tied to work permit periods. A resident foreign employee pays PAYE on the normal bands; a non-resident employee pays a 15 percent final tax (F0182), overtime included.
Sources & regulators
Verify before filing: Rates, forms and thresholds move by Finance Act, Government Notice and portal revision. Confirm the live schedule on the mandate-holder portal before you budget or submit. Law-firm alerts and Big Four notes are discovery only.
- Employment and Labour Relations Act, Cap. 366 (TanzLII consolidation): TanzLII, version in force 31 Dec 2023 to 13 Mar 2025, incorporating the revision of 30 Nov 2019; ss.4, 14, 16, 18 to 28, 97, 103 and First Schedule read 13 Oct 2026; primary source. Accessed 2026-10-13.
- Labour Institutions Act, Cap. 300: TanzLII, legislation as at 30 Nov 2019; ss.45 to 49, 63 and 64 read 13 Oct 2026; primary source. Accessed 2026-10-13.
- Employment Act No. 11 of 2005 (Zanzibar): Zanzibar Government Gazette Legal Supplement No. 6115, published 7 Oct 2005, assented 27 Sep 2005; ss.3, 48, 62 to 67 read 13 Oct 2026; primary source. Accessed 2026-10-13.
- Labour Relations Act No. 1 of 2005 (Zanzibar): Act text, assented 5 Mar 2005, hosted by RODRA; ss.72 to 75 and 80 read 13 Oct 2026; primary text. Accessed 2026-10-13.
- Income Tax Act, Cap. 332: TanzLII, version of 30 Nov 2019; s.7(2)(a) read 13 Oct 2026; primary source. Accessed 2026-10-13.
- TRA: Taxes and Duties at a Glance 2025/26: Tanzania Revenue Authority, July 2025; items 4.0, 5.0 and 9.0(b) read 13 Oct 2026; primary source. Accessed 2026-10-13.
- Public Holidays Act, Cap. 35: TanzLII, Revised Laws 2002 text (version 31 Jul 2002); s.3 and Schedule read 13 Oct 2026; primary source. Accessed 2026-10-13.
- Public Holidays Act, consolidated Schedule: TanzaniaLaws consolidation to Act No. 25 of 2002, site dated 2019; Schedule including 14 October read 13 Oct 2026. Accessed 2026-10-13.
- Revocatus A. Kitole and 420 Others v G4S Security Solutions (T) Ltd: High Court of Tanzania, Labour Division, judgment of 27 Aug 2021; GN 64 of 2007 r.10(1) and (2); primary source. Accessed 2026-10-13.
- ATE: Hours and days of work: Association of Tanzania Employers, published 20 Mar 2023; independent source on hours, overtime and night work. Accessed 2026-10-13.
- Bowmans: Tanzania, key amendments to labour laws: Bowmans, published 28 Mar 2025; independent law firm note on the Labour Laws (Amendments) Act, 2025. Accessed 2026-10-13.
- DLA Piper Africa: Amendment to the ELRA: DLA Piper Africa, IMMMA Advocates, published 28 Mar 2025; independent source on commencement 14 Mar 2025. Accessed 2026-10-13.
- Ernestilla, Mafita & Company: Latest amendments to employment laws in Tanzania: Mondaq, published 4 Jun 2025; independent law firm note listing amended sections. Accessed 2026-10-13.
- Zi-JUMP Labour Management Procedures: Revolutionary Government of Zanzibar, March 2024; secondary confirmation of Zanzibar 8 and 42-hour limits. Accessed 2026-10-13.
Disclaimer
This article is informational orientation. It is not legal, tax or investment advice and not a government decision. Tanzanian instruments move by Act, Government Notice, Finance Act and portal revision. If a sentence here disagrees with the live mandate-holder, the mandate-holder wins. Zatra Consultants Limited does not issue licences, permits, tax clearances or approvals, and gives no assurance of any regulatory or banking outcome. Professional fees are published only on /pricing/.
