Permits & People

Probation Period Tanzania: Rule 10, the Six-Month Line, Notice and Zanzibar

Cover: probation period for employers in Mainland Tanzania and Zanzibar under Rule 10 of GN 42 of 2007 and section 35 of Cap. 366
Rule 10 of the Code of Good Practice governs Mainland probation; section 35 of the Act draws the six-month line. As at 19 October 2026.
Direct answer

How long can probation last in Tanzania? On the Mainland, the Employment and Labour Relations Act sets no probation period. Rule 10 of the Code of Good Practice, GN 42 of 2007, requires a reasonable period of not more than twelve months, extended only after consultation. Unfair termination protection starts at six months' service. Notice, wages and contributions apply from day one. Zanzibar sets six months.

Zatra's employer guide to the probation period Tanzania law allows, from the offer letter to confirmation or exit.

What the law says about probation

Probation on the Mainland rests on two instruments. The first is the Employment and Labour Relations Act, Cap. 366 (ELRA). We read the Revised Edition of 2019, hosted by the ILO. The Act does not use the word "probation" in its operative sections. It sets the rules that probation cannot override: written particulars, notice, wages and the six-month line for unfair termination.

The second is the Employment and Labour Relations (Code of Good Practice) Rules, 2007, published as GN 42 of 2007 under the Act's power to issue codes. The ILO NATLEX record gives the adoption date as 24 January 2007. Rule 10, headed "Probationary employees", is the only detailed set of probation rules in Mainland law. Section 37(4) of the Act requires arbitrators and the Labour Court to take the Code into account.

Rule 10 sub-ruleWhat it requiresWhat it means for the employer
10(2)The probation terms are made known to the employee before employment startsPut the period, review points and standards in the offer letter or contract
10(3)Probation exists to let the employer assess competence and suitabilityProbation is an assessment, not a free exit
10(4)A reasonable period, not more than twelve months, considering the job, the standards and sector practiceThree to six months suits most roles; twelve months is the ceiling
10(5)Extension for a further reasonable period, after consultation, where the employer cannot yet assess the employeeExtension needs a reason and a meeting, not a silent rollover
10(6)Regular monitoring, meetings and guidance such as instruction, training and counsellingKeep dated review notes
10(7)Concerns are notified, with a chance to respond or improveRaise problems in writing early
10(8)Termination only after the employee was told, could respond and had reasonable time to improve, and failedThe three steps are the file a CMA arbitrator will ask for
10(9)Representation by a fellow employee or union representative in the 10(7) processOffer it in the meeting invitation

Our reading of Rule 10 is based on a copy of the Gazette text and on two independent summaries. Mafita & Company Advocates (Mondaq, 12 March 2024) and the Association of Tanzania Employers (9 March 2023) both give the twelve-month ceiling.

What changed in 2025. The Labour Laws (Amendments) Act No. 4 of 2025, published on 14 March 2025, does not mention probation. It did not amend section 35, the six-month line, or section 41 on notice. It did rewrite the fixed-term categories in section 14(1)(b) and the compensation ranges in section 40. Both matter when probation goes wrong.

A note on numbering: we cite the 2019 Revised Edition. In the original 2004 print, the sections used here sit one number higher, so section 35 appears as section 36.

Who should read this

Our guide to employment contracts and workplace policies covers the full contract.

How long can probation last in Tanzania?

Rule 10(4) gives the test: a reasonable period of not more than twelve months. Reasonable depends on the nature of the job, the standards required and the custom in the sector.

The six-month line in section 35 shapes the practical choice. Section 35 says the unfair termination Sub-Part "shall not apply to an employee with less than 6 months' employment with the same employer". An employer who wants a decision before that protection attaches will set probation at six months or less and decide in month five.

A probation of up to twelve months is lawful under Rule 10. It does not delay the six-month line, which runs from the start of employment whatever the contract says. Our reading is that months seven to twelve are protected months on the face of section 35.

That reading meets a contrary signal. Mafita & Company report that in David Nzaligo v. National Microfinance Bank PLC, Civil Appeal No. 61 of 2016, the Court of Appeal held in 2019 that expiry of probation does not by itself change an employee's status. The employee had passed six months by about eleven days without confirmation. The authors criticise the ruling and ask the courts to revisit it. We treat the point as unsettled and advise employers not to rely on it.

Can an employer extend probation?

Yes, but only on Rule 10(5)'s terms. The employer must be unable yet to assess competence or suitability. It must consult the employee first, and the extension must be for a further reasonable period. The twelve-month ceiling in Rule 10(4) still applies, and the ATE summary treats twelve months as the limit including extensions.

A sound extension file holds a review note, a record of the consultation meeting and a letter stating the new end date, the reason and the standards still to be met.

An extension that carries the employee past six months does not suspend section 35. Plan for that, or confirm the employee and manage performance under the ordinary rules.

Does a probationer have unfair termination protection?

Not under Sub-Part E of the Act while service is under six months. Section 35 excludes that Sub-Part, which holds sections 36 to 40: the definition of termination, the fair reason and fair procedure test, and the remedies. Mafita & Company report that in Total Tanzania Limited v. Seet Peng Swee, Revision No. 500 of 2020, the Labour Division held that the CMA lacked jurisdiction over unfair termination claims by employees under six months who were never confirmed.

That is not the end of the employer's exposure. Three routes stay open:

Once service passes six months, the full test in section 37 applies. Section 40, as amended by section 12 of Act No. 4 of 2025, now sets compensation by type. An unfair procedure costs 6 to 12 months' remuneration. An unfair reason costs 12 to 18 months, and both together 12 to 20 months. Discrimination or harassment costs 12 to 24 months. Our guide to labour disputes at the CMA explains how claims are referred and heard.

How do you end employment during probation fairly?

Rule 10(8) allows termination only where three things happened and the employee still fell short. Follow them as a sequence and keep the paper.

  1. Tell the employee about the concern. Name the standard, the gap and the evidence, in writing.
  2. Hear the response. Offer a meeting and allow a fellow employee or union representative under Rule 10(9).
  3. Allow reasonable time to improve. Set a target, give guidance or training, and review on a fixed date.
  4. Decide and record the reason. If the standard is still not met, issue written notice under section 41(3), stating the reason and the date.

Misconduct during probation is handled as misconduct, through investigation and a hearing. Rule 10 does not replace a disciplinary process.

Our guide to employee termination covers the general procedure for confirmed staff, including hearings and terminal dues.

What notice applies during probation?

Section 41 sits in Sub-Part F, which section 35 does not exclude. Notice therefore applies to probationers. Section 41(1) sets the minimum periods, and section 41(2) allows a longer period only if it is equal for both sides.

When notice is givenMinimum notice, MainlandBasis
In the first month of employment7 daysELRA s.41(1)(a)
After the first month, daily or weekly paid4 daysELRA s.41(1)(b)
After the first month, monthly paid28 daysELRA s.41(1)(b)
Contract sets a longer periodThe agreed period, if equal for both partiesELRA s.41(2)
Employer prefers the employee to leave at oncePay in lieu of the notice periodELRA s.41(5)

Notice must be in writing, with the reasons and the date (section 41(3)). It cannot be given during leave under the Act or run with it (section 41(4)). The same periods bind a probationer who resigns.

On exit, section 44(1) requires payment for work done and notice pay, among other dues. Section 44(2) requires a certificate of service. Severance under section 42 needs twelve months' continuous service, so it does not arise on a normal probation exit.

Do statutory contributions apply from day one?

Yes. None of the payroll laws carves out probationers. A probationer is an employee, paid wages, and the charges run on those wages from the first payroll. The rates below come from the Zatra government fees register at 26 September 2026. PAYE and SDL match TRA's Taxes and Duties at a Glance 2025/26.

ChargeRate and baseDueRegister ID
PAYE, resident employeeNil to TZS 270,000 a month; then 8%, 20%, 25% and 30% bandsBy the 7th of the following monthF0176 to F0180
NSSF, private sector20% of wage; employee share not above 10%MonthlyF0279
Late NSSF5% of the unpaid amount for each month or partOn late paymentF0446
Skills and Development Levy, Mainland3.5% of gross emoluments; employers with 10 or more employeesBy the 7th of the following monthF0276
Skills and Development Levy, Zanzibar4% of gross emoluments; employers with 4 or more employeesMonthly, to ZRBF0278
WCF, Mainland0.5% of gross monthly earnings, employer onlyMonthlyF0281
Late WCFInterest of 2% of the delayed amountOn late paymentF0449

Register the employee with NSSF and include the wages in the WCF return from the first month. A work injury in week two is covered by the Workers Compensation Fund like any other. Our guides to PAYE and net salary, WCF employer duties and employer registration cover the mechanics.

The sector minimum wage applies from the first day too, as our minimum wage guide explains. Leave is different. Section 29(1) gives no paid leave under the leave Part to an employee with less than six months' service, which covers most probationers. Our guides to annual leave and sick leave set out what starts at month six.

Can a foreign employee serve probation on a work permit?

Yes, but the permit comes first. A non-citizen may not start work, probation included, until the Labour Commissioner has issued a work permit or an exemption. Employing a non-citizen without one carries a fine of not less than TZS 10,000,000, imprisonment of not less than two years, or both (F0422). The Labour e-permit guidelines list an employment contract among the documents for Classes B to E.

ItemOfficial figureRegister ID
Work permit Class B, prescribed professionsUSD 500F0414
Work permit Class C, other professionsUSD 1,000F0415
Facilitation fee when filed through TISEZAUSD 100F0418
Employing without a permit or exemptionFine of at least TZS 10,000,000, or at least 2 years, or bothF0422
Failure to surrender the permit within 14 days before departureFine of at least TZS 10,000,000, or at least 12 months, or bothF0424
RenewalFull class fee again; apply at least 60 days before expiryNEW-04-36

Three points matter for probation. First, section 37 of Act No. 4 of 2025 made the permit fee "non-refundable", so a failed probation loses the fee. Second, the new section 14(1)(b)(iv) lets an employer use a fixed-term contract for a non-citizen granted a permit for a defined duration. Probation can sit inside that contract. Third, section 35 counts all employment with the same employer, so a foreign hire is protected after six months on the same terms as a citizen.

Clyde & Co (30 April 2025) describe the non-citizen category as a contract matching the permit's duration. Our guides to hiring foreign employees and work permit renewal cover the sequence.

What should the written terms say about probation?

Section 15(1) requires written particulars when employment starts. They include the job description, start date, form and duration of the contract, place of work, hours and remuneration. A written contract containing them all does the same job (section 15(2)). Rule 10(2) adds that probation terms must be known before work starts. The probation clause belongs in the contract, not in a later memo.

A workable probation clause states:

Keep the particulars for five years after the employment ends (section 15(5)). If the employer cannot produce them in proceedings, section 15(6) puts the burden of proving the term on the employer. A probation period that exists only in a manager's memory is hard to prove.

Worked example: probation on TZS 1,500,000 a month

A Dar es Salaam logistics company with 15 staff hires Neema as an accounts officer from 1 February 2027. Her basic salary is TZS 1,500,000 a month and her contract sets a six-month probation. The company uses a 30-day month, so her daily rate is TZS 50,000. NSSF is split 10 and 10.

Step 1: the monthly payroll from February.

LineBasisTZS a month
Gross salaryContract1,500,000
Employee NSSF at 10%F0279(150,000)
Taxable payGross less employee NSSF1,350,000
PAYE: 128,000 plus 30% of 350,000F0180(233,000)
Net pay to Neema1,117,000
Employer NSSF at 10%F0279150,000
SDL at 3.5% (15 staff)F027652,500
WCF at 0.5%F02817,500
Employer costGross plus employer charges1,710,000

Six months of probation cost the company TZS 10,260,000 before recruitment and training.

Step 2: an exit in the first month. On 22 February the company concludes Neema is unsuited to the role after a documented review and meeting. Notice given in the first month is 7 days. Pay in lieu is 7 x 50,000 = TZS 350,000, plus salary for the days worked.

Step 3: an exit in month four. Suppose the concern arises later. A review on 1 May records the gaps and sets a four-week target. The follow-up on 31 May shows no improvement. Notice is then 28 days, and pay in lieu is 28 x 50,000 = TZS 1,400,000.

Step 4: the cost of drifting past six months. Neema completes six months on 31 July 2027. Suppose the company extends probation without consultation and ends her employment in September. If the CMA found an unfair reason, section 40 compensation would be 12 to 18 months' remuneration: TZS 18,000,000 to 27,000,000 on basic salary alone. An unfair procedure only would cost TZS 9,000,000 to 18,000,000. The Rule 10 file costs a few hours of a manager's time.

How does probation work in Zanzibar?

Labour is not a Union matter, so Cap. 366 and GN 42 of 2007 do not apply in Unguja and Pemba. We read section 60 of the Employment Act No. 11 of 2005 in the Zanzibar Government Gazette Legal Supplement of 7 October 2005. The ILO NATLEX record gives the adoption date as 27 September 2005. Zanzibar fixes the period rather than leaving it to reasonableness.

PointMainlandZanzibar
LawELRA Cap. 366; Rule 10 of GN 42 of 2007Employment Act No. 11 of 2005, s.60
LengthReasonable, not more than 12 months (Rule 10(4))6 months for a written permanent contract; 3 months for unwritten temporary service (s.60(1), (2))
ExtensionAfter consultation, for a reasonable period (Rule 10(5))Up to a further 6 months (s.60(1) proviso)
No confirmation letterCourt of Appeal in Nzaligo (2019, as reported): status does not change automaticallyEmployee deemed confirmed when the period expires (s.60(3))
Notice during probation7 days in month one; then 4 or 28 days (s.41(1))14 days, or 14 days' wages in lieu, either party (s.60(4))
Grounds that are not good causeDiscrimination grounds under s.7Pregnancy or breastfeeding; absence through sickness, among others (s.60(5))
Foreign employeesWork permit from the Labour CommissionerWritten contract attested by a labour officer, stating the probation period if any (s.57(1))
Skills levy3.5%, 10 or more employees (F0276)4%, 4 or more employees (F0278)

The deemed confirmation rule is the main trap for Zanzibar employers. If the six months pass without a letter, the employee is confirmed by law. Diary the end date and decide before it. Our guide to the Zanzibar work permit covers the separate permit route on the islands.

What to do now

  1. Fix the length. Set probation by role, usually three to six months on the Mainland, and never above twelve.
  2. Write the clause. Put the period, standards, review points, extension rule, notice and confirmation step in the contract before the start date.
  3. Diary the dates. Record the end of month one, each review, the six-month date and the probation end date for every new hire.
  4. Run the payroll from day one. Register the employee with NSSF and include the wages in PAYE, SDL and WCF from the first month.
  5. Review and record. Hold the reviews, write short notes and raise concerns in writing with a target and a date.
  6. Decide before month six. Confirm by letter, extend after consultation with a reason, or give written notice after the Rule 10(8) steps.
  7. Clear foreign hires first. Obtain the work permit before the start date and plan for permit surrender if probation ends early.
  8. Run Zanzibar separately. Apply section 60 of the 2005 Act, its 14-day notice and its deemed confirmation rule.
  9. Escalate disputes. Send any probation exit challenged at the CMA, or any exit after six months, to an advocate before acting.

Key dates and deadlines

The table follows Neema's Mainland probation from the worked example.

WhenDate in the exampleWhat happensBasis
Before the start dateBy 31 January 2027Probation terms made known; contract or particulars signedRule 10(2); ELRA s.15(1)
End of month one28 February 2027Last day on which 7 days' notice is the minimumELRA s.41(1)(a)
7th of each following month7 March 2027, then monthlyPAYE and SDL on February wagesF0176 to F0180; F0276
MonthlyFor February wages, during MarchNSSF and WCF contributionsF0279, F0281; F0446 and F0449 if late
Mid-point review1 May 2027Written review; concerns notified with a targetRule 10(6), (7)
Decision pointBy 1 July 2027Confirm, extend after consultation, or give noticeRule 10(5), (8)
Six months complete31 July 2027Unfair termination Sub-Part applies from hereELRA s.35
Outer limit31 January 2028Twelve-month ceiling for probationRule 10(4)

How Zatra helps

Zatra's HR consulting team drafts probation clauses, review templates, extension letters and confirmation letters. Our payroll compliance service sets up the new hire's PAYE, NSSF, SDL and WCF from the first month. For foreign hires, our work and residence permit team files the permit before the start date. Prices are on our pricing page.

Government charges follow the two-bucket rule. Permit fees, PAYE, SDL, NSSF and WCF are paid at the official rate on the authority's GePG control number. They are separate from Zatra's professional fee and never marked up. The official figures are in our government fees handbook.

Labour officers, the Commission for Mediation and Arbitration and the Labour Court decide probation and termination disputes. Zatra prepares and organises the employer's file; it does not decide or guarantee any authority's outcome. CMA and Labour Court representation, prosecutions and legal opinions go to an advocate on our team.

Sources and status

Accurate as at 19 October 2026. All sources below were accessed on 19 October 2026. Mainland rules are from Cap. 366 R.E. 2019, as amended by Act No. 4 of 2025, and Rule 10 of GN 42 of 2007. Contribution rates and permit fees are from the Zatra fee register at 26 September 2026.

Figures to confirm before you act

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 on probation resign without notice?

No. Section 41 binds both sides, so a probationer who resigns gives 7 days in the first month and 4 or 28 days after that. If the employee refuses to work the notice, section 41(6) lets the employer deduct the amount for that period from money due on termination.

Can an employer put a promoted employee on probation in the new role?

A trial period in a new role is common and can be agreed in writing. It does not restart the six-month line, because section 35 counts employment with the same employer. If the trial fails, the safer course is a return to the former role on agreed terms, not dismissal.

Can probation be shortened or the employee confirmed early?

Yes. Rule 10 sets a ceiling, not a minimum, and the ATE summary confirms there is no minimum period. An employer satisfied with the employee after two months can confirm by letter at once. Early confirmation helps retention and removes doubt about the employee's status.

Does a fixed-term contract need a separate probation clause?

Only if the employer wants a trial period inside the term. A fixed-term contract under section 14(1)(b) can include probation, but the employee still gains section 35 protection at six months. Early termination of a fixed-term contract also carries the new section 41A compensation risk added in 2025.

What if the employer forgets to send a confirmation letter?

On the Mainland, the reported Nzaligo ruling says status does not change automatically, but section 35 protection still runs from six months. In Zanzibar, section 60(3) deems the employee confirmed when the period expires. Either way, send a confirmation or extension letter before the end date.

Can a probationer be dismissed for falling ill?

In Zanzibar, section 60(5) says absence through sickness is not good cause during probation. On the Mainland, ill health is a capacity matter, and a probationer under six months has no paid sick leave under section 29(1). Treat illness separately from performance and take advice before any exit.

Is the work permit fee refunded if a foreign employee fails probation?

No. Act No. 4 of 2025 inserted the word "non-refundable" into the fee provision of the Non-Citizens (Employment Regulation) Act. Budget the fee as a sunk cost of the hire, and use a structured review in the first months so the decision is made early.

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.

Brief the desk

This Insights page is orientation. HR consulting is the commercial desk for the same facts. Zatra’s fee stays on its own line, separate from government, bank and regulator charges. Approvals are not guaranteed.

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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/.

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