Legal Alert | List of Occupation Roles Permitted for Expatriate Employees – Urgent Consultation

The Prime Minister’s Office has circulated a draft Notice which contains proposals for the only types of occupations / employment roles in which non-citizens (expatriates) would be permitted to be employed in Tanzania if the Notice is adopted in its current form.

Any roles not mentioned in the final Notice would not be permitted to be filled by expatriates, as work permits (and exemptions) will only be granted for the limited roles in the final Notice.

This could have a major impact on many businesses because the Notice does not include many roles where an expatriate may have skills not otherwise readily available on market.

Examples of roles that are not on the current list in the Notice, and therefore would be forbidden to expatriates if the Notice is adopted, include (amongst many others):

I) CFOs and accountants;

II) most types of dentists and doctors;

III) banks and financial services roles (other than managing directors);

IV) agricultural sector roles;

V) managing directors and CEOs for any business (except for the mining/ oil and gas, hotels/ lodges/ camps, financial and insurance services, textiles and manufacturing industries);

VI) managers for most industries.

This Notice also sets-out minimum education requirements (such as a ‘Master’s Degree’, ‘PhD’ or ‘Diploma’) and experience-levels (such as 10 years in the relevant industry and 5 years in the exact same positon) required by expatriates to be eligible for the permitted roles.  Certain industries may find that expatriates with requisite specialised on-the-job experience and skills cannot meet the minimum education requirements in highly-skilled roles where senior managers may have started via apprenticeships/vocational entry-level roles twenty years ago.

The text of the Notice is available here.

The public sector has only this week to make comments on the proposals through the Tanzania National Business Council (TNBC). Many private sector trade and interest groups, including the Association of Tanzania Employers (ATE), are collating comments to put forward as part of this public consultation.

If you have any questions regarding this legal alert or require more information on the impact of the proposals, or details as to where you can send any comments that you might have on the proposals, please contact Shamiza RatansiSonal Sejpal  or Asha-Sabrina Ayub.

     
Shamiza Ratansi
snr@tz.africalegalnetwork.com
Sonal Sejpal
ss@africalegalnetwork.com
Asha-Sabrina Ayub
aas@tz.africalegalnetwork.com

The content of this alert is intended to be of general use only and should not be relied upon without seeking specific legal advice on any matter.