Tanzania Mainland
Collective Bargaining (case law)
Impact date: 4 August 2026
The Court of Appeal has clarified the requirements for a trade union to be recognized as an exclusive bargaining agent for employees. Prior to this decision, there was limited judicial guidance on the meaning of "exclusive bargaining agent" and on what constituted a "majority" of employees for these purposes. The Court confirmed that an employer may only recognise a trade union as an exclusive bargaining agent if it represents a majority of employees in the workplace. The Court further clarified that a majority means more than 50% of the total workforce.
Employer implications/action needed Employers should ensure that they verify the level of employee membership before recognizing a trade union as an exclusive bargaining agent. Only a trade union that represents more than 50% of the workforce may be recognized in that capacity.
Employer risk Recognizing a trade union that does not represent a majority of employees as an exclusive bargaining agent may create legal uncertainty and could result in challenges to collective bargaining arrangements. Trade unions that do not have majority support cannot act as exclusive bargaining agents, and any collective bargaining agreements entered into by such unions on behalf of employees may be found to be invalid.
Contact
Lucy Sondo Senior Partner
E: lucy.sondo@abenry.co.tz T: (+255) 22 2926568, 2926569 M:(+255) 767 689696
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