The lack of written employment contracts for domestic workers has left many vulnerable, exposing them to unfair treatment and exploitation.
Tanzania’s Employment and Labour Relations Act of 2004 requires that any worker putting in more than 45 hours a week must have a formal employment contract and be paid for overtime.
This concern was highlighted by 25 representatives of domestic workers from six regions during a training workshop organized by the International Labour Organization (ILO) in collaboration with the United Nations Office of the High Commissioner for Human Rights (OHCHR), the Government of Tanzania, and the Union for Domestic, Hotel, Social Services, and Advisory Workers (CHODAWU).
The representatives revealed that most domestic workers rely on verbal agreements with their employers, contrary to legal requirements, leaving them without basic employment rights.
Desdelia Simon, a domestic worker and Chairperson of Domestic Workers in Morogoro Region, said the absence of written contracts is a major challenge, as such contracts clearly outline workers’ rights and obligations.
“When employers refuse to provide written contracts, workers face delayed or unpaid salaries, sexual harassment, denial of leave, and verbal abuse. Employers often argue that no one else can handle their domestic work during leave,” Simon said.
She stressed that employers should recognise the importance of written contracts to ensure domestic workers enjoy rights similar to those in other sectors.
“Without a formal contract, a domestic worker may avoid taking leave for fear of losing their job. Most of our work is based on verbal agreements, which are not legally binding, even though the work we perform is comparable to that in other sectors,” she added.
Simon noted that many employers avoid written contracts, fearing they would limit their control over domestic workers. She clarified that written contracts benefit both parties by providing clear protections.
Jenifer Mtanga, a domestic worker from Dodoma, shared her experience with a written contract. Within a year, she secured an employer willing to provide a formal agreement, ensuring timely salary payments, leave, and rest periods.
“Previously, I worked for several employers, and one even terminated me without explanation, withholding my salary. It was painful, but I had no legal recourse. Later, I found an employer who participated in CHODAWU training and offered me a written contract with a salary of Sh. 150,000 per month,” Mtanga said.
Asteria Gerald, Head of Legal Affairs at CHODAWU, highlighted that written contracts are key to fostering clear communication and protecting the rights of both domestic workers and employers.
“Written contracts prevent disputes. Without one, an oral agreement may lead to misunderstandings about salary or duties. A contract also outlines obligations, such as giving notice before leaving a job, protecting both the worker and the employer,” Gerald explained.
Herman Komba, an arbitrator from the Commission for Mediation and Arbitration (CMA), noted that Tanzanian labour law requires employers to provide employment contracts specifying the names of both parties, residence addresses, salary, working hours, and leave.
“Many domestic workers still receive only oral agreements, which, while sometimes legally recognised, are insufficient to protect their rights. Written contracts are essential for resolving disputes and ensuring compliance with the law,” Komba said.
Advocates are calling on all employers of domestic workers to adopt written employment contracts immediately to safeguard the rights and welfare of this vital workforce.
