The Individual Employment Contracts in Conflict of Laws Under International and Domestic Labour Relation Laws in Mainland Tanzania

Abstract

Job mobility has become an enormous issue in the current modern world. All over the world, people sometimes move from one place to another in search of green pastures and life. Persons are sometimes forced by circumstances, as earlier stated, to move and work in countries far from places of their original nationalities. It is on such a note that, persons are compelled to abide by employment contracts that are governed by laws, not of their countries of origin. In the course of working, inevitably, employment disputes become unavoidable, and in this situation, where there is an issue to be dealt with by the courts of law in this area, a complex issue of which law should apply in determining the issue in question arises and becomes a task of the court to make a determination of the same. This article generally discusses individual employment contracts in conflict of laws perspectives under international and domestic labour relation laws, with a special focus on the Rome Conventions, its Regulations, and labour laws applicable in Mainland Tanzania. The article also addresses circumstances under which the Rome Convention, its existing Regulations as well as domestic labour relation laws pave the way in addressing the issue of individual employment contracts in the field of conflicts of laws in Mainland Tanzania. Specifically, this work addresses the concept of employee and employer view of the international and domestic labour relation laws as used also in conflict of laws. This is touched on in this research article because it is one of the complicated areas when it comes to the determination of employment contract disputes containing a foreign element, which has indeed caused a great debate in conflict of laws.