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Freelancing Employment Model : What are my legal obligations?

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by emanuel.feruzi, Jun 26, 2011.

  1. emanuel.feruzi

    emanuel.feruzi Senior Member

    Jun 26, 2011
    Joined: Apr 25, 2009
    Messages: 103
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    I am an owner of an IT start-up in Tanzania. I cannot afford to keep people on the payroll so I want to make use of a freelancing model. In this model, I get people to work on some project from where they are and I pay them on an hourly or project basis. Services like this can easily and cheaply outsourced to developers abroad, but I would prefer to work with local developers. But before I do this I want to know apart from the contract what are my other obligations, for example taxes, pension funds, etc?

    I would really appreciate any advice on this one. Thank you in advance
  2. M

    Mp Kalix2 JF-Expert Member

    Jul 10, 2011
    Joined: Oct 4, 2010
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    So far; taxes,pension funds and other legal practice as an Employer you have the responsibilty, as far the following form of employment exist.

    In reference to Section 61;Labour Institutions Act 2004.

    • Presumption as to who is an Employee.
    i. manner in person works is subject to control/direction of another person
    ii. Hours of work are subject to direction of another person
    iii. In case is organization the person is part of that organization
    iv. The person works for another person for average of 45hrs per month over the past three months.
    vi. The person is economically dependent on the other person for who that person works or renders service.
    vii. The person is provided with tools of trade by the other person.
    viii. The person only work for or renders service to one person

    I would really appreciate any advice on this one. Thank you in advance[/QUOTE]