Labor law in Malawi

Malawi’s labor-law framework generally covers private-sector employment and government employment, including work for public authorities and enterprises. It does not generally cover the armed forces, prison service or police service, except where a person works in a civilian capacity. Workplace safety rules apply to formal and informal workplaces. The Ministry of Labour, Skills and Innovation, the Labour Commissioner, District and Regional Labour Offices, the Registrar of Trade Unions and Employers’ Organizations, the Director responsible for occupational safety, health and welfare, the Workers’ Compensation Commissioner or Board and the Industrial Relations Court each have different responsibilities. An employment contract may cover an unspecified period, a specified period or a specific task. An employer with at least five employees must give written employment particulars within one month after work begins. The particulars include the parties, start date, pay and payment interval, work, normal hours, termination terms and disciplinary rules. A skilled worker’s probation period may last up to 12 months. During probation, either side may end the contract subject to the applicable rule on notice or immediate termination. Normal working hours are set by the contract but may not exceed 48 hours per week, excluding overtime, under the general rule. A worker may not normally work more than six consecutive days without at least 24 hours of rest. The daily limits are generally eight hours where work is spread over six days and 12 hours where work is spread over no more than five days. Guard and shift work can follow special rules. A 2025 Gazette exemption applies specifically to Alliance One Tobacco Malawi Ltd. for selected Patterson grades A to C, allowing 12-hour shifts and schedules of 60 or 72 hours, with 47.5 normal hours and up to 24.5 overtime hours; hours above 48 receive at least 50% of basic pay under that arrangement. Overtime is generally paid at least 1.5 times the ordinary rate. Work on a weekly day of rest or a public holiday is generally paid at least twice the ordinary rate. A public holiday is normally taken with full pay, subject to the statutory exception for unjustified absence. Annual leave is at least 18 working days for a six-day working week or 15 working days for a five-day working week. Leave should be taken within six months after it becomes due, although deferral or accumulation can depend on an agreement. After 12 months of continuous service, sick leave is at least four weeks on full pay and eight weeks on half pay per year when supported by a medical certificate. Maternity leave is at least eight weeks on full pay in a three-year period, with benefits and seniority continuing and a right to return to the same job. Paternity leave is at least two weeks on full pay in a three-year period, also with benefits and seniority continuing. A pregnant or breastfeeding employee must have suitable breastfeeding space and appropriate working conditions. Dismissing an employee because of pregnancy is an offence and may lead to reinstatement. Pay must be made at least weekly or fortnightly for hourly, daily, weekly, piece-rate or task-based work, and at least monthly for monthly or yearly wages. The employer must provide an itemized pay statement at each payment and keep employment records for at least three years. Final wages and other remuneration are due within seven days after employment ends, while pension benefits are due within six weeks. Deductions are limited to compulsory social security, a law or court order, or written authorization for an allowed purpose, and deductions may not exceed half of wages. An employer may not charge an employment fee or require repayment of wages in a prohibited manner. The minimum-wage order effective from 1 June 2026 sets category-specific floors. The general minimum is K6,057.70 per day. Domestic workers have a minimum of K3,220 per day, approximately K83,720 per month. Micro and small businesses have a minimum of K5,048.09 per day, approximately K131,250 per month. The medium-business rate is K6,057.70 per day, approximately K157,500 per month. Shop workers have a minimum of K7,211.54 per day, approximately K187,500 per month, and manufacturing workers have a minimum of K7,692.31 per day, approximately K200,000 per month. Truck-driver rates range from K175,875 per month for local drivers of vehicles below 30 tonnes to K410,375 per month for international drivers of vehicles of at least 30 tonnes. The correct category and definition must be checked before applying a rate; one category does not automatically cover every job. An employer must register a workplace before it is used and provide safe premises, equipment, systems of work, substances, access and exit arrangements, training, supervision and a written safety policy. Safety training must use a language workers understand. An employer may not charge employees for legally required occupational safety, health and welfare measures. A safety committee is required where more than 50 employees work at the workplace or where the Director directs one. Fatal or disabling accidents require immediate written notice, with a telephone or fastest available notice first where death or serious injury is involved. Industrial diseases also require notice, and general safety records must normally be kept for at least two years. Inspectors can enter workplaces, inspect records and issue improvement or prohibition notices. Workers have freedom to form or join a trade union. A trade union may apply for registration with at least seven members, while an employers’ organization requires at least two members. Enterprise recognition for collective bargaining generally requires at least 20% membership, followed by bargaining within 60 days after notice. Sector bargaining can use an industrial-council process where membership reaches 15%. A collective agreement sets binding employment terms and becomes part of the employment contract, but it cannot reduce statutory minimum standards. An employee may use a representative, including an unregistered union representative, in a grievance or disciplinary process. Authorized union dues deductions can be revoked with one month’s notice. A labour officer can try to resolve an individual complaint. An unfair-dismissal complaint should be filed with the District Labour Officer within three months after dismissal. The settlement target is one month; an unresolved matter can proceed to the Industrial Relations Court. The Court may order reinstatement, re-engagement or compensation. The statutory compensation floor for unfair dismissal depends on completed service: one week’s pay per year for up to five years, two weeks per year for more than five and up to ten years, three weeks per year for more than ten and up to fifteen years, and one month per year after more than fifteen years. Failure to comply with reinstatement can add 12 weeks of wages. An appeal from the Industrial Relations Court to the High Court is limited to a question of law or jurisdiction and must generally be filed within 30 days. Termination normally requires a valid reason related to capacity, conduct or operational requirements. A dismissal for capacity or conduct requires an opportunity to respond. Summary dismissal can apply to serious misconduct, habitual or substantial neglect, claimed lack of skill, wilful disobedience or unjustified absence. Notice depends on the pay interval and length of service. A monthly-paid employee generally receives one month’s notice; specified-period contracts generally require at least 14 calendar days. Pay in lieu of notice may be used where lawful. Severance generally applies to economic termination, redundancy, retrenchment, operational termination or unfair dismissal after at least one year of service. The statutory scale is two weeks per completed year for years one to five, three weeks per year for years six to ten and four weeks per year from year eleven. Exceptions include probation and fair conduct dismissal. A collective dispute may be reported to the Principal Secretary responsible for labour. Receipt should be acknowledged within seven working days, followed by conciliation for up to 21 working days unless extended. Statutory, contractual and collective-agreement disputes may proceed to the Industrial Relations Court. Other unresolved disputes may lead to an agreed Industrial Relations Court process or lawful strike or lockout. Written notice generally requires at least seven working days. Strikes and lockouts are not permitted in essential services. Peaceful picketing is permitted, and lawful industrial action receives legal protection subject to a material operational change and the right to return to work. The Employment Act, Labour Relations Act, Occupational Safety, Health and Welfare Act and Workers’ Compensation Act remain the central framework reflected in the reviewed rules. A worker injured, made ill or killed through employment may qualify under workers’ compensation. Notice should be given as soon as practicable, and a claim generally must be made within 12 months after the injury or death, subject to statutory exceptions. The system covers employees under a contract of service and apprentices, but exclusions can apply to certain casual non-business workers, outworkers, tributers, members of an employer’s household and the armed forces. The reviewed material reported reform discussions but did not verify an enacted replacement for the current Acts. No specific statutory fee schedule was verified for labour-officer or conciliation services, although court or legal-representation costs may arise.