In Lesotho, the Labour Code Order (1992) outlines the lawful grounds for an employer to terminate an employee's contract. These grounds can be economic, such as restructuring or downsizing, operational, like technological changes leading to redundancy, or disciplinary, which includes serious misconduct or repeated minor misconduct. An employee's incapability, such as prolonged illness or lack of skills, can also be a valid reason for termination. It's important to note that the employer has the responsibility to justify the dismissal.

Notice Requirements

The notice period for termination depends on the employee's payment frequency. Weekly paid employees should be given 1 week's notice, while monthly paid employees should receive 1 month's notice. For other payment frequencies, the notice should be proportional.

Severance Pay

Unless dismissed due to serious misconduct, employees in Lesotho are entitled to severance pay upon termination. The calculation of severance pay is based on the employee's length of service and salary. This severance pay can be increased through collective bargaining agreements or individual employment contracts.

For specific legal advice tailored to individual circumstances, it's highly recommended to consult a Lesotho employment lawyer.

Lesotho's Constitution, established in 1993, guarantees the fundamental right to equality and prohibits discrimination. However, it does not explicitly list specific protected characteristics in relation to employment. Some protection exists as the Constitution mentions equality between men and women and promotes women's rights.

Protected Characteristics

Lesotho lacks explicit protection against discrimination in employment based on:

• Race
• Disability
• Sexual orientation
• Gender identity
• Age
• Religion

Redress Mechanisms

Despite the lack of specific anti-discrimination laws in employment, there are possible options for addressing discrimination:

• Constitutional Petition: Individuals could potentially approach the courts seeking redress for discrimination based on the fundamental right to equality outlined in the constitution.
• Labour Code Provisions: While limited, the Labour Code has some fairness clauses. An employee might raise a complaint with the Labour Commissioner under the Department of Labour.
• Advocacy Organizations: NGOs and advocacy groups working on human rights and labor rights in Lesotho may offer guidance and support.

Employer Responsibilities

While clear-cut legal obligations are minimal, proactive Lesotho based employers should strive to:

• Promote Fairness: Create a work environment free from discrimination and harassment upholding the principle of equal opportunity.
• Grievance Mechanisms: Have internal procedures to address discrimination complaints, even if not strictly required by law.

In Lesotho, the maximum standard workweek is 45 hours. Overtime work is permissible but must be compensated at higher rates. Specific overtime rates and limits are outlined in the Labour Code and could potentially be influenced by collective bargaining agreements or individual employment contracts. Certain industries may have different working hour regulations, so it's important to check sector-specific guidelines.

Rest Periods

Employees are entitled to a minimum of a one-hour uninterrupted rest break after five consecutive working hours. Lesotho mandates at least 24 consecutive hours of rest per week, typically on Sundays. The country also observes national public holidays, with employees generally receiving paid time off on those days.

Ergonomic Requirements

While Lesotho's labor laws have limited specific regulations focusing on ergonomics, employers have general responsibilities. These include promoting the general safety and health of the work environment, which encompasses minimizing the risk of injuries and health problems that could arise from factors like repetitive strain or poor workplace design. Employers are also responsible for taking steps to protect employee well-being and considering ergonomic elements of the workplace to the extent possible.

Lesotho prioritizes worker well-being through a framework of health and safety regulations. These regulations outline the duties of employers, the rights of employees, and the enforcement mechanisms to ensure a safe work environment.

Employer Obligations

The Lesotho Labour Code Order (1992) and associated health and safety regulations establish several key obligations for employers:

• Provide a Safe Workplace: Employers must take all necessary measures to ensure the safety, health, and welfare of employees at work. This includes preventing accidents, occupational illnesses, and fires.

• Risk Assessments: Employers are generally expected to conduct risk assessments to identify potential hazards in the workplace and implement control measures to mitigate them.

• Personal Protective Equipment (PPE): When necessary, employers must provide employees with appropriate PPE for the specific hazards of their job.

• Training and Information: Employers must provide employees with training and information on health and safety risks, safe work practices, and emergency procedures.

Employee Rights

Lesotho's employees have the following rights regarding health and safety in the workplace:

• Right to a Safe Work Environment: Employees have the right to work in a safe and healthy environment free from foreseeable risks.

• Refusal of Unsafe Work: Although not explicitly mentioned in the Labour Code, employees may have the right to refuse work that they reasonably believe presents an imminent danger to their safety or health.

• Right to Information: Employees have the right to be informed about potential hazards present in the workplace and the measures taken to control them.

Enforcement Agencies

The primary enforcement agency for health and safety regulations in Lesotho is the Department of Labour's Factory Inspectorate. The Factory Inspectorate conducts inspections of workplaces to ensure compliance with health and safety regulations.

Important Considerations

• Information on Lesotho's health and safety regulations online can be limited.
• Ministerial decrees or directives issued by the Ministry of Labour may provide more specific requirements.
• Consulting the Ministry of Labour's website (if available) or reputable legal resources in Lesotho can provide a more comprehensive understanding.

Finding the Latest Information

Due to the potential limitations of the Lesotho Ministry of Labour website, here are some alternative resources for staying up-to-date:

• The International Labour Organization (ILO): The ILO offers resources on Lesotho's labor standards, including health and safety.
• Legal resources focusing on African employment law: These resources may provide insights relevant to Lesotho.
• News and reports from Lesotho: Stay informed about any recent developments in health and safety regulations.

By combining information from various sources and seeking advice from legal professionals when necessary, you can gain a more comprehensive understanding of health and safety regulations in Lesotho.