In Malawi, labor laws recognize various grounds upon which an employer can lawfully terminate an employee's contract. These include operational requirements such as economic circumstances, restructuring, or technological changes that reduce the employer's need for certain employees. Incapacity due to prolonged illness or injury, poor performance, and misconduct such as insubordination, dishonesty or theft, gross negligence, intoxication on the job, and harassment or violence in the workplace are also recognized grounds for dismissal.

Notice Requirements

The Employment Act in Malawi mandates that written notice must be provided when terminating an employment contract, except in cases of summary dismissal for gross misconduct. The required notice period depends on how frequently the employee is paid:

• For monthly payments, one month's notice is required.
• For fortnightly payments, one fortnight's notice is required if the employee has been employed for less than five years, and one month's notice if the employee has been employed for at least five years.
• For weekly, daily, or hourly payments, the specific notice requirement depends on the employee's length of service and is stipulated clearly in the Employment Act.

Employers may opt to pay the employee their wages and benefits for the notice period, instead of giving notice.

Severance Pay

Employees are entitled to severance pay if they have worked for at least one year and the employer is terminating the contract due to operational requirements (redundancy) or if the termination is deemed unfair. Severance pay is calculated based on the employee's length of service.

Important Considerations

Employers must follow fair procedures before dismissing an employee. This includes providing a clear explanation of the grounds for dismissal, an opportunity for the employee to defend themselves, and the right to appeal. In cases of gross misconduct, an employer may terminate an employee's contract without notice or severance pay.

Malawi's legal framework provides robust protection against discrimination. Key legislation includes the Constitution of the Republic of Malawi (1994), which broadly prohibits discrimination on various grounds and specifically addresses equality for women. The Gender Equality Act (2013) focuses on eliminating gender-based discrimination, sexual harassment, and harmful cultural practices. The Employment Act (2000) prohibits discrimination within the workplace.

Protected Characteristics

Anti-discrimination laws in Malawi protect individuals from discrimination based on the following characteristics:

• Race
• Tribe
• Color
• Place of origin
• Political opinions
• Creed or religion
• Social status
• Marital status
• Disability
• Gender
• Sex
• Age

Redress Mechanisms

If an individual in Malawi experiences discrimination, they have several legal options. These include workplace grievance procedures, the nearest Labour Office, the Malawi Human Rights Commission (MHRC), and the courts. The MHRC is a constitutional body with a mandate to investigate and address human rights violations, including discrimination.

Employer Responsibilities

Employers in Malawi have legal obligations to prevent discrimination. They must take proactive steps to create a work environment free from discrimination and harassment, including developing and implementing clear anti-discrimination policies. Employers are also required to provide training on anti-discrimination laws and workplace policies, implement fair recruitment and promotion practices, address complaints promptly and fairly, and maintain records related to recruitment, employment conditions, and training.

In Malawi, the standard workweek is 48 hours. The law sets specific daily hour limits, with a maximum of 12 hours per day for a five-day work week and a maximum of 8 hours per day for a six-day work week. Employers can require overtime work but must compensate employees at a premium rate outlined in the Employment Act. Overtime is generally subject to the employee's agreement.

Rest Periods

Employees are entitled to at least one continuous hour of rest after a working period of six hours. All employees are entitled to at least 24 consecutive hours of rest in every seven-day period, which usually falls on a Sunday. Malawi recognizes several public holidays during which employees are entitled to rest with pay.

Ergonomic Requirements

While Malawi does not have comprehensive laws focusing specifically on ergonomics, the Employment Act and the Occupational Safety, Health, and Welfare Act of 1997 place general obligations on employers. Employers are required to provide a working environment that is safe and minimizes risks to employees' health. This could include measures to reduce physical strain and prevent injuries. Employers should conduct risk assessments to identify potential ergonomic hazards in the workplace and take steps to mitigate those risks. They should also provide training to employees on safe work practices, including proper posture, lifting techniques, and recognizing signs of strain or discomfort.

In Malawi, the well-being of employees is prioritized through a framework of health and safety regulations.

Employer Obligations

The Occupational Safety, Health and Welfare Act (OSHWA) of 1997 outlines the duties of employers to ensure a safe workplace. These duties include:

• Providing and maintaining a work environment free from hazards and risks to employee health and safety.
• Conducting regular risk assessments to identify potential hazards and implementing control measures to minimize risks.
• Establishing and enforcing safe work practices to minimize risks associated with specific tasks and equipment.
• Providing employees with personal protective equipment (PPE) where necessary, appropriate for the hazards present in the workplace.
• Providing employees with information and training on health and safety risks, safe work practices, and emergency procedures.

Employee Rights

Employees also have corresponding rights under OSHWA. These include:

• The right to work in a safe environment and refuse to work in unsafe conditions.
• The right to report unsafe work practices or conditions to their employer or relevant authorities without fear of retaliation.
• The right to receive training on health and safety matters relevant to their work.

Enforcement Agencies

The Ministry of Labour enforces OSHWA through its Department of Occupational Safety, Health and Welfare (DOSHW). DOSHW performs the following functions:

• Conducting workplace inspections to ensure compliance with health and safety regulations.
• Issuing improvement notices when violations are identified, requiring employers to take corrective actions.
• Prosecuting employers in court in cases of serious violations or accidents.