52.5
50.5
52.5
Basic Access to Decent Work
60
80
40
25
40
75
40
40
100
25
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §14, 17, 18, 34, & 47-60 of the Labour Code, 1992 |
Score on the Minimum Wage component improved due to revision of minimum wage after 1 January 2022.
|
| Does the law require regular and timely payment of wages? | Yes | 1 | §03 & 81-85 of the Labour Code, 1992 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §118 of the Labour Code, 1992 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §117, 119 & 121 of the Labour Code, 1992 | No Change |
| Does the law require additional compensation for night work? | No | 0 | §03, 130 & 131 of the Labour Code, 1992 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §117-119 of the Labour Code, 1992 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §118 of the Labour Code, 1992 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §117 & 119 of the Labour Code, 1992 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §02 of Public Holidays Act 1995; §121 of the Labour Code, 1992 | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §120 of the Labour Code, 1992 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | No | 0 | §62 of the Labour Code, 1992 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §62 of the Labour Code, 1992 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | §75 of the Labour Code, 1992 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §05, 63, 64, 65, 66 and 67 of the Labour Code, 1992; §235 of the Labour Code Amendment Act 2006 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §79 of the Labour Code, 1992 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §137 of the Labour Code, 1992 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require maternity leave of at least 14 weeks? | No | 0 | §133 of the Labour Code, 1992 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §134 of the Labour Code, 1992; Part K of the Labour Code Wages Amendment Notice 2015 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | No | 0 | §134 of the Labour Code, 1992; Part K of the Labour Code Wages Amendment Notice 2015 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §136 of the Labour Code, 1992 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §109 of the Labour Code, 1992 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §93 and 103 of the Labour Code, 1992 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | No | 0 | §119 (5) & 130 of the Labour Code, 1992 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | Workmen’s Compensation Act 1977; Workmen’s Compensation Regulations, 2014 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | Old Age Pensions Act 2005; Old Age Pension (Amendment) Regulations 2007; ISSA Country Profile for Lesotho | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | Old Age Pensions Act 2005; ISSA Country Profile for Lesotho | No Change |
| Does the law provide for unemployment benefits? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §123 of the Labour Code, 1992; ISSA Country Profile for Lesotho | No Change |
| Does the law provide for invalidity benefits? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §30 of the Constitution of Lesotho 1998; §05 of the Labour Code, 1992 | No Change |
| Does the law prohibit sexual harassment in employment? | No | 0 | §05, 200 and 201 of the Labour Code, 1992 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §18 of the Constitution of Lesotho 1998; §05 of the Labour Code, 1992; §235 of the Labour Code Amendment Act 2006; §22 of the Persons with Disability Equity Act, 2021 | No Change |
| Does the law allow women to do the same job as men? | No | 0 | §29 and 30 of the Constitution of Lesotho 1998 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | 124-125, Labour Code, 1992; §22(k) and 228, Children’s Protection and Welfare Act, 2011 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §3 of the Education Act, 2010 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §230(1), 230(3) & 231, Children’s Protection and Welfare Act, 2011; §125(1), Labour Code, 1992 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §9(2), Constitution, 1993; §7(1), Labour Code, 1992; §5, Anti-Trafficking in Persons Act, 2011 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §16 & 31, Constitution of Lesotho 1998; §171-172 Labour Code, 1992; CEACR, C87, Obs 2021; ITUC Global Rights Index 2024 (Lesotho Profile); USDOS CRHRP 2023 (Lesotho) | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §42, 171-173 & 198A, 198B, Labour Code 1992; CEACR, C98, Obs. 2021 | No Change |
| Does the law provide the right to strike? | No | 0 | §15, Constitution 1998; §225- 227, 228B, 228C, 229 and 230-234 Labour Code, 1992; CEACR, C87, DR 2021; USDOS CRHRP 2023 (Lesotho) | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §66 of the Labour Code, 1992 ; USDOS CRHRP 2023 (Lesotho) | No Change |