74
68
61
Reasonable Access to Decent Work
80
80
60
50
60
100
60
100
75
75
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §8 (5), 54-55 & 64 of the Employment Act No. 6 of 2000 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §3, 50-52 of the Employment Act No. 6 of 2000 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §39 of the Employment Act (No. 6 of 2000) | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | Yes | 1 | §39 of the Employment Act No. 6 of 2000 | No Change |
| Does the law require additional compensation for night work? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §36-39 of the Employment Act No. 6 of 2000 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §36 of the Employment Act No. 6 of 2000 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §44 & 45 of the Employment Act No. 6 of 2000 | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §44 & 45 of the Employment Act No. 6 of 2000 | 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? | Yes | 1 | §25 & 27 of the Employment Act No. 6 of 2000 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §28(3) of the Employment Act No. 6 of 2000 (no limitations found in law) | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | §26 of the Employment Act No. 6 of 2000 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §28-30 & 57-60 of the Employment Act No. 6 of 2000 | 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 | §35 & 53 of the Employment Act No. 6 of 2000 | 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*? | Yes | 1 | §47A of the Employment Act No. 6 of 2000 | 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 | §46A of the Employment Act No. 6 of 2000 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §49 of the Employment Act No. 6 of 2000 | No Change |
| Does the law require maternity leave of at least 14 weeks? | No | 0 | §47 of the Employment Act No. 6 of 2000 | 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 | §47 of the Employment Act No. 6 of 2000 | 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 | §47 of the Employment Act No. 6 of 2000 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §49 & 63 of the Employment Act No. 6 of 2000 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §58 of the Occupational Safety, Health and Welfare Act 1997 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §65 of the Occupational Safety, Health and Welfare Act 1997 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §46A of the Employment Act No. 6 of 2000 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §7-16 of the Workers’ Compensation Act, 2000 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §3, 8-14, 19 & 87-91 of the Pension Act (Act 6 of 2023) | Score improved due to a legislative reform |
| Does the law provide for survivors' benefits? | Yes | 1 | §3, 8-14, 19, 94 & 97 of the Pension Act (Act 6 of 2023); §35 & 53 of the Employment Act No. 6 of 2000 | Score improved due to a legislative reform |
| Does the law provide for unemployment benefits? | No | 0 | §3, 8-14, 19, 88 of the Pension Act (Act 6 of 2023 | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §46 of the Employment Act No. 6 of 2000 | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §3, 8-14, 19, 87 & 91 of the Pension Act (Act 6 of 2023) | Score improved due to a legislative reform |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §31 of the Constitution of Malawi 1994; §6 of the Employment Act No. 6 of 2000 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §6-7 of the Gender Equality Act 2013 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §5 of the Employment Act, 2000; §4 of the Gender Equality Act 2013 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §24 & 29-31 of the Constitution of Malawi 1994 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Pension Act 2010; ISSA Country Profile for Malawi | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §21 of the Employment Act, 2000; §34-35 of the Workplace Health and Safety Law, 2010 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §13 of the Education Act, 2013 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §22, Employment Act, 2000; Employment (Prohibition of Hazardous Work for Children) Order 2012 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §3-4, Employment Act 2000; §140–147 & 257–269, Penal Code,1930 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §31-32, Constitution 1994; §2-6, Labour Relations Act 1996 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §26, 27 & 30-33, Labour Relations Act 1996 | No Change |
| Does the law provide the right to strike? | No | 0 | §2 & 42-53, Labour Relations Act 1996 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §50 & 51, Labour Relations Act 1996 | No Change |