Lesotho

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2022 Score

50.5

Score Decrease

2020 Score

52.5

Rating

Basic Access to
Decent Work

Fair
Wages

40

Decent
Working Hours

80

Employment
Security

40

Family
Responsibilities

25

Maternity
at Work

40

Safe
Work

75

Social
Security

40

Fair
Treatment

40

Child &
Forced Labour

100

Trade
Union

25

1. Fair Wages
2. Decent Working Hours
3. Employment Security
4. Family Responsibilities
5. Maternity at Work
6. Safe Work
7. Social Security
8. Fair Treatment
9. Child & Forced Labour
10. Trade Union

Fair Wages

QuestionAnswerScoreLegal Basis
Does the law prescribe minimum wage rates in the country?No0§14, 17, 18, 34, & 47-60 of the Labour Code, 1992
Does the law require regular payment of wages?Yes1§03 & 81-85 of the Labour Code, 1992
Does the law require overtime compensation be at least 125% of the regular hourly rate?Yes1§118 of the Labour Code, 1992
Does the law require additional compensation for working on a weekly rest day?No0§117, 119 & 121 of the Labour Code, 1992
Does the law require additional compensation for night work?No0§03, 130 & 131 of the Labour Code, 1992

Decent Working Hours

QuestionAnswerScoreLegal Basis
Does the law stipulate general working hours as 48 hours or lower?Yes1§117-119 of the Labour Code, 1992
Does the law restrict maximum working hours including overtime to 56 hours per week?Yes1§118 of the Labour Code, 1992
Does the law require a weekly rest of at least 24 hours?Yes1§117 & 119 of the Labour Code, 1992
Does the law require paid public holidays?Yes1§02 of Public Holidays Act 1995; §121 of the Labour Code, 1992
Does the law require at least three working weeks of paid annual leave?No0§120 of the Labour Code, 1992

Employment Security

QuestionAnswerScoreLegal Basis
Does the law require written employment contracts or at least written employment particulars?No0§62 of the Labour Code, 1992
Does the law restrict the hiring of fixed-term contract workers?No0§62 of the Labour Code, 1992
Does the law limit the length of probation period including renewals to a maximum of 3 months?No0§75 of the Labour Code, 1992
Does the law require a 30-day notice before contract termination?Yes1§05, 63, 64, 65, 66 and 67 of the Labour Code, 1992; §235 of the Labour Code Amendment Act 2006
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?Yes1§79 of the Labour Code, 1992

Family Responsibilities

QuestionAnswerScoreLegal Basis
Does the law require parental leave for parents?No0No applicable legal provisions could be located
Does the law require at least one week of paid paternity leave for fathers?No0No applicable legal provisions could be located
Does the law require flexible work arrangements for workers with family responsibilities?No0No applicable legal provisions could be located
Does the law require paid nursing breaks?Yes1§137 of the Labour Code, 1992

Maternity at Work

QuestionAnswerScoreLegal Basis
Does the law prohibits inquiring about pregnancy during recruitment?No0No applicable legal provisions could be located
Does the law require paid maternity leave of at least 14 weeks?No0§133 of the Labour Code, 1992
Does the law require cash maternity benefit be at least 67% of a worker's former wage?Yes1§134 of the Labour Code, 1992; Part K of the Labour Code Wages Amendment Notice 2015
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?No0§134 of the Labour Code, 1992; Part K of the Labour Code Wages Amendment Notice 2015
Does the law protect workers from dismissals during or on account of pregnancy?Yes1§136 of the Labour Code, 1992

Safe Work

QuestionAnswerScoreLegal Basis
Does the law require provision of free personal protective equipment to workers from employer?Yes1§109 of the Labour Code, 1992
Does the law require the employer to train workers on health and safety issues?Yes1§93 and 103 of the Labour Code, 1992
Does the law restrict work that is prejudicial to the health of the mother or the child?No0§119 (5) & 130 of the Labour Code, 1992
Does the law provide for employment injury benefit?Yes1Workmen’s Compensation Act 1977; Workmen’s Compensation Regulations, 2014

Social Security

QuestionAnswerScoreLegal Basis
Does the law provide for an old age pension?Yes1Old Age Pensions Act 2005; Old Age Pension (Amendment) Regulations 2007; ISSA Country Profile for Lesotho
Does the law provide for a dependants'/survivors' pension?Yes1Old Age Pensions Act 2005; ISSA Country Profile for Lesotho
Does the law provide for unemployment benefit?No0No applicable legal provisions could be located
Does the law require paid sick leave for the first 6 months of sickness?No0§123 of the Labour Code, 1992; ISSA Country Profile for Lesotho
Does the law provide for invalidity benefit?No0No applicable legal provisions could be located

Fair Treatment

QuestionAnswerScoreLegal Basis
Does the law require equal remuneration for work of equal value?Yes1§30 of the Constitution of Lesotho 1998; §05 of the Labour Code, 1992
Does the law prohibit sexual harassment in employment?No0§05, 200 and 201 of the Labour Code, 1992
Does the law prohibit discrimination in employment matters?Yes1§18 of the Constitution of Lesotho 1998; §05 of the Labour Code, 1992; §235 of the Labour Code Amendment Act 2006
Does the law allow women to do the same jobs as men?No0§29 and 30 of the Constitution of Lesotho 1998
Does the law guarantee basic labour protections for gig economy workers?No0No applicable legal provisions could be located

Child & Forced Labour

QuestionAnswerScoreLegal Basis
Does the law prohibit employment of children?Yes1124-125, Labour Code, 1992; §22(k) and 228, Children’s Protection and Welfare Act, 2011
Does the law set employment entry age equal to or higher than the compulsory schooling age?Yes1§3 of the Education Act, 2010
Does the law prohibit the employment of children in hazardous work under the age of 18 years?Yes1§230(1), 230(3) & 231, Children’s Protection and Welfare Act, 2011; §125(1), Labour Code, 1992
Does the law prohibit forced labour?Yes1§9(2), Constitution, 1993; §7(1), Labour Code, 1992; §5, Anti-Trafficking in Persons Act, 2011

Trade Union

QuestionAnswerScoreLegal Basis
Does the law allow workers to form and join unions of their own choice?No0§16 & 31, Constitution of Lesotho 1998; §171-172 Labour Code, 1992; USDOS CRHRP 2021
Does the law allow workers to bargain collectively with employers through their representative unions?No0§42, 171-173 and 198(F & G), Labour Code 1992; CEACR, C98, Obs. 2021
Does the law provide for the right to strike?No0§15, Constitution 1998; §225- 227, 228B, 228C, 229 and 230-234 Labour Code, 1992; CEACR, C87, DR 2021
Does the law prohibit employers from terminating employment contracts of striking workers?Yes1USDOS CRHRP 2021