Malawi

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2022 Score

68

Score Increase

2020 Score

61

Rating

Limited Access to
Decent Work

Fair
Wages

80

Decent
Working Hours

80

Employment
Security

60

Family
Responsibilities

50

Maternity
at Work

60

Safe
Work

100

Social
Security

0

Fair
Treatment

100

Child &
Forced Labour

75

Trade
Union

75

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?Yes1§8 (5), 54-55 & 64 of the Employment Act No. 6 of 2000
Does the law require regular payment of wages?Yes1§3, 50-52 of the Employment Act No. 6 of 2000
Does the law require overtime compensation be at least 125% of the regular hourly rate?Yes1§39 of the Employment Act (No. 6 of 2000)
Does the law require additional compensation for working on a weekly rest day?Yes1§39 of the Employment Act No. 6 of 2000
Does the law require additional compensation for night work?No0No applicable legal provisions could be located

Decent Working Hours

QuestionAnswerScoreLegal Basis
Does the law stipulate general working hours as 48 hours or lower?Yes1§36-39 of the Employment Act No. 6 of 2000
Does the law restrict maximum working hours including overtime to 56 hours per week?No0No applicable legal provisions could be located
Does the law require a weekly rest of at least 24 hours?Yes1§36 of the Employment Act No. 6 of 2000
Does the law require paid public holidays?Yes1§44 & 45 of the Employment Act No. 6 of 2000
Does the law require at least three working weeks of paid annual leave?Yes1§44 & 45 of the Employment Act No. 6 of 2000

Employment Security

QuestionAnswerScoreLegal Basis
Does the law require written employment contracts or at least written employment particulars?Yes1§25 & 27 of the Employment Act No. 6 of 2000
Does the law restrict the hiring of fixed-term contract workers?No0§28(3) of the Employment Act No. 6 of 2000 (no limitations found in law)
Does the law limit the length of probation period including renewals to a maximum of 3 months?No0§26 of the Employment Act No. 6 of 2000
Does the law require a 30-day notice before contract termination?Yes1§28-30 & 57-60 of the Employment Act No. 6 of 2000
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?Yes1§35 & 53 of the Employment Act No. 6 of 2000

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?Yes1§47A of the Employment Act No. 6 of 2000
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§46A of the Employment Act No. 6 of 2000

Maternity at Work

QuestionAnswerScoreLegal Basis
Does the law prohibits inquiring about pregnancy during recruitment?Yes1§49 of the Employment Act No. 6 of 2000
Does the law require paid maternity leave of at least 14 weeks?No0§47 of the Employment Act No. 6 of 2000
Does the law require cash maternity benefit be at least 67% of a worker's former wage?Yes1§47 of the Employment Act No. 6 of 2000
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?No0§47 of the Employment Act No. 6 of 2000
Does the law protect workers from dismissals during or on account of pregnancy?Yes1§49 & 63 of the Employment Act No. 6 of 2000

Safe Work

QuestionAnswerScoreLegal Basis
Does the law require provision of free personal protective equipment to workers from employer?Yes1§58 of the Occupational Safety, Health and Welfare Act 1997
Does the law require the employer to train workers on health and safety issues?Yes1§65 of the Occupational Safety, Health and Welfare Act 1997
Does the law restrict work that is prejudicial to the health of the mother or the child?Yes1§46A of the Employment Act No. 6 of 2000
Does the law provide for employment injury benefit?Yes1§7-16 of the Workers’ Compensation Act, 2000

Social Security

QuestionAnswerScoreLegal Basis
Does the law provide for an old age pension?No0§3, 12, 15 & 70 of the Pension Act 2010
Does the law provide for a dependants'/survivors' pension?No0§70 & 71 of the Pension Act 2010
Does the law provide for unemployment benefit?No0§65 of the Pension Act 2010
Does the law require paid sick leave for the first 6 months of sickness?No0§46 of the Employment Act No. 6 of 2000
Does the law provide for invalidity benefit?No0Pension Act 2010

Fair Treatment

QuestionAnswerScoreLegal Basis
Does the law require equal remuneration for work of equal value?Yes1§31 of the Constitution of Malawi 1994; §6 of the Employment Act No. 6 of 2000
Does the law prohibit sexual harassment in employment?Yes1§6-7 of the Gender Equality Act 2013
Does the law prohibit discrimination in employment matters?Yes1§5 of the Employment Act, 2000; §4 of the Gender Equality Act 2013
Does the law allow women to do the same jobs as men?Yes1§24 & 29-31 of the Constitution of Malawi 1994
Does the law guarantee basic labour protections for gig economy workers?Yes1Pension Act 2010; ISSA Country Profile for Malawi

Child & Forced Labour

QuestionAnswerScoreLegal Basis
Does the law prohibit employment of children?Yes1§21 of the Employment Act, 2000; §34-35 of the Workplace Health and Safety Law, 2010
Does the law set employment entry age equal to or higher than the compulsory schooling age?No0§13 of the Education Act, 2013
Does the law prohibit the employment of children in hazardous work under the age of 18 years?Yes1§22, Employment Act, 2000; Employment (Prohibition of Hazardous Work for Children) Order 2012
Does the law prohibit forced labour?Yes1§3-4, Employment Act 2000; §140–147 & 257–269, Penal Code,1930

Trade Union

QuestionAnswerScoreLegal Basis
Does the law allow workers to form and join unions of their own choice?Yes1§31-32, Constitution 1994; §2-6, Labour Relations Act 1996
Does the law allow workers to bargain collectively with employers through their representative unions?Yes1§26, 27 & 30-33, Labour Relations Act 1996
Does the law provide for the right to strike?No0§2 & 42-53, Labour Relations Act 1996
Does the law prohibit employers from terminating employment contracts of striking workers?Yes1§50 & 51, Labour Relations Act 1996