68
61
Limited Access to
Decent Work
80
80
60
50
60
100
0
100
75
75
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | Yes | 1 | §8 (5), 54-55 & 64 of the Employment Act No. 6 of 2000 |
| Does the law require regular payment of wages? | Yes | 1 | §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? | Yes | 1 | §39 of the Employment Act (No. 6 of 2000) |
| Does the law require additional compensation for working on a weekly rest day? | Yes | 1 | §39 of the Employment Act No. 6 of 2000 |
| Does the law require additional compensation for night work? | No | 0 | No applicable legal provisions could be located |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general working hours as 48 hours or lower? | Yes | 1 | §36-39 of the Employment Act No. 6 of 2000 |
| Does the law restrict maximum working hours including overtime to 56 hours per week? | No | 0 | No applicable legal provisions could be located |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §36 of the Employment Act No. 6 of 2000 |
| Does the law require paid public holidays? | Yes | 1 | §44 & 45 of the Employment Act No. 6 of 2000 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | Yes | 1 | §25 & 27 of the Employment Act No. 6 of 2000 |
| 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) |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | No | 0 | §26 of the Employment Act No. 6 of 2000 |
| Does the law require a 30-day notice before contract termination? | Yes | 1 | §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? | Yes | 1 | §35 & 53 of the Employment Act No. 6 of 2000 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | No applicable legal provisions could be located |
| 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 |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid nursing breaks? | Yes | 1 | §46A of the Employment Act No. 6 of 2000 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | Yes | 1 | §49 of the Employment Act No. 6 of 2000 |
| Does the law require paid maternity leave of at least 14 weeks? | No | 0 | §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? | Yes | 1 | §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? | No | 0 | §47 of the Employment Act No. 6 of 2000 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §58 of the Occupational Safety, Health and Welfare Act 1997 |
| Does the law require the employer to train workers on health and safety issues? | Yes | 1 | §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? | Yes | 1 | §46A of the Employment Act No. 6 of 2000 |
| Does the law provide for employment injury benefit? | Yes | 1 | §7-16 of the Workers’ Compensation Act, 2000 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | No | 0 | §3, 12, 15 & 70 of the Pension Act 2010 |
| Does the law provide for a dependants'/survivors' pension? | No | 0 | §70 & 71 of the Pension Act 2010 |
| Does the law provide for unemployment benefit? | No | 0 | §65 of the Pension Act 2010 |
| Does the law require paid sick leave for the first 6 months of sickness? | No | 0 | §46 of the Employment Act No. 6 of 2000 |
| Does the law provide for invalidity benefit? | No | 0 | Pension Act 2010 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | Yes | 1 | §31 of the Constitution of Malawi 1994; §6 of the Employment Act No. 6 of 2000 |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §6-7 of the Gender Equality Act 2013 |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §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? | Yes | 1 | §24 & 29-31 of the Constitution of Malawi 1994 |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | Pension Act 2010; ISSA Country Profile for Malawi |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §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? | No | 0 | §13 of the Education Act, 2013 |
| Does the law prohibit the employment of children in hazardous work under the age of 18 years? | Yes | 1 | §22, Employment Act, 2000; Employment (Prohibition of Hazardous Work for Children) Order 2012 |
| Does the law prohibit forced labour? | Yes | 1 | §3-4, Employment Act 2000; §140–147 & 257–269, Penal Code,1930 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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 |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §26, 27 & 30-33, Labour Relations Act 1996 |
| Does the law provide for the right to strike? | No | 0 | §2 & 42-53, Labour Relations Act 1996 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | Yes | 1 | §50 & 51, Labour Relations Act 1996 |
