Are you sure about your Workplace Rights in Malawi?
Your Legal Rights at your Work Place. Are you sure about your legal rights at your work place in Malawi? Get more information about your legal rights at your workplace at mywage.org.
By Sam Banda Jnr
It is very important for every person to know his or her rights at work. Many Malawians have lost their benefits or their jobs because they are not sure what they are legally entitled to.
Mywage Malawi went through Malawi’s Employment Act and sums up some important labour tips.
In the first place the Employment Act, enacted by the Malawi Parliament, was established to reinforce and regulate minimum standards of employment, with the purpose of ensuring equity necessary for enhancing industrial peace, accelerated economic growth and social justice.
However, it says the Act does not apply to members of the armed forces, the prisons service or the police, except those employed in a civilian capacity.
On fundamental principles, it says no person shall be required to perform forced labour.
The Act says any person who exacts or imposes forced labour or causes or permits forced labour shall be guilty of an offence and liable to a fine of 10,000 Malawi Kwacha and to imprisonment for two years.
No person shall discriminate against any employee or prospective employee on the grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth, marital or other status or family responsibilities in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship.
However the Act does not preclude any provision, programme or activity that has as its object the improvement of conditions of disadvantaged persons.
The Act says every employer shall pay employees equal remuneration for work of equal value without distinction or discrimination of any kind, in particular, on the basis of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth, marital or other status or family responsibilities.
If a violation is made or alleged in this section, the employer shall bear the burden of proving that there was no violation.
Where a complaint is alleged on infringement of rights, the court shall make such an order as it deems necessary to ensure compliance with provisions.
