Employment contracts in Malawi
Get more information about Employment Contract Laws in Malawi at Mywage.org. Have you signed a contract with your employer.. if yes then if you are in Malawi borrow a leaf and learn something on your Employment Contracts
Sam Banda Jnr
Are you employed? Are you working in a government institution - which in Malawi is known as the civil service - or you are with the private sector?
Jobs are scarce these days, and Malawi is one of several countries that are experiencing a rise in unemployment. Many graduates, both young men and women, are failing to secure jobs.
But for those who are working, have you signed contracts with your respective employers? Are you aware of the importance of employment contracts?
Employment contracts spell out in clear language what is expected of both employer and employee. Contracts, and their contents, are especially important for young women who are seeking jobs. Many young women in the country are sexually pressurised when applying for jobs. They are not asked to sign contracts and as a result they can up being sexually manipulated.
The Republic of Malawi’s Employment Act reveals the importance of contracts, as well as disclosing that there are different types of contracts.
In Part Five – Contracts, Section 25, it says a contract of employment shall be in any one of the following forms:
1. a contract for an unspecified period of time;
2. a contract for a specified period of time; or
3. a contract for a specific task
In Section 26 it says in a contract of employment in respect of a skilled worker, the parties may agree on the duration of the probationary period: provided that the period shall not, in any event, exceed twelve months.
During the probationary period, a contract of employment may be terminated at any time by either party without notice.
Every employer shall give to each employee a written statement of particulars of employment.
Many Malawians have faced problems in their jobs because they either signed contracts without understanding the terms, or have taken up jobs without signing contracts. When you are given an employment contract, it is very important that you understand everything that has been written, and agree to it, before you sign.
The particulars in the statement have to have all the details of both parties, including names of the employee and of the employer, the date of commencement of the contract, the rate of remuneration and the method of calculating the remuneration.
The contract has also got to look at the intervals at which the remuneration is paid, the nature of work to be performed, normal hours of work, and any disciplinary rules applicable to the employee.
