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> GOVERNANCE - home > Employment protection legislation database - EPLex > Malawi

Malawi - Procedural requirements for individual dismissals


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Notification to the worker to be dismissed: written

Remarks:
  • Art. 29(1) EA

Notice period:
Remarks:
  • Art. 29 (1) EA: Notice period for terminating a contract for an unspecified period of time varies between 1 day and one month depending on the frequency of pay and/or the length of service, as follows:
    1) workers paid on a monthly basis: 1 month's notice;
    2) workers paid on a fortnightly basis:
    - 1 fortnight's notice for less than 5 years of service
    - 1 month's notice for at least 5 years of service;
    3) workers paid on a weekly basis:
    - 1 week's notice for less than 2 years of service
    - 1 fortnight's notice between 2 and less than 5 years of service
    - 1 month's notice for at least 5 years of service;
    4) workers paid on a hourly basis:
    - 1 day's notice for less than 6 months of service
    - 1 week notice between 6 months and less than 2 years of service
    - 1 fortnight's notice between 2 and less than 5 years of service
    - 1 month's notice for at least 5 years of service.

    Art. 29 (3) EA: The minimum period of notice in respect of a contract of employment for a specified period of time shall be 14 days.
    • tenure ≥ 6 months
      • monthly paid workers - 1 month(s).
      • fortnightly paid workers - 2 week(s).
      • hourly or weekly paid workers - 1 week(s).
      • fixed-term workers - 14 day(s).
    • tenure ≥ 9 months
      • monthly paid workers - 1 month(s).
      • fortnightly paid workers - 2 week(s).
      • hourly or weekly paid workers - 1 week(s).
      • fixed-term workers - 14 day(s).
    • tenure ≥ 2 years
      • monthly paid workers - 1 month(s).
      • fortnightly, weekly or hourly paid workers - 2 week(s).
      • fixed-term workers - 14 day(s).
    • tenure ≥ 4 years
      • monthly paid workers - 1 month(s).
      • fortnightly, weekly or hourly paid workers - 2 week(s).
      • fixed-term workers - 14 day(s).
    • tenure ≥ 5 years
      • monthly paid workers - 1 month(s).
      • fortnightly, weekly or hourly paid workers - 1 month(s).
      • fixed-term workers - 14 day(s).
    • tenure ≥ 10 years
      • monthly paid workers - 1 month(s).
      • fortnightly, weekly or hourly paid workers - 1 month(s).
      • fixed-term workers - 14 day(s).
    • tenure ≥ 20 years
      • monthly paid workers - 1 month(s).
      • fortnightly, weekly or hourly paid workers - 1 month(s).
      • fixed-term workers - 14 day(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 30 (2) EA

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    + show references

    Notification to the worker to be dismissed: written

    Remarks:
    • Art. 29(1) EA

    Notice period:
    Remarks:
    • Art. 29 (1) EA: Notice period for terminating a contract for an unspecified period of time varies between 1 day and one month depending on the frequency of pay and/or the length of service, as follows:
      1) workers paid on a monthly basis: 1 month's notice;
      2) workers paid on a fortnightly basis:
      - 1 fortnight's notice for less than 5 years of service
      - 1 month's notice for at least 5 years of service;
      3) workers paid on a weekly basis:
      - 1 week's notice for less than 2 years of service
      - 1 fortnight's notice between 2 and less than 5 years of service
      - 1 month's notice for at least 5 years of service;
      4) workers paid on a hourly basis:
      - 1 day's notice for less than 6 months of service
      - 1 week notice between 6 months and less than 2 years of service
      - 1 fortnight's notice between 2 and less than 5 years of service
      - 1 month's notice for at least 5 years of service.

      Art. 29 (3) EA: The minimum period of notice in respect of a contract of employment for a specified period of time shall be 14 days.
      • tenure ≥ 6 months
        • monthly paid workers - 1 month(s).
        • fortnightly paid workers - 2 week(s).
        • hourly or weekly paid workers - 1 week(s).
        • fixed-term workers - 14 day(s).
      • tenure ≥ 9 months
        • monthly paid workers - 1 month(s).
        • fortnightly paid workers - 2 week(s).
        • hourly or weekly paid workers - 1 week(s).
        • fixed-term workers - 14 day(s).
      • tenure ≥ 2 years
        • monthly paid workers - 1 month(s).
        • fortnightly, weekly or hourly paid workers - 2 week(s).
        • fixed-term workers - 14 day(s).
      • tenure ≥ 4 years
        • monthly paid workers - 1 month(s).
        • fortnightly, weekly or hourly paid workers - 2 week(s).
        • fixed-term workers - 14 day(s).
      • tenure ≥ 5 years
        • monthly paid workers - 1 month(s).
        • fortnightly, weekly or hourly paid workers - 1 month(s).
        • fixed-term workers - 14 day(s).
      • tenure ≥ 10 years
        • monthly paid workers - 1 month(s).
        • fortnightly, weekly or hourly paid workers - 1 month(s).
        • fixed-term workers - 14 day(s).
      • tenure ≥ 20 years
        • monthly paid workers - 1 month(s).
        • fortnightly, weekly or hourly paid workers - 1 month(s).
        • fixed-term workers - 14 day(s).

      Pay in lieu of notice: Yes

      Remarks:
      • Art. 30 (2) EA

      Notification to the public administration: No

      Notification to workers' representatives: No

      Approval by public administration or judicial bodies: No

      Approval by workers' representatives: No

      + show references

      Notification to the worker to be dismissed: written

      Remarks:
      • Art. 29(1) EA

      Notice period:
      Remarks:
      • Art. 29 (1) EA: Notice period for terminating a contract for an unspecified period of time varies between 1 day and one month depending on the frequency of pay and/or the length of service, as follows:
        1) workers paid on a monthly basis: 1 month's notice;
        2) workers paid on a fortnightly basis:
        - 1 fortnight's notice for less than 5 years of service
        - 1 month's notice for at least 5 years of service;
        3) workers paid on a weekly basis:
        - 1 week's notice for less than 2 years of service
        - 1 fortnight's notice between 2 and less than 5 years of service
        - 1 month's notice for at least 5 years of service;
        4) workers paid on a hourly basis:
        - 1 day's notice for less than 6 months of service
        - 1 week notice between 6 months and less than 2 years of service
        - 1 fortnight's notice between 2 and less than 5 years of service
        - 1 month's notice for at least 5 years of service.

        Art. 29 (3) EA: The minimum period of notice in respect of a contract of employment for a specified period of time shall be 14 days.
        • tenure ≥ 6 months
          • monthly paid workers - 1 month(s).
          • fortnightly paid workers - 2 week(s).
          • hourly or weekly paid workers - 1 week(s).
          • fixed-term workers - 14 day(s).
        • tenure ≥ 9 months
          • monthly paid workers - 1 month(s).
          • fortnightly paid workers - 2 week(s).
          • hourly or weekly paid workers - 1 week(s).
          • fixed-term workers - 14 day(s).
        • tenure ≥ 2 years
          • monthly paid workers - 1 month(s).
          • fortnightly, weekly or hourly paid workers - 2 week(s).
          • fixed-term workers - 14 day(s).
        • tenure ≥ 4 years
          • monthly paid workers - 1 month(s).
          • fortnightly, weekly or hourly paid workers - 2 week(s).
          • fixed-term workers - 14 day(s).
        • tenure ≥ 5 years
          • monthly paid workers - 1 month(s).
          • fortnightly, weekly or hourly paid workers - 1 month(s).
          • fixed-term workers - 14 day(s).
        • tenure ≥ 10 years
          • monthly paid workers - 1 month(s).
          • fortnightly, weekly or hourly paid workers - 1 month(s).
          • fixed-term workers - 14 day(s).
        • tenure ≥ 20 years
          • monthly paid workers - 1 month(s).
          • fortnightly, weekly or hourly paid workers - 1 month(s).
          • fixed-term workers - 14 day(s).

        Pay in lieu of notice: Yes

        Remarks:
        • Art. 30 (2) EA

        Notification to the public administration: No

        Notification to workers' representatives: No

        Approval by public administration or judicial bodies: No

        Approval by workers' representatives: No

        + show references

        Notification to the worker to be dismissed: written

        Remarks:
        • Art. 29(1) EA

        Notice period:
        Remarks:
        • Art. 29 (1) EA: Notice period for terminating a contract for an unspecified period of time varies between 1 day and one month depending on the frequency of pay and/or the length of service, as follows:
          1) workers paid on a monthly basis: 1 month's notice;
          2) workers paid on a fortnightly basis:
          - 1 fortnight's notice for less than 5 years of service
          - 1 month's notice for at least 5 years of service;
          3) workers paid on a weekly basis:
          - 1 week's notice for less than 2 years of service
          - 1 fortnight's notice between 2 and less than 5 years of service
          - 1 month's notice for at least 5 years of service;
          4) workers paid on a hourly basis:
          - 1 day's notice for less than 6 months of service
          - 1 week notice between 6 months and less than 2 years of service
          - 1 fortnight's notice between 2 and less than 5 years of service
          - 1 month's notice for at least 5 years of service.

          Art. 29 (3) EA: The minimum period of notice in respect of a contract of employment for a specified period of time shall be 14 days.
          • tenure ≥ 6 months
            • monthly paid workers - 1 month(s).
            • fortnightly paid workers - 2 week(s).
            • hourly or weekly paid workers - 1 week(s).
            • fixed-term workers - 14 day(s).
          • tenure ≥ 9 months
            • monthly paid workers - 1 month(s).
            • fortnightly paid workers - 2 week(s).
            • hourly or weekly paid workers - 1 week(s).
            • fixed-term workers - 14 day(s).
          • tenure ≥ 2 years
            • monthly paid workers - 1 month(s).
            • fortnightly, weekly or hourly paid workers - 2 week(s).
            • fixed-term workers - 14 day(s).
          • tenure ≥ 4 years
            • monthly paid workers - 1 month(s).
            • fortnightly, weekly or hourly paid workers - 2 week(s).
            • fixed-term workers - 14 day(s).
          • tenure ≥ 5 years
            • monthly paid workers - 1 month(s).
            • fortnightly, weekly or hourly paid workers - 1 month(s).
            • fixed-term workers - 14 day(s).
          • tenure ≥ 10 years
            • monthly paid workers - 1 month(s).
            • fortnightly, weekly or hourly paid workers - 1 month(s).
            • fixed-term workers - 14 day(s).
          • tenure ≥ 20 years
            • monthly paid workers - 1 month(s).
            • fortnightly, weekly or hourly paid workers - 1 month(s).
            • fixed-term workers - 14 day(s).

          Pay in lieu of notice: Yes

          Remarks:
          • Art. 30 (2) EA

          Notification to the public administration: No

          Notification to workers' representatives: No

          Approval by public administration or judicial bodies: No

          Approval by workers' representatives: No

          + show references

          Notification to the worker to be dismissed: written

          Remarks:
          • Art. 29(1) EA

          Notice period:
          Remarks:
          • Art. 29 (1) EA: Notice period for terminating a contract for an unspecified period of time varies between 1 day and one month depending on the frequency of pay and/or the length of service, as follows:
            1) workers paid on a monthly basis: 1 month's notice;
            2) workers paid on a fortnightly basis:
            - 1 fortnight's notice for less than 5 years of service
            - 1 month's notice for at least 5 years of service;
            3) workers paid on a weekly basis:
            - 1 week's notice for less than 2 years of service
            - 1 fortnight's notice between 2 and less than 5 years of service
            - 1 month's notice for at least 5 years of service;
            4) workers paid on a hourly basis:
            - 1 day's notice for less than 6 months of service
            - 1 week notice between 6 months and less than 2 years of service
            - 1 fortnight's notice between 2 and less than 5 years of service
            - 1 month's notice for at least 5 years of service.

            Art. 29 (3) EA: The minimum period of notice in respect of a contract of employment for a specified period of time shall be 14 days.
            • tenure ≥ 6 months
              • monthly paid workers - 1 month(s).
              • fortnightly paid workers - 2 week(s).
              • hourly or weekly paid workers - 1 week(s).
              • fixed-term workers - 14 day(s).
            • tenure ≥ 9 months
              • monthly paid workers - 1 month(s).
              • fortnightly paid workers - 2 week(s).
              • hourly or weekly paid workers - 1 week(s).
              • fixed-term workers - 14 day(s).
            • tenure ≥ 2 years
              • monthly paid workers - 1 month(s).
              • fortnightly, weekly or hourly paid workers - 2 week(s).
              • fixed-term workers - 14 day(s).
            • tenure ≥ 4 years
              • monthly paid workers - 1 month(s).
              • fortnightly, weekly or hourly paid workers - 2 week(s).
              • fixed-term workers - 14 day(s).
            • tenure ≥ 5 years
              • monthly paid workers - 1 month(s).
              • fortnightly, weekly or hourly paid workers - 1 month(s).
              • fixed-term workers - 14 day(s).
            • tenure ≥ 10 years
              • monthly paid workers - 1 month(s).
              • fortnightly, weekly or hourly paid workers - 1 month(s).
              • fixed-term workers - 14 day(s).
            • tenure ≥ 20 years
              • monthly paid workers - 1 month(s).
              • fortnightly, weekly or hourly paid workers - 1 month(s).
              • fixed-term workers - 14 day(s).

            Pay in lieu of notice: Yes

            Remarks:
            • Art. 30 (2) EA

            Notification to the public administration: No

            Notification to workers' representatives: No

            Approval by public administration or judicial bodies: No

            Approval by workers' representatives: No