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

Malawi - Procedural requirements for individual dismissals


Procedural requirements for individual dismissals - Malawi - 2013    

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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