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Lesotho - Working time - 2011


LAST UPDATE

2 December 2011

SOURCES


Name of Act

Labour Code Order 1992, Order No. 24 of 1992, Government Gazette, Extraordinary, 1992-11-12, Vol. XXXVII, No. 118, pp. 1195-1441. As Amended to Labour Code (Amendment) Act, 2006.

Name of Act

Public Holidays Act 1995, Act No. 7 of 1995. As published by ILO’s NATLEX Database at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/43144/82855/F775155357/LSO43144.pdf and accessed 2 December 2011.

LEGAL DEFINITIONS


Working time/working hours

Hours of work means the time during which an employee is at the disposal of the employer, exclusive of any intervals allowed for rest during which the employee is not at the disposal of the employer.
Labour Code 1992 §3

Employee/worker

Employee (and worker) means any person who works in any capacity under a contract with an employer in either an urban or a rural setting, and includes any person working under or on behalf of a government department or other public authority
Labour Code 1992 §3

Employer

Employer means any person or undertaking, corporation, company, public authority or body of persons who or which employs any person to work under a contract and includes:
(a) any agent, representative, foreman or manager of such person, undertaking, corporation, company, public authority or body of persons who is placed in authority over the employee; and
(b) in the case of:
(i) a person who has died, his or her executor;
(ii) a person who has become of unsound mind, his or her Curator Bonis;
(iii) a person who has become insolvent, the trustee of his or her insolvent estate;
(iv) a company in liquidation, the liquidator of the company.
Labour Code 1992 §3

Night work(er)

Night means the period of 12 hours from 6 p.m. to 6 a.m. However, the Minister may, after consultation with the organisations of employers and employees representative of the interests concerned, prescribe by notice in the Government Gazette for the purposes of a particular provision of the Code either generally or for particular categories of industrial undertakings, some other specified period of 12 hours, which shall include the interval between 10 p.m. and 5 a.m.
Labour Code 1992 §3

Domestic worker

Domestic servant includes any person employed in or about a private residence either wholly or partly in any of the following capacities - cook, house servant, waiter, butler, nurse, personal servant, bar attendant, footman, chauffeur, groom, gardener, launderer or watch keeper.
Labour Code 1992 §3

Young worker

Child means a person under the age of 15 years.

Young person means a person of or over the age of 15 years but under the age of 18 years.
Labour Code 1992 §3

NORMAL HOURS LIMITS


Daily hours limit


General limit

The normal hours of work for any employee shall be:
(a) for an employee who ordinarily works a five-day week - 9 hours per day;
(b) for an employee who ordinarily works a six-day week - 8 hours of work on five days and 5 hours of work on one day.
Labour Code 1992 §118(1)

Exceptions

The working hour limit shall not apply:
(a) to undertakings in which only members of the employer’s family, up to a total of five including the employer, are employed; or
(b) to persons holding positions of management or employed in a confidential capacity; or
(c) when it is necessary to perform urgent work to remedy any breakdown of machinery and plant; or
(d) in a case of emergency to avoid or lessen danger to life or serious damage to property; or
(e) in a case of force majeure, in so far as necessary to avoid serious interference with the ordinary working of the undertaking.

Further, specific types of work may be exempted from the normal hours limit:
(i) partially or totally by Ministerial regulation; or
(ii) temporarily by written authority of the Labour Commissioner.
Labour Code 1992 §119(1), (2), (3), (4)
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Special categories


» Young workers

No person under the age of 16 years shall be required or permitted to work for more than 8 hours in any one day.
Labour Code 1992 §125(4)

Weekly hours limit


General limit

The normal hours of work for any employee shall be not more than 45 hours per week.
Labour Code 1992 §118(2)

Reference period(s)

The reference period shall be a 5 or 6 day working week.
Labour Code 1992 §118(1)

Exceptions

The working hour limit shall not apply:
(a) to undertakings in which only members of the employer’s family, up to a total of five including the employer, are employed; or
(b) to persons holding positions of management or employed in a confidential capacity; or
(c) when it is necessary to perform urgent work to remedy any breakdown of machinery and plant; or
(d) in a case of emergency to avoid or lessen danger to life or serious damage to property; or
(e) in a case of force majeure, in so far as necessary to avoid serious interference with the ordinary working of the undertaking.

Further, specific types of work may be exempted from the normal hours limit:
(i) partially or totally by Ministerial regulation; or
(ii) temporarily by written authority of the Labour Commissioner.
Labour Code 1992 §119(1), (2), (3), (4)
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OVERTIME WORK


Criteria for overtime


General

Where the continuous nature of the work so requires, an employer may request or permit an employee to work overtime in addition to the normal hours.
Labour Code 1992 §117(3)

Worker`s influence

No relevant provisions identified.

Limits on overtime hours


General limits

An employer may require an employee to perform up to 11 overtime hours during any one week.
Labour Code 1992 §117(3)

Restrictions/exceptions

The limit on overtime work does not apply:
(a) to undertakings in which only members of the employer’s family, up to a total of five including the employer, are employed; or
(b) to persons holding positions of management or employed in a confidential capacity; or
(c) when it is necessary to perform urgent work to remedy any breakdown of machinery and plant; or
(d) in a case of emergency to avoid or lessen danger to life or serious damage to property; or
(e) in a case of force majeure, in so far as necessary to avoid serious interference with the ordinary working of the undertaking.

Specific types of work may be exempted from the requirement to pay penalty rates:
(i) partially or totally by Ministerial regulation; or
(ii) temporarily by written authority of the Labour Commissioner.
Labour Code 1992 §119(1), (2), (3), (4)
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Compensation for overtime work


Overtime rate(s)

In respect of the additional hours, the employer shall pay the employee for such overtime at a rate not less than one and one quarter times his or her normal wage rate.
Labour Code 1992 §118(3)
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Exceptions

The right to penalty rates for overtime does not apply to:
(a) undertakings in which only members of the employer’s family, up to a total of five including the employer, are employed; or
(b) persons holding positions of management or employed in a confidential capacity.

Specific types of work may be exempted from the requirement to pay penalty rates:
(i) partially or totally by Ministerial regulation; or
(ii) temporarily by written authority of the Labour Commissioner.
Labour Code 1992 §119(1), (3), (4)
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Compensatory rest

No relevant provisions identified.

Compensation procedure

No relevant provisions identified.

Notice of requirement to work overtime


General provisions

No notice requirements for overtime work identified.

Special categories


Pregnant workers/recent birth

No employer shall require an employee who is pregnant, as certified by a medical practitioner, or nursing her child during the six month period immediately following her return to work after statutory maternity leave to work overtime.
Labour Code 1992 §119(5)

SCHEDULES


General

No relevant provisions identified.

REST PERIODS


Rest breaks


General provisions

No employee shall be required to work continuously for more than 5 hours without being given a rest period from work of not less than 1 hour during which time he or she shall not be required or permitted to perform any work.
Labour Code 1992 §118(2)

Exceptions

The rest break requirement does not apply to:
(a) undertakings in which only members of the employer’s family, up to a total of five including the employer, are employed; or
(b) persons holding positions of management or employed in a confidential capacity.

Further, specific types of work may be exempted from the rest break requirement:
(i) partially or totally by Ministerial regulation; or
(ii) temporarily by written authority of the Labour Commissioner.
Labour Code 1992 §119(1), (3), (4)
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Special categories


» Young workers

No person under the age of 16 years shall be required or permitted to work for more than four consecutive hours without a break of at least one hour.
Labour Code 1992 §125(4)

Daily rest periods


Duration

No relevant provisions identified.

Weekly rest periods


Duration


» General

Every employee shall be allowed a weekly rest period of at least 24 continuous hours.
Labour Code 1992 §117(1)

» Exceptions

The requirement to provide a weekly rest period of at least 24 consecutive hours does not apply to:
(a) undertakings in which only members of the employer’s family, up to a total of five including the employer, are employed; or
(b) persons holding positions of management or employed in a confidential capacity.

Further, specific types of work may be exempted from the weekly rest requirement:
(i) partially or totally by Ministerial regulation; or
(ii) temporarily by written authority of the Labour Commissioner.
Labour Code 1992 §119(1), (3), (4)
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Day specified


» General

Whenever practicable, the day of rest shall include Sunday.
Labour Code 1992 §117(1)

» Exceptions

If the circumstances of a particular employment so require, the employer may, after consultation with the employee or his or her representative, at not less than three days’ notice, grant a different period of at least 24 continuous hours in that week as the period of weekly rest for the employee concerned.
Labour Code 1992 §117(1)

Work on weekly rest day


» Criteria

No criteria for requiring a worker to work on a weekly rest day identified.

» Compensation (for working on a rest day)

Whenever an employee is required to work on his or her day of weekly rest, the employer shall pay him or her for such work at double the employee’s wage rate for an ordinary work day.

However, this entitlement does not apply to:
(a) undertakings in which only members of the employer’s family, up to a total of five including the employer, are employed; or
(b) persons holding positions of management or employed in a confidential capacity.
Labour Code 1992 §§117(2), 119(1)
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» Prohibitions and limitations

No prohibitions or limitations on requiring employees to work on weekly rest days identified.

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

No qualifying period identified.

Duration


» General

An employee shall be entitled to one working day’s holiday in respect of each month of continuous employment with the same employer, i.e. a minimum of 12 working days’ holiday in each year.
Labour Code 1992 §120(1)

» Exceptions

When an employee wishes to receive a cash payment in lieu to taking no more than six days of statutory annual leave, the employee and employer may so agree.

In the absence of an agreement with the employee, it shall be an offence for the employer not to allow the employee to enjoy the number of days of holiday with pay in a particular year to which the employee is entitled in excess of the statutory minimum number of days’ including any additional days of holiday entitlement carried over from the previous year.
Labour Code 1992 §120(6)

Payment


» Amount

Annual leave shall be on full pay, meaning the normal remuneration paid to an employee, including any cost-of-living allowance and the cash equivalent of any benefits in kind for which the employee may be eligible under the contract of employment, but does not include any bonus payments which he or she may from time to time have received.
Labour Code 1992 §120(1), (7)(ii)

» Date of payment

No relevant provisions identified.

Schedule and splitting

Annual leave is to be taken at such times as may be agreed between the employer and the employee.

The employee shall take at least six working days’ holiday in a continuous period during the calendar year the holiday is due.

Where, under the terms of a contract of employment or a collective agreement, an employee is entitled to more than the statutory minimum number of days of holiday in any year, the employee may carry over such additional holiday, not exceeding 18 days in all from one calendar year to the next.
Labour Code 1992 §120(1), (2), (3)

Work during annual leave

No relevant provisions identified.

PUBLIC HOLIDAYS


Number and dates

The following 10 days are declared public holidays in Lesotho:
1. New Year’s Day (1st day of January)
2. Moshoeshoe’s Day (11th day of March)
3. Heroes Day (4th day of April)
4. Good Friday
5. Easter Monday
6. Ascension Day
7. Workers’ Day (1st day of May)
8. King’s Birthday (2nd of May)
9. National Independence Day (4th day of October)
10. Christmas Day (25th day of December)
Public Holidays Act 1995 §2, Schedule

Payment

Every employee shall be entitled to a day off with pay on every public holiday declared in accordance with the provisions of the Public Holidays Act 1967.
Labour Code 1992 §121

Work on Public Holidays


» Criteria

No criteria for requiring a worker to work on a public holiday identified.

» Compensation

If an employee works on a public holiday, he or she shall be entitled either to be paid double the normal wage rate for an ordinary working day for having worked on the public holiday, or by agreement with his or her employer, he or she shall be entitled to be paid the normal daily wage rate for having worked on the public holiday and, in addition, be entitled to take ah ordinary working day off with pay at the normal wage rate for that, in lieu of the public holiday.

However, the entitlement to higher rates or compensatory rest does not apply to:
(a) undertakings in which only members of the employer’s family, up to a total of five including the employer, are employed; or
(b) persons holding positions of management or employed in a confidential capacity.
Labour Code 1992 §§117(2), 119(1), 121(2)
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EMERGENCY FAMILY LEAVE

No relevant provisions identified.

PART-TIME WORK


General provisions

No relevant provisions identified.

NIGHT WORK


Criteria for night work

No criteria for requiring night work identified.

Limits


Daily hours limit

Night workers shall be granted reduced working time without loss of earnings.
Labour Code 1992 §130(1)(c)
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Weekly hours limit

Night workers shall be granted reduced working time without loss of earnings.
Labour Code 1992 §130(1)(c)
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Schedule

No relevant provisions identified.

Rest breaks

No provisions specific to night workers identified. See rest break information above.

Daily rest periods

No relevant provisions identified.

Weekly rest periods

No provisions specific to night workers identified. See weekly rest information above.

Annual leave

No provisions specific to night workers identified. See annual leave information above.

Compensation

Night workers shall receive extra pay for performing night work, in an amount determined by collective agreement or, in its absence, by the Minister after consultation with representative organisations of employers and employees.
Labour Code 1992 §130(1)(c)

Workers' health

No worker shall be required to take up an assignment as a night worker unless he or she is fit therefor.

To determine his or her fitness for night work, a worker may request a health assessment without charge. Any medical findings which concern a worker shall not be transmitted to others without his or her consent and shall not be used to his or her detriment. Safeguards shall be established for night workers recognised, for reasons of health, as unfit for this type of work for a given period.

Further, every employee whose work is such as to require him or her to come to work or to return home from work during the hours of 8 p.m. to 5 a.m. shall be provided by his or her employer with transport to the nearest practicable place to his or her home, within a 10 kilometre radius of the employee’s place of employment.
Labour Code 1992 §§130(1)(a), 131

Transfers

Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work for a period of at least three months before the expected date of childbirth and at least three months after childbirth.
Labour Code 1992 §130(1)(b)

Special categories


Young workers

No child or young person shall be employed at night in any commercial or industrial undertaking or in any branch thereof. Further, no person under the age of 16 years shall be employed under conditions preventing him or her from returning each night to the place of residence of his or her parent or guardian.

However, the prohibition on employing young persons at night shall not apply in respect of male young persons who have attained the age of 16 years and who perform work during the night in the case of an emergency that could not have been controlled or foreseen, and which interferes with the normal working of the undertaking.
Labour Code 1992 §§125(5), 126(1)
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Pregnant workers/recent birth

Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work for a period of at least three months before the expected date of childbirth and at least three months after childbirth. These provisions shall not have the effect of reducing the protection and benefits connected with maternity leave.
Labour Code 1992 §130(1)(b)

Domestic work

The requirement that persons under the age of 16 years be employed under conditions preventing him or her from returning each night to the place of residence of his or her parent or guardian shall not apply to domestic servants.
Labour Code 1992 §125(5)

SHIFT WORK


Criteria for shift work

No provisions specifically regulating shift work identified.

ON-CALL WORK


Criteria

No provisions regulating on-call work identified.

FLEXITIME


Criteria

No provisions specifically regulating flexitime work identified.

CASUAL WORK


General provisions

No provisions regulating casual work identified.

SHORT-TIME WORK/WORK-SHARING


General provisions

No provisions regulating short-time work or work-sharing arrangements identified.

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

No provisions establishing a right to change working hours identified.

INFORMATION & CONSULTATION


Information

No provisions requiring employers to provide information on working time to employees identified.

Consultation

No provisions requiring employers to consult on working time arrangements identified.

Results generated on: 22nd September 2014 at 00:11:00.
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