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Malawi - Minimum Wages - 2011


SOURCES


Name of Act

Employment Act, 1999 (No. 6 of 2000). Government Gazette, Supplement, 2000-05-19.

Name of Act

Human Rights Report 2011 Malawi

LEGAL DEFINITIONS


Wage

remuneration means the wage or salary and any additional benefits, allowances or emoluments whatsoever payable, directly or indirectly, whether in cash or in kind, by the employer to the employee and arising out of the employee�s employment;

wage means all earnings, however designated or calculated, capable of being expressed in terms of money and fixed by mutual agreement or by law, which are payable by virtue of a written contract of employment by an employer to an employee for work done or to be done or for service rendered or to be rendered.
Employment Act §3

MINIMUM WAGE FIXING


Procedure


Government decides after consultation of the social partners

The Minister, if he is of the opinion that it is expedient to fix the minimum wages of any group of wages earners, shall consult with organizations of workers and employers relevant to the group of wage earners as to the appropriate level of minimum wage to be prescribed.
The Minister may, after the consultations referred to in subsection (1), publish in the Gazette, a wages order prescribing the minimum wages to be paid to the group of wage earners to which such wages order applies.
Employment Act §54(1)(2)

Criteria


Needs of workers and their families

In prescribing minimum wages, the minister shall, as far as possible, consider -
(a) the needs of workers and their families, the general level of wages, the cost of living, social security benefits and the relative living standards of order social groups.
Employment Act §54(3)a)

Cost of living

In prescribing minimum wages, the minister shall, as far as possible, consider -
(a) the needs of workers and their families, the general level of wages, the cost of living, social security benefits and the relative living standards of order social groups; and
Employment Act §54(3)a)

Level of wages and incomes in the country

In prescribing minimum wages, the minister shall, as far as possible, consider -
(a) the needs of workers and their families, the general level of wages, the cost of living, social security benefits and the relative living standards of order social groups.
Employment Act §54(3)a)

Social security benefits

In prescribing minimum wages, the minister shall, as far as possible, consider -
(a) the needs of workers and their families, the general level of wages, the cost of living, social security benefits and the relative living standards of order social groups.
Employment Act §54(3)a)

Economic development

In prescribing minimum wages, the minister shall, as far as possible, consider -
(b) economic factors, including the requirements of economic development, levels of productivity and any effect the wage might have on employment.
Employment Act §54(3)b)

Productivity

In prescribing minimum wages, the minister shall, as far as possible, consider -
(b) economic factors, including the requirements of economic development, levels of productivity and any effect the wage might have on employment.
Employment Act §54(3)b)

Level of employment

In prescribing minimum wages, the minister shall, as far as possible, consider -
(b) economic factors, including the requirements of economic development, levels of productivity and any effect the wage might have on employment.
Employment Act §54(3)b)

Capacity of employers to pay

In prescribing minimum wages, the minister shall, as far as possible, consider -
(b) economic factors, including the requirements of economic development, levels of productivity and any effect the wage might have on employment.
Employment Act §54(3)b)

Level


Minimum wage level(s) in national currency

The urban minimum wage is of 142 MWK per day.
Human Rights Report 2011 Malawi p. 23

Rate of payment


» Daily

The urban minimum wage is of 142 MWK per day.
Human Rights Report 2011 Malawi p. 23

Scheduled frequency of adjustment

The Minister shall, in consultation with representative organizations of workers and employers, reconsider the levels of minimum wages at least once every three years.
Employment Act §54(4)

Enforcement mechanisms


Fines in national currency for non-respect of legislation

Any employer whom pays wages in contravention of subsection (1) shall be guilty of an offence and liable to a fine of MK 50,000 and to imprisonment for ten years.
Employment Act §55(2)

Results generated on: 23rd May 2013 at 23:04:34.
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