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.
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.