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Malawi - Working time - 2011


SOURCES


Name of Act

Employment Act, Act n. 6 2000, 19th May 2000.

Name of Act

Public Holidays in Malawi
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LEGAL DEFINITIONS


Employee/worker

Employee means:
(a) a person who offers his services under an oral or written contract of employment, whether express or implied;
(b) any person, including a tenant share cropper, who performs work or services for another person for remuneration or reward on such terms and conditions that he is in relation to that person in a position of economic dependence on, and under an obligation to perform duties for, that person more closely resembling the relationship of employee than that of an independent contractor; or
(c) where appropriate, a former employee
Employment Act §3

Employer

Employer means:
(a) any person, body corporate, undertaking, public authority or body of persons who or which employs an employee and includes heirs, successors and assignees of the employer; or
(b) were appropriate, a former employer;
Employment Act §3

NORMAL HOURS LIMITS


Daily hours limit


General limit

The Minister shall require or permit:
Any employee, other than a guard or shift worker:
i) who normally works not more than five days during a week, to work for more than twelve hours on any day; or
ii) who normally works six days during a week, to work for more than eight hours on any day.
Employment Act §37(1)b)

Special categories


» Shift work

The Minister shall require or permit:
a) a guard or shift worker to work for more than eight hours on any day.
Employment Act §37(1)a)

Weekly hours limit


General limit

Subject to subsection (3), no employer shall require or permit a guard to work for more than forty eight hours in a week, excluding overtime.
Employment Act §36(2)

Reference period(s)

No employer shall require or permit an employee to work for more than six consecutive days without a period of rest, comprising at least twenty four consecutive hours, which shall be taken on a customary day of rest or a day agreed upon between the parties
Employment Act §36(4)

OVERTIME WORK


Criteria for overtime

The Minister may, by Order published in the Gazette, grant temporary exemption from any or all provisions of this Part:
(a) in case of accident, actual or imminent, force majeur or the need for urgent work to premises or equipment, but only in so far as may be necessary to avoid serious interference with the ordinary working of the undertaking;
(b) in the event of abnormal pressure of work due to special circumstances, in so far as the employer cannot ordinarily be expected to resort to other measures; and
(c) in order to prevent loss of perishable goods.
Employment Act §38(1)

General

There shall be three classes of overtime known respectively as:
a) Ordinary overtime, which shall be time worked on a working day in excess of the hours normally worked by the employee in the undertaking concerned;
b) day off overtime, which shall be time worked by an employee on a day on which he would otherwise be off duty; and
c) holiday overtime, which shall be time worked on a public holiday.
Employment Act §39(2)

Limits on overtime hours


General limits

Overtime shall be subject to the limitations set out in sections 36(4) and 37.

No employer shall require or permit an employee to work for more than six consecutive days without a period of rest, comprising at least twenty-four consecutive hours, which shall be taken on a customary day of rest or a day agreed upon between the parties:
Provided that the weekly rest period shall, whenever possible, be granted simultaneously to all employees concerned in each undertaking.

The Minister shall require or permit -
(a) a guard or shift worker to work for more than eight hours on any day; (Maximum daily working hours)
(b) any employee, other than a guard or shift worker �
(i) who normally works not more than five days during a week, to work for more than twelve hours on any day; or
(ii) who normally works six days during a week, to work for more than eight hours on any day.
Employment Act §39(1), 36(4), 37

Compensation for overtime work


Overtime rate(s)

An employee shall for each hour of ordinary overtime be paid at the hourly rate of not less than one and one-half his wage for one hour.

An employee shall for each hour of day-off overtime be paid at the hourly rate of not less than twice his wage for one hour.

An employee shall for each hour of holiday overtime be paid at a rate of not less than twice the normal hourly rate.
Employment Act §39(3)(4)(5)

REST PERIODS


Weekly rest periods


Duration


» General

No employer shall require or permit an employee to work for more than six consecutive days without a period of rest, comprising at least twenty-four consecutive hours, which shall be taken on a customary day of rest or a day agreed upon between the parties.
Employment Act §36(4)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

Where an employee�s length of service in any one year, including the period prior to the completion of the first year of continuous service, is less than the length of service required for the full entitlement set out in subsection (1), the employee shall be entitled to a period of annual leave with pay proportionate to his length of service during that year.
Employment Act §44(2)

Duration


» General

Every employee, except where otherwise provided for in this Act, shall be entitled to a period of annual leave with pay of not less than
(a) eighteen working days if he/she works six days a week; and
(b) fifteen working days if he/she works five days a week.
Employment Act §44(1)

Payment


» Amount

The amount to be paid to an employee under this section shall be calculated at the rate of at least the wage, which the employee was receiving immediately prior to the date upon his leave commenced or his employment terminated, as the case may be.
Employment Act §45(3)

Schedule and splitting

The leave shall be taken within six months of the entitlement to the leave falling due : Provided that the leave may be deferred and accumulated by mutual agreement.

The leave referred to in section 44:
(a) shall be granted by the employer, in consultation with the employee, as from a date determined by the employer, but not later than six months after the end of the year in respect of which the leave entitlement arose;
(b) shall not be concurrent with any period of -
(i) sick leave granted pursuant to section 46;
(ii) maternity leave granted pursuant to section 47; or
(iii) notice of termination of contract of employment.
(c) shall be extended by one working day with full pay each public holiday which falls within the employee’s period of leave and falls on a day which otherwise would have been an ordinary working day for the employee.
Employment Act §44(1), 45(1)

Special categories


» Part-time work

Where an employee is employed on a less than full-time basis, any day on which the employee works shall, in the computation of periods of employment, be counted as one working day.
Employment Act §44(3)

PUBLIC HOLIDAYS


Work on Public Holidays


» Criteria

An employee, if not required to work on a public holiday, shall be entitled to leave of absence with full pay on the holiday:
Provided that -
(a) an employee who absents himself without reasonable cause on the working day preceding the public holiday shall not be paid for the public holiday;
(b) where more than one public holiday is observed on successive days then, in order to qualify for permanent in respect of the public holidays, an employee shall not have been absent without reasonable cause for the equivalent number of working days immediately preceding the public holidays; and
(c) an employee who, having been required to work on a public holiday, fails so to do without reasonable cause shall not be entitled to payment in respect of the public holiday.
Employment Act §40(1)

» Compensation

Each hour worked on a public holiday shall be paid for at the hourly rate of wages in addition of the day¿s pay required to be given under subsection (1)
Provide that -
(a) when the hours worked on the public holiday exceeds the number of hours normally worked, the additional hours shall be paid for at twice the hourly rate; and
(b) where pay for a public holiday is not payable due to the absence of the employee from work on the day or days preceding the public holiday or holidays and the employer requires the employee to work on the public holiday or holidays, then the employee shall nevertheless be paid for all hours worked on the public holiday or holidays at twice the normal hourly rate.
Employment Act §40(2)

Results generated on: 31st October 2014 at 14:34:37.
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