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Lesotho - Minimum Wages - 2009


LAST UPDATE

11 November 2009

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

Wages Order 1994, Legal Notice No. 60, Government Gazette, Extraordinary, 1994-07-01, Vol. XXXIX, No. 58, pp. 597-601

Name of Act

Labour Code Wages (Amendment) Order, Legal Notice No. 146 of 2003, ["Schedule" Basic Minimum Wages], Government Gazette, Extraordinary, 2003-09-29, Vol. XLVIII, No. 85, pp. 783-784 (date of intoduction:1st October 2003)

Name of Act

Labour Code Wages (Amendment) Order, Legal Notice No. 132 of 2005 ["Schedule of Minimum Wages],Government Gazette,
Extraordinary,2005-09-29, (Date of introduction: 1st October 2005).

Name of Act

Labour Code Wages (Amendment) Order, 2008, dated 1 October 2008.

LEGAL DEFINITIONS


Employee/worker

Employee 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

Means any person or undertaking, corporation, company, public authority or body of persons who or which employs any person to work under a contract.
Labour Code 1992 §3

MINIMUM WAGE FIXING


Procedure


Government decides after consultation of the social partners

Minimum wage rates are set in accordance with workers’ occupations in Wages Orders issued by the Minister of Labour. Wages Orders are based on the recommendations and proposals submitted by the Wages Advisory Board following the Board having carried out investigations into the conditions of employment of the employees that will be affected by the Order.
The Wages Advisory Board consists of not more than three independent members, and a number of persons as the Minister deems necessary to represent employers and employees. Employers’ and employees’ representatives have to be equal in number. The public may provide comments on proposed Wages Orders prior to the recommendation being submitted to the Minister of Labour.
Labour Code 1992 §50; §51, and First Schedule

Minimum wage set through decentralized collective bargaining

Wages may also be determined in collective agreements. Workers covered by Wages Orders may not receive less than the applicable minimum wage rate.
The Minister of Labour may extend agreements on the condition that the agreement has been made by parties that represent a substantial proportion of the employers and employees in the industry concerned.
Labour Code 1992 §54 and §58

Criteria


Other provisions

The legislation does not set forth the criteria to be applied when minimum wage rates are set or adjusted.

Coverage


Scope

Workers covered under the Wages (Amendment) Order are:
Clothing, textile and leather manufacturing sector
Construction sector
Wholesale and Retail sector
Retail sector
Service sector
Small business


Labour Code Wages (Amendment) Order, 2008
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Specific minimum wage rates


» Specific minimum wage by occupation

Wholesale, supermarkets and furniture shops, bakeries
Cafes
Gas and petrol filling stations
Restaurants, food caterers and guest houses
Funeral parlour
Cleaning services
Labour Code Wages (Amendment) Order, 2008

» Specific minimum wage by sector

Transport Sector
Small Business
Hotels, motels and lodges
Labour Code Wages (Amendment) Order, 2008

» Specific minimum wage by region

No

» Minimum wage levels for specific categories of workers


» Trainees

Textile machine operator trainee
Labour Code Wages (Amendment) Order, 2008

» Other categories

Textile general worker
Textile machine operator
Trained machine operator
Textile general worker
Construction machine operator and certificated (bricklayer, carpenter, steel fixer, welder, electrician, plumber)
Construction worker
Security guard or watchman
Domestic workers
Labour Code Wages (Amendment) Order, 2008
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Level


Minimum wage level(s) in national currency

The general minimum wage for employees with less than 12 months service with the same employer is: 812 Maloti monthly, 203 Maloti weekly, and 45 Maloti daily.
Labour Code Wages (Amendment) Order, 2008

Last minimum wage update

1 October 2008
Labour Code Wages (Amendment) Order, 2008

In-kind allowances

The legislation provides that Wages Orders may authorise the provision of certain benefits or advantages by the employer in lieu of cash and define the value of such benefits. However, in practise, the Wages Orders have not included such provisions.
Labour Code 1992 §56

Rate of payment


» Daily

Yes

» Weekly

Yes

» Monthly

Yes

Scheduled frequency of adjustment

The Wages Advisory Board must examine the minimum wage rates on an annual basis and consider whether any changes should be recommended to the Minister of Labour.
Labour Code 1992 §52

Enforcement mechanisms


Labour inspection

Labour officers may carry out inspections in order to ensure that provisions of the Labour Code are adhered to.
Labour Code 1992 §14

Fines in national currency for non-respect of legislation

An employer who fails to pay an employee to whom a Wages Order applies at least the statutory minimum wage is liable on conviction to a fine not exceeding 300 maloti or to imprisonment for a period not exceeding 3 months for each offence. In addition, the employer must pay the employee the difference between the wages that ought to have been paid and the amount actually paid.
Labour Code 1992 §58(2)

Results generated on: 24th April 2014 at 09:05:49.
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