Compensation

Overtime Compensation

The working hours of employees are subject to rules stipulated in the Labour Code. Normal working hours are 45 hours a week in five or six-day reference period. In a 05-day workweek, the daily working hours are 09 hours while in a 06-day workweek, daily working hours are 08 hours for five days and 05 hours for sixth day.

The provisions concerning working hours do not apply to workers in a family enterprise,; employees holding management positions; when it is necessary to perform urgent work to remedy breakdown of machinery and in case of emergency/force majeure.

Overtime (time in excess of normal working hours) is allowed only when there is exceptional and time-limited need for it.

The general overtime work must not exceed 11 hours per week, subject to the exceptions mentioned above.

For overtime work, a supplement is paid in addition to the pay received by the employee for corresponding work during normal working hours. The overtime supplement is at least 25%, i.e., workers are paid 125% of their normal wage for overtime hours.

Source: §117-119 of the Labour Code, 1992

Night Work Compensation

The provisions regulating night work in Lesotho are contained within Labour Code. The said Act defines the term "night work" as work carried out in the interval between 18:00 and 06:00.

Normal working hours for an employee who regularly works more than 03 hours during above referred night hours, cannot not on average exceed 8 hours during a work day especially of the work which involves exceptional risk or considerable physical or mental strain. The average is calculated over 04 weeks.

The additional compensation paid for doing night work is determined either through collective agreements or by the Government after consulting with the representatives of the employers and the employees. Night workers must be medically examined (free of charge) before commencing employment and no worker will be required to do night work unless he or she is declared fit for it.

Source: §03, 130 & 131 of the Labour Code, 1992

Compensatory Holidays / Rest Days

The rules on compensatory rest days for working on a weekly rest day or a public holiday come from the Labour Code.

The Law does not prohibit working on a weekly rest day or public holiday but on the other hand also does not provide any criteria for working on such days.

Compensatory rest is only allowed where the work is done on a public holiday. In case of such work, the employee will be entitled to take another working day off in lieu of working on the public holiday.

Source: §117, 119 & 121 of the Labour Code, 1992

Weekend / Public Holiday Work Compensation

The compensation to be paid for working on weekly rest day/public holiday is 100% i.e. workers are paid 200% of their normal wage rate for working on weekly rest days and/or public holidays. In the case of public holidays, employers have the option to either pay wages at double rate or provide a fully paid compensatory rest day.

Source: §117, 119 & 121 of the Labour Code, 1992

Loading...