Fair Treatment

Equal Pay

The Constitution and the Labour Code guarantees equal pay to women workers for work of equal value. Constitution of Lesotho requires the state to adopt policies directed to achieve fair wages and equal remuneration for work of equal value without distinction of any kind. Labour Code requires that men and women working in the same undertaking must receive equal pay for the same work or work of equal value. Pay will be set in the same way for women and men without regard to gender.

Source: §30 of the Constitution of Lesotho 1998, §05 of the Labour Code, 1992

Non-Discrimination

The Constitution and the Labour Code both prohibit discrimination. In accordance with the Constitution, discrimination is prohibited on the following grounds: race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Discrimination based on race, colour, sex, marital status, religion, political opinion, national extraction or social origin, property, birth, and HIV and AIDS status is prohibited.

The prohibited grounds for dismissal include marital status; pregnancy; maternity leave; family responsibilities; filing a complaint against the employer; race; color; sex; religion; political opinion; social origin; nationality/national origin; trade union membership and activities; lawfully taking leave (authorized absence from work) and HIV status.

Source: §18 of the Constitution of Lesotho 1998; §05 of the Labour Code, 1992; §235 of the Labour Code Amendment Act 2006

Equal Choice of Profession

The constitution guarantees the right to choose work for all individuals and creates obligations on the state to adopt policies that promote equal opportunity for men and women to be promoted in their employment to higher levels, subject to no considerations other than those of seniority and competence.

Source: §29 and 30 of the Constitution of Lesotho 1998

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