Forced Labour

This page was last updated on: 2023-05-07

Prohibition on Forced and Compulsory Labour

The legal provisions preventing slavery and forced labor are found in the Constitution and the Labour Code.

The Constitution has stipulated that no one can be held in slavery or forced labour. The Labour Code also prohibits forcing others to forced labour. Any person who forces another person to engage in forced labour is subject to a fine of up to 2000 maloti or to imprisonment for a term not exceeding 1 year.

Anti-Trafficking in Persons Act of 2011 prohibits as well as punishes all kinds of trafficking and entails protective measures for its victims. A person involved in trafficking with another person, commits an offence and is liable to pay a fine of one million Lesotho Maloti or imprisonment for 25 years. Where the victim is child, offender has to pay a fine of two million Lesotho Maloti or life imprisonment. A person who engages unlawfully in conduct that causes other person to enter into situations of debt bondage, is liable for the imprisonment of 15 years. This Act also provides for aggravated trafficking where trafficked person dies, becomes mentally or physically disable, suffers injury, where his/her health condition worsens due to chronic disease. In the event of aggravated trafficking, the offender, on conviction, is liable to pay a fine of two million Lesotho Maloti or face life imprisonment.

Source: §04 & 09 of the Constitution of Lesotho, 1998; §07 of the Labour Code, 1992; §5, 7 and 9 of the Anti-Trafficking in Persons Act of 2011

Freedom to Change Jobs and Right to Quit

The law of Lesotho gives a worker freedom to change jobs and the right to quit. In accordance with the provisions of the Constitution, everyone has the right to work and freedom of work. A worker who wants to terminate his employment contract must also give his employer a minimum period of notice depending on the length of employment, which ranges between 7 days’ to three months.

For more information on this, please refer to the section on employment security.

Source: §05, 63, 64, 65, 66 and 67 of the Labour Code, 1992; §235 of the Labour Code Amendment Act 2006

Inhumane Working Conditions

Normal working hours are 8-9 hours a day and 45 hours a week. The general overtime work must not exceed 11 hours per week.

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

For more information on this, please refer to the section on working time.

Source: §117,118 and 119 of the Labour Code, 1992

 
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