Compensation

Overtime Compensation

In accordance with the General Wages Order 2011, Domestic Workers Wages Order 2011 and Shop Workers’ Wages Order 2011, maximum working hours in a week are 48 hours (for both general and domestic workers) and 45 hours (for shop workers, other than managers). The weekly hour limit for watchperson is 60 hours, spread over 06 days. Daily working hours limit is not specified by the law except for shop workers. Normal working hours limit for shop workers is eight and a half hours per day and for workers employed in butcheries, bakeries and dairies, it is ten and a half hours per day.

Work done in excess of normal weekly working hours is considered as overtime and it is compensated by the premium of at least 150% of the normal hourly wage rate. Law does not clearly specify the limits to overtime.

Source: §3 & 4(1) of the Minimum Wages and Conditions of Employment (General) Order, 2011 (amended in 2012); §3 & 4(1) of the Minimum Wages and Conditions of Employment (Shop Workers) Order, 2011 (amended in 2012); §6 of the Minimum Wages and Conditions of Employment (Domestic Workers) Order, 2011 (amended in 2012)

Night Work Compensation

In accordance with the General Wages Order 2011, workers working between 19:00 hours and 06:00 hours are paid hourly rate of categories I & II (3,646 Kwacha). These employees would also be paid an additional rate of 100 kwacha shift differential for hours worked between these hours.

On the other hand, the Shop Workers’ Wages Order requires a shift differential of 500 kwacha for these hours.

Source: §2(5) of the Minimum Wages and Conditions of Employment (General) Order, 2011 (amended in 2012); §3(4) of the Minimum Wages and Conditions of Employment (Shop Workers) Order, 2011 (amended in 2012)

Compensatory Holidays / Rest Days

In extraordinary circumstances, workers may perform work on weekly rest days and public holidays. There is no provision of compensatory rest day when a worker has to perform work on a weekly rest day or a public holiday except in the case of domestic worker who can be granted time-off in lieu of overtime allowance.  There is no provision for compensatory holiday for workers working on a public holiday.

Source: §7(2) of the Minimum Wages and Conditions of Employment (Domestic Workers) Order, 2011 (amended in 2012)

Weekend / Public Holiday Work Compensation

Workers may be required to work on weekly rest days and public holidays with a premium pay for it. When a worker performs work on Sunday and Public Holidays, he/she receives wages at a premium rate of 200% of the normal hourly wage rate. If it is normal for some class of employees to be working on public holidays, such employees would be entitled to such wages as agreed under collective agreement or an individual contract of service.

Source: §4(2) of the Minimum Wages and Conditions of Employment (General) Order, 2011 (amended in 2012); §4(2) of the Minimum Wages and Conditions of Employment (Shop Workers) Order, 2011 (amended in 2012); §7(2) of the Minimum Wages and Conditions of Employment (Domestic Workers) Order, 2011 (amended in 2012)

Regulations on Compensation

  • Minimum Wages and Conditions of Employment (General) Order, 2011 (amended in 2012)
  • Minimum Wages and Conditions of Employment (Shop Workers) Order, 2011 (amended in 2012)
  • Minimum Wages and Conditions of Employment (Domestic Workers) Order, 2011 (amended in 2012)
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