Laws of Malawi

EMPLOYMENT: SUBSIDIARY LEGISLATION

Muli bwanji!Lilongwe

EMPLOYMENT: SUBSIDIARY LEGISLATION

EMPLOYMENT (MINIMUM WAGES) ORDER

under s. 54

G.N. 57/2000
25/2003
2/2005
29A/2007
30/2010
16/2012
57/2013
32/2015
34/2017
68/2019
100/2020
3/2024

1.    Citation

    This Order may be cited as the Employment (Minimum Wages) Order.

2.    Minimum wage for employees

    (1) The minimum daily wage to be paid to an employee shall not be calculated at a rate less favourable than that specified, in relation to the area of employment, below—

    (a)    in the cities of Blantyre, Lilongwe, Mzuzu and the Municipality of Zomba, K3,461.54 per day; and

    (b)    in all townships and all other areas, K3,461.54 per day.

    (2) The minimum rate payable in respect of weekly, fortnightly or monthly contracts shall be not less favourably than—

    (a)    weekly: the appropriate daily rate multiplied by six;

    (b)    fortnightly: the appropriate daily rate multiplied by twelve; and

    (c)    monthly: the appropriate daily rate multiplied by twenty-six.

    (3) An employee whose terms of employment necessitate his rate of wages to be calculated on an hourly basis shall be remunerated at a rate not less favourable than the appropriate daily rate divided by the factor eight:

    Provided that where the number of hours customarily worked by an undertaking is less than eight hours per day, the appropriate daily rate shall be divided by such lesser number and not by the factor herein prescribed.

3.    Wages for a domestic worker

    The minimum wages for a domestic worker shall be K2,000 per day.

4.    Wages for employees in micro, small or medium-sized enterprise

    (1) Notwithstanding paragraph 2, the minimum wage for an employee employed in a micro-sized enterprise, small-sized enterprise or medium-sized enterprise shall be as follows—

    (a)    K2,884.62 per day, in the case of an employee employed in a micro-sized enterprise or a small-sized enterprise; and

    (b)    K3,461.54 per day, in the case of an employee employed in a medium-sized enterprise.

    (2) For purposes of this paragraph—

    (a)    “micro-sized enterprise” means an enterprise that—

        (i)    employs one or more employees but not exceeding four;

        (ii)    has a maximum annual turnover of K5,000,000; and

        (iii)    in the case of a manufacturing firm, has assets of not more than K5,000,000, excluding land and building;

    (b)    “small-sized enterprise” means an enterprise that—

        (i)    employs five or more employees but not exceeding twenty;

        (ii)    has an annual turnover of more than K5,000,000 but not exceeding K50,000,000; and

        (iii)    in the case of a manufacturing firm, has assets of not more than K20,000,000, excluding land and building; and

    (c)    “medium-sized enterprise” means an enterprise that—

        (i)    employs twenty-one or more employees but not exceeding ninety-nine;

        (ii)    has an annual turnover of more than K50,000,000 but not exceeding K500,000,000; and

        (iii)    in the case of a manufacturing firm, has assets of not more than K250,00,000, excluding land and building.

    (3) An enterprise shall be classified as a micro-sized enterprise, small-sized enterprise or medium-sized enterprise, as the case may be, if it meets at least two of the three criteria specified for each class in subparagraph (2).

EMPLOYMENT (HOUSING ALLOWANCE) ORDER

under s. 67

G.N. 58/2000
1/2005 28/2007

1.    Citation

    This Order may be cited as the Employment (Housing allowance) Order.

2.    Minimum wage for employees

    This order shall apply to all employees in the cities of Blantyre, Lilongwe and Mzuzu, in the Municipality of Zomba and in all Townships and who are paid wages at the rate not exceeding—

    (a)    in the case of employees in the cities of Blantyre, Lilongwe and Mzuzu, and in the Municipality of Zomba, K117.30 per day; and

    (b)    in the case of employees in all Townships, K95.45 per day.

3.    Housing allowance

    An employee who is not provided with housing accommodation by his employer shall be paid by the employer a housing allowance in the case of an employee—

    (a)    in the cities of Blantyre, Lilongwe and Mzuzu, and in the Municipality of Zomba, not less than K12.00 per day; and

    (b)    in all Townships, not less than K10.00 per day.

4.    Saving

    An employee in receipt of a housing allowance greater than the allowance appropriate to him at the coming into operation of this Order shall not, by virtue only of this Order, have his allowance reduced.

EMPLOYMENT (MINIMUM WAGES) (APPRENTICES, CRAFTSMEN AND TRADESMEN) ORDER

under s. 54

G.N. 29/2007
22/2014
69/2017

1.    Citation

    This Order may be cited as the Employment (Minimum Wages) (Apprentices, Craftsmen and Tradesmen) Order.

2.    Minimum wages for apprentices First Schedule

    The minimum wages in respect of apprentices’ wages shall be as set out in the First Schedule.

3.    Minimum wages for craftsmen Second Schedule

    The minimum wages in respect of craftsmen who hold Malawi Advanced Craft Certificates shall be as set out in the Second Schedule.

4.    Minimum wages for tradesmen

Third Schedule

    The minimum wages in respect of tradesmen who hold National Trade Test Certificates shall be as set out in…

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