Labor Law And Implementation Rules In Lesotho And Labor Management Experience

In 1992, the labor and Employment Department of Lesotho promulgated the labor law, which is the law of standardizing labor relations and order in 21 chapters and 243 sections. The bill provides specific provisions on wages, employment contracts, working hours, holidays, labor and welfare, non local employment, trade unions and Arbitration for labor disputes.

The detailed rules for implementation of the law were promulgated in 2003.

The law was revised in September 2010 and October 2011 respectively.

The main contents of the labour law are:

(1) preamble, indicating its scope of application.

(two) interpretation and basic provisions, including terminology definition, code interpretation, management principles, non discrimination principle and freedom of association, prohibition of forced labor and the fairness of contracts.

(three) administrative power and judicial jurisdiction

(four) wage mechanism, including wage Advisory Committee and annual salary audit policy.

(five) contract signing and termination, dismissal

(six) wage protection system

(seven) health, safety and welfare

(eight) working hours, holidays and sick leave.

(nine) employment of women, young people and children

(ten) registration of trade union organizations and employers' organizations

(eleven) labor intermediaries

(twelve) foreign service contract

(thirteen) employment of non - loose people

(fourteen) Rules of trade union organizations and employers' organizations

(fifteen) unfair treatment

(sixteen) assets and accounts of trade union organizations and employers' organizations

(seventeen) responsibilities and obligations of trade union organizations and employers' organizations

(eighteen) dispute settlement

(nineteen) strike, loss and necessary services

(twenty) picket, coercion and other disputes

(twenty-one) amendment, repeal and supplement

Detailed rules for the establishment and termination of employment relations, collective contracts, strikes and stoppages, picket, discrimination in employment and sexual harassment in the workplace were put forward in 2003.

Labour Law >

"Clearly stipulates:

Termination of employment, including automatic termination of agreement, termination of employees' unilateral termination, termination of employer's unilateral termination.

The contracts are divided into fixed term agreements and agreements which do not specify the term of work.

If the employee agrees to a fixed term contract, the employee can resign only if the employer violates the contract seriously.

If the employer does not violate the contract, the only way for the employee to terminate the contract legally is to get the promise of the employer's early termination of the contract.

The employer's serious breach of contract includes: refusing to pay wages, verbal condemnation or physical sexual harassment, unfair discrimination, etc.

The premise for an employer to dismiss an employee is to comply with the contract stipulation, abide by the relevant notice of the labor law and the relevant provisions of the severance payment, and follow the fair procedure and the just cause for dismissal.

The justification can only be effective. If the employer fails to prove the grounds for dismissal, the dismissal will be considered unjust.

The justification for dismissal of employees depends on the nature and seriousness of the reasons.

At the same time, the reasons must be sufficient in specific circumstances.

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Serious breach of contract includes: refusing to work, stealing, cheating, completely disobeying management, attacking colleagues, etc.

There is a reasonable period of time for the trial period, usually 3 months. In view of certain factors, it can sometimes be up to 4 months and can be extended through consultation.

The trial period is generally not more than 4 months, otherwise it must be approved by the head of the labor department in writing.

Employees can not be dismissed simply because they are infected with AIDS. Employees can continue their current work until they are no longer suitable for medical work.

Employers must provide alternative jobs without infringing upon the interests of employees.

An unprotected strike, which involves participation in strikes that do not comply with the labour law, is a misconduct that can be dismissed.

The labor law considers that trade unions have the right to negotiate as a matter of forming collective contracts. The collective contract is defined as a written agreement on mutual interests between registered trade unions and employers' organizations, including recognition agreements, agencies and appeals, disciplinary and dispute settlement procedures.

Once a trade union is admitted, the employer and the trade union shall have the obligation to negotiate with each other, including mutual respect, consultation, maintaining the continuity of the representatives, attending the meeting on time, promoting the proposals made, and considering the proposals made by other parties. If they are unacceptable, they point out that they can not accept the reasons.

If one party fails to negotiate in good faith, the other party does not need to continue consultations.

A party who fails to negotiate with good faith can not take any action to terminate negotiations and declare a deadlock. That is, the innocent party has not declared a deadlock, and the breach party can not implement its proposal or take improper labor action.

The employer's obligation to negotiate in good faith includes disclosure of relevant information, and trade unions can reasonably request relevant information.

Information that employers are not required to disclose includes: legal privileges, information not permitted to be publicly prohibited by law or court decisions, and personal privacy materials of employees (if employees are allowed to disclose) if they disclose serious injury to employees or employers.

- a procedure to be followed before an employer stops lawfully or an employee strikes lawfully: submitting a dispute to the Council; the chairman of the Council assigns a mediator to settle the dispute through mediation within 30 days from the date of submission; if settled, the mediator signs the report and reports the dispute in writing, and the parties to the dispute also sign; if the settlement is not settled, the mediator shall sign the unresolved report.

Notice must be given 7 days before stoppage or strike.

In addition, the labour law stipulates that the dress police can intervene only when a strike violates peaceful or legal acts, especially acts of violence.

Security can be employed to protect employer's property and ensure the safety of employees in the workplace. There is no obligation to enforce the labour law or the Labour Court's decision.

(two) specific provisions on labour and labour relations

Normal working hours: each employee has no more than 45 hours working hours per week. He should rest for at least 1 hours after 5 hours of continuous work. He can not work overtime for more than 11 hours per week, and overtime wages should not be less than 1.25 times of normal wages.

Public holidays: there are 12 public holidays every year. Workers should enjoy paid leave on the same day. If they want to work overtime, employers should pay double wages or rest day.

Dismissal: no reason to dismiss workers for no reason.

Workers have the right to defend themselves when they are dismissed.

Workers who have worked for a full year are entitled to a dismissal fee equivalent to two weeks' wages when dismissed.

Sick leave: after 6 months of work, workers can enjoy 12 days' paid sick leave at most. After working for 12 months, they can enjoy 24 days' half paid sick leave in addition to 12 days' paid sick leave.

Medical certificate should be provided for sick leave.

Maternity leave: female employees can take maternity leave for 6 weeks with medical certificate.

The employer may not pay the maternity leave salary except the contract or voluntarily, but he may not dismiss the worker during this period.

Providing pportation: if a worker is required to work between 8 and 5 a.m., the employer is obliged to provide pport to the nearest place within 10 km away from the workplace.

Minimum wage standard: the employer must pay at least the minimum wage to the employee.

Hiring foreign personnel: the company managers and their managers in the foreign invested enterprises who invest in Laiwu can automatically get the license for work. If special skilled workers are needed, and Laplace do not, they can employ foreign workers, but they must obtain the work and residence permit issued by the Ministry of labor and the Ministry of employment and the Ministry of the interior in advance.

(three) current wage situation

The Ministry of labour and employment of Lesotho has a wage advisory committee consisting of 26 members, including the Ministry of labour and employment, the Ministry of labour and employment, officials of the Ministry of labour and employment, trade union leaders and representatives of employers.

In March 2013, the Ministry of public service issued a notice to adjust the salary and salary system of the former civil servants from 12 levels and 114 levels to 13 grades, 81 levels, and wages increased by 9% or even 81%.

The government has implemented the civil service wage adjustment plan since April 1st.

Lailu minister said in his speech that the Chinese funded enterprises in Lai played a positive role in promoting employment, increasing taxes and improving the investment environment, and thanked China for its strong support for economic and social development in the long term. He hoped to further strengthen ties with Chinese enterprises and learn useful experience in the fields of employment and social security.

(1) my experience in labor management in Chinese funded enterprises in Lai

The management of local employees in the Chinese funded enterprises is basically carried out in accordance with the labor law, and a specific and effective management system is formulated on the basis of relevant local laws to protect the legitimate rights and interests of our enterprises and employees.

Employee selection: collecting local people's biographical vitae, and selecting those who meet the requirements and voluntarily comply with the rules and regulations according to the actual work demand plan, abide by the labor discipline and safety regulations, health regulations, maintain their due professional ethics and improve their working skills.

The information submitted by the applicant: the recommendation letter from the former employer or the certified work certificate; my academic certificate related to the job requirement; photocopy of my identity card (passport, voter card); my resume.

Employee recruitment: after work requirements and qualification tests, the qualified person is arranged by the enterprise organization to the local hospital for physical examination or physical examination, and the labor contract is signed.

Put an end to illegal employment.

Pre employment training for employees: take part in induction training, safety and health training before going to work, and the employee himself signs the training result.

Employee contract period: the new employee employs a fixed term contract which is usually three months' contract period, or a contract for a specific job.

After the expiration of the contract, the renewal of the contract or the renewal of the contract will automatically terminate the labor contract and notify the employee in advance.

Establishment and preservation of employee's personal files: photocopy of notarization of employee's passport or voter's certificate; labor contract; basic information; certificate related to employee's work.

Employee attendance, leave, pay, pfer, job change, welfare, overtime and salary increase: according to the prescribed procedures.

Reward and punishment for employees: rewards include mental encouragement, one-time cash reward, salary promotion, etc.

Penalties include warnings, downtime, demotion, dismissal, and compensation for damages.

Termination and termination of employment contract: employee resignation should be sent to the employer ahead of time.