Working Hours & Leave - Lesotho

Legal Working Hours in Lesotho

The employment laws of Lesotho, primarily governed by the Labour Code Order 1992 (as amended), establish clear parameters for standard working hours. The maximum ordinary working hours are set at 45 hours per week for most employees in the private and public sectors.

These 45 hours are typically distributed across five or six working days, though the specific distribution may be agreed upon between employer and employee. The Labour Code does not prescribe a specific daily maximum, allowing flexibility in scheduling provided the weekly limit is not exceeded.

• Standard working week: 45 hours maximum
• Working days: Typically Monday to Friday, though may vary by agreement
• Daily hours: Flexible distribution, but must not create excessive fatigue
• Rest periods: Employees are entitled to reasonable meal and rest breaks during the working day
• Night work: Subject to additional protections and restrictions

Employers are required to maintain records of hours worked by employees. These records should be kept for a minimum period and made available for inspection by labour authorities and employees upon request.

Overtime Regulations and Compensation

Work performed beyond the standard 45 hours per week is classified as overtime and must be compensated at rates higher than ordinary wages. Overtime is not unlimited and must be reasonable in extent.

Overtime Pay Rate

Employees are entitled to at least 1.5 times (150%) their ordinary rate of wages for overtime hours. Some agreements and sectors may provide for higher rates, such as double time (200%) for overtime on public holidays or rest days.

Overtime Conditions

Overtime must be necessary and reasonable. Employers cannot arbitrarily require employees to work extended hours. Overtime should generally not result in an employee working more than 10 additional hours per week without agreement.

Voluntary Nature

While employers may request overtime, employees cannot be dismissed for refusing reasonable overtime requests, though they must be mindful of employment contracts that may contain overtime clauses.

Compensation for overtime must be paid in cash or, by agreement, as time off in lieu at the appropriate overtime rate. However, the payment of cash is the standard practice and preferred method of compensation.

Paid Leave Entitlements

Lesotho's Labour Code provides employees with several categories of paid leave to which they are legally entitled. These are distinct from unpaid leave or leave without pay.

Annual Leave

All employees in Lesotho are entitled to annual paid leave (also referred to as vacation or holiday leave). The minimum entitlement is two working days per month of employment, which equates to a minimum of 24 working days per year for a full-time employee working five days per week.

• Accrual rate: 2 working days per month
• Minimum annual entitlement: 24 working days (5-day week)
• Carryover: Unused leave may be carried over to the following year by agreement, though employers may limit accumulated leave
• Payment: Must be paid at the employee's ordinary rate of wages
• Timing: Annual leave should be taken during the employment relationship; if terminated, unused leave must be paid out

Employees and employers should agree on the timing of annual leave, though if no agreement is reached, the employer may designate when leave is taken. Leave should not be denied unreasonably and should be distributed to allow employees adequate rest periods.

Sick Leave

Employees are entitled to paid sick leave when unable to work due to illness or injury. The statutory provision allows for two days per month of paid sick leave, accumulating to 24 days per year.

• Accrual: 2 working days per month
• Annual provision: 24 working days
• Medical evidence: Employers may require a medical certificate for absences exceeding three consecutive days
• Payment: Full wages during the period of sick leave
• Carryover: Unused sick leave typically does not carry forward to the next year in full, though some provisions may allow partial accumulation

Employees must notify their employer as soon as practicable when taking sick leave. Failure to do so without reasonable cause may result in disciplinary action, though the employee's entitlement to the leave itself is not forfeited.

Other Paid Leave Entitlements

Family Responsibility Leave

Employees may be entitled to three days per year for family responsibilities, such as the death of a family member or care of a seriously ill child. The definition of "family member" typically includes spouse, children, parents, and siblings.

Maternity Leave

Female employees are entitled to maternity leave. The statutory minimum is 12 weeks: four weeks before the expected delivery date and eight weeks after. During this period, employees receive maternity benefit as provided by social security legislation or their employment contract, whichever is more favorable.

Paternity Leave

While not universally mandated by statute, some employers in Lesotho provide paternity leave or parental leave by agreement or company policy. This is an emerging entitlement being recognized in progressive employment practices.

Study Leave

Employees pursuing approved educational qualifications may be entitled to study leave, typically unpaid or partially paid, depending on the agreement with the employer.

Public Holidays in Lesotho

Lesotho recognizes a number of public holidays during which most employees are not required to work. Work performed on public holidays must be compensated at special rates.

When a public holiday falls on a Sunday, the following Monday is typically observed as a substitute holiday. Employees who do not work on public holidays are entitled to their ordinary wages for that day.

Work Performed on Public Holidays

If an employer requires an employee to work on a public holiday, special compensation must be provided:

• Double pay (200%): Employees working on public holidays typically receive at least double their ordinary wage for the hours worked
• Alternative rest day: The employee may be granted an alternative day off in lieu of the public holiday, often in addition to the double pay
• Essential services: Certain sectors (healthcare, security, utilities) may have different arrangements due to operational necessity
• Agreement required: Employment contracts should clearly specify the terms for public holiday work, including any additional compensation or time off arrangements

Rest Days and Weekly Rest Periods

Employees are entitled to at least one day of rest per week, typically Sunday or Saturday, depending on the employer's operational schedule and sectoral norms. This rest day should be continuous and uninterrupted where possible.

Additionally, employees must be granted reasonable breaks during the working day for meals and rest. For a standard eight-hour day, a lunch break of at least one hour is customary, though shorter breaks may be appropriate depending on the nature of work.

Special Provisions and Considerations

Certain categories of workers have enhanced protections regarding working hours and leave:

• Young workers: Employees under 18 years have restrictions on working hours and night work to protect their health and development
• Pregnant workers: Pregnant employees cannot be required to work during late stages of pregnancy and are entitled to safe working conditions
• Shift workers: Employees on rotating or night shift schedules have additional protections, including compensatory rest and health monitoring
• Domestic workers: While entitled to similar leave, domestic workers have specific provisions regarding accommodation, meals, and rest periods

Leave Payout Upon Termination

When an employment relationship ends, whether through resignation, dismissal, or expiration of contract, the employer must pay the employee for all accrued and unused leave entitlements in cash. This includes:

• Accrued annual leave
• Any lieu time not yet taken
• Gratuity or severance as provided by law or contract

The leave payout must be calculated at the employee's ordinary rate of wages at the time of termination and paid promptly as part of the final settlement.

Record Keeping and Compliance

Employers in Lesotho are required to maintain accurate records of:

• Hours worked by each employee
• Overtime hours and compensation paid
• Leave taken (annual, sick, and other forms)
• Public holidays and work on such days
• Payroll records linking wages to hours worked

These records must be made available for inspection by employees and labour inspectors. Failure to maintain proper records may result in penalties and legal liability for wage disputes.