Lesotho is a small nation, a former British protectorate, entirely surrounded by the country of South Africa. It has a population of around 2 million and its capital and largest city is Maseru, and the official language is Sesotho. It is located entirely above 1,000 meters in elevation which lends itself to a cool climate throughout the year. It often undergoes droughts given its widely variable rainfall. These droughts also lead to migration to more urban areas and immigration to South Africa for new opportunities. Lesotho is economically integrated with South Africa, given its location, and is primarily based on agriculture, livestock, manufacturing and mining, while also depending heavily on money coming back into the country from workers’ remittances from jobs in South Africa.
In Lesotho, employment contracts made for an indefinite term are considered permanent. Such contracts can be terminated by either party, subject to the provisions of the Labour Code concerning dismissal and notice of termination. Such employees are also entitled to payment in lieu of notice and protected against unfair dismissal.
Employment contracts can be made in writing in Lesotho. Contracts made for service in a foreign nation must be made in writing, signed by both parties and attested. A contract of foreign service must contain all particulars necessary to define the rights and obligations of the parties thereto, such as identification of both parties, nature of employment, wages, duration of employment, etc.
Lesotho's new Labor Act of 2024 defines casual employees as "those who are engaged for a period not exceeding 4 weeks or employed on an occasional and intermittent basis." Such employees do not have the right to bring a claim for unfair dismissal.
According to the Code of Good Practices, temporary employees can be hired to replace temporarily disabled employees who are unable to work for a long term.
Per Lesotho's Labour Code, an employee can initially be employed for a probationary period not exceeding 4 months. At any time during the continuance of the probationary period or immediately at its end, the employee may be dismissed with 1 week's notice. The probationary period can be extended beyond a period of 4 months only with the approval in writing of the Labour Commissioner. The probationary period must be clearly mentioned in the employment contract.
If at any stage during the probation period, the employer is concerned that the employee is not performing to standard or may not be suitable for the position, the employer must notify the employee of that concern and give the employee an opportunity to respond. The employer can dismiss the employee after informing and giving them reasonable time to improve performance or conduct.
If a probationary employee is dismissed for any reason other than their performance or conduct, normal rules of fair dismissal apply. A probationary employee is entitled to be represented by a fellow employee or workplace union representative. Those under probation do not have a right to bring a claim for unfair dismissal.
Normal working hours are 45 hours per week in Lesotho, 9 hours a day for those working 5 days a week, and 8 hours of work on 5 days and 5 hours of work on 1 day for those working 6 days a week. No employee shall be required to work continuously for more than 5 hours without being given a rest period from work of no less than 1 hour. The limitations on ordinary working hours and hours of overtime do not apply when it is necessary to perform urgent work to remedy any breakdown of machinery and plant or in case of an emergency. No person under the age of 16 years shall be required or permitted to work for more than 4 consecutive hours without a break of at least 1 hour, or for more than 8 hours in a day.
All employees are entitled to a rest break of 1 hour after working continuously for 5 hours. Employers must maintain proper facilities for employees to take their meals, which must include tables and chairs or benches with backrests. Employees shall be allowed at least 2 35-minute rest periods during any given 12-hour shift.
All employees to 1 working day's leave on full pay in respect of each month of continuous employment with the same employer. An employee is entitled in each year to a minimum of 12 working days' holiday on full pay.
Employees must take at least six working days as a continuous holiday in the year the holiday is due. When employees are entitled to more paid annual leave than the statutory leave, they are allowed to carry over a maximum of 18 days' leave to the next year. Employees can request their employers to receive a cash payment in lieu to taking no more than six days of statutory annual leave.
Any employee whose employment has terminated after at least 3 months of continuous work with the same employer shall be entitled to be paid 1 day's full pay in respect of each completed month of employment for which the employee has earned but not taken a holiday with full pay.
Employees in Lesotho are entitled to paid sick leave after 6 months' continuous employment with the same employer. During the first 6 months of employment, any absence owing to sickness is unpaid. After 12 months' continuous employment with the same employer, an employee shall be entitled to sick leave on full pay for up to 12 days and thereafter to sick leave on half pay for up to 24 days in each period of 12 months' continuous employment. Sick leave entitlements cannot be carried forward from one year to another.
Employees have to present a medical certificate indicating their incapacity, signed by a registered medical practitioner. In the case of sick leave exceeding 6 working days, employers may require their employees to be examined by another registered medical practitioner, with the examination and any travel expenses to be borne by the employer.
In Lesotho, pregnant employees are entitled to 7 weeks' maternity leave before and 7 weeks' leave after the date of delivery. They must give notice of their anticipated date of delivery to their employers. Within 21 days immediately after her delivery, a female employee shall deliver to her employer a written certificate signed by a medical officer or a registered nurse and midwife certifying the delivery date. The maternity leave can be extended by 8 weeks in case of medical complications. They are also entitled to a 3-week leave in case of a stillbirth.
There is no obligation on employers to pay wages during maternity leave, but employers can choose to pay benefits under an employment contract. However, under an amendment effective March 2025, employees in the Textile, Clothing, and Leather Manufacturing sector who have completed 1 year of continuous service with the same employer are entitled to 6 weeks of paid maternity leave. This entitlement is limited to a maximum of 2 confinements with the same employer.
Any dismissal of any employee that takes effect during her statutory maternity leave shall automatically be an unfair dismissal. An employer who knowingly permits or requires any female employee to perform any work during her period of statutory maternity leave shall be guilty of an offense and liable to a fine or to three months' imprisonment or both.
As per the new Labor Act of Lesotho, employees are entitled to 14 days' paternity leave upon the birth of their child. There are no clear provisions of payment of salary during paternity leave.
For indefinite term contracts, either party can terminate a contract of employment by giving notice as follows:
When the employee has been continuously employed for 1 year or more – 1 month
When the employee has been continuously employed for more than 6 months but less than 1 year – 15 days
When the employee has been continuously employed for less than 6 months – 1 week
Employers and employees can agree to a contract with longer notice periods. Notice to terminate a contract must be in writing. The day on which the notice is given is not included in the period of notice.
In Lesotho, employees who have completed more than 1 year of continuous service with the same employer shall be entitled to receive, upon termination of their services, a severance payment equivalent to 2 weeks' wages for each completed year of continuous service with the employer. Employees who have been fairly dismissed for misconduct are not entitled to a severance payment.
If an employer offers a separation benefit plan that provides better benefits than the statutory severance benefit, they must choose to pay the more advantageous benefit instead of severance pay. An employee cannot claim both severance pay and the separation benefit, unless the employer agrees to pay both.
An employer who fails to provide severance benefits to an employee commits an offense and is liable, on conviction, to a fine not exceeding LSL 5,000 (Lesotho Loti) or imprisonment for a period not exceeding 30 months.
