According to Malawi's Employment Act, the minimum notice period in respect of fixed-term contracts is 14 calendar days. An indefinite term contract may be terminated by either party after a written notice is provided.
The length of the notice period for an indefinite term contract depends on the wage period. For example, the required notice period is one month for workers who get paid monthly.
Either party can waive its right to notice and can also accept payment in place of notice. Instead of providing notice of termination, an employer can pay an employee a sum equal to the compensation they would have received during the notice period and confer on the employee all other benefits due to them up to the required notice period's expiration.
Foreigners offered employment in Malawi must apply for a Temporary Employment Permit (TEP) before starting employment. The employer is responsible for applying for the permit on behalf of the applicant. The local employer should prove that the skills that the expatriate is bringing are not available in Malawi.
The TEP is valid for a period not exceeding 2 years and is subject to renewal.
Required documents (non-exhaustive) include the following:
Malawi's Employment Act entitles every employee (unless specifically exempted) to a period of annual leave with pay of not less than:
The annual leave is to be taken within 6 months of the date the employee becomes entitled to it. However, the leave may be deferred and accumulated by mutual agreement.
Malawi's Employment Act stipulates that an employee's regular working hours be set out in the employment contract, provided that no employers require or permit any employee (other than certain specifically exempted employees, such as security guards) to work for more than 48 hours during any week, excluding overtime.
An employer may not require or permit an employee to work for more than 6 consecutive days without a rest period of at least 24 consecutive hours, which must be taken on a customary rest day or a day agreed upon between the parties.
Every 3 years, a female employee in Malawi is entitled to at least 8 weeks of fully paid maternity leave provided by the employer. In the event of illness certified by a registered medical practitioner that arises from pregnancy or confinement and affects the employee or her child, the employer may provide additional paid leave as deemed necessary.
Pregnant employees are entitled to reduced working hours or a more flexible schedule. Upon recommendation by a registered practitioner, pregnant shift workers can change to a shift that is better for their health and pregnancy.
If a female employee applies for maternity leave again before the 3-year period expires, the period of absence will be treated as unpaid leave or annual leave if it has not already been taken.
When an employee is on maternity leave, her regular benefits and entitlements, including her contractual rights and seniority accumulation, shall continue uninterrupted. Her period of employment shall not be considered to have been interrupted, reduced, or broken.
The minimum wage for employees in micro-sized or small-sized enterprises in Malawi is MWK 4,846.16 (Malawian kwachas) per day or MWK 126,000.16 per month. The Ministry of Labour also provides minimum wage amounts for other categories of workers, such as domestic workers and cargo truck drivers.
Wages are paid in accordance with the terms of the employment contract, provided that employees whose wages are fixed by the hour, day, or week are paid at least once a week or fortnight, and those with monthly- or yearly-fixed wages at least once a month.
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