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  ACCESS TO MARKET   ENVIRONMENT FOR BUSINESS   COMPETIVENESS BUSINESS COSTS   INVESTMENT FACILITATION
Why Invest In Lesotho - Competitive Business Costs
1.3.1. Labour Laws, Rates & Basic Conditions of Employment

The Ministry of Employment and Labour is Ministry responsible for formulating and implementing labour market policies. The Ministry has an inspectorate that is responsible for ensuring compliance with the country’s labour laws; the Ministry is also responsible for issuing work permits.
Ministry of Labour & Employment
Post : Private Bag A116, Maseru 100
Tel : Ministry +266 22322602
Tel : Labour Commissioner +266 22322181
Fax : +266 22325163
E-mail : Labour Commissioner: labcom@leo.co.ls
Web : psemployment@lesotho.com

The Government set the minimum wage for worker in different sectors. The current list can be found in Table X.

The labour laws are conducive to supporting an industrialized workforce. The basic conditions of employment can be found in Table Y.

Table X: MINIMUM WAGES 1 October 2006 – 30 September 2007

Ref Sector Monthly Wage
(Maloti)
 
Weekly Wage
(Maloti)
 
Daily Wage
(Maloti)
 
  Clothing, Textile & Leather Manufacturing 660.00 164.00 35.00
A.1. Textile General Worker 660.00 164.00 35.00
A.2. Textile Machine Operator – Trainee 710.00 177.00 37.00
A.3. Textile Machine Operator – Trained      
  Construction      
B.1. Construction worker 818.00 205.00 43.00
B.2.  Construction machine operator 1 442.00 341.00 78.00
  Wholesale & Retail      
C.1. Retailers (excl. small business) : mini-supermarket, bakery, cafes, filling station 810.00 202.00 43.00
C.2. Wholesaler, supermarket, furniture shop 830.00 207.00 44.00
  Hospitality Sector      
D.1. Restaurants, caterers, guest houses 800.00 200.00 42.00
D.2. Hotels, motel, lodge 840.00 215.00 44.00
  Service Sector      
E.1. Security guard – trainee 800.00 200.00 42.00
E.2. Security guard – trained 982.00 245.00 52.00
  Transport Sector      
F.1 B/EB/C1 (with <12 months service with same

C/EC1      employer)

EC

909.00

1030.00

1274.00

225.00

249.00

319.00

55.00

62.00

79.00

F.2. B/EB/C1 (with >12 months service with same

C/EC1      employer)

EC

940.00

1030.00

1318.00

235.00

258.00

330.00

58.00

62.00

82.00

F.3. Certified auto-electrician, motor mechanic, panel beater 1442.00 341.00 78.00
G. Small Business      
  <12 months service 480.00 119.00 25.00
  >12 months service 490.00 122.00 26.00
  General Minimum Wage      
H.1. <12 months service with same employer 686.00 172.00 38.00
IH2. >12 months service with same employer 697.00 175.00 39.00
I. General Minimum Wage      
  <12 months service with same employer 686.00 172.00 38.00
  >12 months service with same employer 697.00 175.00 39.00

Source: Labour Code Wages Order 2006 (Legal Notice No. 165; Govt. Gazette Supplement 2 to Gazette 49 of of 29th September 2006.

Wage Rate Notes: Selected Definitions

“textile general worker” means a person employed in the clothing, textile and leather manufacturing sector doing all manner of tasks other than machine operator;”

“textile machine operator-trained” means a person who operates machinery within the clothing, textile and leather manufacturing sector and who has completed more than six months within the industry or who has been certified as such. It also includes a person who operates standard or specialised single or multiple needle sewing machine in garments, glove and miscellaneous products in textile and kindred material including shoe sewing;”

“textile machine operator-trainee” means a person who is a machine operator in clothing, textile and leather manufacturing sector but who has not completed six months within the industry or who has not been certified as such;”

“general minimum wage” applies to any person employed in any other sector other than those that appear herein;” [i.e. a person not engaged in a small business; in the textile, clothing & leather manufacturing; in construction; in the wholesale & retail sector; in the hospitality sector; in the service sector; and, in the transport sector]

Table Y: Lesotho’s Basic Conditions of Employment

Issue Summary Labour Code Ref.
     
Core    
- discrimination Prohibited : concerning race, colour, sex, marital status, religion, political opinion, national extraction s5; s200
- freedom association Employers & employees allowed to join trade union and/or employer organisation of their own choice s6
- forced labour Prohibited s3; s7
- child labour Illegal to employ anyone under age of 15. Certain limitations on employment of young persons (under 18) s3; s124 – 129
Wages    
-  Normal Minimum wages: i. trainee general worker M643.00 per month; ii. trained textile machine operator M686.00 per month;  iii. Trainee textile machine operator M643.00 per month  [wef :1 Oct. 2005] Labour Code Wages Order 2005
- overtime rates 2 weeks pay for each year of completed service with same employer. Benefit not paid when worker is fairly dismissed for misconduct. Terminal benefits paid include pro-rata leave & notice pay s118
- termination benefits 2 weeks pay for each year of completed service with same employer. Benefit not paid when worker is fairly dismissed for misconduct. Terminal benefits paid include pro-rata leave & notice pay s79
Working Hours    
- normal 45 hours per week (maximum for 5 day a week worker is 9hrs per day; maximum for 6 day a week worker is 8hrs per day for 5 days, and 5 hours on 1 day) s117 – 118
- overtime Maximum overtime allowed 11 hours per week. Exemptions under special circumstances. s118
- night work Allowed. Payment set by firm & employee/union agreement; failing which rates set by Minister
Employers required to provide (but reasonable cost can be charged to worker) transport to and from work (to the nearest place within 10km radius of the employees’ place of employment) for workers working between 8 p.m. and 5 a.m.
s3; s130 – 131
Leave    
- annual 12 days paid leave (i.e. 1 days paid leave for each month of service with the same employer) s120
- pubic holidays 11 paid days per annum. Public holidays on falling on Sunday do not carry over to Monday s121
- sick 1st 6 months of employment all sick leave unpaid
2nd 6 months of employment with same employer (12 days paid leave)
After 1 year with same employer 12 days sick leave on full pay; thereafter sick leave for up to 24 days (on half pay) for each period of 12 months continuous service
s123
- maternity 6 weeks prior to birth; and 6 weeks after birth. Employees with 1years continuous service with the same employer shall be paid 2 weeks maternity pay limited to two confinements
Employers & employees to agree on paid 1 hour per day baby feeding arrangements for 6 months
s119(5); s133 – 137
Labour Code wages Order 2005
 
- educational leave Employees allowed reasonable paid time-off for training (incl. shop-steward training) s122
Probation    
- probation Probation is for a period not exceeding 4 months S75
General    
Other No training levy(firms earning DCC to contribute 3% of payroll for training); no annual bonus, medical or retirement fund contributions; employers must take out an insurance policy to cover injuries arising out of industrial accidents (about0.3% of payroll); wages can be paid by electronic transfer  

1.3.2. Basic Utility and Service Costs

Lesotho offers businesses competitive rates for electricity, water and sewerage.

Lesotho Electricity Corporation (LEC)
Physical Address: 53 Moshoeshoe Road, Industrial Area Maseru, Lesotho
Postal Address: PO Box 423, Maseru 100, Lesotho
Tel : +266 22 312 236
Toll free : 800 22000 (local)
Fax : +266 22 310 093
E-mail : Info@lec.co.ls
Web : www.lec.co.ls

The following are the electricity tariffs (with effect from 1 January 2006 – increases come into effect on 1 January of each year)

USAGE TARIFF
(Maloti)
MAXIMUM DEMAND CUSTOMERS
NOTE
Commercial LV
  • Demand (kW)
  • energy charge (kWh)
     
 

133.3000
0.0819

  •  for consumers using electricity entirely/predominantly for purposes other than industrial purposes, regularly having a maximum demand usage of 50kW measured in any 30 minute period in the course of a meter reading period
  • a demand charge per kW of the maximum demand for each meter reading period, with a minimum charge of M1 593.46 per month
  • energy charge for all units consumed
Commercial MV
  • Demand (kW)
     
  • energy charge
     
 

132.6000

0.0740

  • for major non-industrial consumers wanting medium voltage. Costs of metering equipment to be borne by consumer
  • a demand charge per kW for all kW of the maximum demand for each meter reading period, with a minimum charge of M1 593.46 per month
  • energy charge for all units consumed
Industrial LV
  • demand (kW)
  • energy charge (kWh)
     
 

133.3000
0.0819

  • for consumers using electricity for industrial purposes who regularly have a maximum demand in excess of 25kW measured in any 30 minute period during the course of a meter reading period
  • a demand charge per kW for all the kW of the maximum demand for each meter reading period, with a minimum charge of M1 274.70 per month
  • energy charge for all units consumed
Industrial MV
  • demand
  • energy charge (kWh)
     
 

132.6000 
0.0740
 

  • for major industrial consumers wanting high voltage. All high voltage metering equipment must be born by consumers
  • a demand charge per kW for all kW of the maximum demand for each meter reading period, with a minimum charge of M1 274.70 per month
  • energy charge for all units consumed
  NOTE :
  • LEC encourages consumers to install “power factor correction equipment” to reduce costs.
  • Additional 5% VAT applies to all bills.

The supply of water is the responsibility of the Water and Sewerage Authority (WASA) and the following charges currently apply for industrial use:

Lesotho Water & Sewage Tariffs From 1 April 2006

Connection Fee M100.00

Returned to sewers: WASA assumes that water returned to sewers is 85% of kilolitres billed. However, wet industries receive special treatment through the concessionary Waste water Tariffs for Wet Industries Notice 2000 which applies the following costs:

Water and Sewage Authority
Physical Address:
Postal Address: P O Box 426, MASERU 100, Lesotho
Tel: +266 - 22312449
Fax: +266 - 22310006

Untreated effluent: M1.07 per kilolitre
   
Treated effluent: M0.50 per kilolitre for the first year of operation
and M0.63 per kilolitre for subsequent years

Standing Charge (For all customers) M2.95 (nominal account administration fee)
   
Domestic Customers – Water Band Rates
A. 0 to 5 Kilolitres M1.95 per 1 000 litres
B. 6 to 10 Kilolitres M3.25 per 1 000 litres
C. 11 to 23 Kilolitres M5.79 per 1 000 litres
D. above 23 Kilolitres M8.00 per 1 000 litres

Non Domestic customers- Water

All consumption M4.66 per 1 000 litres

WASA classifies any industry that utilises 2,000 (two thousand) kilolitres per day as a wet industry.
Factories requiring large volumes of non-potable water may be able to source water directly at a much lower cost.

All types of customers – Sewerage / Industrial Waste Water
Sewerage is charged M3.40 for 85% of water consumed (plus VAT)
 

 
 
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