Regulation of Work in Africa

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====== Lesotho ======

**Region:** Southern Africa  
**Regional Economic Communities (REC):** SADC  

→ [[https://iiag.online/locations/ls.html|View IIAG Country Statistics]]

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^ Indicator ^ Data ^
| **Governance (IIAG)** | Overall Governance score: 53.9 / 100 · Rank: 21st / 54 · [[https://iiag.online/locations/ls.html|View IIAG Country Statistics]] |

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===== PART 1 – HIGH-LEVEL COUNTRY MAPPING =====

==== Institutions and Stakeholder Database ====
(To be linked)

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==== REC Membership ====

  * SADC  

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==== Population size and size of the informal economy ====

(Content to be added)

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==== Nature of the legal system and ILO status ====

Lesotho operates a **mixed legal system** combining Roman-Dutch law and customary law.

Lesotho has been a member of the **International Labour Organization (ILO) since 1966** and participates in Decent Work Country Programme initiatives.

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==== Workers’ rights in human rights system, national labour law / social protection and scope of protection ====

Workers’ rights are primarily governed by:

  * **Labour Act (Act No. 3 of 2024)**  

The Act:

  * Applies to both **public and informal sectors** (excluding security agencies)  
  * Provides for:
    * Protection against discrimination  
    * Regulation of employment relationships  
    * Record-keeping obligations for employers  
    * Issuance of certificates of service  
    * Licensing of private employment agencies  

This represents a **broad scope of legal coverage**, including informal workers.

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==== Existing laws, policy and regulatory initiatives for the protection of workers in the informal economy ====

Lesotho adopts a **combined legislative and policy approach**.

**Key frameworks include:**

  * **Labour Act (2024)**  
    * Extends legal protections to informal workers  

  * **National Social Protection Strategy II (2021–2031)**  
    * Aims to expand social protection coverage  

  * **National Financial Inclusion Strategy (2024–2028)**  
    * Promotes access to financial services  
    * Supports informal and gig economy participation  

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===== PART 2 – SECTOR SPECIFIC REGULATION =====

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==== Domestic Work Sector ====

**Labour Act (Act No. 3 of 2024)**  

  * Defines domestic work as work performed in or for a household  
  * Section 6(3):
    * Prohibits discrimination against:
      * Domestic workers  
      * Part-time workers  
      * Migrant workers  
      * Home workers  

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==== Street Vendor ====

(Content to be added)

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==== Waste Reclaiming ====

  * **Environment Act, 2008**  
  * **Integrated Strategy on Waste Management**  

These frameworks regulate environmental and waste-related activities, including informal waste reclaiming.

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==== Home working ====

**Labour Act (2024)**  

  * Section 4:
    * Defines a homeworker as a person working from their own premises for remuneration  

  * Sections 6–7:
    * Prohibit discrimination based on employment type  
    * Extend protection to home-based workers  

The Act explicitly includes home workers within its scope.

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==== Gig Work and the Platform Economy ====

  * **National Financial Inclusion Strategy (2024–2028)**  
    * Promotes digital payments and financial access  

  * **National Social Protection Strategy II (2021–2031)**  

Gig workers:

  * Benefit from financial inclusion initiatives  
  * Are not yet comprehensively regulated under labour law  

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==== Farm Work ====

(Content to be added)

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==== The Mining Sector and Artisanal Mining ====

**Labour Act (2024), Section 186 (Fifth Schedule)**  

  * Regulates working conditions in mining  

Key provisions:

  * Up to **12 hours per day**  
  * Two **35-minute breaks**  
  * Up to **14 consecutive working days**  
  * Mandatory rest period:
    * 4–7 days depending on duration worked  

  * Non-compliance penalties:
    * Minimum fine of **M10,000**  

  * Work during rest days:
    * Requires **double pay**  

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==== Taxi and Transport Sector (Gig-work/platform economy overlap) ====

(Content to be added)

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==== Cross-Border Informal Trade ====

Cross-border trade is influenced by regional and national frameworks.

**Key instruments include:**

  * **SADC Gender Protocol**  
    * Supports gender equality in economic participation  

  * **Labour Act (2024)**  
    * Provides labour protections applicable across sectors  

These frameworks contribute to the broader regulation of informal economic activity, including cross-border trade.

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===== Sources / Links =====

  * IIAG – Lesotho: https://iiag.online/locations/ls.html  
  * Labour Act (Act No. 3 of 2024)  
  * Environment Act, 2008  
  * Integrated Strategy on Waste Management  
  * National Social Protection Strategy II (2021–2031)  
  * National Financial Inclusion Strategy (2024–2028)  
  * SADC Gender Protocol