====== Malawi ======

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

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

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^ Indicator ^ Data ^
| **Governance (IIAG)** | Overall Governance score: 55.2 / 100 · Rank: 19th / 54 · [[https://iiag.online/locations/mw.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 ====

  * COMESA  
  * 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 ====

Malawi operates a **common law legal system** influenced by English law.

(Content to be added: ILO membership year and Decent Work Country Programme details)

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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:

  * **Employment Act (Cap 55:01, 2000; amended 2021/2014 references)**  
  * **Labour Relations Act (1996)**  
  * **Occupational Safety, Health and Welfare Act (1997)**  

**Key feature: Broad definition of employee**

Section 3 of the Employment Act defines an employee to include:

  * Persons engaged under oral or written contracts  
  * Individuals in **economically dependent relationships**  
  * Workers performing duties more characteristic of employees than independent contractors  

This definition potentially extends protection to:

  * Informal workers  
  * Sharecroppers  
  * Dependent self-employed persons  

even in the absence of formal contracts.

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

Malawi relies on a **combination of broad labour law definitions and institutional support structures**.

Notably:

  * Legal frameworks indirectly extend protection through inclusive definitions of employment  
  * Informal sector organisation plays a role in representation and advocacy  

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

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==== Domestic Work Sector ====

(Content to be added)

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==== Street Vendor ====

  * **Malawi Union for Informal Sector (MUFIS)**  
    * [[https://mufismw.com/|https://mufismw.com/]]  

MUFIS represents informal workers, including street vendors, and plays a role in:

  * Advocacy  
  * Organisation  
  * Engagement with policy processes  

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==== Waste Reclaiming ====

  * **Labour Relations Act (1996)**  
  * **Occupational Safety, Health and Welfare Act (1997)**  

These laws provide general protections relevant to working conditions and occupational safety.

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==== Home working ====

(Content to be added)

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

(Content to be added)

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==== Farm Work ====

  * **Employment Act (2000; amended 2021)**  
  * **Labour Relations Act (1996)**  
  * **Occupational Safety, Health and Welfare Act (1997)**  

These frameworks regulate employment relationships and working conditions in agriculture.

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

  * **Mines and Minerals Act (2019)**  
  * **Occupational Safety, Health and Welfare Act (1997)**  

These regulate mining activities and worker safety, including small-scale and informal mining operations.

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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 ====

  * **SADC Gender Protocol**  

Provides a regional framework supporting:

  * Gender equality  
  * Economic participation across borders  

Cross-border informal trade remains a significant livelihood activity.

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

  * IIAG – Malawi: https://iiag.online/locations/mw.html  
  * Employment Act (Cap 55:01)  
  * Labour Relations Act (1996)  
  * Occupational Safety, Health and Welfare Act (1997)  
  * Mines and Minerals Act (2019)  
  * MUFIS: https://mufismw.com/  
  * SADC Gender Protocol