Malawi

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

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• COMESA
• SADC

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

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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.

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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• Malawi Union for Informal Sector (MUFIS)
  • https://mufismw.com/

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

• Advocacy
• Organisation
• Engagement with policy processes

• 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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• 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.

• 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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• SADC Gender Protocol

Provides a regional framework supporting:

• Gender equality
• Economic participation across borders

Cross-border informal trade remains a significant livelihood activity.

• 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