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

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• SADC

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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.

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.

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

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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• Environment Act, 2008
• Integrated Strategy on Waste Management

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

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.

• 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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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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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.

• 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