Search statutes, citations, and provisions

Provision text match · Malawi · en

Labour Relations Act

Act 16 of 1996

Interpretation

ement between an employer , or an employers’ organization authorized by the employer , and a trade union concerning terms and conditions of employment and any other matter of mutual interest; “ Council ” means the Tripartite Labour Advisory Council appointed under section 55 ; “ employee ” means— (a) a person who offers his or her services under an oral or w

Topics: ILO matters, act title, allowances, amalgamation

Provision text match · Malawi · en

Employment Act

Act 6 of 2000

Termination of contracts

28. Termination of contracts (1) Subject to sections 29 and 57 , a contract of employment for an unspecified period of time may be terminated by either party. (2) A contract of employment for a specified period of time shall automatically terminate on the date specified for its termination and, unless it is expressly or tacitly renewed or prolonged, no notic

Topics: annual leave, annual reporting, asset sale, child labour

Provision text match · Malawi · en

Pension Act

Act 6 of 2011

Objectives of the Act

4. Objectives of the Act The objectives of this Act are to— (a) ensure that every employer to which this Act applies provides pension for every person employed by that employer ; (b) ensure that every employee in Malawi receives retirement and supplementary benefits as and when due; (c) promote the safety, soundness and prudent management of pension funds th

Topics: actuarial valuation, administration, administrative penalties, advice

Provision text match · Malawi · en

HIV and AIDS (Prevention and Management) Act, 2017

Act 9 of 2018

Prohibition of termination of employment on grounds of HIV or AIDS

27. Prohibition of termination of employment on grounds of HIV or AIDS (1) An employer shall not terminate the employment of an of employee solely on the ground that the employee is living with HIV or is perceived to be living with HIV : Provided that where the capacity of an employee to discharge his duties is affected by reason of poor health, the general

Topics: HIV and AIDS, HIV and AIDS information, HIV disclosure, HIV risk minimization

Provision text match · Malawi · en

Higher Education Students’ Loans and Grants Act

Act 2 of 2015

Responsibilities of an employer

loan beneficiary to— (a) demand every employee to declare whether they have a student loan ; (b) notify the Board within thirty days of the employment of a loan beneficiary ; (c) ensure that the employee arranges with the employer for the monthly deduction and remittance of repayment installments to the Board in accordance with this Act; (d) ensure that mont

Topics: annual estimates, application process, appointment, appointments

Provision text match · Malawi · en

Technical, Entrepreneurial and Vocational Education and Training Act

Act 6 of 1999

Technical Entrepreneurial and Vocational Education and Training Payroll-Levy

20. Technical Entrepreneurial and Vocational Education and Training Payroll-Levy (1) Subject to the provisions of this Part, there shall be charged and levied on every employer, and payable into the Fund , at the beginning of every year, a payroll- levy to be known as the Technical, Entrepreneurial and Vocational Education and Training Payroll-Levy (in this

Topics: annual audit, annual reporting, appointment, appointments

Provision text match · Malawi · en

Nurses and Midwives Act

Act 16 of 1995

Employment of unregistered or unlicensed persons

72. Employment of unregistered or unlicensed persons Any employer who engages a nurse or nursing technician who is not registered or licensed under this Act shall be guilty of an offence and liable to a fine of K2,000 and to imprisonment for one year.

Topics: address notification, advice to minister, annual audit, appeals

Provision text match · Malawi · en

Financial Cooperatives Act

Act 8 of 2011

Employer or agent to deduct and remit

62. Employer or agent to deduct and remit (1) An employer or agent of a SACCO member shall, on being so requested in writing by the member, make deductions from the member’s earnings and remit the deducted amount to the SACCO which the member directs, within fourteen days after the end of the month in which the deductions are made. (2) Any principal officer

Topics: SACCO by-laws, SACCO governance, SACCO regulation, SACCO remittances

Provision text match · Malawi · en

Prisons Act

Act 9 of 1955

Employment of convicted prisoners

75. Employment of convicted prisoners (1) Subject to subsection (2), every prisoner under sentence of imprisonment may be kept to labour within or without the precincts of any prison in any part of Malawi and in any employment that may be approved by the Minister. (2) Female prisoners shall not be employed outside a prison except on the recommendation of a m

Topics: accountability, anti-bribery, appointments, arrest

Provision text match · Malawi · en

Deceased Estates (Wills, Inheritance and Protection) Act

Act 14 of 2011

Payment of salary or wages by employers

79. Payment of salary or wages by employers (1) Notwithstanding any of the other provisions of this Act, where a person was employed at the date of his or her death, his or her employer shall immediately pay directly to the surviving spouse or in the absence of a surviving spouse to the senior and responsible member of the deceased person’s family known to b

Topics: administration grant, administration of estates, administration powers, administrator powers

Provision text match · Malawi · en

Taxation Act

Act 46 of 1963

Income— payments for services*

hall include any amount received or accrued in respect of services rendered or to be rendered whether due and payable under any contract of employment or service or not including any contract gratuity. (2) For the purposes of this section— “contract gratuity” means a gratuity paid under a written contract of employment upon expiry, termination, renewal or ex

Topics: administration, appeals, assessable income, asset conversion

Provision text match · Malawi · en

National Service Act

Act 15 of 1951

Appeals against obligation to serve

9. Appeals against obligation to serve (1) A person upon whom a duty notice has been served, or his employer (if any), may within 14 days of the date of receipt of the notice appeal to the Tribunal against the obligation to perform full or part time service under this Act. (2) Pending the hearing of the appeal the duty notice shall be of no effect.

Topics: age-based exemption, compliance, employee protection, employee records

Provision text match · Malawi · en

Value Added Tax Act

Act 7 of 2005

Supply of services

ituation or refraining from the doing of any activity. (2) A supply of services made by an employee to his or her employer by reason of the employment is not a supply made by the employee. [Please note: numbering as in original.]

Topics: VAT, VAT administration, VAT apportionment, VAT assessment

Provision text match · Malawi · en

Real Estate Management Act, 2024

Act 28 of 2024

Exempted real estate transactions

to a real estate transaction in which a person— (a) acts personally, or an employee acts on behalf of the employer in the regular course of employment, to acquire, lease or rent real estate for the use or investment of that person or employer; (b) acts as an attorney for another under a valid power of attorney for the purposes of negotiating or executing con

Topics: administrative sanctions, advertising, allowances, annual reporting

Provision text match · Malawi · en

Parliamentary Service Act

Act 35 of 1998

Employment of experts

24. Employment of experts The Commission may engage any person, who in its opinion possesses expert knowledge or is otherwise able to assist it in connexion with the exercise of its functions, to make such inquiries or to conduct such research or to make such report as may be necessary for the efficient carrying out of any of its functions.

Topics: accounting records, allowances, annual reporting, appointments

Provision text match · Malawi · en

Inland Waters Shipping Act

Act 12 of 1995

Employment of young persons

97. Employment of young persons No young person shall— (a) be engaged to work on board a vessel unless he has obtained the consent in writing of his parent or guardian; (b) be employed to work in the engine room of a vessel unless he is an apprentice working under supervision.

Topics: abandoned vessels, accident reporting, administrative replacement, alterations endorsement

Provision text match · Malawi · en

Public Accountants and Auditors Act

Act 5 of 2013

Exemptions

m describing himself as an honorary auditor in relation to the preparation of or reporting on such accounts. (2) Any person in the bonafide employment of— (a) a registered chartered accountant in public practice ; or (b) a partnership referred to in subsection (4), shall not be regarded as practising as a chartered accountant in public practice or as holding

Topics: accountancy, accountancy registration, accounting, accounting practice

Provision text match · Malawi · en

Occupational Safety, Health and Welfare Act

Act 21 of 1997

General duties of employees at workplaces

18. General duties of employees at workplaces It shall be the duty of every employee while at a workplace— (a) to take reasonable care for the safety and health of himself and that of other persons who may be affected by his acts or omissions; and (b) as regards any duty or requirement imposed on an employer or any other person by this Act, to co-operate wit

Topics: accident notification, agreement modification, airborne contaminants, appeals

Provision text match · Malawi · en

Penal Code

Act 22 of 1929

Short sentences of imprisonment

be served at stated periods. (2) The conditions required for the purposes of subsection (1) shall be that— (a) the convicted person was in employment at the time of the commission of the offence or that he is or was in employment at the time of conviction; (b) the convicted person would continue to be in such employment if it were not for such conviction an

Topics: age of criminal responsibility, asset forfeiture, business suspension, code interpretation

Provision text match · Malawi · en

Public Health (Corona Virus and COVID-19) (Prevention, Containment and Management) Rules, 2020

Regulation of workplaces

13. Regulation of workplaces An employer and an employee shall, at the workplace, comply with the measures listed in the Fourth Schedule hereto.

Topics: COVID-19 isolation and conduct restrictions, COVID-19 measures, COVID-19 prevention, COVID-19 response