Compensation and Working Time

Overtime Compensation

The working hours of employees are subject to rules stipulated in the Labour Code. Normal working hours are 45 hours a week in a five or six-day reference period.

• In a 05-day workweek, the daily working hours are 09 hours per day
• In a 06-day workweek, the daily working hours are 08 hours for five days and 05 hours for the sixth day.

If a worker is required to work beyond these normal hours, such additional hours are considered overtime. An employer may request or permit a worker to work up to twelve hours in a single day, with the additional hours classified as overtime.

For overtime work, a supplement is paid in addition to the pay received by the employee for corresponding work during normal working hours. The overtime supplement is at least 25%, i.e., workers are paid 125% of their normal wage for overtime hours.

In certain cases where the nature of the work requires flexibility, the ordinary hours may be calculated monthly, with a maximum of 195 ordinary hours and a total cap of 260 hours in a month, including overtime.

This means that the general limit for overtime work is set at a maximum of 65 hours per month and 15 hours per week.

Source: §186 of the Labour Act, 2024 (Act No. 3 of 2024)

Night Work Compensation

The 2024 Lesotho Labour Act does not clearly define the terms “night” and “night worker”. It does, however, require employers to provide transport to and from the workplace to the workers during the hours of 7 pm and 5 am during autumn and winter (8 pm and 6 am during summer months).

A person cannot be employed for night work unless:

• they are fit for the job and have undergone a health assessment at the employer's expense.
• Night workers must be granted reduced working hours without any loss of earnings or, alternatively, receive extra pay for their night work.

The extra pay must be at least one and a quarter time (125%) their normal rate or as determined by a collective agreement. If no agreement exists, the Minister may set the rate after consulting with representatives of employers and workers.

Source: §203-204 of the Labour Act, 2024 (Act No. 3 of 2024)

Compensatory Holidays / Rest Days

The rules on compensatory rest days for working on a weekly rest day or a public holiday are found in the Labour Act.

The law does not prohibit working on a weekly rest day or public holiday, but, on the other hand, also does not provide any criteria for working on such days.

Compensatory rest is only allowed where the work is done on a public holiday. In case of such work, the employee will be entitled to take another working day off in lieu of working on the public holiday.

Source: §185(2) and 186(8) of the Labour Act, 2024 (Act No. 3 of 2024)

Weekend / Public Holiday Work Compensation

The compensation to be paid for working on weekly rest day/public holiday is 100% i.e. workers are paid 200% of their normal wage rate for working on weekly rest days and/or public holidays.

In the case of public holidays, the parties may agree on a double wage payment for working on a public holiday or get a fully paid compensatory rest day.

Source: § 185 & 186(10) of the Labour Act, 2024 (Act No. 3 of 2024)