Trade Unions

Freedom to Join and Form a Union

The Constitution guarantees freedom of association and gives everyone the “right to enjoy their freedom to associate with other persons for ideological, religious, political, economic, labour, social, cultural, recreational and similar purposes”.

The Constitution of Lesotho further commits the State to “take appropriate steps in order to encourage the formation of independent trade unions to protect workers' rights and interests and to promote sound labour relations and fair employment practices”.

The Labour Act reinforces this right by allowing every worker to:

• Form, join a trade union and participate in its lawful activities.
• Be protected from discrimination or dismissal due to trade union participation.
• Register trade unions with the Registrar, with the possibility for two or more unions to form federations.
• Affiliate with international worker or employer organizations.

A young worker from the age of 15 years may join a trade union; however, he/she cannot become a member of the executive committee before attaining the age of 21 years.

Labour Code is applicable to all except the following: Royal Lesotho Defence Force; Royal Lesotho Mounted Police; National Security Force; and Lesotho Correctional Services.

Sources: §16 & 31 of the Constitution of Lesotho 1998; §08, 81, 112 and 140 of the Labour Act, 2024 (Act No. 3 of 2024)

Freedom of Collective Bargaining

The Labour Act expressly stipulates that the employer must bargain in good faith with the trade union.

The trade union representing the employees must be registered under the rules laid down by the Labour Act in order to be eligible for engaging in collective bargaining. Employers are required under the law to bargain in good faith with a representative trade union (a trade union that represents the majority, i.e., more than 50%, of employees in an enterprise).

No information on the length of a collective agreement and its conclusion is found in the Labour Act.

The Labour Act also establishes a Tripartite National Advisory Committee on Labour, which consists of: - 12 representatives each from workers' and employers' groups. - Up to 6 representatives from the government.

The Committee is empowered to advise the Minister on:

• labour policy, any proposed legislation affecting labour,
• employment, industrial relations or working conditions;
• adoption and implementation of international labour standards; consider and advise upon issues addressed by tripartite regional or international conferences; and
• worker compensation issues.

Source: § 11,12 13 & 112 of the Labour Act, 2024 (Act No. 3 of 2024)

Right to Strike

The Constitution has guaranteed the right of freedom of assembly.

The Labour Act defines the term strike as the partial or complete concerted refusal to work, or the retardation or obstruction of work, by a worker for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between an employer and the worker and every reference to work in this definition includes overtime work.

This may involve discontinuing that employment wholly or partially; refusing or failing after any such discontinuance to resume or return to their employment; refusing or failing to accept an engagement for any work in which they were or are usually employed; or in reducing their normal output on their normal rate of work, with the intent to compel the employer to agree to their demands.

The Act distinguishes between two types of labour disputes:

1. Disputes of Rights – Related to the validity, interpretation, or existence of a collective agreement and unfair dismissals. These cannot be resolved through strikes or lockouts and must be settled by: i. The Labour Court (e.g., cases of unfair dismissal for participating in a lawful strike). ii. Voluntary arbitration (for disputes over interpreting collective agreements).
2. Disputes of Interest – Related to general working conditions, wages, or employment terms. Workers must first attempt conciliation and arbitration, and if unresolved, they may opt to go on strike.

A strike is considered lawful if:

• It concerns an unresolved dispute of interest.
• Workers provide 7 days' notice to the employer and the Directorate of Dispute Prevention and Resolution (the government body responsible for resolving such disputes).
• The strike remains peaceful, without acts of hostility against people or property.

In the case of essential services, the Labour Court may give its binding award. Employment of workers is secure during the lawful strike.

Sources: §15 of the Constitution of Lesotho 1998; § 04, 43, 140, 207-211 of the Labour Act, 2024 (Act No. 3 of 2024)