Fair Treatment
Equal Pay
Under the Constitution of Malawi, every person has the right to fair and safe labour practices and to fair remuneration. Furthermore, every person will be entitled to fair wages and equal remuneration for work of equal value without distinction or discrimination of any kind, in particular on the basis of gender, disability or race.
Under the Employment Act, every employer is required to pay employees equal remuneration for work of equal value without distinction or discrimination of any kind, in particular, on the basis of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth, marital or other status or family responsibilities.
Source: §31 of the Constitution of Malawi 1994; §6 of the Employment Act (No. 6 of 2000), last amended in 2021
Non-Discrimination
Under the Constitution, discrimination of persons in any form is prohibited, and all persons are, under any law, guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth or other status.
All persons and peoples have a right to development and, therefore, to the enjoyment of economic, social, cultural and political development. Such measures include, among other things, equality of opportunity for all in their access to basic resources, education, health services, food, shelter, employment and infrastructure. In addition, every person has the right to fair remuneration and they will also be entitled to fair wages and equal remuneration for work of equal value without distinction or discrimination of any kind, in particular on the basis of gender, disability or race.
Under the Employment Act, no person will discriminate against any employee or prospective employee on the grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth, marital or other status or family responsibilities in respect of recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment relationship. Discrimination on the grounds of sex is prohibited under the Gender Equality Act.
Employers cannot discriminate and require any person to undergo HIV testing as a recruitment condition. An employer must not terminate the employee who is living with an HIV patient. On violation, the employer is liable to pay 5 Million Malawian Kwacha as a fine and 5 years imprisonment.
The 2012 Disability Act recognizes the work and employment-related rights of persons with disabilities. The law requires that no person may be discriminated against on the basis of disability with regard to matters concerning all forms of employment, including conditions of employment, hiring and restructuring, continuation of employment, career advancement, and safe and healthy working conditions. On contravention of these provisions, the law provides for a fine of K 100,000.
Source: §29-31 of the Constitution of Malawi 1994; §5 of the Employment Act (No. 6 of 2000), last amended in 2021; §4 of the Gender Equality Act 2014; §12-13 of the Disability Act 2012; §26, 27 and 28 of HIV and AIDS (Prevention and Management) Act, 2018 (No. 9 of 2018)
Equal Choice of Profession
The constitution guarantees women the right to full and equal protection by the law, and also the right not to be discriminated against on the basis of their gender or marital status, which includes the right to be accorded the same rights as men in civil law, including equal capacity:
a. to enter into contracts; b. to acquire and maintain rights in property, independently or in association with others, regardless of their marital status;
Furthermore, every person has the right freely to engage in economic activity, to work and to pursue a livelihood and as mentioned earlier, all persons and people have a right to development and, therefore, to the enjoyment of economic, social, cultural and political development and women, children and the disabled in particular are to be given special consideration in the application of this right.
Source: §24 & 29-31 of the Constitution of Malawi 1994
Regulations on Fair Treatment
- Constitution of Malawi 1994
- Employment Act (No. 6 of 2000), last amended in 2010
- Gender Equality Act 2013
