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Several laws have been put in place to protect and promote labour and employment rights in Malawi. These are both local statutes and case law and International law and foreign case law were applicable. 

Local Statutes and Case Law

To mention the local statutes , these include the 1995 Malawi Constitution (hereinafter the Constitution (Click here) which recognizes labour and employment  as enforceable rights as opposed to mere contracts. As such the Constitution promulgates the right to fair and safe labour practices and advocates for remedies such as compensation for violations of the right; the Employment Act 2000 (click here) establishes and regulates the terms which guide the employment relationship. The terms include minimum standards on hours of work, overtime rates, procedures and remedies on dismissal/termination and redundancy, annual leave, sick leave just to mention a few; the Labour Relations Act 1996 (click here) promotes sound labour relations by guarding procedures on collective bargaining; the Industrial Relations Court Procedural Rules of 1999 (click here) uniquely regulate the complaint handling process namely format of lodging and responding to complaints, mode of serving documents, mode of making interim applications for example injunctions, staying executions; Workers Compensation Act 2000, Occupational, Health, Safety and Welfare Act caters for complaints arising out of an injury occasioned during the course of ones employment and Public Service Act 1994 provides the terms and conditions of service for all those employed by government.

In addition to these statutes the court has recourse to both local and foreign case law. In the case of local authorities decisions of a higher court are binding on the lower court following the rules of precedence.  

International Law and Foreign Case Law

Further, domesticated International Labour Organization Conventions, other Conventions and Treaties are invoked by the court were applicable that is where the law in question has been ratified by the Malawi Government and domesticated through an Act of Parliament, of which several have been ratified and domesticated (click here)

Similarly, foreign case law is invoked in cases where the court seeks guidance on interpretation of a similar law for example. In any case such laws do not bind the court.