In Lesotho, the Labour Code sets the regulations for standard working hours for employees. The code establishes a maximum of 45 working hours per week, which can be spread across a five or six-day reference period. This translates to different daily hour limitations depending on the chosen workweek structure:

• For a five-day workweek, daily working hours are capped at 9.
• For a six-day workweek, the maximum daily hours are set at 8 for the first five days, with an additional limit of 5 hours for the sixth day.

However, these provisions on working hours do not apply to certain categories of workers, as outlined in the Labour Code:

• Employees in a family enterprise
• Individuals holding management positions
• Situations requiring urgent work to address machinery breakdowns or emergencies

In Lesotho, the Labour Code regulates overtime work to ensure employees receive fair compensation for exceeding standard working hours.

Overtime work is only authorized in instances of exceptional and time-bound needs. This means exceeding standard hours cannot be a regular practice.

The general limit for overtime work is set at a maximum of 11 hours per week. This serves to protect employees from excessive workloads. There are exceptions to this limit, but they should be approached cautiously and adhere to the Labour Code. These exceptions include urgent work to fix machinery breakdowns and emergency situations or force majeure events.

When employees work overtime, they are entitled to additional pay on top of their regular wages for the corresponding hours. This overtime supplement must be at least 25% of the regular wage, meaning employees must be paid 125% of their normal hourly rate for each overtime hour worked.

In Lesotho, the Labour Code ensures the well-being of workers by mandating rest periods and breaks throughout the workday.

Mandatory Rest Breaks

The code stipulates that no employee should be required to work for more than five consecutive hours without a designated rest break of at least one hour. This break is a crucial period for workers to recuperate and return to their tasks with renewed focus.

Exceptions to Rest Breaks

The requirement for a one-hour break doesn't apply universally. The Labour Code outlines exceptions for specific circumstances:

• Family Businesses: Businesses solely employing family members (up to five in total) are exempt from the mandatory break provision.
• Management Positions: Individuals holding management roles are not subject to the mandated break rule.

While these exceptions exist, it's still recommended to provide reasonable breaks even for excluded categories to promote employee well-being and potentially enhance productivity.

Weekly Rest Day

In addition to breaks during the workday, Lesotho mandates a weekly rest period of at least 24 consecutive hours for every employee. This period typically includes Sunday, but alternative days can be arranged upon agreement between employer and employee.

Enforcing the Right to Rest: It's crucial to note that in some sectors, workers might face pressure to forgo their weekly rest day or breaks. If such situations arise, employees are entitled to legal protection under the Labour Code.

Lesotho's Labour Code recognizes the demanding nature of night shifts and weekend work, and establishes specific regulations to protect employee well-being during these periods.

In terms of night shift work, the Labour Code doesn't explicitly define "night shift," but it does address working hours that fall outside the standard daytime period. In such cases, employers are obligated to:

• Consult with Workers: Before implementing night shifts, employers must engage in consultations with their employees or their representatives regarding scheduling and working conditions.
• Provide Supportive Measures: Employers should take reasonable steps to mitigate potential health risks associated with night work. This might involve offering extended breaks or access to health and wellness resources.

The Labour Code doesn't mandate specific night shift differentials. However, Lesotho's Ministry of Labour might issue regulations outlining additional compensation for night work hours. Negotiating such differentials during consultations with workers or their representatives is recommended.

Regarding weekend work, which generally involves working on a mandated rest day (usually Sunday), specific regulations must be adhered to:

• Employee Consent: Weekend work cannot be imposed on employees without their prior consent. Employers must obtain employee agreement before scheduling work on a designated rest day.
• Compensatory Rest or Overtime Pay: If an employee consents to working on their rest day, they are entitled to one of two options mandated by the Labour Code:
  • Compensatory Rest: The employee receives a substitute rest day within the following week.
  • Overtime Pay: The employee is compensated for the hours worked on their rest day at the overtime rate (at least 125% of their regular wage).