Lesotho

The ITUC affiliate in Lesotho is the Lesotho Labour Council (LLC).
Lesotho ratified Convention No. 87 on Freedom of Association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
and Protection of the Right to Organise (1948) in 1966 and Convention No. 98 on the Right to Organise and Collective Bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
(1949) in 1966.
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
The right to freedom of association is regulated by a Labour Code.
Anti-Union discrimination
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Restrictions on trade unions’ right to organise their administration
- Restrictions on the right to elect representatives and self-administer in full freedom
- Only the members of a registered trade union, which must represent more than 35% of the employees (of an employer with ten or more employees), are entitled to elect workplace union representatives.
- Restrictions on the right to freely organise activities and formulate programmes
- Only an authorised officer or official of a trade union which represents more than 35% of the employees can have access to an enterprise in order to communicate with management, recruit members or perform other trade union functions.
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office
- Other civil servants and public employees
- Currently, public employees, including university lecturers, are prohibited from forming and joining trade unions. They can only form or join "associations" that have consultative status. The government has promised that the new Public Service Bill will guarantee freedom of association to public officers and allow them to form associations for collective bargaining.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is recognised by law.
Barriers to the recognition of collective bargaining agents
- Excessive requirements in respect to trade unions’ representativity or minimum number of members required to bargaining collectively
- Representativity thresholds are set high and the Labour Code does not provide for collective bargaining rights for minority unions. Section 198A(1)(b) of the Labour Code defines a representative trade union as a “registered trade union that represents the majority of the employees in the employ of an employer”, and section 198A(1)(c) specify that “a majority of employees in the employ of an employer means over 50 per cent of those employees”.
- Absence of criteria or discretionary, unclear or unreasonable criteria for determining representative organisations
- Section 198B(2) of the Labour Code provides that the arbitrator may conduct a ballot “if appropriate” in the determination of disputes concerning trade union representativity.
Limitations or ban on collective bargaining in certain sectors
- Other civil servants and public employees
- Teachers do not have the right to collective bargaining.
Right to strike
Right to strike
The right to strike is regulated by a Labour Code.
Barriers to lawful strike actions
- Other excessively complex or time-consuming formalities to call a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike - Complicated procedures must be followed before strike action is authorised.
Limitations or ban on strikes in certain sectors
- Undue restrictions for “public servants”
- Civil servants are not allowed to strike, and all public sector industrial action is illegal by definition (section 19 of the Public Services Act (2005)).
In practice
A woman died after being shot during violent clashes between factory workers and police during protests over pay, in Maseru. Demonstrations spilled over into violence in the second week of industrial action
industrial action
Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer.
, with looting and damage to several businesses in the capital, Maseru.
The strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
started in mid-May 2021, and workers have been fighting running battles with police and army officers who have been blocking the protests, which they say are “in contravention of Covid-19 regulations”. Last week, workers blocked roads with rocks, logs, broken streetlamps and rubbish bins, which the police dispersed with a water cannon. Armed police and army officers were deployed. Gunfire could be heard until early on Wednesday morning. During these clashes, a worker, Motselisi Manase, was fatally shot.
Police officers attending a worker protest at the Thetsane industrial area in Maseru shot at protesters with rubber bullets, leaving three hospitalised. The victims were part of a group of protesters who gathered at the factories on 26 April to demand a salary increase. Hundreds of factory workers downed tools and blocked roads in the area, prompting the police to fire rubber bullets to disperse them.
National police spokesperson Senior Superintendent Mpiti Mopeli said the police had no option but to fire rubber bullets at the protestors, as they were blocking other employees from entering their companies’ premises. The picketing
picketing
Demonstration or patrolling outside a workplace to publicise the existence of an industrial dispute or a strike, and to persuade other workers not to enter the establishment or discourage consumers from patronising the employer. Secondary picketing involves picketing of a neutral establishment with a view to putting indirect pressure on the target employer.
workers were eventually dispersed by armed police officers.
Hundreds of nurses employed by Queen Mamohato Memorial Hospital (QMMH) had their employment terminated on 12 March 2021 after they went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
to demand wage increases to match their counterparts in government and private institutions. A week after their dismissal, Health Minister Semano Sekatle announced that the government had resolved to cut ties with the Tšepong Consortium, which runs QMMH, over the alleged unprocedural dismissal of the nurses and other issues.
Bull Clothing, a garment factory, fired 253 workers, accusing them of taking strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action. It then rehired them, on new contracts and at lower salaries, subject to a three-month trial period.
The workers were fired in August 2020 after gathering to ask the company why a payment of 800 maLoti (US$46) from the government had been delayed or withheld by management. The company accused them of taking wildcat strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action and fired 253 workers.
When the workers asked for their severance packages, the company offered to rehire them on unfavourable terms, including the loss of their severance packages and accrued benefits. Workers would also be subject to a three-month probation period at significantly reduced wages.
The workers are represented by the Independent Democratic Union of Lesotho (IDUL). After negotiations with Bull failed, the union met with the labour ministry in an attempt to find a solution. However, none could be found, and the conciliation
conciliation
An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation
tribunal, which could have helped in resolving the case, remains backlogged. The union is concerned that the company has secret plans to close the Lesotho factory and move the operation to another country. By firing the workers, the company has attempted to reduce its liability for severance packages, which workers have earned over many years of service.
The management at the Liqhobong diamond mine in the Maluti mountains, controlled by UK-based company Firestone Diamonds, will not allow access to the Independent Democratic Union of Lesotho (IDUL), which is seeking to organise the workers there.
Letsatsi Ntsibolane, chair of the Lesotho Association of Teachers (LAT), was dismissed on 30 January 2019 for allegedly neglecting his teaching duties last November and inciting teachers to join a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
that the government considered illegal. The three education unions, LAT, the Lesotho Teachers Trade Union (LTTU) and the Lesotho School Principals Association (LESPA) had called on their members to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
for better pay and working conditions.
Global union federation Education International accused the government of intimidatory tactics aimed at dissuading teachers’ unions from taking action to defend their rights under national and international labour law. It also accused it of interfering in the activities of the teachers’ unions, by ordering the police to stop them from holding meetings.
The government denied the allegations that it was violating teachers’ rights and said it considered the teachers’ grievances to be very genuine and worthy of its utmost attention. A ministerial sub-committee was appointed to deal with the issues.
On 28th July 2017, Letseng Diamonds (70 per cent owned by the British-based Gem Diamonds and 30 per cent by the government) dismissed as unfounded allegations by mineworkers’ unions that it imposed exploitative working conditions on miners. Earlier in February the company applied for an exemption from provisions of the Labour Code that limit weekly working time to no more than 45 hours and obligates an employer to pay double for work done during a day of rest or public holiday. Workers, represented by the Construction and Mine Workers Associations Union (CAMAU), demanded action to address poor safety and health in the mine, including lack of any protective gear and no medical aid. They also raised concerns over the practice of hiring expatriates, which has affected organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. efforts. Although the company accepted facilitation of dialogue by the Minister of Mining, it has continued to refuse workers’ demands over improvement of working and employment conditions.
The Lesotho Correctional Service (LCS) has dismissed its Staff Association Secretary-General and Acting President, Lebonejoang Ramohalali, who had been suspended since January 2016, for commenting on the new Lesotho Correctional Services Bill on the radio.
On 4 January 2016, Ramohalali took part in a programme of the regional branch of the PC FM radio station. He commented on the fact that the new Lesotho Correctional Services Bill, which regulated offences and punishment for the staff, was passed without the input of opposition MPs who were at that time boycotting the National Assembly. On 6 January, the LCS management suspended Ramohalali for speaking without authorisation and for “blatantly undermining or questioning the wisdom of the legislature”. On 18 April, he was informed about being demoted to the lowest rank while he was still on suspension. On 24 August, Ramohalali took part in another radio programme during which he said that the new Bill only focused on the offences and punishment for the staff and not on their welfare. The programme was brutally interrupted by three armed employees of the LCS. On 15 September, Ramohalali received a letter from the LCS management dated 7 September, informing him about the intention to terminate his employment and demanding reaction within 21 working days. The LCS issued a letter of dismissal on 12 October, prior to the end of the notice period, thereby failing to account for the date of effective termination.
The Ministry of Public Service ordered all public servants to report for work in light of the stay-away action and a protest march planned for 19 May by the Alliance of Non-State Actors.
The day of protests was organised by the “Alliance of Non-State Actors” - comprising the Maseru Region Taxi Operators, Lesotho Council of Non-Governmental Organisations, trade unions (including Lentsoe la Sechaba, the Independent Democratic Union of Lesotho, the National Clothing Textile and the Allied Workers Union, United Textile Employees), and businesses represented by the Lesotho Chamber of Commerce and Industry.
The Alliance sought to pressure the Government into implementing the Southern African Development Community’s (SADC’s) Commission of Inquiry recommendations concerning measures to be taken in relation to the killing of former Lesotho Defence Force (LDF) commander, Maaparankoe Mahao. This followed concerns over the impact of a delay on Lesotho’s compliance with the rule of law requirements and, therefore, its eligibility for development aid.
The Ministry of Public Service ordered all government departments to enforce an attendance register and ensure the presence of all workers on the day of protest. The management of the Lesotho Correctional Service issued a similar directive. Furthermore, the Police Superintendent refused to approve the Alliance’s application for organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. the march. Upon the Alliance’s appeal, his decision was overturned by the High Court and the march took place as planned.
When the National Union of Commerce Catering and Allied Workers instigated strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action against Sun International South Africa company with respect to the payment of higher wages and the use of casual labour, the company secured working permits for replacement workers from Business Units in Kimberley, Bloemfontein and Thaba Nchu in South Africa.
The National University of Lesotho (NUL) management has acquired a court order blocking a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
by the Lesotho University Teachers’ and Researchers’ Union (LUTARU). Workers asked management for a 15 per cent pay increase and the signature of a recognition
recognition
The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union.
agreement.
The General Secretary of the Lesotho Congress of Democratic Unions (LECODU), Tšeliso Ramochela, has called for better labour regulations in the textile industry. Speaking during a textile workers’ strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in August 2011 he warned that workers were being exploited in an industry dominated by Chinese employers. Levels of union organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
have improved across the country’s all-important textile industry in recent years but many employers still ignore labour laws or exploit weaknesses in the law.
The country has a poor record on respecting trade union rights. In the private sector, the complex procedures and employers’ anti-union attitude make it very difficult to operate a trade union. Although the law prohibits anti-union discrimination
anti-union discrimination
Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.
See Guide to the ITUC international trade union rights framework
, many employers still stop union organisers from entering factory premises to organise workers or represent them in disputes. In some cases, employers intimidate union organisers and members, threatening the latter with dismissal, particularly in domestic industries.
Because the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
procedure is complicated, there have not been any official strikes in the country for many years. There have been regular spontaneous protest actions over the years, however. As these are technically defined as illegal, workers continue to risk losing their jobs and being taken to court.