Employment Laws & Industrial Relations

Whyte & Cross’ Employment-Labour Laws practice covers broadly the following services: Preparation of Work Regulations / Human Resource Manual / Staff Handbook / Standing Orders: Drafting and documentation of conditions of service, social benefits, rules and regulations, code of ethics, disciplinary and grievance matters, leaves, benefits and various other policies. Conducting Audit / Due Diligence/ Compliance Review of Labour Laws: Inspection of records, highlighting discrepancies and advising remedial measures. Conducting on-spot physical inspection of factories and establishments. Preparation of Employees Code of Conduct, Sexual Harassment Policy etc. Drafting a policy/ manual/ code of fair ethics and good conduct applicable to employees at workplace and outside workplace for strengthening the image/brand of the company and minimizing the risk of violation of the applicable laws. We also assist companies in framing suitable policy and procedure to prevent and deal with sexual harassment of women employees at work place. Advice on Social Security and Insurance Benefits: Advising on Social Security Laws and compliance requirements as well as various social security issues and providing assistance to the management for complying with the health and safety issues. Severance and Retrenchment Laws: Advising management on various policies regarding Malawi n retrenchment laws and compliance thereof, wrongful dismissal, handling redundancy claims. Social Benefits: Advising on compliance of the provisions of maternity and other benefits to the female employees. We also help clients by advising and drafting of anti-harassment policies. We also advise Clients on various legislation relating to Bonus, Gratuity, etc. to ensure compliance of the provisions envisaged therein. Contracts: Advising and drafting business transfer agreements wherein employees are transferred to another company, drafting of Employment Contracts, Retainership Agreements, Termination Letter, Probation Clauses, Non-Disclosure Agreements, Confidentiality Agreement, Secondment Agreement (inbound/outbound), etc. Contract Labour and Regulations: Advising on registration of establishments, maintenance of registers and other records, hiring of contract labour, licensing of contractors and ensuring compliance of the applicable laws. We also advise management for ensuring compliance with applicable provisions relating to welfare, health, safety and conditions of service of contract labour. Trade Union Laws and related activities: Advising the management in handling and negotiating with trade unions, laws applicable and their compliance thereof. Workplace accident and fatal accident compensation Law: Advising the management on employer’s liability for compensation payable to an employee involved in an accident fatal or otherwise and ensuring compliance with applicable laws