THE KINGDOM OF LESOTHO COMBINED SECOND TO EIGHTH PERIODIC REPORT UNDER THE AFRICAN
CHARTER ON HUMAN AND PEOPLES’ RIGHTS AND INITIAL REPORT UNDER THE PROTOCOL TO THE
AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
139. Section 137 of the Constitution was amended to establish the Public Service
Commission which is vested with powers to appoint persons to hold or act in offices in the
public service and the power to terminate appointment of such persons.46
Legislative measures
140. Labour and employment in Lesotho is regulated by the Labour Code Order of 1992 (as
amended) and Workmen’s Compensation Act 1977
141. The Labour Code and its amendments are the principal laws governing terms and
conditions of employment in Lesotho. They have effectively rendered the right guaranteed
and justiciable as the obligations can now be invoked from the Labour Code Order itself.
They regulate the relationship between employers and employees ranging from contracts
of employment, discrimination in the workplace, health and safety, remuneration,
disciplinary measures for misconduct as well as termination of employment. Notably, in
2005 the Code was amended to cater for prohibition of discrimination on the basis of HIV.
142. The Labour Code permits union organisation which enables collective bargaining for
negotiation of wages and improved conditions of work.
143. Employment in the public sector is regulated by the Public Service Act 2005.
Administrative measures
144. The Labour Code has been implemented through a number of policies and strategies
including the Labour Codes of Good Practice of 2003 which sets minimum standards of
conduct in disciplinary matters of employees and provides for conduct of industrial actions
and negotiations between both the employers and employees.
46
Fifth Amendment to the Constitution Act 2004 section 2.
63