Your rights at work in Malawi
Leave, notice, severance pay and maternity leave: what the Employment Act gives every worker, and a calculator for what you are owed when a job ends.
- Annual leave: 15 or 18 days
- Maternity: 8 weeks
- Notice: up to 1 month
Quick answer: Under the Employment Act every worker gets at least 15 days’ paid leave a year (18 if you work six days a week), sick leave after a year’s service, and women get 8 weeks’ maternity leave on full pay. Either side must give written notice, up to one month, or pay instead. If you lose your job through redundancy, retrenchment or unfair dismissal, you are owed severance pay of 2 to 4 weeks’ wages for every year worked.
What are you owed when the job ends?
Pick why the job is ending, then enter your pay and how long you worked. It updates as you type.
Why is the job ending?
You are paid by the
What do you need?
Tap a card to jump to it.
Leave you are entitled to
Minimums from the Employment Act. Your contract can give you more, never less.
Maternity leave and your job
For women employees, once every three years.
Your rights
- 8 weeks’ leave on full pay
- Benefits and seniority carry on
- Extra leave if a doctor certifies illness from the pregnancy
- The same job, with the same pay and benefits, when you return
Not allowed
- Dismissing you because you are pregnant
- Dismissing you for any reason connected with the pregnancy
- Treating your maternity leave as a break in service
Dismissal because of pregnancy is a criminal offence under the Act, and it is the employer who must prove the pregnancy was not the reason. The Employment Act text on MalawiLII has no paternity leave: check your contract or collective agreement.
How much notice must be given
In writing, for a job with no end date. The same notice applies whether you resign or the employer ends the job.
Paid by the month
- Any length of service1 month
Paid by the fortnight
- Under 5 years1 fortnight
- 5 years or more1 month
Paid by the week
- Under 2 years1 week
- 2 to 5 years1 fortnight
- 5 years or more1 month
Paid by the day or hour
- Under 6 months1 day
- 6 months to 2 years1 week
- 2 to 5 years1 fortnight
- 5 years or more1 month
Severance pay: when and how much
Paid on top of notice pay and leave pay, at the time the job ends.
Severance is due
- Redundancy (the job is no longer needed)
- Retrenchment (cutting staff)
- Unfair dismissal by the employer
- Employer dies or goes bust
- Employee dies: paid to the spouse or a dependant
Severance is not due
- You resign
- Fair dismissal for misconduct
- A fixed-term contract runs to its end
- You are still on probation
- You turn down a fair offer to keep working
How much
Weeks of wages for each completed year
Example: 6 years on the general minimum wage of K157,500 a month. A week’s wages is K157,500 x 12 ÷ 52 = K36,346. Severance is 5 x 2 + 1 x 3 = 13 weeks, so K472,500.
After 12 years on the same pay it is 10 + 15 + 8 = 33 weeks, or K1,199,423. Only completed years count.
- 1 to 5 years
- 2 weeks a year
- 6 to 10
- 3 weeks a year
- After 10
- 4 weeks a year
- Paid
- When the job ends
Fair and unfair dismissal
An employer needs a valid reason, and must let you answer the allegations first.
- 1
Keep your papers
Contract, payslips, any warning or dismissal letter, and dates.
- 2
District Labour Office, within 3 months
For unpaid severance, report within three months of it being due. It costs nothing.
- 3
The labour officer tries to settle it
If it is not settled within a month, it can go to court.
- 4
Industrial Relations Court
Can order your job back, a comparable job, or compensation, plus any severance owed.
Rights at work FAQ
How many leave days do I get in Malawi?
At least 15 working days of paid leave a year if you work five days a week, or 18 if you work six.
How is severance pay calculated in Malawi?
Two weeks’ wages for each completed year up to five years, three weeks for each year from the sixth to the tenth, and four weeks for each year after ten.
Do I get severance pay if I resign?
No. Severance is for redundancy, retrenchment or unfair dismissal. If you resign you still get wages to your last day and pay for unused leave.
How long is maternity leave in Malawi?
At least eight weeks on full pay, once every three years, with the right to return to the same job.
Is there paternity leave?
The Employment Act text on MalawiLII does not include paternity leave. Check your contract or collective agreement.
How much notice do I need to give?
One month if you are paid monthly. If you are paid weekly, daily or fortnightly it depends on how long you have worked: see the notice table above.
When must my final pay be paid?
Wages owed when a job ends must be paid within seven days.
Where do I complain if my employer will not pay?
Your District Labour Office. For unpaid severance, report within three months of the date it was due.
Related guides
GuideMinimum wageK157,500 from 1 June 2026
GuidePAYE tax bandsFirst K170,000 tax free
GuideNational IDRegister, renew, replace, Nzika app
GuidePassportApply online, fees from K50,000
GuideDual citizenshipForms AA, AC, AE for the diaspora
GuideEmbassies abroadChecked contacts, travel documents
GuideDeath abroadBringing a loved one home
GuideMoving back homeDuty-free goods and your carSources: Employment Act (Cap. 55:01), consolidated on MalawiLII and the Ministry of Labour’s copy of the Act: sections 26, 29, 30, 35, 44 to 49, 53, 57, 59, 63 and the First Schedule. Examples are our arithmetic. This is a plain-English guide, not legal advice.
