The Ministry of Labour and Employment (MoLE) is the Government of Lesotho’s lead authority for labour market policy, employment services, labour relations, labour inspection and occupational safety and health (OSH). MoLE’s framework provides predictability to investors through wage‑setting machinery (wage orders), a public employment service for job matching (NES), and inspection/enforcement functions to ensure compliant workplaces.
MoLE Regulatory Framework – Scope and Coverage
MoLE’s regulatory scope covers:
- Employment relations and minimum standards (contracts, working hours, leave, termination).
- Wage‑setting via sectoral minimum wage orders, under advice from statutory bodies.
- Occupational Safety and Health (OSH) standards and inspections.
- Labour inspection and enforcement (record‑keeping, audits, corrective notices).
- Dispute prevention and resolution mechanisms in collaboration with social partners.
- Public Employment Services provided by National Employment Services (NES).
- Special protections (young workers, maternity, non‑discrimination, harassment prevention).
Regulatory Map: Who Does What
| Area | Primary Authority / Instrument | What it Means for Investors |
|---|---|---|
| Employment standards | Labour Act and wage orders | Clear rules for contracts, hours, overtime, leave and termination. |
| Wages | Wages Advisory processes → wage orders | Predictable wage changes set by government instruments. |
| OSH and inspections | Labour Commissioner / Inspectorate | Worksite inspections; maintain registers, training and PPE. |
| Employment services | National Employment Services (NES) | Vacancy posting, job‑matching, labour‑market tests. |
| Dispute handling | MoLE mechanisms and social partners – Directorate of Dispute Prevention and Resolution (DDPR) | Access to dispute‑resolution pathways and guidance. |
National Employment Services (NES) – Enabling Fast, Compliant Hiring
NES is MoLE’s public employment service. It registers vacancies, shortlists candidates, coordinates bulk recruitment drives, and issues confirmations when no suitably qualified Basotho are available for highly specialised roles.
This creates a compliant pathway to bring in foreign experts while maximising local employment.
NES Services for Employers
| Service | What It Does | Investor Benefit |
|---|---|---|
| Vacancy registration and matching | Collects job profiles and sources candidates; coordinates interviews. | Shortens time‑to‑hire and reduces search costs. |
| Labour‑market test | Verifies availability of qualified Basotho before foreign hiring. | Creates a documented basis for acquiring scarce‑skills visas/employment permits for expatriate workers. |
| Recruitment campaigns | Runs community outreach and selection days for large intakes. | Supports rapid workforce ramp‑up at project launch. |
| Labour market information | Shares wage orders, skills data, and training referrals. | Improves workforce planning and budget control. |
Hiring Foreign Nationals – Process Flow
| Step | Employer Action | Outcome / Documentation |
|---|---|---|
| 1 | Post vacancy with NES; provide role and essential qualifications. | NES file opened and vacancy published. |
| 2 | NES searches and shortlists Basotho candidates. | Interviews arranged; hire locally if suitable candidates exist. |
| 3 | If none is suitable, request NES confirmation of the skills gap. | NES confirmation letter to support foreign hire. |
| 4 | Apply for work/residence authorisation with Home Affairs. | Visa/permit issued subject to requirements. |
| 5 | Onboard and comply with wage orders, OSH and inspection. | Employees commence; compliance records maintained. |
Employer Obligations – What to Prepare
- Written contracts, staff handbooks and policies consistent with the Labour Act and wage orders.
- Registers for time and attendance, wages, leave, and OSH (training, incidents, PPE).
- Evidence of NES vacancy posting and labour‑market test outcomes where foreign experts are hired.
- Compliance with inspections and corrective actions; regular review of wage orders and OSH standards.
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