In April 2024, Lesotho passed a transformative piece of legislation, the Labour Act 3 of 2024. This new law represents the culmination of a decade-long collaborative process between the Government of Lesotho, local stakeholders, and the International Labour Organization (ILO). At the heart of this journey was a shared commitment to reshaping the country’s labour laws in a way that reflects international standards while remaining firmly grounded in the realities of Lesotho’s social and economic context.
Lesotho’s labour system was previously governed by the Labour Code of 1992, a framework developed with ILO assistance following significant industrial unrest in the early 1990s. While the Code offered protection to private sector employees, its scope was limited. It excluded large portions of the public sector and informal economy, which together accounted for a significant share of Lesotho’s working population. Over time, it became increasingly clear that a more inclusive and updated legal framework was needed, one that could respond to the complexities of a dual economy and widespread underemployment.
The ILO’s role in the reform process was both technical and advisory. As a global organisation tasked with promoting labour rights and decent work, the ILO worked closely with Lesotho’s Ministry of Labour and Employment to support a participatory and evidence-based law-making process. Between 2014 and 2024, the ILO facilitated consultations with trade unions, employer bodies, and civil society organisations. These engagements were supported by workshops, public dialogues, and expert technical input, all aimed at developing legislation that would balance international obligations with national development goals.
The resulting Labour Act introduces a number of key reforms. It extends labour protections to workers in the public sector and the informal economy and provides for the recognition of non-standard employment relationships, including gig and platform workers. Rather than focusing narrowly on contracts, the new Act looks at the broader employment relationship and sets out a list of indicators to help determine whether one exists. This shift in perspective is intended to bring more vulnerable workers under the protection of the law.
The Act also introduces mechanisms to support workplace flexibility without undermining workers’ rights. For example, employers are now allowed to average working hours over a monthly period to better manage periods of high and low demand. At the same time, the law ensures that core labour protections, such as limits on working hours and guarantees of fair treatment, are not diluted.
A particularly notable innovation is the introduction of sectoral bargaining councils. These bodies, made up of representatives from registered trade unions and employer organisations, can negotiate collective agreements that apply to an entire industry. The law also allows the Minister of Labour, in consultation with a national labour advisory body, to encourage the formation of such councils in key sectors. This approach is expected to promote orderly labour relations, improve wage determination, and ensure compliance with industry standards.
Another area of significant focus in the Act is the protection of children. Building on earlier proposals, the legislation now explicitly prohibits child labour and applies these protections to informal and rural work settings, where enforcement has historically been weak. The law aims to address longstanding concerns around the use of child labour in herding, domestic work, and other forms of hazardous employment.
Throughout the reform process, the emphasis was on practicality and integrity. Rather than importing a one-size-fits-all legal model, the drafters sought to create a framework that would work within Lesotho’s unique development constraints. The Act embraces the principle of progressive realisation, recognising that legal protections must sometimes be phased in over time, especially in settings where resources are limited and institutions are still developing.
Despite the many gains of the new law, its effectiveness will depend on consistent enforcement and political will. Labour inspection and dispute resolution systems must be strengthened. Support will also be needed to raise awareness among employers and workers, particularly in rural and informal sectors where knowledge of labour rights remains low. The success of the Labour Act 2024 will ultimately be judged not just by the words written into law, but by how well those rights are realised in practice.
Lesotho’s experience offers a meaningful example of how international technical assistance can support inclusive and democratic law-making. The process that led to the Labour Act was not without its delays or challenges, political instability, limited resources, and even a global pandemic threatened to derail progress. But the final result demonstrates that with sustained commitment and cooperation, it is possible to build laws that reflect both global labour standards and the lived realities of working people.