109. We have carefully examined the law and form the opinion that section 11 of the Pension Act and the exemption Order made thereunder provide a sensible balance in the current economic position of Malawi. The questioned provisions are, therefore, necessary in an open and democratic society. Whether section 27(4) of the Employment Act is unconstitutional on the ground that it infringes upon the rights of domestic workers provided under sections 13, 20, 30(3) and 31(1) of the Constitution 110. Section 27 of the Employment Act provides for particulars of employment as follows: - (1) Every employer shall give to each employee a written statement of particulars of employment. (2) The statement referred to in subsection (1) shall be given(a) with respect to an employee in employment at the commencement of this Act, within three months of the commencement of this Act. To each employee who is employed by the employer; and (b) with respect to an employee employed after the commencement of this Act, within one month of his/her reporting for work. (3) The written statement referred to in subsections (1) and (2) shall include the following particulars (a) the names of the employee and of the employer; (b) the date of commencement of the contract; (c) the rate of remuneration and the method of calculating remuneration; (d) the intervals at which remuneration is paid; (e) the nature of the work to be performed; Page 40 of 45

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