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;
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