1. A9-08457 Trade Union Strategies on the use of ILS in labor Law reforms
MALAWI -MCTU REPORT
BY Wendy Kavalo

2. Presentation Outline Introduction Trade Union structure
Major National labor law instruments
Main issues at stake
Gaps
Legal challenges
Specific examples of violations
Use of ILS and ILO Supervisory system
Trade union training programmes
Conclusion

3. Introduction
Malawi is a country in sub saharan Africa with a population of 16 million.
Rated one of the poorest countries with over 60% of the population living below the poverty datum line
52% are female
The population is young with over 60% youths and mostly un employed
Official statistics shows unemployment at 21% but reality its more than this.

4. Introduction
More female presence in employment but mostly in lower and precarious forms of work with plenty decent work deficits.
Malawi ratified all 8 ILO core conventions also termed as areas of critical importance.

5. Trade Union Structure
145,000 paid up membership from 22 affiliated unions representing all economic sectors
20% women representation at national level leadership
27% female representation of membership
6% leadership in some affiliates even lower
Capacity building activities on FA and Collective Bargaining for unions.

6. National labor laws/codes policies
All 8 ILO core conventions ratified and domesticated into local laws namely….
Employment act
Labour relations act
Occupational Health safety and welfare act
The pensions act
Decent work country programme
Draft National labour policy
Workers compensation act

7. Main issues at stake Collective Bargaining issues/coverage
Long process of dispute resolution/settlement
Overtime
Funding for the labour court
Delay in settling labour court disputes
Paternity leave and extending maternity leave
Weak enforcement mechanisms
Osh act coverage

8. Gaps
Exemptions
Inadequate Coverage of tobacco tenants and domestic workers and the police, prisons.

9. Challenges in implementing ILS
Unratified conventions i.e 189,155
Weak enforcement mechanisms

10. violations Long processes in dispute resolution
Inadequate consultation or non
Absence of collective bargaining agreements
Resistance to unionism
Unfair dismissals
Unions do utilize ILO Conventions and supervisory machinery=lack of capacity by unions is a major challenge

11. Trade Union Programmes
Unions conduct training on Labour rights and ILO conventions to its members but its inadequate.

12. conclusions
Need for more training programmes on ILS for union members