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Employer of record in Malawi

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Malawi

Employer of record in Malawi

Malawi

Malawi

Malawi, situated in southeastern Africa, is a captivating landlocked nation. Blessed with breathtaking highlands and vast lakes, it stretches along the curving path of the East African Rift Valley. Lake Nyasa, affectionately referred to as Lake Malawi by locals, covers over a fifth of Malawi’s entire territory.

Capital: Lilongwe

Population: (2022 est.) 19,610,000

Language(s): English, Chichewa, Tumbuka, Chinyanja, Chiyao, Chitumbuka

Currency: Malawian Kwacha

Employer of record in Malawi

Employee Benefits

When the employee works six days per week, the total number of working days amounts to eighteen (18). However, if they work five days a week, the count reduces to fifteen (15) working days.

Female employees, who have maintained continuous employment in either the public or private sector for a minimum of 12 months, become eligible for 90 consecutive days of maternity leave every three years.

In Malawi, there are currently no mandated statutory benefits for paternity leave.

In the employment contract for a skilled worker, both parties may opt to incorporate a probationary period, provided it does not surpass a duration of 12 months.

Following twelve consecutive months of employment, an employee is entitled to a minimum of four weeks of paid sick leave and an additional eight weeks of unpaid leave per year. During sick leave, the employee continues to receive their regular salary.

13th/14th Month Pay: While there is no legal obligation to provide a 13th or 14th month salary, employees in higher positions often receive an end-of-year bonus.

Immigration

Types of Visas in Malawi:

  1. Tourist Visa: Issued for individuals intending to visit Malawi for tourism purposes.
  2. Official Visa: Granted to holders of service or official passports for official business visits to Malawi.
  3. Transit Visa: Strictly for those transiting through Malawi within a period of 7 days.
  4. Diplomatic Visa: Issued to individuals holding diplomatic passports for official missions or visits to Malawi.

All foreigners entering Malawi must possess a passport valid for at least six months beyond their intended departure. While citizens of certain countries, such as the US and Japan, may not require a visa for tourism purposes, others do. Those needing a visa can apply at the Embassy of the Republic of Malawi upon arrival, with most applications processed within three working days. Additionally, foreigners require a visitor’s permit (VP) or business visit (BV) for short stays of 30 days or less, extendable for up to 60 days.

Requirements for Obtaining Malawi Work Visas:

Applicants for Malawi visas must submit a completed application form and valid passport, along with the following:

  • Valid passport (with at least six months’ validity)
  • Completed and signed Visa Application form
  • Two passport photos
  • Detailed cover letter
  • Air itinerary/ticket
  • Three months’ latest bank statements
  • Confirmed hotel booking
  • Yellow Fever Certificate (if arriving from a at-risk country)

Upon obtaining a visa, employees need a temporary employment permit (TEP), which the employer applies for. This permit is solely for foreigners offered employment by a registered organization in Malawi. Required documents for the work permit include:

    • Completed application form
    • Employment contract
    • Valid passport
    • CV
    • Advertisement for the job vacancy
  • Academic qualifications

 

Angola has established a new legal framework for granting various types of temporary visas to foreign nationals based on the purpose and duration of their stay. Here are the key visa categories and requirements:

  1. Tourism Visas: Issued by consular missions in the applicant’s home country, these visas are suitable for family visits, business travel, scientific or technological activities, and leisure, sports, or cultural pursuits. Tourist visa holders are allowed a 30-day stay, which can be double-extended for the same duration. These visas do not permit work or applications for permanent residency, which requires a work visa.
  2. Temporary Stay Visas: Valid for 365 days and extendable for the same period, these visas are granted for various purposes, including religious missions, work within non-governmental organizations, scientific research, university extension, family members of study, medical treatment, and work visa holders, as well as spouses of Angolan citizens. They are typically extended based on the original reason that justified the visa.
  3. Work Visas: A work visa is required for foreign nationals engaged in paid activities in Angola. These visas are issued for 365 days and can be extended for an additional 365 days, aligning with the duration of the employment contract that forms the basis for the visa application. A favorable assessment from the relevant Angolan authority overseeing the applicant’s field of operation is a prerequisite for applying for a work visa.

Important documents required for a work visa in Angola include:

  • Visa application form.
  • Work permit.
  • Letter from the employer.
  • Necessary certificates.
  • Statement of commitment to adhere to Angolan laws.
  • Passport.
  • Passport-size photos.
  • Statement from the Ministry of Public Administration, Employment, and Social Security regarding the enterprise’s activity.
  • Criminal background check.
  • A photocopy of Diário da República (the Official Gazette).
  • Medical certificate.
  • Curriculum Vitae.

It’s important to note that these documents must be translated into Portuguese and authenticated by the Department of State. Visa applicants should comply with the specific requirements outlined by Angolan authorities and consular offices in their home country or place of residence.

Upon termination of the contract due to redundancy, retrenchment, economic challenges, technical, structural, or operational necessities of the business, or unjust dismissal of the employee, workers are entitled to severance pay as follows:

  • Employees with less than one year of service are not eligible for severance pay.
  • For each completed year of service within the first five years, employees receive two weeks’ wages.
  • Employees receive three weeks’ wages for each completed year of service between the sixth and tenth year.
  • From the eleventh year onward, employees receive four weeks’ wages for each completed year of service.

As per the legislation, certain benefits are mandated, including probationary term, annual leave, federal holidays, sick leave, maternity leave, overtime pay, notice period, and severance compensation. Additionally, Social Security payouts are also considered statutory benefits.

Non-residents in Malawi are subject to a flat tax rate of 15% on all income.

For resident individuals in Malawi, the following tax rates apply to their income:

  • 0 – 1,200,000 MWK: 0%
  • 1,200,000 – 12,000,000 MWK: 25%
  • 12,000,000 – 36,000,000 MWK: 30%
  • 36,000,000 – 72,000,000 MWK: 35%
  • 72,000,000 MWK and above: 40%

Employer Contributions: 10.00% of the employee’s salary goes towards the National Pension Scheme.

Employee Contributions: 5.00% of the employee’s salary is deducted for the National Pension Scheme.

VAT standard rate in Malawi in 2024 is 16,5%, which applies to supplies of goods in Malawi and import, with some exemptions like animal products, vegetables, medical equipment and soap. The supplies of books, salt, poultry feed, and some other are taxed at 0%. Export in Malawi is also zero-rated.

Termination of employment must be communicated in writing to the other party, ensuring the employee’s opportunity to present a counterargument if the termination is initiated by the employer. Furthermore, the employer is required to provide a termination certificate detailing the reason for dismissal.

Notice Period for Termination:

  • Bi-weekly payment: Thirty days’ notice for employees with over five years of service; fifteen days’ notice for those with less than five years.
  • Monthly payment: One month notice for employees with five or more years of service; two weeks for two to five years; one week for less than two years.
  • Daily or hourly payments: One month notice for five or more years; one week for six months to two years; fifteen days for two to five years; one day for less than six months.

Severance Pay:

  • 1-5 years of service: 2 weeks’ pay for each year of employment.
  • 6-10 years: 3 weeks’ pay for each year of employment.
  • 11+ years: 4 weeks’ pay for each year of service.

For employees paid on a monthly basis, the mandated notice period for termination is one month. For those paid every two weeks, the statutory notice period is 15 days for individuals with less than five years of service, and 30 days for those with more than five years.

Regarding employees paid weekly, the notice period for contract termination varies:

  • One week for employees with less than two years of service.
  • Two weeks for employees with two to five years of service.
  • One month for employees with at least five years of service.

Malawi’s Employment Act of 2000 acknowledges three categories of overtime: Ordinary, Day Off, and Holiday.

  1. Ordinary Overtime: Refers to additional hours worked by an employee during a typical working day.
  2. Day Off Overtime: Occurs when an employee works hours on a day they would typically have off.
  3. Holiday Overtime: Any time worked on a public holiday.

Employees are entitled to compensation for overtime as follows:

  • Ordinary Overtime: One and a half times the normal wage for each hour worked.
  • Day Off and Holiday Overtime: Paid at twice the employee’s regular wage for each hour worked.

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