Completely surrounded by South Africa, the small country of Lesotho is cut off from the sea but still maintains strong trade ties with countries around the world. It exports diamonds and clothing to countries like South Africa, the USA, the UAE, Belgium, and India, while importing petroleum, trucks, electricity, and foodstuffs from China, South Africa, Taiwan, Japan, and India.

While over 60% of Lesotho’s 884,000 workers are employed in agriculture, tourism, financial services, manufacturing, and mining are up-and-coming sectors that are becoming increasingly attractive to investors. When these investors want to employ local workers, however, they may struggle to find the right talent to fill their positions. Workers also want to know if the jobs they select will be enjoyable, profitable, and well-suited to their skills and abilities.

Probation periods can help both workers and employers confirm their employment choices. This review will explain the rules that govern probation periods in Lesotho and how they are used to benefit both employers and employees.

Definition of a Probation Period in Lesotho

In Lesotho, a probation period, also known as a nako ea teko in the local Sesotho language, is a time to try out new employment relationships. This trial period provides additional checks and balances for employers and new workers, helping them assess their employment agreements. During probation periods, Lesotho law provides fewer protections to employers and employees, making it easier to terminate these relationships if deemed necessary.

When employees are on probation, they will normally use this time to test out their new jobs and decide how they feel about them. They’ll look at their skills and judge whether or not they’ll be able to perform their roles successfully. They’ll get to know their supervisors and coworkers and decide whether or not they’ll be able to work productively within their teams. They’ll also examine the working conditions and benefits that they receive to see if they’ll enjoy working for their employers and assess whether or not they’re what was promised during the recruitment process.

Employers also have a lot of factors to examine. They’ll use probation periods to test out their new employees’ skills and abilities on the job to make sure they truly have the capacity to be highly productive employees. Employers will also see how well their employees fit in with their teams and within the overarching company culture. Many employers use this initial period as an opportunity to work closely with new employees to help them learn their jobs and enhance their skills so they can get up to full productivity quickly.

A probation period in Lesotho starts on a worker’s first day on the job and will hopefully continue until the prescribed end of the period. However, both the employer and the employee have the right to terminate the employment relationship at any time during or by the end of the probation period. If they do so, they can go their separate ways relatively easily. If not, the worker will continue as a full employee.

Lengths of Probationary Periods in Lesotho

Probationary periods are not mandatory in Lesotho, unless they are written into collective agreements that govern some industries. When used, they must be written into contracts, including the full details of their durations and special conditions.

The longest a probationary period can last in Lesotho is 12 months. While this is the absolute limit, most workers have to undergo shorter probationary periods depending on their job type.

Only managers and workers in professional positions can be put on probation for up to 12 months, and only if they agree to this duration with their employers. 

For most other workers, the maximum length of a probation period is four months.

Probation can be extended in Lesotho if deemed necessary by the employer. However, these extensions require special permission from the country’s Labor Commissioner.

Legal Considerations for the Probation Period in Lesotho

Most of the laws that relate to probationary periods in Lesotho can be found in the Constitution of Lesotho 1998 and the Labour Code 2024. It’s important for both employers and employees to know the following relevant regulations:

Pay and Working Conditions

In Lesotho, the minimum amount that workers can be paid is regulated by law. The general minimum wage is about LSL 2,242 per month (around USD 135), with higher rates applying in many industries such as clothing manufacture, construction, and retail. Minimum wages vary by sector and length of service and also apply to probationary workers, ensuring basic pay protection for all employees.

The standard workweek in Lesotho is 45 hours long. Employees can work nine hours a day for five days a week, or eight hours a day for five days and five hours on a sixth day. If they work more than this, employees must be paid 125% of their normal wages for overtime. They can work a maximum of 12 hours a day, including overtime, and overtime hours are limited to 65 hours per month. The rules are the same for working hours while employees are on probation. 

Termination and Notice

Within normal probation periods of four months for most workers and up to 12 months for managers, both employers and employees can quickly terminate their employment agreements. Either party can provide the other with seven days’ notice to terminate their contracts. Employers must provide justifications to dismiss workers, but poor conduct and inadequate capacity to perform their roles are considered valid reasons.

After probation periods, or even during longer ones, the rules for termination become stricter. After an employee has worked for over six months, they must be given 14 days’ notice of termination, and after one year’s service, they’re entitled to a month’s notice. Workers who have provided more than 12 months’ service are also normally entitled to severance pay of two weeks’ wages for each year they have served their employers.

Vacation / Holidays

There are usually ten public holidays in Lesotho each year. These are paid days off, and employees who must work on these days have to be paid at least 200% of their normal wages, or be compensated with other days off work. If a public holiday falls within a new employee’s probation period, they are entitled to this day off work with full pay.

Employees are also entitled to at least 12 working days of paid leave each year, accumulated at the rate of one day per month worked. Workers on probation can be eligible for annual leave after they’ve worked for at least three months. If they are terminated after three months, they are still entitled to at least one day of leave or payment in lieu of this leave. Workers can generally carry over as many as 18 days of leave to the next year.

Benefits of Probation Periods in Lesotho

Probation periods are popular in Lesotho and are widely used across most industries. They can be highly beneficial for both workers and employers in the following ways:

  • For Employees

They provide the chance to try new jobs and assess whether or not they have the skills to succeed in them long-term.

They give time to find out how well employees can interact with their teams and supervisors, and whether they’ll accept their working conditions.

They let employees choose to resign and leave for new opportunities relatively quickly and easily.

  • For Employers

They let employers assess their workers’ skills and abilities to see if they can perform their roles adequately.

They offer the chance to see if employees fit with their teams and the workplace culture.

They help to refine interview and candidate selection processes.

They make it easier and quicker to dismiss unfit workers.

Conclusion

Employers across Lesotho use probation periods to assess the fit of their new workers within their teams and organizations. Workers also use them to decide if they’ll be able to do their jobs well and happily. This makes probation periods very useful for both sides to evaluate their employment arrangements and decide if they will lead to long-term success.

Frequently Asked Questions

No, probation is not required by law, though it can be included in collective agreements. Normally, employers can choose whether or not to use probation periods.

Most workers can only be on probation for four months, though these periods may be extended with special permission. However, probation periods for managerial and professional positions can last up to 12 months.

Yes, both sides need to give at least seven days’ notice if they want to terminate their contracts. This notice period doubles to 14 days for notice periods over six months long.