Introduction

The association has a number of services that are offered to its member organizations. These services, both paid and unpaid, are tailored to suit various situations that members face. Our services include but are not limited to;

Paid Up Services

A. Employment and Labour Law

B. Employment Contracts

C. Employment Standards

D.Freedom of Association and the Right to Organize

We regularly advise employers on the preparation of employment contracts at every level of employment.

We appreciate that a skillfully prepared written employment contract can allow an employer and employee to identify with certainty and precision their obligations to one another.

 

We appreciate that written employment contracts are also particularly useful for senior executives and other employees whose compensation arrangements  are unusual or complex.

We assist members to dratft employment policies and procedures that comply with international as well as national employment and labour standards. We also provide complete and comprehensive representation and advice during employment standards audits and inspections.

We advise members on fundamental principles on rights at work such as:

  1. Minimum wages

  2. Overtime

  3. Safety and Health

  4. Child Labour

  5. HIV and AIDS

Our assistance is proactive, strategic and multi-faceted. Below is our five step approach.

  1. The first step begins long before there are signs of union activity. This includes assisting members to develop strategies and implement practical programs to enhance the leadership skills of their front-line managers and supervisors. The objective is to create or strengthen positive employee relations and a motivated workforce.

  2. The second step is to train management to identify signs of union activity, and take proactive steps to address the underlying issues.

  3. The third step, should union organizing occur, is to ensure that managers and leaders know exactly what they can and should say and do in response. This includes assisting management to understand its rights and those of the union that has been granted access to the workplace.

  4. Fourthly, our team regularly provides advice to employers in both the private and public sectors on collective batrgaining strategy and drafting Collective Bargaining Agreements (CBAs). We maximize our members' results by assisting our members to; 

  • Understand the impact of CBA provisions

  • Design strategies to meet operational initiatives while complying with CBA provisions 

  • Plan ahead for the next round of CBA negotiations

  • Manage grievances in a proactive and effective manner

  • Assisting in the preparation for first and subsequent rounds of collective bargaining by;

i.     Sourcing economic information

ii.    Sourcing and assessing recent CBAs within the same or related sectors

iii.   Anticipating trade union strategy

iv.   Analyzing the impact of CBA provisions on future plans

v.    Establishing strategy to achieve desired outcomes

vi.   Ensuring legal compliance

vii.  Acting as company spokesperson and/or as a support member of a client's negotiation team

viii. Achieving the best CBA available

ix.   Ensuring our members' interests are protected throughout the bargaining process​

Finally, we appreciate that it is in our members' long term interest to maintain productive relationships with their trade union(s) and employees. We tehrefore make every effort to ensure that when disagreement does occur, resolution is reached with the least possible disruption. Where appropriate, we also assist our members to manage and resolve the impasse, including litigating before the IRC if it is necessary to do so.

Unpaid Services

Our advantage is that we have a vast membership that submits various issues relating to employment laws which gives us an edge in understanding common pitfalls by most employers and how they can be proactively mitigated. We, thus, provide regular strategic employment and labour law advice to employers in Malawi in the following areas;

 

  1. Providing comprehensive advice regarding 'doing business as an employer in Malawi'.

  2. Developing workplace policies, employment agreements and termination precedents (with regard to procedure, consequences and terminal benefits).

  3. Providing strategic advice in respect of the exposure to being unionized.

  4. Providing day-to-day employment advice in rspect of a wide range of employees from seasonal labourers to contract employees.Our legal team appears  before the Industrial Relations Court (IRC).

  5. Assisting our members on matters related to: (a) Unfair dismissal, (b) Injunctive proceedings [in the event of strike or lockout that is unprotected].

We offer the following unpaid services; quick over the phone consultation, networks, meetings, (policy formulation meetings that are funded by partners), newsletter, cost of living data, access to information, discounted services, and access to labour market information.

Employers' Consultative
Association of Malawi

The Ridge,

Off Chilomoni Ring Road,     Phone

Plot No. CH/M/114,              +265 995 189 391

Namiwawa,

P.O. Box 2134,                     Email

Blantyre,                               ecam@ecammw.com

Malawi.

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