MLS fault govt on salary stoppage
The Malawi Law Society (MLS) has faulted the recent Ministry of Education, Science and Technology circular stopping payment of salaries to teachers who abscond from work for over five days, saying the move is inconsistent with the country’s labour laws.
In the circular dated May 15 this year and sent to all public schools, Principal Secretary for Education, Science and Technology MacPhail Magwira advised all heads of public education institutions that apart from deducting salaries for absenteeism, officers who abscond from duty for over five days should not get their salaries.
In an e-mailed response on Friday, MLS secretary Felisah Kilembe said while deducting of one’s salary for the number of days they have not worked without valid reasons is in tandem with the law, complete stoppage of salary for abscondment for over five days is illegal.
Said Kilembe: “The deduction of salaries from employees who are absent from work without permission or valid excuse is not illegal and is in conformity with our labour laws. The Employment Act in Section 56 clearly provides that an employer may not pay wages to an employee for the period he has been absent from work without permission of the employer and without reasonable excuse.
“To expect an employer to pay an employee wages for days not worked without permission would in itself be an unfair labour practice against the employer.
“However, to completely stop the payment of salaries for those absent for more than five days is not in conformity with our labour laws. A reading of the Employment Act, especially Part VII which deals with the issue of wages, clearly shows that employers must pay employees wages for work done. The employer can, therefore, only deduct from the days not worked.”
She said it is illegal for an employer to withhold employees’ pay for the days they have worked simply because they were absent for over five days in that month.
In the circular, Magwira added that, apart from stopping payment of salaries, the ministry would take further action against the concerned teachers and other Ministry of Education staff who abscond from work for over five days with a possibility of having them dismissed.
Reads the circular in part: “In case of abscondment where an officer absents himself or herself from duty without leave or just reason for a period exceeding five consecutive working days, immediately stop payment of salary to the officer concerned and report to the appropriate service commission through the Ministry’s Headquarters for further consideration and/or disciplinary action.
“The stoppage of salary [payment] is in line with Regulation 37(5) of Government Teaching Service Commission Regulations (GTSCR) and 42(5) of the Malawi Public Service Commission Regulations (MPSCR). An appropriate commission may decide to dismiss the absconding officer depending on the evidence or information provided to it as provided in Regulation 37(5) of the GTSCR and Regulation 46(1) of MPSCR.”
But while commending issuance of the circular to curb absenteeism among teachers, Teachers Union of Malawi (TUM) general secretary Dennis Kalekeni said the ministry should exercise fairness in enforcing the circular to ensure that no innocent teacher is victimised.
Civil Society Education Coalition (Csec) executive director Benedicto Kondowe also called for fairness on enforcement of the circular which he described as “insensitive” as, he said, it only targets Ministry of Education staff, especially officers in lower ranks.
Office of the President and Cabinet (OPC) public relations officer Arthur Chipenda said all controlling officers are expected to ensure discipline amongst staff under their charge, adding OPC is working to restore discipline across the entire civil service.
