Reconciling the Private Labour Law System with the Public Labour Law System through the New Labour Act 2024
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Date
2025-05-30
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National University of Lesotho
Abstract
The Labour Act 2024 is a comprehensive statute regulating employment relationship for both
private and public sector employment. The rights contained in the statute are those
recommended by International Labour Organisation ILO and other international bodies such
as Southern African Development Community (SADC) including the Constitution of Lesotho.
This study which is a doctrinal based on desktop is subject to critical evaluation and analysis
of the Labour Act 2024 by examining the inconsistencies affecting the Right to Organise and
Collective Bargaining in the comparative analysis of Labour Act 2024 and the Public Service
Act 2005 towards limitations and subjective approach. More emphasis will be on the legislative
attempt to regulate both systems in the same legal framework which is regarded as failed
attempt, and the conclusion suggested the way Public Service Act designed in regulating
employment in the public sector remain the impossibility to address the conflict of laws
towards protection of workers’ rights. The concerns include the right to organise and collective
bargaining, right to strike and to form of join trade unions in the public sector employment.
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Keywords
Private Labour Law System, Public Labour Law, Labour Act 2024, legislature