Employer in Botswana

The Employment and Labour Relations Act No. 27 of 2025, known as ELRA, has applied since 1 September 2026 and brought major employment and labour rules together. It generally covers workers in the informal sector and public service with statutory modifications, but excludes the Botswana Defence Force, Botswana Police Service, Directorate of Intelligence and Security, Directorate on Corruption and Economic Crime and Drug Enforcement Agency. Some implementing regulations may still affect administration, so employers should confirm current procedures with the responsible authority. The Ministry of Labour and Home Affairs oversees the system. The Department of Labour and Social Security handles labour administration, inspections, work permits, dispute referrals and registration of unions and employers' organisations. The Department of Employment Services supports employer registration, vacancy matching and internships. Employers can create an account with the Botswana Labour Market Observatory, post vacancies free of charge and use CV matching and reports. No general compulsory employer register is directly established by the available research. An employer may recruit directly or use a recruiter, employment agency or intermediary. Recruiting a non-citizen generally requires a work permit through a Labour Office. The application commonly includes a contract, vacancy advertisement no older than six months, offer, CV, certificates, passport and photographs. Standard processing is about 14 working days; an emergency work permit can last up to three months and costs BWP 500. Renewal should be started at least six months before expiry. An employment contract may be oral or written, but control over the work, directed tasks, controlled working hours, integration into the organisation and economic dependence can establish an employment relationship. Casual work exceeding 22.5 hours per month over 12 months becomes indefinite employment. Probation may last up to six months, must be agreed in writing beforehand and requires ongoing assessment, feedback, guidance, counselling and representation. A fixed-term contract normally cannot exceed 12 months including successive contracts unless an objective reason applies, such as replacement work, temporary extra work, student or recent graduate training, a specific project, seasonal work, external funding or retirement. The employer should state the reason in the written offer or renewal; otherwise the relationship can become indefinite. Fixed-term and part-time workers generally cannot receive less favourable treatment than comparable permanent or full-time workers, subject to pro-rata treatment where appropriate. Employers must pay wages on time, avoid unauthorised deductions, provide agreed work or continue paying wages where the employer cannot provide it, keep employment records and make final payments for work completed, accrued annual leave, notice, severance and transport allowance where applicable. On request, the employer must provide an employment certificate with neutral information. Normal working time is limited to eight hours per day and 48 hours per week; a five-day week may allow up to nine hours per day. Workers receive at least 30 minutes of rest after five hours and at least 24 hours of weekly rest. Overtime is paid at 1.5 times the normal rate and is limited to 14 hours per week. Rest-day work is paid at twice the normal rate or compensated with a replacement rest day. Night work from 18:00 to 06:00 requires agreement, an allowance and transport. Regular work after 23:00 also requires hazard information, a medical examination paid by the employer and, where practicable, a transfer if health risks arise. Annual leave accrues at 1.25 days per month, or 15 days over 12 months. Paid sick leave is at least 20 working days per year. Maternity leave is reported by the Ministry as 14 weeks with 70% salary, and paternity leave is at least five paid days. Pregnancy and maternity protections include protection from termination notice during maternity leave and return to the same or an equivalent post. A nursing worker receives two 30-minute breaks per day for six months after maternity leave. Employers must take reasonable steps to prevent discrimination and provide reasonable accommodation where required. Protection covers race, tribe, origin, national extraction, social origin, political affiliation or opinion, marital status, religion, gender, sexual orientation, colour, creed, disability, pregnancy or maternity, paternity and health status. Sexual harassment counts as discrimination. Employers must address violence and harassment preventively and can be liable for worker conduct unless they took all reasonably practicable preventive steps. Sanctions can reach BWP 50,000 or five years' imprisonment. Children under 15 cannot be employed; workers aged 15 or older may perform only permitted light work, while hazardous, underground and night work remain prohibited for children. Forced labour is prohibited. Occupational health and safety follows the National Occupational Safety and Health Policy 2025, which emphasises hazard identification, risk assessment, ergonomics and psychosocial support. The Department of Occupational Health and Safety conducts inspections and enforcement. Covered manufacturing, printing, electricity, water and sewage premises require factory registration before operation; the process uses Form OHS 1, an approved building plan, a local-authority permit and a site visit and takes about 10 working days. Plant and lifting equipment require a General Register kept on site, with no fee. Employers report accidents and dangerous occurrences to the department; investigations generally take about 14 working days and are free. For workers' compensation, the worker should report an injury immediately or within 10 days, the employer submits BL 43/10 within 17 days and a claim should generally be made within 12 months. The system covers farm, domestic, security, private, parastatal and government workers. Workers may establish, join and participate in a trade union, and an employer may join an employers' organisation. An employer cannot prohibit or punish lawful union membership or activity. A union can seek workplace recognition when at least one third of eligible workers support recognition; the employer should respond within 30 days. After recognition, the employer must bargain in good faith and disclose relevant information, excluding legally privileged material, protected confidential information whose disclosure would cause material harm and private personal data without consent. A collective agreement must be written and is binding. For termination, the employer needs a valid reason, a fair reason based on conduct, capacity or operational requirements and a fair procedure. Performance cases require a clear standard, an opportunity to improve, a hearing and assistance from a co-worker or union representative. Incapacity cases require medical investigation and consideration of accommodation or alternative work. Notice is seven days for daily or weekly workers and one month for monthly workers, and the written notice should state the reason and date. Serious misconduct can justify summary dismissal. Severance generally starts after 60 months of continuous service unless a pension or gratuity exclusion applies. Employment disputes can go to the independent Mediation and Arbitration Commission; mediation generally lasts up to 30 days, entitlement-payment disputes should be referred within 90 days, and unresolved matters may proceed to arbitration or the Industrial Court. Older government pages still describe previous regional procedures, so the current referral body should be verified. Retrenchment or redundancy requires early written notice, disclosure of relevant information, consultation about the reasons, efforts to avoid or reduce dismissals including reskilling, fair selection, timing and the separation package. Consultation includes a recognised union, other union members and unrepresented workers. Selection may use first-in-last-out together with efficiency, ability, experience, skill and qualifications. The Director of Labour receives notice, and mediation may follow if the parties cannot agree. The parties may negotiate a package above the prescribed minimum. Ending employment solely to avoid the new statutory rules creates a serious compliance risk.