Employment and labour legislation

Employment Status
The formal sector employment registered moderate growth of 2.7% in 2001/2 compared to 2.6% in 2000/01. Total labour force in the country as at 2001 was approximately 559 000. Unemployment rate was about 19.6 in 2001.

Recruitment
The provisions of Section 23 of the Employment Act provides for equal opportunities in employment and prohibits recruitment and selection on the basis of gender, tribe, race, religious or political beliefs and other discriminatory practices.

Salaries and wages
The Minimum Wage Act provides regulations for certain categories of workers. Minimum wages per hour is P2.40 for unskilled workers.

Termination of employment
The length of the notice period required to terminate employment from both sides depends on the period of payment and length of time the employee has worked. A contract can be terminated by payment of salary in lieu of notice. In case of serious misconduct an employee may be summarily dismissed.

Severance benefit
All employees are legally entitled to a gratuity in the form of a “severance benefit” after every 60 months of continuous service. If the employer has a better alternative scheme for gratuity or pension, then no additional payments need be made.

Working hours, overtime and leave
45 hours a week; 9 hours a day (including an hour for lunch). Overtime is payable one and a half times of the normal rate on weekdays, and double on Public Holidays and Sundays. Statutory leave is a minimum of 15 working days per annum.

Labour Relations
Labour unrest is uncommon and there have been very few incidents of strikes.

Work and Residence Permits for Non-citizens
The Immigration Act specifies that any individual who stays in Botswana for more than 90 days in a calendar year should apply for a Residence Permit.

Two types of permits are issued in Botswana:

• Investors Permits – Self-Employed (usually issued for a five year term)
• Employee Permits (usually issued for a two year term)

All non-citizens who are employed, including those who are self-employed, need to hold work and residence permits.

A non-citizen employee may be granted a work permit, provided no citizen is available to fill the post and the company implements a training program, which works towards localization of the post.

Investors who have been in the country for over ten years are eligible to apply for permanent residence.

Non-citizen family members who seek employment will have to obtain their own work permit and they will be assessed on their own merits.