Transcription
CHAPTER 47:01EMPLOYMENTARRANGEMENT OF SECTIONSPART 31.32.33.34.35.36.37.38.Short titleInterpretationCommissioner of LabourAppointment of labour officersPower of Commissioner to delegate his functionsPower of Minister to give directionsPower of Minister to restrict application of ActSaving for other enactmentsPART IIAdministrationInformation to be provided by employersInstitution and undertaking of proceedings in connection with ActFunctions of officersOffence to delay or obstruct, etc.Obligations of officersPART IIIContracts of EmploymentOral and written contracts of employmentExisting contracts of employment to continue in forceDuty of employer to provide workTermination of contracts of employment generallyTermination of contracts of employment for unspecified periods of timeTermination of contracts of employment for unspecified periods of time, normallysubject to notice, without noticeTermination of contracts of employment for unspecified periods of time duringprobationary periodBreaches of contracts of employmentLiability following certain breaches of contracts of employmentRestriction of grounds on which employers may terminate contracts of employmentCertificates of employmentRedundancyTermination of contracts of employment without noticeEntitlement to severance benefit on termination of contract of employmentChange of employerTransfer of Botswana citizen abroad in same undertakingDeath or disappearance of employee during contractEmployment cardsRepatriationExemption from obligation to repatriateDuty of employer to provide means of transport on repatriationDuty of employer to provide medical facilities in certain circumstancesDuty of employer to keep register of casual employeesCertain terms of contract of employment to be voidOffence where contract contravenes this PartPART IVCopyright Government of Botswana
39.40.41.42.43.44.45.46.47.48.49.50.51.52.Special Contracts in relation to RecruitmentApplication of Parts III and IVContracts to be in writingFamily not bound by contractResponsibility of employerContents of every contractAttestation of contracts requiredDeposit of wagesMedical examinationContracting ageTransfer to other employmentTermination of contract in certain circumstancesPeriod of employmentForeign contracts of employment and contracts of employment made abroadOffence to induce persons to proceed abroad under informal contractPART .66.67.68.Application of Part VProhibition of recruitment except under licenceIssue of recruiter's licenceProhibition of assisting recruitment without permitPower of Commissioner to take security from applicantsPower of Commissioner to cancel or suspend licences and permitsRenewal of licence or permitLiability of recruiter for offences committed by his employeesProhibition of recruitment of children, etc.Families of recruited personsProhibition of recruitment by public officersTransport of recruited persons and their families to place of engagementTransport of recruited persons and their families in special circumstancesTransport of recruited persons and their families to place of employmentSupply of necessaries during journey to place of engagement or employmentRegulations in connection with employmentPART VIForced Labour69.70.71.72.Application of Part VIProhibition of exaction of forced labourPenalty for official ART VIIProtection of WagesExclusion from application of VIIFixing of wage periodsTime of paymentPayment of wages, etc., on termination of contract of employment by employerPayment of wages, etc., on termination of contract of employment by employeePayment of wages, etc., to be made during working hoursProhibition of unauthorized deductions from wages, etc.Authorized deductions from wages, etc.Limitation on attachments and assignments, etc.Wages to be paid in legal tenderAgreement as to place or manner of spending wages illegalCopyright Government of Botswana
112.113.114.115.116.117.118.Partial payment of wages in kindWages not to be paid on certain premisesAuthority of employer to open shopAdvance of wagesProhibition of interest on advancesPower of Commissioner to require security from employerPayment of wages for partial performance of contract of employmentPriority of wagesEmployee's claims arising out of his employmentDuty of employer to keep records, etc.PART VIIIRest Periods, Hours of Work, Holidays and other Conditions of WorkRest periodsPayment for work during rest periodHours of workTask workShift workLeave with payPaid public holidaysPaid sick leavePART IXContractors and ContractingPowers of Commissioner to secure payment of wages due to employees ofcontractors and subcontractorsPART XEmployees in Special CategoriesRegulations at variance with Act in relation to employees in special categoriesPART XIEmployment of Children and Young PersonsApplication of Part XIPower of Minister to exempt occupationsEmployment of children prohibitedProhibition of employment undergroundProhibition of night workRestriction on employment of children and young personsHours of work of children and young persons in industrial undertakingsProhibition of employment of children and young persons on rest days and paid publicholidaysRegulations regulating employment of children, etc.PART XIIEmployment of FemalesApplication of Part XIIAbsence from work in connection with confinement and maternity allowancePayment of maternity allowanceRight to maternity allowance unaffected by notice of termination of contract ofemploymentProhibition of serving notice of termination of contract of employment during maternityleaveFemale employee entitled to only one maternity allowanceFemale employee to be permitted to nurse childCopyright Government of Botswana
119.When employer not liable for medical expenses120.PART XIIIEmployment of the Infirm and HandicappedRegulations in relation to employment of infirm or handicapped persons121.122.123.124.125.126.127.128.PART XIVLabour Health AreasApplication of Part XIV to labour health areasHousingFeeding of employeesSupply of waterProvision of medicine and medical treatmentCare of employees on journeysReturn of employees to place of origin or engagementRegulations in relation to labour health areas129.130.PART XVLabour Clauses in Public ContractsCertain public contracts to contain declaratory clause in relation to contracts ofemploymentSanctions available to Government in respect of contracts of employment madepursuant to certain public contracts140.141.142.PART XVIDetermination of Minimum WagesEstablishment of Minimum Wages Advisory BoardDuty of Minister to seek advice of Board before fixing minimum wageDuties of BoardPowers of BoardPower of Minister to fix minimum wagesAmendment of Fourth SchedulePower of Minister to adjust minimum wageEffect and enforcement of minimum wages orderPower of Commissioner to exempt infirm or handicapped person from minimum wagesorderDuty of employer to keep certain records for enforcement of this PartDuty of employer to exhibit certain notices in connection with minimum wages orderRegulations in relation to this Part143.144.PART XVIILabour Advisory BoardEstablishment of Labour Advisory BoardDuty of Minister to consult Board145.146.147.148.149.150.151.PART XVIIIRemedies, Jurisdiction, Procedure and PenaltiesFailure to pay wages, etc. or detaining employee's propertyEntering or leaving employment with fraudulent intentPenalty for keeping and harbouring employeesFalse pretencesFurnishing false informationMaking false entries in recordsPenalties for offences under Act131.132.133.134.135.136.137.138.139.Copyright Government of Botswana
152.153.154.PART XIXSupplementarySaving of proceedings under other lawsRendering of annual reports to National AssemblyPower of Minister to make regulationsFirst Schedule - Persons to whom Property of Deceased or Missing Employee may beDeliveredSecond Schedule - Paid Public HolidaysThird Schedule - Minimum Wages Advisory BoardFourth Schedule - Trades, Sections of Trades, Industries and Sections of Industries inwhich Minister may Fix Minimum WageFifth Schedule - Labour Advisory BoardAct 29, 1982,S.I. 148, 1984,S.I. 13, 1990,Act 26, 1992,S.I. 52, 1996,Act 14, 2003,S.I. 73, 2007,Act 6, 2008,S.I. 27, 2008.An Act to repeal and replace the Employment Act in order to amend the law relating toemployment, to make comprehensive provision therefor and to provide for mattersincidental thereto and connected therewith.[Date of Commencement: 14th December, 1984]PART IPreliminary (ss 1-8)1.Short titleThis Act may be cited as the Employment Act.2.Interpretation(1) In this Act, unless the context otherwise requires"agricultural undertaking" means any undertaking or part of an undertaking engagedin cultivation, animal husbandry, including livestock production and care, forestry, horticulture,plantations, the primary processing of agricultural products by the operator of a holding or anyother form of agricultural activity other than such an undertaking or part of an undertaking inwhich members of the same family alone are employed;"attesting officer" means a labour officer or any other public officer authorized by theCommissioner in writing to perform the functions of an attesting officer under this Act;"basic pay" means the rate of payment, including any payment in kind, made by anemployer for work done or services performed during an hourly, weekly, fortnightly or monthlyperiod excluding all other remuneration;"casual employee" means an employee whose terms of contract are for a period of notmore than twelve months, and which contains provisions limiting employment to not more thanthree days', or more than twenty-two and a half hours', work per week;"child" means a person under the age of 15 years;"collective labour agreement" means a written agreement relating to the terms andconditions of employment concluded between one or more registered trade unions or branchesCopyright Government of Botswana
thereof or, where no such organization exists, the representatives of the employees concernedduly elected and authorized by them and one or more employers or registered employers'organizations;"Commissioner" means the Commissioner of Labour referred to in section 3 or anyperson acting in or lawfully performing the functions of his office;"confinement" means delivery of a child;"construction contractor" means any person established for the purpose ofundertaking, either exclusively or in addition to or in conjunction with any other business, anytype of construction work for or on behalf of some other person under a contract entered intobetween them or the heirs, executors, administrators, assigns or successors of any person soestablished;"construction work" means any building or civil engineering work, including repair,maintenance, alteration and demolition work;"continuous employment" means employment (including employment during aprobationary period) with the same employer, whether such employment commenced before,except for the purposes of section 27, at or after the commencement of this Act, whichemployment is uninterrupted except by periods of absence from work for which provision ismade by this Act or which(a) are authorized by the employer;(b) are due to injury caused to or disease suffered by the employee in respect of whichcompensation is payable in accordance with such legislation as may for the time beingbe in force governing workmen's compensation; or(c) are occasioned by industrial action which is not unlawful by virtue of such legislation asmay for the time being be in force governing trade disputes;"contract of employment" means an agreement, whether oral or in writing, expressedor implied, whereby one person agrees for a wage or other benefit or both to let his labour toand to perform it under the orders of another person who agrees to hire it;"contractor" means a person who contracts with a principal to supply labour or to carryout the whole or any part of any work undertaken by the principal in the course of or for thepurposes of the principal's trade or business;"day" means any period of 24 hours commencing at midnight;"domestic employee" means a house servant, a garden servant or a motor car driveremployed in or in connection with the domestic services of any private premises."employ" means, in relation to the person employing, to use as an employer the labourof an employee;"employee" means any person who has, either before or after the commencement ofthis Act, entered into a contract of employment for the hire of his labour:Provided that the expression shall not include any officer or servant of the Governmentunless he belongs to a category of such officers or servants the members of which are declaredby regulations to be employees for the purposes of this Act;"employer" means any person who has entered into a contract of employment to hirethe labour of any person, including(a) the Government in respect of any of its officers or servants who belong to a category ofsuch officers or servants the members of which are declared by regulations to beemployees for the purposes of this Act; or(b) a public authority,or the person who owns or is carrying on for the time being or is responsible for themanagement of the undertaking, business or enterprise of whatever kind in which the employeeis engaged;"employment" means the performance by an employee of a contract of employment;"forced labour" means any labour exacted from a person under the threat of a penaltyCopyright Government of Botswana
and which has not been voluntarily given, other than labour(a) required in consequence of the sentence or order of a court;(b) required of any person while he is lawfully detained that, though not required inconsequen
An Act to repeal and replace the Employment Act in order to amend the law relating to employment, to make comprehensive provision therefor and to provide for matters incidental thereto and connected therewith. [Date of Commencement: 14th December, 1984 ] PART I Preliminary (ss 1-8) 1. Short title This Act may be cited as the Employment Act. 2. Interpretation
