8 LABOUR LAWS EVERY EMPLOYEE SHOULD KNOW ABOUT


 

A rest day of not less than 24 consecutive hours, normally including Sunday, must be given in every period of 7 consecutive days. Employees working on shifts must be given a rest day of at least 30 consecutive hours in a period of 7 consecutive days

An employee may not work more than 14 hour overtime in one week. For normal working days, overtime is calculated at 1.5 times the basic hourly rate. For rest days or paid public holidays overtime is calculated at double the hourly rate.

There are 8 public holidays each year, and these include: New Years Day, Good Friday, and Easter Monday, 1st May, Presidents Day, Day following Presidents Day, Independence and Christmas days.

In the case of domestic employees only 4 of the paid public holidays are applicable and these include:New years Day,Good Friday,Independence Day,and Christmas Day Alone.

A minimum of 15 working days of paid leave is given per year. At least 8 leave days must be taken within 6 months of the leave earning period. The remaining days may be accumulated for up to 3 years when they must be taken. If the contract is terminated by either party the employee must be paid for any outstanding or accumulated leave.

An employee is entitled to a minimum of 20 working days paid sick leave in any one year of continuous employment. The Employee must inform the employer soon as possible and provide a doctors certificate if they are absent from work for more than 24 hours.


Maternity Leave: Provision is made for maternity leave totalling 12 weeks (6 weeks before and 6 weeks after confinement) after the employer has been presented with a certificate signed by a doctor, medical nurse or a midwife. An additional 2 weeks maternity leave may be granted on account of illness arising from her confinement. During maternity leave a maternity allowance of not less than 25% of the employee’s basic pay or 50 to be for each day of absence , whichever is greater is payable.

Employees, who are to serve a period of probation, should be informed in writing, of the length of the probationary before entering into a contract of employment. Contracts of employment terminated during a probationary period are deemed to have been terminated with just cause and reasons, for such termination shall not be required. Contracts of employment may provide for a probationary period not exceeding three months in the case of unskilled employees, and twelve months in the case of skilled employees.

An employer or employee may terminate the contract of employment by giving notice. The minimum notice period is the same as the wage period, i.e. an employee who is paid monthly must be given a months notice. Notice also applies when an employee is on probation. Payment equivalent to the amount that the employee would have received during the period of notice may be made in lieu of giving notice.


3 Comments

  1. PABALELO NDOZI

    May you please say something about the temporary employees.

    Reply
  2. Ookeditse Dutch

    this information is really important, but i want to understand one thing here if a person might have been working and told that he/she is on probation for 2 months but the employee did not give him/her the probation letter, and still after that 3 months of probation the employer give you excuses that he/she is still drafting your contract of employment what procedures can one take if she /she now has almost a year working in the same company / organization and the company is run by foreigners because when the employer fires you you do not have any evidence to prove you were his/her employee … this kind of issues are a really problem in many work places whre foreigners abuse the rights of Batswana because there is lack of employement in Botswana

    Reply
  3. kgarebe gobotsamang

    I want to ask if your boss refuses to give you your payslip at 11months since she hired you. i finished my probation and she wrote me a letter that she hired me. now she says she cannot give me a payslip because she is still looking at me, she might dismiss me anytime.

    Reply

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