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.



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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.


17 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
  4. Ngwako

    I want to know that if the company,,terminate your agreement contract”while contract is not yet ended”’does the company support to pay u the left months”that are left in ur agreement contract

    Reply
  5. Nicholas Manabalala

    Government employees appointed on temporary basis do they benefit the same as those on permanent basis of the same appointment

    Reply
  6. oarabile v sebodu

    i want to no if u leave a private company are they pay u all your pansions

    Reply
  7. Sekgele Sarafina Gaatlale

    i want to ask about leaves and day offs.. if you are not entitled to those what should be done

    Reply
  8. OnlineMedicineInfo.com

    After three years, one weeks’ notice must be given for each year worked, to a maximum of eight weeks.

    Reply
  9. OITLOGETSE KOTOPO

    I am not entitled to any overtime allowance and not a shift worker current shift is 430 during working days .there are times I cover weekends .IF I were to be paid by offs how many offs does 8 hours earn?

    Reply
  10. SARAH GABOLELWE

    I WANT TO KNOW ABOUT BENEFITS ENTITLED TO EMPLOYEE AFTER RESIGNATION GIVEN ONE MONTH NOTICE. THE COMPANY CLOSES 21 DECEMBER AND OPENS ON JANUARY 08-09 AND OPENS NORMALLY ON THE 14 JANUARY AND WE ARE TO TAKE IT AS OUR LEAVE DAYS. PLEASE HELP ME

    Reply
  11. Motalepula

    I was hired by Maun lodge in 2017 so last week this year thy asked me to go to mokoro lodge as its also a part of maun lodge i told um not guin ther cauz I was hired by Maun lodge,I went to the general manager to ask for help he told me I wont give there so the next day my boss gave me first warning letter for not guin to mokoro,I accepted it the next day again he came to me again to ask me to go to mokoro i told him um not guin ther he even threatened me tht I will be creating a big problem for ma self I will end up being dismissed,so I got scared thy gave me a letter of red employment to mokoro for two weeks,I asked the HR wat does red employment mean she told told me that It means I will be guin to work at mokoro,so to my own research and understanding it meant a different thing from wat she said ad girl on ad sign the though I was not happy about,it ad I asked my boss that I want to see the general manager he told me again if um duin tht i will be creating troubles for ma self so plz help me wat do I do about this please ,

    Reply
  12. Kagisano

    Should the company take 10 days from our leave days whilst they are closing for holidays?

    Reply
    1. johnk7 Author

      Yes

      Reply
      1. Precious3

        My employer is closing for holidays on the 20th December and reopening on 6th Jan. We (employees) were told salaries would be cut for the non-holiday days in between the 20th Dec and 6th Jan.
        Is this allowed?
        Someone told me i should establish it theyre not payed leave days?
        How days payed leave work?
        and how does it enable my employer to be able to deduct my pay for days I ddnt choose not to be working.?

        Someone PLEASE explain.

        Reply
  13. Shivnarayan Choudhary

    I would like to know’If Employees are doing over time same working days organisation has to pay 1.5 time more & on weekly off or paid holidays has to pay 2 times but if employees used to absent him self and in this situation employer going to be loose his business.hence employer would be able to make policy if employees getting absent himself that means some of employees has to do over time to full fill that absent employee work So that one who employees did over time that money has to recover by the employees one who has been absent. is possible to do like this in Botswana?

    Reply
  14. SNC

    if employer calling employees 10 minute before to their duties time for shift hand over purpose or security check up. is that 10 minute has to pay by employer? But note that employees will start their work at their duties time not 10 minute before.

    Reply

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