Botswana

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2022 Score

42

Score Decrease

2020 Score

49

Rating

Total Lack of
Decent Work

Fair
Wages

60

Decent
Working Hours

60

Employment
Security

0

Family
Responsibilities

25

Maternity
at Work

0

Safe
Work

75

Social
Security

40

Fair
Treatment

60

Child &
Forced Labour

75

Trade
Union

25

1. Fair Wages
2. Decent Working Hours
3. Employment Security
4. Family Responsibilities
5. Maternity at Work
6. Safe Work
7. Social Security
8. Fair Treatment
9. Child & Forced Labour
10. Trade Union

Fair Wages

QuestionAnswerScoreLegal Basis
Does the law prescribe minimum wage rates in the country?Yes1§ 10-11, 131-142 and the Fourth Schedule of the Botswana Employment Act, 1982
Does the law require regular payment of wages?Yes1§ 2, 74, 75 & 80 of the Botswana Employment Act, 1982
Does the law require overtime compensation be at least 125% of the regular hourly rate?Yes1Section 95 of the Botswana Employment Act, 1982
Does the law require additional compensation for working on a weekly rest day?No0§ 94 and 99 of the Botswana Employment Act, 1982
Does the law require additional compensation for night work?No0No applicable legal provisions could be located

Decent Working Hours

QuestionAnswerScoreLegal Basis
Does the law stipulate general working hours as 48 hours or lower?Yes1§ 95, 97 & 105 of the Botswana Employment Act, 1982
Does the law restrict maximum working hours including overtime to 56 hours per week?No0§95 of the Botswana Employment Act, 1982
Does the law require a weekly rest of at least 24 hours?Yes1§ 93 & s.95 of the Botswana Employment Act, 1982
Does the law require paid public holidays?Yes1§99 and the Second Schedule of the Botswana Employment Act, 1982; §2 of the Public Holidays Act, 2006
Does the law require at least three working weeks of paid annual leave?No0§98 of the Botswana Employment Act, 1982

Employment Security

QuestionAnswerScoreLegal Basis
Does the law require written employment contracts or at least written employment particulars?No0§ 14, 39, 40, 43 of the Botswana Employment Act, 1982; Rule 9.4 of National IR Code of Good Practice 2002
Does the law restrict the hiring of fixed-term contract workers?No0§ 50 & 51(2)(f) of the Botswana Employment Act, 1982
Does the law limit the length of probation period including renewals to a maximum of 3 months?No0§ 20 of the Botswana Employment Act, 1982
Does the law require a 30-day notice before contract termination?No0§ 17, 18, 19 & 26 of the Botswana Employment Act, 1982
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?No0§ 27 of the Botswana Employment Act, 1982

Family Responsibilities

QuestionAnswerScoreLegal Basis
Does the law require parental leave for parents?No0No applicable legal provisions could be located
Does the law require at least one week of paid paternity leave for fathers?No0No applicable legal provisions could be located
Does the law require flexible work arrangements for workers with family responsibilities?No0Rule 9 of the Code of Good Practice: Maternity Benefits and Family Responsibility, 2002
Does the law require paid nursing breaks?Yes1§118 of the Botswana Employment Act, 1982

Maternity at Work

QuestionAnswerScoreLegal Basis
Does the law prohibits inquiring about pregnancy during recruitment?No0No applicable legal provisions could be located
Does the law require paid maternity leave of at least 14 weeks?No0§ 113, Employment Act, 2010; Rule 2, Code of Good Practice: Maternity Benefits and Family Responsibility 2002
Does the law require cash maternity benefit be at least 67% of a worker's former wage?No0§113, Employment Act, 2010; Rule 3, Code of Good Practice: Maternity Benefits and Family Responsibility, 2002
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?No0§113, Employment Act, 2010; Rule 3, Code of Good Practice: Maternity Benefits and Family Responsibility, 2002
Does the law protect workers from dismissals during or on account of pregnancy?No0§ 116, Employment Act, 2010; Rule 4, Code of Good Practice: Maternity Benefits and Family Responsibility 2002

Safe Work

QuestionAnswerScoreLegal Basis
Does the law require provision of free personal protective equipment to workers from employer?Yes1§51 of the Factories Act; Rule 11 of the National IR Code of Good Practice 2002
Does the law require the employer to train workers on health and safety issues?Yes1§29 of the Factories Act; Rule 22 of the National IR Code of Good Practice 2002
Does the law restrict work that is prejudicial to the health of the mother or the child?No0Rule 8 of Code of Good Practice: Maternity Benefits and Family Responsibility 2002
Does the law provide for employment injury benefit?Yes1§18, 19 of the Workers Compensation Act 1998

Social Security

QuestionAnswerScoreLegal Basis
Does the law provide for an old age pension?Yes1Pensions Act, 1966 (public sector) and 1996 (universal coverage); ISSA Country Profile for Botswana
Does the law provide for a dependants'/survivors' pension?Yes1§14 of the Workers Compensation Act 1998; ISSA Country Profile for Botswana
Does the law provide for unemployment benefit?No0No applicable legal provisions could be located
Does the law require paid sick leave for the first 6 months of sickness?No0§100 of the Botswana Employment Act, 1982
Does the law provide for invalidity benefit?No0Pensions Act, 1966 (public sector) and 1996 (universal coverage); ISSA Country Profile for Botswana

Fair Treatment

QuestionAnswerScoreLegal Basis
Does the law require equal remuneration for work of equal value?No0No applicable legal provisions could be located
Does the law prohibit sexual harassment in employment?No0Rule 1,3, 5 of Code of Good Practice: Sexual Harassment in the Workplace 2002
Does the law prohibit discrimination in employment matters?Yes1§23 of the Botswana Employment Act, 1982; Rule 3 of the Code of Good Practice on Emp. Discrimination 2002
Does the law allow women to do the same jobs as men?Yes1Rule 6 of the Code of Good Practice on Emp. Discrimination 2002
Does the law guarantee basic labour protections for gig economy workers?Yes1Pensions Act, 1966 (public sector) and 1996 (universal coverage)

Child & Forced Labour

QuestionAnswerScoreLegal Basis
Does the law prohibit employment of children?Yes1§2 &107 of the Employment Act, 1982
Does the law set employment entry age equal to or higher than the compulsory schooling age?No0§2, 47 & 105 of the Employment Act, 1982; §24 of the Children Act, 2009
Does the law prohibit the employment of children in hazardous work under the age of 18 years?Yes1§2 and 110 of the Employment Act, 1982
Does the law prohibit forced labour?Yes1§2 and 71, Employment Act, 1982; §114, Children’s Act, 2009; §262 of the Penal Code, 1964

Trade Union

QuestionAnswerScoreLegal Basis
Does the law allow workers to form and join unions of their own choice?Yes1§13, Constitution1966; §20 & 21, Trade Unions and Employers’ Organization Act, 1983
Does the law allow workers to bargain collectively with employers through their representative unions?No0§37(6), 40 & 41, Trade Disputes Act, 2016; CEACR, C98, Obs. 2020
Does the law provide for the right to strike?No0§46-47, Trade Disputes Act, 2016
Does the law prohibit employers from terminating employment contracts of striking workers?No0§43(3) & 44, Trade Disputes Act, 2016; CEACR, C87, DR 2020