42
49
Total Lack of
Decent Work
60
60
0
25
0
75
40
60
75
25
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | Yes | 1 | § 10-11, 131-142 and the Fourth Schedule of the Botswana Employment Act, 1982 |
| Does the law require regular payment of wages? | Yes | 1 | § 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? | Yes | 1 | Section 95 of the Botswana Employment Act, 1982 |
| Does the law require additional compensation for working on a weekly rest day? | No | 0 | § 94 and 99 of the Botswana Employment Act, 1982 |
| Does the law require additional compensation for night work? | No | 0 | No applicable legal provisions could be located |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general working hours as 48 hours or lower? | Yes | 1 | § 95, 97 & 105 of the Botswana Employment Act, 1982 |
| Does the law restrict maximum working hours including overtime to 56 hours per week? | No | 0 | §95 of the Botswana Employment Act, 1982 |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | § 93 & s.95 of the Botswana Employment Act, 1982 |
| Does the law require paid public holidays? | Yes | 1 | §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? | No | 0 | §98 of the Botswana Employment Act, 1982 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | No | 0 | § 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? | No | 0 | § 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? | No | 0 | § 20 of the Botswana Employment Act, 1982 |
| Does the law require a 30-day notice before contract termination? | No | 0 | § 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? | No | 0 | § 27 of the Botswana Employment Act, 1982 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | No applicable legal provisions could be located |
| Does the law require at least one week of paid paternity leave for fathers? | No | 0 | No applicable legal provisions could be located |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | Rule 9 of the Code of Good Practice: Maternity Benefits and Family Responsibility, 2002 |
| Does the law require paid nursing breaks? | Yes | 1 | §118 of the Botswana Employment Act, 1982 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid maternity leave of at least 14 weeks? | No | 0 | § 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? | No | 0 | §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? | No | 0 | §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? | No | 0 | § 116, Employment Act, 2010; Rule 4, Code of Good Practice: Maternity Benefits and Family Responsibility 2002 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §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? | Yes | 1 | §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? | No | 0 | Rule 8 of Code of Good Practice: Maternity Benefits and Family Responsibility 2002 |
| Does the law provide for employment injury benefit? | Yes | 1 | §18, 19 of the Workers Compensation Act 1998 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | Pensions Act, 1966 (public sector) and 1996 (universal coverage); ISSA Country Profile for Botswana |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | §14 of the Workers Compensation Act 1998; ISSA Country Profile for Botswana |
| Does the law provide for unemployment benefit? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid sick leave for the first 6 months of sickness? | No | 0 | §100 of the Botswana Employment Act, 1982 |
| Does the law provide for invalidity benefit? | No | 0 | Pensions Act, 1966 (public sector) and 1996 (universal coverage); ISSA Country Profile for Botswana |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | No | 0 | No applicable legal provisions could be located |
| Does the law prohibit sexual harassment in employment? | No | 0 | Rule 1,3, 5 of Code of Good Practice: Sexual Harassment in the Workplace 2002 |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §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? | Yes | 1 | Rule 6 of the Code of Good Practice on Emp. Discrimination 2002 |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | Pensions Act, 1966 (public sector) and 1996 (universal coverage) |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §2 &107 of the Employment Act, 1982 |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §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? | Yes | 1 | §2 and 110 of the Employment Act, 1982 |
| Does the law prohibit forced labour? | Yes | 1 | §2 and 71, Employment Act, 1982; §114, Children’s Act, 2009; §262 of the Penal Code, 1964 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §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? | No | 0 | §37(6), 40 & 41, Trade Disputes Act, 2016; CEACR, C98, Obs. 2020 |
| Does the law provide for the right to strike? | No | 0 | §46-47, Trade Disputes Act, 2016 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | No | 0 | §43(3) & 44, Trade Disputes Act, 2016; CEACR, C87, DR 2020 |
