Employment Security

Written Employment Particulars

Contracts of employment may be oral or in writing, expressed or implied. However, any work which falls outside of Botswana or as may be specified by the Minister of Labour, the employment contract must be in writing. Worker must be given a copy of contract where employment contract is concluded in writing.

Contract of employment is to contain the full name and address of the employer, the name and occupation of the employee, the place of work, the date on which employment begins, working hours, wage, rate of overtime pay, other cash payments, when remuneration will be paid, deductions from remuneration, annual leave, sick leave, maternity benefits and leave, period of notice for termination of employment or when the contract is to terminate, the payment for working on public holidays, and the list of documents which form part of contract of employment.

The employment contract which pertains to work outside Botswana or as otherwise prescribed by the Minister for labour should all of the above and certain extra information.

Three copies of every contract of employment attested under this Act are to be attested together with the original; one copy is to be delivered to the employer, one copy to the employee and one to the labour officer of the district of employment or, where the place of employment is outside Botswana, to the appropriate government official in the district within which the place of employment is located. The original of every attested contract of employment is to be deposited with and preserved by the attesting officer.

Source: § 14, 39, 40, 43 of the Employment Act, 2010 and Rule 9.4 of the Code of Conduct

Fixed Term Contracts

The length of local fixed term contracts has not been specified under the law. Fixed term contracts are allowed for employment outside of Botswana. The maximum length of employment contract is to be 2 years. Where the employment contract is made in another country and relates to employment in Botswana, then the period of employment stipulated in any re-engagement contract of employment is not to exceed nine months or the maximum period prescribed by the law of the country of origin if it is less than nine months.

Source: § 50 & 51(2)(f) of the Employment Act, 2010

Probation Period

Employment contract provides for a probationary period for indefinite term employment contract with unskilled and skilled workers. In the case of an employment contract with an unskilled worker, the length of probationary period is 3 months. The probationary period is raised to 12 months for employment contracts with skilled workers.

An employment contract can be terminated during the probationary period by giving at least 14-day notice. In this way, the contract is deemed to have been terminated with just cause and neither the employer nor the employee is required to give any reasons.

Source: § 20 of the Employment Act, 2010