Fair Treatment

Equal Pay

There is no provision concerning equal pay in the Employment Act, 2010.

Non-Discrimination

Discrimination has been defined to include but not limited to discrimination on the basis of race, tribe, place of origin, national extraction, social origin, marital status, political opinions, sex, colour or creed.

An employment contract cannot be terminated on grounds of employee’s race, tribe, place of origin, social origin, marital status, gender, sexual orientation, colour, creed, health status or disability.

Under the Code of Conduct, no employee or employer can discriminate against any employee in any employment policy or practice. Furthermore, employee with HIV/AIDS are not to be discriminated against allocation of employee benefits or be dismissed on the basis of their HIV/AIDS status.

Source: § 23 of the Employment Act, 2010 and Rule 3 of the Code of Conduct and Rule 8 & 9 of the Code of Good Practice: HIV/AIDS and Employment. 

Equal Choice of Profession

No discriminatory provisions could be located under the Constitution of Botswana or Employment Act. It is the employer’s responsibility to ensure that there is equal opportunity in the workplace. The employer is to adopt, communicate, implement, monitor and review policies to eliminate discrimination and the following guidelines on specific issues.

Source: Rule 6 of the Code of Conduct

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