Prohibition on Forced and Compulsory Labour
Botswana's Employment Act defines forced labour as work done under threat without consent, with exceptions for civic duties and emergencies. Engaging in forced labour or trafficking carries heavy fines and prison sentences, with harsher penalties for repeat offenses.
Under the Employment Act, 1982 (Cap. 47:01) defines forced labour as all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself voluntarily. However, it does not include labour required in consequence of a sentence or order of a court, required of any person while the person is lawfully detained, and that which is reasonably necessary in the interest of hygiene at the place at which that person is detained; required of a member of a disciplined force as the member's duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, required by law of such person in place of such service; required during any period of public emergency or calamity which threatens the life and well-being of the community; or reasonably required as part of normal communal or other civic obligations.
A person who exacts, imposes, causes or allows forced labour for his benefit or the benefit of any other person is guilty of an offence and is liable to be fined not exceeding P2,000 or be imprisoned for a term not exceeding 18 months or to both.
Any individual who, during the act of human trafficking, subjects another person to slavery or forced labour commits an offence punishable by a fine or imprisonment, or both. Any person who buys and engages in the service of a trafficked person is liable to a fine not exceeding P100,000 or to an imprisonment for a term not exceeding 15 years or both. On a subsequent conviction, there is to be a fine not exceeding P400,000 or imprisonment for a term not exceeding 20 years.
Source: §2, 70, 151 of the Employment Act, 1982 (Cap. 47:01) and 9 & 12 of the Anti-human Trafficking Act, 2014
Freedom to Change Jobs and Right to Quit
Botswana provides workers freedom to change or quit jobs after fulfilling notice requirements based on service length, ranging from one day to six weeks.
An indefinite-term employment contract may be terminated by either employer or employee where the wages are payable for a period not exceeding a day at the close of any day's work without notice. Where the wages are payable for any period exceeding a day, the employment contract may be terminated at any time as long as notice has been given to the other party. Where the wages are payable for a period exceeding one day but less than a week, then notice must be at least one day. Where the wages are payable for more than one week but less than two weeks but the employee has been in continuous service for 2-5 years, then the minimum length of notice is to be two weeks. Where the wages are payable in respect of a period exceeding one week but not more than a month and the employee has been in continuous employment for 5-10 years, then the minimum length of the notice is to be one month. Where wages are payable in respect of a period exceeding a day and the employee has been in continuous employment for 10 years or more, the minimum length of notice is to be six weeks.
Source: §18 of the Employment Act, 1982 (Cap. 47:01)
Inhumane Working Conditions
The general working hours are 8 hours a day and 48 hours a week. The overtime hours are 14 hours per week. Thus, the maximum working hours per week, including overtime, are 62. The Minister for Labour may declare that 14-hour overtime restriction does not apply to employees in some industries or undertakings. Similarly, a ministerial order may prescribe the maximum number of hours that may be worked, such as overtime over any given period.
Source: §95 of the Employment Act, 1982 (Cap. 47:01)
