Briefing Note: Botswana’s Labour Law Reform – Strategic Implications for Employers and Investors

Overview

The Employment and Labour Relations Bill No. 10 of 2025 marks a comprehensive overhaul of Botswana’s labour framework. Consolidating the Employment Act [Cap 47:01], Trade Union and Employers’ Organisation Act [Cap 48:01], and Trade Disputes Act [Cap 48:02], the Bill introduces progressive standards for employee welfare, dispute resolution, and collective bargaining.

Key Changes and Strategic Considerations

1.⁠ ⁠Employee Leave Entitlements
•⁠ ⁠Maternity Leave: Increased to 14 weeks (from 12).
•⁠ ⁠Paternity Leave: Introduced—5 days.
•⁠ ⁠Adoption Leave: Introduced—10 weeks.
•⁠ ⁠Family Responsibility Leave: 4 days annually.
•⁠ ⁠Sick Leave: Unpaid sick leave increased to 20 days; hospitalisation leave added.

Implication: Employers must revise internal HR policies and payroll systems to reflect expanded leave categories and durations.

2.⁠ ⁠Termination and Job Security
•⁠ ⁠Fair Reason & Procedure: Mandatory for all dismissals.
•⁠ ⁠Fixed-Term Contracts: Non-renewal may constitute dismissal if renewal was expected.
•⁠ ⁠Union Activity Protection: Employees cannot be dismissed for participating in union activities—even if the union is not formally recognized.

Implication: Legal teams should reassess contract templates and termination protocols to mitigate risk of unfair dismissal claims.

3.⁠ ⁠Trade Union Recognition & Collective Bargaining
•⁠ ⁠Organisational Rights: No longer contingent on formal recognition.
•⁠ ⁠Recognition Agreements: Introduced to formalize collective bargaining.
•⁠ ⁠Right to Bargain: Codified as a statutory right.

Implication: Employers must prepare for increased union engagement and develop negotiation strategies aligned with recognition agreements.

4.⁠ ⁠Dispute Resolution Mechanism
•⁠ ⁠Mediation and Arbitration Commission: Newly established independent body.
•⁠ ⁠Choice of Forum: Referring party decides between arbitration or Industrial Court.

Implication: Legal advisors should guide clients on forum selection strategy and prepare for faster, more flexible resolution pathways.

Strategic Recommendations
•⁠ ⁠Compliance Audit: Conduct a full review of employment contracts, HR policies, and disciplinary procedures.
•⁠ ⁠Stakeholder Training: Equip HR and management teams with updated knowledge on legal obligations and dispute handling.
•⁠ ⁠Union Engagement Protocols: Develop proactive frameworks for union interaction, recognition, and collective bargaining.
•⁠ ⁠Investor Briefings: Update investment risk matrices to reflect labour-related compliance and reputational considerations.