Global HR Compliance in Botswana

If you hire international workforce, or plan to hire, then Hiring and Firing Workforce in Botswana Guide below will help you understand the nuances of labor legislation in the country.

There are two main reasons for companies hiring foreign workforce:

• Expanding into foreign markets to sell company product or products there. In this case, companies hire sales representatives who would exclusively represent their product in the target market and sell it to their local client base.
• Hiring the right foreign talent with a unique expertise, often related to IT sphere that cannot be found in the home country or that costs less compared to local specialist with similar skills.

After you have found the right candidate, the question is how to hire and provide compensation to this person so you as a business remain 100% compliant when working with global workforce. Another thing to consider is whether you want to keep the talent long-term and how you can do that.

If you need to hire foreign workforce in Botswana so you can expand there, then our Global Employer of Record solution may be of help. We help you legally hire and reward your foreign workforce by making them employees via a global employment outsourcing service. This is simple as employ your in-house workforce with the only difference that workers can live anywhere in the world and Acumen International would be their legal employer on your behalf. This means we would bear all employment risks, not you. Also, we manage bonuses, vacations, sick leave and can rent the office and a car for your foreign sales representatives if that is what you need.

With our solution, you can test new foreign markets before deciding whether you are going to get established there. You gain flexibility and expand with reduced costs, and easily withdraw from the unattractive countries.

We are experts in global workforce employment in Botswana, and our goal is to become your single provider. Instead of working with numerous local staffing agencies and legal advisors, Acumen International can solve your global business challenges and save you time, costs, and resources.

Our team of English-speaking professionals frees you from working through language nuances. Acumen International works 24/7 and can assist you whenever you need, regardless of time zones. Our goal is to create tailored labor solutions for you that are managed legally and in full compliance with the local employment laws.

With our knowledge and deep understanding of local nuances, you easily satisfy your need for skilled professionals in your global industry. With our qualified local partners, you can trust that your global workforce satisfies all local tax, social security, and immigration requirements in Botswana.

Hiring and Firing in Botswana Guide

# Employment contracts

The purpose of an employment agreement is to set out the terms and conditions of the relationship between an employer and an employee. It states the obligations they have to each other and the benefits they will receive from each other. Each agreement must be tailored to suit an individual employment relationship.

Contracts of employment may be oral or in writing, expressed or implied.

Every employer will, unless the employee has broken his contract of employment or the contract of employment becomes, without default on the part of the employer, impossible of performance, provide his employee with work in accordance with the contract of employment during the period for which the contract is binding on a number of days equal to the number of working days provided for, either expressly or by implication, in the contract of employment.

# Minimum (Statutory) Employment Rules and Regulations in Botswana

# Hours of work:
If the working week is 5 days, then the working day may not be more than 9 hours and a period of rest totaling 1-hour should be provided during the day. If the working week is more than 5 days, then the working day may not be more than 8 hours or more than 48 hours in a week. A break of at least 30 minutes must be given after 5 consecutive hours of work. A rest day of not less than 24 consecutive hours, normally including Sunday, must be given in every period of 7 consecutive days. Shift workers must be given a rest day of at least 30 consecutive hours in a period of 7 consecutive days.

# Probation period:
Employees, who are to serve a period of probation, should be informed in writing, of the length of the probationary period before entering into a contract of employment. Contracts of employment terminated during a probationary period are deemed to have been terminated with just cause and reasons for such termination shall not be required. Contracts of employment may provide for a probationary period not exceeding three months in the case of unskilled employees, and twelve months in the case of skilled employees.

# Annual leave:
A minimum of 15 working days of paid leave is given per year. At least 8 leave days must be taken within 6 months of the leave earning period. The remaining days may be accumulated for up to 3 years when they must be taken. If the contract is terminated by either party the employee must be paid for any outstanding or accumulated leave.

# Parental leave:
Female employee is eligible for maternity leave with duration 12 weeks (6 weeks before and 6 weeks after confinement) after the employer has been presented with a certificate signed by a doctor, medical nurse or a midwife. An additional 2 weeks maternity leave may be granted on account of illness arising from her confinement. During maternity leave a maternity allowance of not less than 25% of the employee’s basic pay or 50 thebe for each day of absence, whichever is greater, is payable.

# Sick leave:
An employee is entitled to a minimum of 14 working days paid sick leave in any one year of continuous employment. The employee must inform the employer as soon as possible and provide a doctor’s certificate if they are absent from work for more than 24 hours.

# Overtime:
An employee may not work more than 14 hours overtime in any one week. For normal days of work overtime is calculated at one and a half times the basic hourly rate. For rest days or paid public holidays overtime is calculated at double the hourly rate.

# State minimum salary:
The Botswana minimum wage is 3.8 Botswana pula an hour for most full-time workers in the private sector. 2.7 Botswana pula per hour for domestic workers and 550 Botswana pula per month for workers in the agriculture sector Botswana’s minimum wage was last changed in January 01, 2015.

# Employee dismissal:
An employer or employee may terminate the contract of employment by giving notice. The minimum notice period is the same as the wage period, i.e. an employee who is paid monthly must be given a month’s notice. Notice also applies when an employee is on probation. Payment equivalent to the amount that the employee would have received during the period of notice may be made in lieu of giving notice. An employee may be dismissed without notice being given when it can be proved that the employee is guilty of “serious misconduct” in the course of employment. When dealing with cases of termination of employment contracts, the Industrial Court being a Court of law and equity, considers whether such termination is on good and valid grounds by applying tests of procedural fairness and substantive fairness.

An employee who has completed 60 months of continuous employment with one employer regardless of whether the contract of employment has been terminated or not, is due to receive a “severance benefit”. This is calculated at the rate of one day’s basic pay for each month worked during the first 60 months of continuous employment and two day’s basic pay for each additional month of continuous employment. This benefit is not due to employees who will receive a gratuity or a pension at the end of their contract of employment.