Botswana Introduces Significant Employment Law Reforms

By Keneilwe Mere, Moribame Matthews 

Botswana’s Employment and Labour Relations Act, 2025 introduces substantial changes to the country’s employment law framework. It consolidates employment standards, labour relations and dispute resolution, with implications for employment contracts, workplace policies and day-to-day employment practices.  

Worker classification, fixed-term contracts, leave, disciplinary procedures, retrenchments and employee representation are among the areas requiring attention. 

Greater scrutiny of worker classification 

The Act places greater scrutiny on how workers are classified. A person may be presumed to be an employee where the working relationship demonstrates elements of control and dependency, regardless of the title attached to the arrangement.  

This makes it important to reassess arrangements with consultants, agents, contractors and others working outside traditional employment structures. Incorrect classification may give rise to employment law obligations and associated legal risk. 

Fixed-term contracts under closer scrutiny 

Fixed-term contracts exceeding 12 months are not permitted unless there are justified reasons for longer periods and the consent of the Commissioner of Labour has been obtained. Repeated or unjustified renewals create compliance risk and employers that routinely renew fixed-term arrangements, should consider the provisions of the new Act and whether there remains a sound legal basis for doing so. 

Probation arrangements also require attention. Statutory limits apply and a fair process, including appropriate feedback and support, should be followed before employment is terminated during probation. 

Stronger workplace protections 

The Act strengthens employee protections in a few areas, including workplace equality and non-discrimination, protection from violence and harassment, freedom of association and employee representation.  

Existing workplace policies will need to reflect these obligations, with managers equipped to apply them consistently in practice. 

The Act also addresses child labour. Employment of children under 15 is prohibited, with further restrictions applying to young people who may legally be employed. Recruitment procedures should include appropriate age verification and record keeping.  

Leave policies and payroll systems 

Changes to leave entitlements may require updates to both employment policies and the systems used to administer them. 

Maternity, paternity, adoption, family responsibility and hospitalisation leave provisions should be reviewed, together with the HR and payroll processes used to record and administer these entitlements. 

Dismissal, discipline and retrenchment 

Fair procedure remains central to disciplinary matters and termination of employment. Reasons for dismissal should be lawful, fair and properly documented, while the Act strengthens protections relating to unfair and constructive dismissal. 

Retrenchment processes also require proper consultation and procedural fairness. This places greater emphasis on the quality of internal procedures, decision-making and record keeping, as well as the policies themselves. 

Unions and collective bargaining 

The Act reinforces freedom of association and recognises collective bargaining rights and trade union processes. 

Managers dealing with unions and employee representatives need to understand the applicable procedures, including those governing industrial action and collective engagement. 

Reviewing existing employment practices 

The reforms call for a broader review of existing employment arrangements. Contracts and fixed-term templates should be considered alongside consultant and contractor arrangements, HR policies, disciplinary and grievance procedures, leave provisions and payroll systems. 

Manager training and record keeping should form part of that review. Compliance will depend not only on having the right documents in place, but also on how employment decisions are made, implemented and recorded across the organisation. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.