POLICY SHIFT

Trade Union representatives, the business community and government were locked in intense discussions last week to formulate regulations for the recently passed Employment and Labour Law.Minister of Labour and Home Affairs, Major General Pius Mokgware (Ret), said at the start of the discussions that they expect to have completed the regulations soon with a view to starting to implement them within a month.Mokgwere said that for the first time in Botswana, there is a law that not only focuses on Labour, but also on Employment. He views the Employment part of the law as critical because it guides how employment should be conducted in Botswana.“We do not want employment that discriminates against people based on race, colour, or tribe. Employment should be transparent, fair and inclusive, and should not disadvantage anyone,” Major General Mokgware said.His view is that the regulations should not be one size fits all, as Botswana has different sectors that demand different regulations. He added that regulations that govern the manufacturing industry may not apply to security companies or cleaning companies, for example.The Minister revealed that in an effort to improve productivity, the business community, together with the government, agreed on the privatisation of some services like cleaning and security; however, this has placed workers at a disadvantage.The Labour Department has discovered that some security and cleaning companies that tender for government work often escalate wages but, in the end, pay workers little.“For example, a company would propose that they will pay a worker P4800, but soon after the government pays, they then go and pay a worker a minimum wage of P1500,” he said.He added that had such a cleaner or security officer been employed by the government directly, they would be better off at a pay of P2,225. “This arrangement benefits private companies, while Batswana are left in poverty.”Minister Mokgware announced that the Department will soon convene a meeting with security and cleaning services companies to discuss their concerns regarding wages, conditions of services, as well as tools of trade that are often not provided to workers.While the law has been changed to suit the 24-hour economy that Botswana aspires to have, the Minister said the regulations should adequately capture how it will be conducted.Further, that no Motswana should work more than eight hours and use overtime to augment their salary.“No worker is effective after eight hours of work, as productivity levels drastically reduce. It is unacceptable for an individual to work for 12 hours non-stop,” he said, adding that the regulations should stipulate that a worker in Botswana should only work eight hours, and make provisions for more shifts.The minister said the new law stipulates that a minimum contract is 12 months, and that regulations should ensure that this is implementable.He raised concerns that some companies fire workers in the name of restructuring, and use Section 25 of the Employment and Labour Act to inform the Department of Labour.“We do not want to see these uncalled-for retrenchments in companies that evidently perform well,” Mokgware added.He said that regulations should ensure that there is a benefit to both the employer and the employee following negotiated packages, where workers are retrenched after long years of service, rather than just paying a worker three or 12 months' salary.He said, though clearly stipulated in the Law, non-payment of salaries is common in some Botswana companies, stating that failure to pay a worker is a criminal offence.“We will take action against all employers who fail to pay workers. Some penalties are stipulated by law,” Minister Mokgware said.He added that some companies give excuses that they have not been paid by the government, therefore believe that they should not also pay workers. “Workers should also report employers if they do not pay them.”He reminded all stakeholders that they should also give attention to the Occupational Health Policy that seeks to ensure that all workplaces are conducive for workers and that the health of workers is apriority.He expressed concern that Botswana continues to score low in productivity and work ethic. “As we formulate these regulations, let us pay attention to these,” he said.

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POLICY SHIFT