01/07/2026
LABOUR LAW IMPLEMENTATION
Business Botswana has advised employers and the business community that the Employment and Labour Relations Act (ELRA) will not be feasible for implementation from today, citing outstanding regulatory and procedural issues.
The organisation notes that:
No official written confirmation has been received regarding the Act’s commencement.
Draft regulations to operationalise the Act have not yet been shared for consultation.
Employers have not been provided with implementation guidelines or transitional arrangements.
Business Botswana says it remains engaged with the Ministry of Labour and Home Affairs to ensure a consultative and practical rollout of the Act once supporting regulations are finalised.
Meanwhile, Labour Minister Pius Mokgware says the Act consolidates previously fragmented labour laws under a single comprehensive framework. He urged employers to prepare for several changes introduced by the new legislation, which modernises worker rights, aligns with international labour standards, and strengthens enforcement mechanisms.
Mokgware said the law limits fixed‑term contracts to 12 months unless objectively justified, and requires that contract workers be treated equally to permanent staff. He cautioned employers to ensure all workers — including house helpers, construction workers, and farm labourers — have signed contracts, warning that failure to comply will attract penalties.
The Minister added that the Act establishes a unified mediation and arbitration commission to streamline labour disputes and safeguard fair dismissals through structured retrenchment packages.
He also stressed the importance of timely salary payments, warning that employers who fail to pay staff will face a P10,000 fine or up to 12 months imprisonment. The law further empowers the Director of Labour to sell an employer’s assets to recover unpaid wages.
