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VOLUME: X
EMPLOYMENT
CHAPTER: 47:01
Part:XIX Supplementary ss 152154
152.   Saving of proceedings under other laws

            Nothing in this Act shall prevent any employer or employee from being proceeded against according to law for any offence punishable under any other law:

            Provided that no person shall be punished twice for the same offence.

153.   Rendering of annual reports to National Assembly

            In respect of each year commencing on 1st January, the Minister shall, within one year immediately after the end of the year, lay before the National Assembly a report on the work of the department of the Government for the time being principally concerned with the regulation of employment.

154.   Power of Minister to make regulations

            The Minister may make regulations for any matter required to be made by regulations or to be prescribed under this Act or for the better carrying into effect of the purposes and provisions of this Act and, without prejudice to the generality of the foregoing, such regulations may-

     (a)     provide for the payment of compensation by employers to employees for injury arising out of and in the course of their employment where such provision is not made by some other law and for the recovery of such compensation;

     (b)     require employers to report any accident involving the death of or injury to an employee where employers are not required to do so by some other law;

     (c)     prescribe the circumstances and conditions under which persons may be employed on a short-term, fixed-term, part-time, temporary or casual basis;

     (d)     require the maintenance of registers and records;

     (e)     prescribe forms and the manner in which they or any other documents shall be produced or displayed;

     (f)      regulate the method of collecting statistics by the department of the Government for the time being principally concerned with the regulation of employment, either in co-operation with or independently of any other department of the Government, and prescribe the staff to be employed, the duties to be performed and the publications to be issued in connection therewith; and

     (g)     exempt from any obligation imposed by or under this Act to furnish information or particulars, either wholly or to the prescribed extent, any employer or employers belonging to any class or description of employers specified in the regulations.

FIRST SCHEDULE
PERSONS TO WHOM PROPERTY OF DECEASED
OR MISSING EMPLOYEE MAY BE DELIVERED

(s. 30)

1. The Commissioner

2. Any District Officer

3. Any labour officer

SECOND SCHEDULE
PAID PUBLIC HOLIDAYS

(s. 99)

1.  New Year's Day

2.  Good Friday

3.  Easter Monday

4.  1st May

5.  President's Day

6.  Day following President's Day

7.  Botswana Day

8.  Christmas Day

THIRD SCHEDULE
MINIMUM WAGES ADVISORY BOARD

(s. 131)

1. (1) The Board shall consist of eight or 12 substantive members appointed by the Minister of whom-

     (a)      two or three, as the case may be, shall be independent persons;

     (b)      two or three, as the case may be, shall represent the Government;

     (c)      two or three, as the case may be, shall represent employers; and

     (d)      two or three, as the case may be, shall represent employees.

     (2) In respect of each substantive member of the Board, the Minister shall appoint an alternate member who may act as a member of the Board in the event of the substantive member in question failing, for any reason, to attend a meeting of the Board.

     (3) ...

     (4) No person shall be appointed to be an independent substantive or alternate member of the Board unless the Minister is satisfied that he possesses the necessary qualifications to discharge his duties as an independent member properly and has no interest in any trade, section of trade, industry or section of industry specified in the Fourth Schedule of such a nature as to call in question his impartiality.

     (5) Every substantive or alternate member of the Board representing employers shall be appointed from among persons nominated by such registered organizations as appear to the Minister to represent employers in any trade, section of trade, industry or section of industry specified in the Fourth Schedule and have been invited by the Minister to make nominations for membership of the Board.

     (6) Every substantive or alternate member of the Board representing employees shall be appointed from among persons nominated by such registered organizations as appear to the Minister to represent employees in any trade, section of trade, industry or section of industry specified in the Fourth Schedule and have been invited by the Minister to make nominations for membership of the Board.

     (7) Every substantive or alternate member of the Board, other than a substantive or alternate member representing the Government, shall hold office for three years but shall be eligible for reappointment at the expiry of his term of office:

     Provided that the Minister may revoke the appointment of any such member at any time and shall revoke the appointment of such member as soon as he considers it reasonable to do so after being requested to do so by the organization which nominated that member.

     (8) Every substantive or alternate member of the Board representing the Government shall hold office at the Minister's pleasure.

     (9) Any substantive or alternate member of the Board, other than a substantive or alternate member representing the Government may, by notice in writing addressed to the Minister, resign from the Board at any time.

     (10) In the event of a vacancy in the substantive or alternate membership of the Board, whether due to the revocation of the appointment or to resignation or otherwise, the Minister shall forthwith take steps to appoint a new substantive or alternate member, as the case may be, in accordance with this Schedule.

2. (1) The Minister shall appoint a Chairman and Deputy Chairman of the Board from among the independent substantive members thereof.

     (2) The Chairman or, in his absence, the Deputy Chairman of the Board shall preside at every meeting of the Board.

     (3) The Chairman or Deputy Chairman of the Board shall, when presiding at a meeting of the Board, have both an original and a casting vote.

3. The presence of-

     (a)      the Chairman or Deputy Chairman of the Board;

     (b)      one substantive or alternate member representing the Government;

     (c)      two members representing employers, either of whom may be a substantive or alternate member; and

     (d)      two members representing employees, either of whom may be a substantive or alternate member,

shall constitute a quorum of the Board.

4. The Minister may appoint a Secretary of the Board and such other officers of the Board as he may think fit.

5. The Board may receive expert advice from such persons as it may think qualified to give that advice; but such advice shall be received equally from persons with interests associated with employers and from persons with interests associated with employees or from persons unanimously agreed by the members of the Board representing employers and the members of the Board representing employees to be impartial persons.

6. Where the Board is investigating or is about to investigate the wages in or the question of the adjustment or abolition of a minimum wage in respect of any trade, section of trade, industry or section of industry and the Minister is of the opinion that a significant number of female employees is engaged therein, the Minister shall-

     (a)      give the Board such directions as will, in his opinion, ensure that the female employees concerned are given every reasonable opportunity to make their views known to the Board, either by means of written statements or of their being heard by the Board or by both such means; and

     (b)      notwithstanding paragraph 1(1), appoint an independent female person (if one such is not already a substantive member of the Board) to be an extraordinary member of the Board who shall be entitled to take part in any proceedings of the Board in connection with the investigation of the wages or the question of the adjustment or abolition of the minimum wage concerned in place of the independent member of the Board who is neither the Chairman nor the Deputy Chairman of the Board; but she shall not take part in any other proceedings of the Board.

7. There shall be paid to members of the Board and to persons from whom expert advice is received such travelling and other allowances as the Minister may determine:

     Provided that this paragraph shall not apply in the case of public officers.

8. Subject to this Act, the Board shall regulate its own procedure.

FOURTH SCHEDULE
TRADES, SECTIONS OF TRADES, INDUSTRIES AND SECTIONS
OF INDUSTRIES IN WHICH MINISTER MAY FIX
MINIMUM WAGE

(ss. 132, 135, 136, 137)

1. Building, construction, exploration or quarrying industry or any section thereof.

2. Garage or motor trade, road transport industry or any section thereof.

3. Hotel, catering or entertainment trade or any section thereof.

4. Manufacturing, service or repair trade or any section thereof.

5. Wholesale or retail distributive trade or any section thereof.

6. Watchmen employed in the above industries and trades or any section thereof.

7. Domestic service sector.

8. Agricultural sector.

9. Security Guards employed by security companies.

 

FIFTH SCHEDULE
LABOUR ADVISORY BOARD

(s. 143)

1. (1) The Board shall consist of 12 members appointed by the Minister of whom-

     (a)      three shall be independent persons who shall not represent either employers or employees;

     (b)      three shall represent the Government;

     (c)      three shall represent employers in Botswana; and

     (d)      three shall represent the trade union movement in Botswana.

     (2) Before appointing a person to be a member of the Board to represent employers, the Minister shall consult the Botswana Confederation of Commerce, Industry and Manpower so long as the Confederation remains, in the opinion of the Minister, the organization most representative of employers in Botswana.

     (3) Where the Minister proposes to consult the Board in respect of any proposed Bill or subsidiary legislation, any organization of employers specially representative of particular interests of employers in Botswana which is of the opinion that all or any members of the Board representing employers will not adequately represent those particular interests in connection with the proposed Bill or subsidiary legislation may apply to the Minister to appoint up to three persons nominated by the organization of employers to be extraordinary members of the Board.

     (4) The Minister shall consider every application made under subparagraph (3) and shall either reject the application or grant it, either wholly or in part, and, notwithstanding paragraph 1(1), appoint one or more or all of the persons nominated to be extraordinary members of the Board, in which last case he shall, in respect of each such appointment, specify the existing member of the Board representing employers whom the extraordinary member shall be entitled to replace for the limited purpose prescribed by subparagraph (5).

     (5) Every extraordinary member of the Board appointed under subparagraph (4) shall be entitled to take part in any proceedings of the Board in connection with the proposed Bill or subsidiary legislation in relation to which he was appointed in place of the existing member specified by the Minister in his case; but he shall not take part in any other proceedings of the Board.

     (6) Before appointing a person to be a member of the Board to represent the trade union movement in Botswana, the Minister shall consult the Botswana Federation of Trade Unions so long as the Federation remains, in the opinion of the Minister, the organization most representative of employees in Botswana.

     (7) Where the Minister proposes to consult the Board in respect of any proposed Bill or subsidiary legislation, any registered trade union specially representative of particular interests of employees in Botswana which is of the opinion that all or any members of the Board representing the trade union movement in Botswana will not adequately represent those particular interests in connection with the proposed Bill or subsidiary legislation may apply to the Minister to appoint up to three persons nominated by the trade union to be extraordinary members of the Board.

     (8) The Minister shall consider every application made under subparagraph (7) and shall either reject the application or grant it, either wholly or in part, and, notwithstanding paragraph 1(1), appoint one or more or all of the persons nominated to be extraordinary members of the Board, in which last case he shall, in respect of each such appointment, specify the existing member of the Board representing the trade union movement in Botswana whom the extraordinary member shall be entitled to replace for the limited purpose prescribed by subparagraph (9).

     (9) Every extraordinary member of the Board appointed under subparagraph (8) shall be entitled to take part in any proceedings of the Board in connection with the proposed Bill or subsidiary legislation in relation to which he was appointed in place of the existing member specified by the Minister in his case; but he shall not take part in any other proceedings of the Board.

     (10) Subject to subparagraphs (5) and (9), every member of the Board, other than a member representing the Government, shall hold office for three years but shall be eligible for reappointment on the expiry of his term of office:

     Provided that the Minister may revoke the appointment of any such member at any time.

     (11) Every member of the Board representing the Government shall hold office at the Minister's pleasure.

     (12) Any member of the Board, other than a member representing the Government, may, by notice in writing addressed to the Minister, resign from the Board at any time.

     (13) In the event of a vacancy in the membership of the Board, whether due to the revocation of the appointment or resignation or otherwise, the Minister shall forthwith take steps to appoint a new member in accordance with this Schedule.

     (14) No member of the Board shall be represented by a substitute or alternate:

     Provided that where the absence of one member results in a failure to constitute a quorum of the Board, the Minister may, without consultation and notwithstanding paragraph 1(1), forthwith appoint a person representing the same interest as the absent member to be a member of the Board in place of that member so long as his presence is required at that or any subsequent meeting to constitute a quorum of the Board.

2. (1) The Minister shall appoint a Chairman and Deputy Chairman of the Board from among the independent members thereof.

     (2) The Chairman or, in his absence, the Deputy Chairman of the Board shall preside at every meeting of the Board.

     (3) Subject to paragraph 6(2), the presence of-

     (a)      the Chairman or Deputy Chairman of the Board;

     (b)      one member representing the Government;

     (c)      two members representing employers in Botswana; and

     (d)      two members representing the trade union movement in Botswana,

shall constitute a quorum of the Board.

4. The Minister may appoint a Secretary of the Board and such other officers of the Board as he may think fit.

5. The Board may receive expert advice from such persons as it may think qualified to give that advice; but such advice shall be received equally from persons with interests associated with employers and from persons with interests associated with employees or from persons unanimously agreed by the members of the Board representing employers in Botswana and the members of the Board representing the trade union movement in Botswana to be impartial persons.

6. (1) The Commissioner, or such other senior public officer directly subordinate to the Commissioner as the Minister may nominate to act on behalf of the Commissioner, shall be technical adviser to the Board.

     (2) No meeting of the Board shall take place unless the Commissioner or the other public officer referred to in subparagraph (1) is present or the Board has the permission in writing of the Commissioner to meet in the absence of both of them.

7. There shall be paid to members of the Board and to persons from whom expert advice is received such travelling and other allowances as the Minister may determine:

     Provided that this paragraph shall not apply in the case of public officers.

8. Subject to this act, the board shall regulate its own procedure.