EMPLOYMENT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Employment (Agricultural Employees) Regulations

Employment (Casual Employees) Regulations

Employment (Domestic Employees) Regulations

Employment (Employment Cards) Regulations

Employment (Exhibition of Minister's Notices in connection with Minimum Wages) Regulations

Employment (Issue of Employment Card) Order

Employment (Labour Health Areas) Regulations

Employment (Maximum Period of Employment Security arising from Pregnancy) Order

Employment (Miscellaneous Provisions) Regulations

Employment (Procedure) Regulations

Regulation of Minimum Wages Order

EMPLOYMENT (ISSUE OF EMPLOYMENT CARD) ORDER

(section 31(1))

(13th September, 1985)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

   1.   Citation

   2.   Issue of employment card

      Schedule

S.I. 121, 1985,
S.I. 42,1992.

1.   Citation

   This Order may be cited as the Employment (Issue of Employment Card) Order.

2.   Issue of employment card

   (1) Subject to subparagraph (2) every employer within the areas listed in the Schedule hereto shall issue to each of his employees an Employment Card in accordance with the provisions of the Employment (Employment Cards) Regulations.

   (2) The provisions of subparagraph (1) shall not apply to an employee who has entered into a written contract of employment which contains better or similar terms and conditions of employment as provided for in the Act.

SCHEDULE

   Francistown

   Gaborone

   Jwaneng

   Kanye

   Lobatse

   Mahalapye

   Maun

   Molepolole

   Morupule

   Orapa

   Selebi-Phikwe

   Serowe

   Sowa

EMPLOYMENT (MAXIMUM PERIOD OF EMPLOYMENT SECURITY ARISING FROM PREGNANCY) ORDER

(section 116)

(28th December, 1984)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

   1.   Citation

   2.   Prescription of maximum period of employment security arising from pregnancy

S.I. 153, 1984.

1.   Citation

   This Order may be cited as the Employment (Maximum Period of Employment Security Arising from Pregnancy) Order.

2.   Prescription of maximum period of employment security arising from pregnancy

   The aggregate of the whole period of absence from work for which provision is made by section 113(2) and (4) of the Act and a further period of absence from work of six weeks only by virtue of section 116(1) of the Act is hereby prescribed as the maximum period of absence from work for the purposes of the latter provision.

REGULATION OF MINIMUM WAGES ORDER

(under section 137(4))

(1st June, 2016)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

   1.   Citation

   2.   Amendment of Minimum Wages Order

   3.   New minimum wages

   4.   Revocation of S.I. No. 76 of 2015

S.I. 36, 2012,
S.I. 55, 2013,
S.I. 60, 2014,
S.I. 76, 2015,
S.I. 52, 2016.

1.   Citation

   This Order may be cited as the Regulation of Minimum Wages Order.

2.   Amendment of Minimum Wages Order

   Notwithstanding the provisions of-

   (a)   the Regulation of Wages (Building, Construction, Exploration and Quarrying Industries) Order;

   (b)   the Regulation of Wages (Wholesale and Retail Distributive Trades) Order;

   (c)   the Regulation of Wages (Manufacturing, Service and Repair Trades) Order;

   (d)   the Regulation of Wages (Hotel, Catering and Entertainment Trades) Order; and

   (e)   the Regulation of Wages (Garage, Motor Trade and Road Transport), Order,

the basic minimum wages to be paid to employees in the trade or industries listed under paragraph 3 shall be as indicated in relation thereto, and the Orders mentioned herein shall be deemed to be amended accordingly.

3.   New minimum wages

   The new minimum wages for the trades or industries listed in the first column hereunder are as indicated in the second corresponding second column "”

Trade or Industry

Basic Minimum Wage

   (a)   (i)   Building, Construction Exploration and Quarrying Industries;

P5.46 per hour

      (ii)   Wholesale Distributive Trade;

P5.46 per hour

      (iii)   Manufacturing, Service and Repair Trades;

P5.46 per hour

      (iv)   Hotel, Catering and Entertainment Trades;

P5.46 per hour

      (v)   Garage, Motor Trade and Road Transport;

P5.46 per hour

   (b)   Retail Distributive Trade;

P4.85 per hour

   (c)   Watchmen employed in the above industries and trades or any sector thereof

P4.61 per hour

   (d)   Domestic service sector;

P3.03 per hour

   (e)   Agricultural sector;

P620 per month

   (f)   Security guards employed by security companies

P5 .46 per hour.

4.   Revocation of S.l. No. 76 of 2015

   The Regulation of Minimum Wages Order is hereby revoked.

EMPLOYMENT (EXHIBITION OF MINISTER'S NOTICES
IN CONNECTION WITH MINIMUM WAGES) REGULATIONS

(under section 154)

(28th December, 1984)

ARRANGEMENT OF REGULATIONS

   REGULATION

   1.   Citation

   2.   Manner of exhibiting Minister's Gazette notices in connection with minimum wages

S.I. 152, 1984.

1.   Citation

   These Regulations may be cited as the Employment (Exhibition of Minister's Notices in Connection with Minimum Wages) Regulations.

2.   Manner of exhibiting Minister's Gazette notices in connection with minimum wages

   Every employer required by section 141(1) of the Act to exhibit a copy of any notice published by the Minister in the Gazette-

   (a)   under section 132(2) or 137(2) of the Act declaring the Minister's intention to refer the matter or question of fixing, adjusting or abolishing a minimum wage to the Minimum Wages Advisory Board; or

   (b)   under section 137(4) of the Act abolishing a minimum wage,

shall exhibit, for not less than 30 days, such number of readily legible copies of the notice, together with a readily legible Setswana translation of the same, at such places on the work premises and in such manner as to be likely to ensure that all those literate employees who may be or are affected thereby are informed of the contents thereof.

   (2) Every employer required by section 141(1) of the Act to exhibit a copy of any order published by the Minister in the Gazette-

   (a)   under section 135 of the Act fixing a minimum wage; or

   (b)   under section 137(4) of the Act adjusting a minimum wage,

shall exhibit, and thereafter keep exhibited until such time as the minimum wage is abolished, such number of readily legible copies of the notice, together with a readily legible Setswana translation of the same, at such places on the work premises and in such manner as to be likely to ensure that all those literate employees who are affected thereby are informed of the contents thereof.

EMPLOYMENT (AGRICULTURAL EMPLOYEES) REGULATIONS

(under section 154)

(28th December, 1984)

ARRANGEMENT OF REGULATIONS

REGULATION

   1.   Citation

   2.   Interpretation

   3.   Special provision for agricultural employees

S.I. 154, 1984.

1.   Citation

   These Regulations may be cited as the Employment (Agricultural Employees) Regulations.

2.   Interpretation

   In these Regulations-

   "agricultural employee" means an employee employed in an agricultural undertaking principally by way of manual labour;

   "agricultural undertaking" means an undertaking or part of an undertaking engaged in cultivation, animal husbandry (including livestock production and care of cattle or cattle ranching), forestry, horticulture, running a plantation, the primary processing of agricultural products or any other form of agricultural activity.

3.   Special provision for agricultural employees

   (1) In the case of an agricultural employee-

   (a)   section 46 of the Act shall not apply where he is entering into a contract of employment in an agricultural undertaking not then employing more than 25 persons;

   (b)   section 95 of the Act shall not apply;

   (c)   section 98 of the Act shall apply as if-

      (i)   subsection (2) thereof required his employer to grant him, in respect of each period of one month's continuous employment, not less than one and a half working days' leave with basic pay;

      (ii)   subsection (3) thereof required, where at the end of any period of 12 months' continuous employment no working days' leave or less than 10 working days' leave has been taken, 10 working days' leave or the balance of 10 working days' leave, as the case may be, to be taken no later than three months immediately after the end of that 12 months' period; and

      (iii)   subsection (6)(b) were deleted;

   (d)   section 99 of the Act shall not apply; and

   (e)   no provision of the Act shall apply if the employee is employed in an agricultural undertaking in which members of the same family alone are employed.

   (2) The Commissioner may, in writing addressed to any employer of agricultural employees, restrict or limit the application of section 110 of the Act in the case of those employees for such period and subject to such conditions as the Commissioner thinks fit.

   (3) Notwithstanding any provision to the contrary made by order under section 116 of the Act, in the case of a female agricultural employee, the aggregate of the whole period of absence from work for which provision is made by section 113(2) and (4) of the Act and a further period of absence from work of four weeks only by virtue of section 116(1) of the Act is hereby prescribed as the maximum period of absence from work for purposes of the latter provision.

   (4) Notwithstanding any provision to the contrary contained in other regulations made under the Act, no employer of agricultural employees shall be required to keep any records, books or accounts in respect of those employees:

   Provided that the Commissioner may, by notice in writing served on any such employer, require the employer to furnish the Commissioner in writing, within a reasonable time to be specified in the notice, with so much of such information as the employer would, apart from this subregulation, have been required to record in respect of those employees as the Commissioner shall specify.

   (5) Where any employer of agricultural employees is required by the Commissioner under the proviso to subregulation (4) to furnish the Commissioner with information, the employer may require the assistance of the Commissioner or a labour officer in complying with the Commissioner's requirement.

   (6) Any employer of agricultural employees who fails, without reasonable excuse, to comply with a requirement made of him by the Commissioner under the proviso to subregulation (4) shall be guilty of an offence and liable to a fine not exceeding P1 000 or to imprisonment for a term not exceeding six months, or to both.

EMPLOYMENT (EMPLOYMENT CARDS) REGULATIONS

(under section 154)

(28th December, 1984)

ARRANGEMENT OF REGULATIONS

   REGULATION

   1.   Citation

   2.   Interpretation

   3.   Procedure for issuing employment card

   4.   Production and inspection of employment cards and copies

   5.   Penalties

      Schedule - Employment Card

S.I. 155, 1984.

1.   Citation

   These Regulations may be cited as the Employment (Employment Cards) Regulations.

2.   Interpretation

   In these Regulations, "employment card" means an employment card such as is referred to in section 31 of the Act.

3.   Procedure for issuing employment card

   Where an employer is required by the Commissioner of Labour under section 31 of the Act to issue an employment card, the employer shall-

   (a)   prepare an employment card in the form set out in the Schedule and ensure that it contains all the particulars indicated therein;

   (b)   having performed the duties imposed by paragraph (a), prepare one true copy of the employment card;

   (c)   sign both the employment card and the copy thereof and then ensure that both documents are also signed by the employee; and

   (d)   deliver the employment card to the employee for safe keeping by him and retain the copy thereof for safe keeping with his records.

4.   Production and inspection of employment cards and copies

   (1) The Commissioner or any labour officer may, at any time during ordinary working hours, require any employer forthwith-

   (a)   to produce from his records, for inspection by the Commissioner or a labour officer, any copy of any employment card retained by the employer in terms of regulation 3; and

   (b)   to provide the Commissioner or a labour officer with a true copy of the same.

   (2) The Commissioner or any labour officer may require any person claiming or reasonably believed to be the holder of an employment card-

   (a)   immediately to produce the card for inspection by the Commissioner or a labour officer (if that person has the employment card on his person); or

   (b)   to produce the card for inspection by the Commissioner or a labour officer at such reasonable place and within such reasonable time as the Commissioner or a labour officer shall specify (if that person does not have the employment card on his person).

   (3) Any employer or other person of whom a requirement is made under this regulation shall comply with the same.

5.   Penalties

   (1) Any person who fails, without reasonable excuse, to comply with any provision of these Regulations shall be guilty of an offence and liable to a fine not exceeding P200.

   (2) In any proceedings in respect of an offence under this regulation, the court shall presume, unless the contrary is proved, the absence of a reasonable excuse on the part of the person charged with the offence.

SCHEDULE
EMPLOYMENT CARD

EMPLOYMENT ACT

(Cap. 47:01)

(section 31)

EMPLOYMENT (EMPLOYMENT CARDS) REGULATIONS

(regulation 3(a))

1.   Full name of employer ...................................................................................................

2.   Postal and locational addresses of employer ...................................................................

.........................................................................................................................................

3.   Full name of employee ...................................................................................................

4.   Residential address of employee ....................................................................................

5.   The above named employee, having entered into a contract of employment with the above named employer, commenced employment under the contract on the ................................
day of ............................................................................ 20 .......................................
and in terms thereof works at .........................................................................................

(locational address of work place)

   as or in the capacity of ...................................................................................................

(nature of employee's occupation)

6.   The following are the other terms or conditions of employment under the said contract of employment-

   (a)   Period contract ....................................................................................................

(term unless unspecified)

   (b)   Ordinary wage rate ...............................................................................................

   (c)   Pay interval .........................................................................................................

(daily/weekly/fortnightly/monthly)

   (d)   Usual hours of work: from ......................................... to ........................................

from ......................................... to .......................................

   (e)   Number of paid public holidays a year ....................................................................

   (f)   Number of days paid leave a year ..........................................................................

   (g)   Number of days permitted sick leave a year ...........................................................

   (h)   Overtime (regular or occasional) to be worked .........................................................

   (i)   Overtime wage rate ..............................................................................................

   (j)   Notice period .......................................................................................................

   (k)   Any other explicit terms or conditions of employment (e.g. rations, gratuity, bonus, free housing, transportation, etc.)

      ...........................................................................................................................

      ...........................................................................................................................

      ...........................................................................................................................

      ...........................................................................................................................

      ...........................................................................................................................

      Dated at ......................... this ................. day ...................... of 20 ......................

.....................................................
      
(signature of employer)

..................................................................
(signature or mark of employee)

..................................................................
(signature of witness to mark, if any)

      Full name of witness ............................................................................................

      ...........................................................................................................................

      Postal address and/or residential address of witness ..............................................

      ...........................................................................................................................

EMPLOYMENT (DOMESTIC EMPLOYEES) REGULATIONS

(under section 154)

(28th December, 1984)

ARRANGEMENT OF REGULATIONS

   REGULATION

   1.   Citation

   2.   Special provision for domestic employees

S.I. 156, 1984,
S.I. 118, 2014.

1.   Citation

   These Regulations may be cited as the Employment (Domestic Employees) Regulations.

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