Trade Unions
Freedom to Join and Form a Union
Botswana's Constitution protects the right to freely associate and join trade unions, with some restrictions. Membership is limited to those over 15, working in the relevant industry, and not employed by a union.
In line with article 13 of the Constitution of Botswana, no person shall be hindered in the enjoyment of his or her freedom of assembly and association, that is to say, his or her right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his or her interests.
There are a few restrictions on joining a trade union. A person cannot be a member of a registered trade union if he/she is under the age of 15 years. The member must also be an employee of the industry the trade union is concerned about. Furthermore, an employee of a trade union cannot be a member as well.
Source: §13 of the Constitution of Botswana 1966; §20 & 21 of Trade Unions and Employers’ Organization Act, 1983
Freedom of Collective Bargaining
Under the Trade Disputes Act, collective labour agreements are binding and can be terminated with written notice, becoming void one month after such notice. These agreements, covering employment terms, must be registered with the Commissioner, who notifies all parties involved.
Collective bargaining is regulated under the Trade Disputes Act. Every collective labour agreement is binding upon the parties who have entered into the agreement. A collective agreement can be terminated by any party giving written notice to all other parties, and it ceases to be binding one month after the notice is served (or longer if specified in the notice). However, such notice cannot be issued within the first six months of the agreement's enforcement unless written permission is obtained from the Minister.
Each party to a collective labour agreement or to an agreement extending or varying the terms of a collective labour agreement has to lodge a certified copy thereof with the Commissioner within 28 days from the day the agreement was concluded. The Commissioner will register one copy of the agreement lodged with him and will serve notice on each party to the agreement that he has done so.
A collective labour agreement is a written agreement relating to the terms and conditions of employment concluded between one or more registered trade unions or branches of trade unions, or where no such organization exists, the representatives of the employees concerned are to be elected and authorised by them.
Source: §2, 40 & 41 of the Trade Disputes Act, 2016
Right to Strike
In Botswana, employees can go for a strike if a dispute remains unresolved after 30 days, with a 48-hour notice required before striking. However, strikes are prohibited in essential services, and workers who disrupt essential services may face penalties.
A party to a dispute of interest has the right to strike if the dispute has been referred to the Commissioner but remains unresolved after 30 days. However, if the party referring to the dispute fails to attend a mediation meeting, then the period can be extended by 30 days. After the 30-day limit has expired, 48-hour notice of the commencement of the strike has to be given to the Commissioner and the other parties to the dispute. Furthermore, the strike must conform to the provisions of the Trade Disputes Act, rules regulating strikes, and any rules determined by the mediator.
An employee who wilfully breaches his contract of employment knowing, either alone or in combination with others, the effect of which is to deprive the public of an essential service or substantially diminish the enjoyment of an essential service by the public or endanger human life or public health or damage property, such worker is presumed to have committed an offence and is liable to a fine not exceeding P2,000 or to imprisonment for a term not exceeding 12 months, or to both.
Industrial action (strikes and lockouts) are prohibited in essential services which include the following: Air Traffic Control Services; Botswana Vaccine Laboratory Services; Bank of Botswana; Diamond Sorting, Cutting and Selling Services; Electricity Services; Fire Services; Health Services; Operational and Maintenance Services of the Railways; Sewerage Services; Water Services; Veterinary Services in the Public Service; Teaching Services; Government Broadcasting Services; Immigration and Customs Services; and Transportation and Distribution Services of Petroleum Products.
The legislation also includes in the list of essential services all those services which are necessary to the operation of any of the foregoing services.
In case of a trade dispute between employees and employers in essential services, where there is a failure to settle a trade dispute reported to the Commissioner within 21 days of the day on which the dispute was so reported, the employees, by or on whose behalf the dispute can proceed to take industrial action in furtherance of the dispute and such industrial action will not be unlawful industrial action.
Employers are prohibited from taking any persons into employment to do the work of employees who are on strike or who are locked out.
Source: §42-50 of the Trade Disputes Act, 2016
Regulations on Trade Unions
- Constitution of Botswana 1966
- Trade Unions and Employers’ Organization Act, 1983
- Trade Disputes Act, 2016
