Labour Administration

Trade Dispute - Arbitration

Overview

This intervention occurs when a dispute has not been settled at mediation. The consent is not required for Essential Services category employees. Referrals are to be made within thirty (30) days of the issuance of the Certificate of Failure to settle the Trade Dispute.

 

Types of disputes referred

Disputes of right

This intervention occurs when a trade dispute of right (entitlements) has not been settled at mediation. Such referral can only be made with the consent of both parties to dispute.

 

Disputes of interest

This intervention occurs when a trade dispute of interest (change in terms and conditions of employment) has not been settled at mediation with consent of both parties.  

Who is eligible?

 An aggrieved employee or employer

How do I get this service?
  • Receipt of referral of alleged dispute
  • Register the dispute with nearest Labour office and receive acknowledgement letter
  • Check availability of arbitrator
  • Collect invitation letters after allocation of dispute to arbitrator
  • Attend the arbitration meeting
  • Receive resolution/settlement of the award
  • Failure to honour award, the case is referred to Industrial Court for enforcement
What supporting documents are required?
  •  Certificate of Failure to settle
  •  Consent of referral to Arbitration
How long will this service take?

   Within thirty (30) working days

Theme for this service
Labour Administration
How much does it cost?

No cost

Meta tags

Botswana, Botswana Government, Republic of Botswana, Government of Botswana

Keywords

Trade disputes,  settlement, mediation, intervention, dispute, disagreement

Synonyms

Workplace fight, argument, fixing problems at work, trade dispute resolution, mediating, disputing, settling

Ministry submitting this Service
Ministry of Employment, Labour Productivity and Skills Development

Trade Dispute - Mediation

Overview

This intervention occurs when there is a dispute or disagreement on labour related matters between an employer and an employee or employees or employees’ representatives. Referrals are to be made within thirty (30) days of the occurrence of the Trade Dispute.

Who is eligible?

An aggrieved employee or employer

How do I get this service?
  • Registration and scheduling of alleged dispute.
  • Attend mediation meeting.
  • If applicant fails to appear for hearing, the dispute is dismissed or if good cause shown then the dismissal is reversed and matter is mediated.
  • If respondent fails to appear for mediation then the default award is issued.
  • If no response to default award within 30 days, default award is referred to Commissioner of Labour and Social Security for enforcement.
  • If responded to and good cause shown, default award is reversed and mediation resumes.

1. If referral outside 30 days

  • Application for condonation of late referral.
  • If condonation is denied dispute referred to Industrial Court.
  • If condonation is granted mediation resumes.

2. If parties agree settlement certificate is issued

  • If settlement certificate is honoured matter is closed.
  • If settlement is not honoured, dispute is referred to Commissioner of Labour for enforcement.

3. Failure to settle

  • Issuance of advisory award.
  • Issuance of certificate of failure to settle.
  • Referral to Industrial Court if it is dispute of right.
  • Referral to arbitration if dispute of interest and parties agree.

4. Referral to industrial action if dispute of interest and not essential service

  • Receipt of notification to strike or lock out.
  • Convene meeting to draw strike/lockout rules.
  • Undertake  industrial action
What supporting documents are required?

What supporting documents are required?

  • Justification for referral
  •  Proof of service
How long will this service take?

Thirty (30) working days

Theme for this service
Labour Administration
How much does it cost?

No cost

Meta tags

Botswana, Botswana Government, Republic of Botswana, Government of Botswana

Keywords

Trade disputes,  settlement, mediation, intervention, dispute, disagreement

Synonyms

Workplace fight, argument, fixing problems at work, trade dispute resolution, mediating, disputing, settling

Ministry submitting this Service
Ministry of Employment, Labour Productivity and Skills Development

Application for Certificate of Exemption

Overview

This service is extended to non-citizens that need a certificate for exemption, a person may be exempted from holding a work permit by the Minister by publishing in the Government Gazette for public information.

Who is eligible?
  • Non-Citizens who fall under the category of exempted positions
  • Investors who hold Permanent Residence
  • Investors of worth supported by Botswana Investment and Trade Centre (BITC)
What supporting documents are required?

For exempted positions?

  • Copy of job advert not older than six (6) months old
  • Contract of employment
  • Application letter for work (signed)
  • Letter of offer or appointment letter
  • Applicants’ Curriculum vitae (CV)
  • Certified copies of educational certificates. Please note that all certificates in foreign languages must be translated to English and be confirmed by Botswana Qualification Authority
  • Certified copy of a valid passport – biographic data page (picture, passport number, date of birth, birth place, expiry, etc.)
  • Two (2) x Passport-size photos (with a white background)
  • Clearance from relevant professional regulatory bodies
  • Letter from the patient’s doctor (Nurse Aid/Care taker)
  • Supporting letter from relevant Ministries for government projects
  • CV for understudies

Permanent Residence holders

Copy of Permanent Residence certificate

Investors supported by BITC?

  • See requirements for investors
  • Supporting letter from BITC
How long will this service take?

Seven (7) working days

Theme for this service
Labour Administration
How much does it cost?

BWP 1,500.00

Meta tags

Botswana, Botswana Government, Republic of Botswana, Government of Botswana

Keywords

Labour inspection , labour laws, improving work conditions , routine inspection, spot check inspection, industrial action inspection

Synonyms

Educating on labour laws, labour laws, checking for compliance with labour laws

Ministry submitting this Service
Ministry of Employment, Labour Productivity and Skills Development

Registration of Employers’ Organisation

Overview

Section 6(1) of the Trade Unions and Employers' Organizations Act, explains that every Employer's Organisation formed in Botswana, shall within twenty-eight (28) days immediately after its formation, apply to the Registrar of Trade Unions and Employers Organizations for registration.

Who is eligible?

Citizen and non-citizen companies registered in Botswana

How do I get this service?

Download, complete the Registration of employers’ organisation form and submit with supporting documents to office of the Registrar of Trade Unions and Employers Organizations.

What supporting documents are required?
  • Three original copies of the Employers' Organisation Constitution
  • A copy of resolution of formation
  • A list of full names of all members of the Employers' Organisation
  • A list of full names of executive officers
  • A written statement detailing the following:
    • Name of the Employers' Organisation
    • Postal address and location of its office
    • Date of its formation
    • Titles, full names, ages, occupations, and postal and residential addresses of the officers who signed the application
  • Minutes of resolution to form a Employers' Organisation
How long will this service take?

Sixty (60) working days

Theme for this service
Labour Administration
How much does it cost?
  • BWP10.00 fee for registration
  • BWP1.00 per word for constitution amendment
  • BWP1.00 change of officers
Meta tags

Botswana, Botswana Government, Republic of Botswana, Government of Botswana

Keywords

Trade union and employer’s organization registration, trade union, employer’s organization, constitution of trade unions, constitution amendment, officer changes

Synonyms

Forming a trade union, registering a trade union, registering an employer’s organization, forming an employer’s organization, protecting the rights of employees, formation of trade union.

Ministry submitting this Service
Ministry of Employment, Labour Productivity and Skills Development

Registration of Federation of Trade Unions

Overview

Section 6 (1) of the Trade and Employers' Organization Act, explains that every Federation of Trade Unions formed in Botswana, shall within twenty-eight (28) days immediately after its formation, apply to the Registrar of Trade Unions and Employers Organization for registration as a trade union.

Who is eligible?

Registered Trade Unions

How do I get this service?

Download, complete the Registration of Federation of Trade Unions form and submit with supporting documents to the office of the Registrar of Trade Unions and Employers Organizations.

What supporting documents are required?
  • Three original copies of the Federation’s constitution
  • A copy of resolution of formation
  •  A list of full names of all members of the Federation’s
  •  A list of full names of executive officers
  •  A written statement detailing the following:
  • Name of the Federation
  • Postal address and location of its office
  • Date of its formation
  • Titles, full names, ages, occupations, and postal and residential addresses of the officers who signed the application
  • Minutes of resolution to form a Federation
How long will this service take?

Sixty (60) working days

Theme for this service
Labour Administration
How much does it cost?
  • BWP 10.00 fee for registration
  • BWP 1.00 per word for constitution amendment
  • BWP 1.00 change of officers
Meta tags

Botswana, Botswana Government, Republic of Botswana, Government of Botswana

Keywords

Labour inspection , labour laws, improving work conditions , routine inspection, spot check inspection, industrial action inspection

Synonyms

Educating on labour laws, labour laws, checking for compliance with labour laws

Ministry submitting this Service
Ministry of Employment, Labour Productivity and Skills Development

Trade Unions Registration

Overview

Trade Union and Employers Organisations Act: Section 6 (1), explains that every Trade Union formed in Botswana, shall within twenty-eight (28) days immediately after its formation, apply to the Registrar of Trade Unions and Employers Organisations for registration.

Who is eligible?

Workers

How do I get this service?

Download, complete the Trade unions registration form and submit with supporting documents to the office of the Registrar of Trade Unions and Employers Organisations

What supporting documents are required?
  • Three original copies of the Trade Union’s constitution
  • A copy of resolution of formation
  • A list of full names of all members of the Trade Union
  • A list of full names of executive officers
  • A written statement detailing the following:     1. Name of the Trade Union.   2.Postal address and location of its office.    3.Date of its formation.    4.Titles, full names, ages, occupations, and postal and residential addresses of the officers who signed the application.    5.Minutes of resolution to form union.
How long will this service take?

Sixty (60) working days

Where can I obtain this service?

Head Office

Department of Labour and Social Security

Block 8, Government Enclave

Gaborone

Theme for this service
Labour Administration
How much does it cost?
  • BWP10.00 fee for registration
  • BWP1.00 per word for constitution amendment
  • BWP1.00 change of officers
Meta tags

Botswana, Botswana Government, Republic of Botswana, Government of Botswana

Keywords

Labour inspection , labour laws, improving work conditions , routine inspection, spot check inspection, industrial action inspection

Synonyms

Educating on labour laws, labour laws, checking for compliance with labour laws

Ministry submitting this Service
Ministry of Employment, Labour Productivity and Skills Development
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