Hiring in Botswana: the permits, the contract and a salary worked through, step by step

Move someone who is already in Botswana

A non-citizen is employed only on the conditions attached to their work permit. The permit can be varied where the employee is promoted or redeployed. A move to a new employer falls outside those conditions, so it needs a permit for the new employment.

A citizen of Botswana needs no permit. Their move turns on the notice their current contract sets, which is at least a month's notice for monthly-paid staff.

Check the role is open to a non-citizen

Each permit is decided on its own, with the interests of Botswana first. The Board looks at whether the person has the qualifications, education, training and experience to do the job well. It also looks at how a permit would affect the jobs open to citizens in that occupation.

The Board weighs the arrangements made, or to be made, to train a citizen to replace the person. Under the Employment and Labour Relations Act, an employer makes sure no citizen with suitable skills can fill a vacancy before it recruits a non-citizen.

Set the contract up right

A contract of employment can be oral or written, express or implied. A fixed-term contract, or a run of them, lasts no longer than twelve months, unless the work has a limited duration or another justifiable reason applies. An offer of a fixed term is made in writing and states the reason.

A probation period is set in advance, at a reasonable length, and lasts up to six months. The employee is told in writing before the contract is made, and the letter of offer can say it. During probation, the employer assesses the work, says where it falls short and gives the help needed to meet the standard. An appointment the employer has not confirmed, without giving a reason, is treated as confirmed.

A wage period is no longer than a month, and wages are paid no later than its last day. Wages are paid in legal tender, or into the worker's bank account with their consent.

The ordinary working day is up to eight hours, and the week up to 48. On a five-day week, the day can run to nine hours with at least an hour's break. Nobody works more than five hours in a row without a break of at least 30 minutes. Overtime is paid at one and a half times the ordinary wages. It runs to no more than 14 hours a week. Outside an emergency, nobody works more than twelve hours in a day.

Every seven days bring a rest period of at least 24 hours in a row, ordinarily including a Sunday. Work in a rest period is paid at twice the wages, or the worker can choose a day off instead. Work on a paid public holiday is paid at twice the day's wages at least, or with a paid day off within ten days.

Know the employee test before you engage a contractor

Botswana's Employment and Labour Relations Act presumes that someone who works for another person is that person's worker, whatever the contract calls them, unless they run a business of their own with that person as a client. One sign is enough. The signs are control of how they work, control of their hours, work that is an integral part of the organisation, and an average of at least 40 hours a month over three months or more. Economic dependence, tools supplied by the other person, and working for that person alone are signs too.

A non-citizen does not take up any occupation for reward in Botswana without a work permit or a certificate of exemption. A role that needs a work permit goes through employer of record.

Work out the income tax on a salary, and what the employee keeps

Take a resident employee on BWP 25,000 a month, who pays nothing into a retirement fund.

Income tax is worked out on the tax year, which runs from July to June. Each month's tax is a twelfth of the year's. The year's pay here is BWP 300,000. The bands take nothing on the first BWP 48,000, then 5% of the next BWP 36,000, 12.5% of the next BWP 36,000 and 18.75% of the next BWP 36,000. They take 25% of the rest, BWP 49,050 in all. Income above BWP 400,000 a year is taxed at 27.5%.

BURS's tables allow one deduction before tax: the employee's own contribution to an approved retirement fund. A non-resident has no nil band, and pays 5% from the first pula.

The tax withheld is paid within 14 days after the end of the month.

Every employer also insures against its liability to compensate workers injured at work, under the Worker's Compensation Act.

Know the leave your people are entitled to

End employment on the law's terms

Notice is at least a month for monthly-paid staff, and seven days for staff paid daily or weekly. A longer period can be agreed, the same for both sides. Notice is given in writing, with the reasons and the date. It is not given during leave, or to run alongside it. Either side can pay the basic pay for the notice period instead.

A termination is unfair unless the employer shows a valid and fair reason, related to conduct, capacity or operational requirements, and a fair procedure. Before a disciplinary hearing, the worker has reasonable notice and is told the charge. They can bring a co-worker or a union representative, question witnesses and give their own evidence. A worker found guilty can put forward mitigation, and is told of the right to appeal. Serious misconduct can end the contract without notice, if the employer acts within a reasonable time.

A retrenchment starts with written notice of the intention to the workers and the Director of Labour, as soon as it is contemplated. The employer discloses the relevant information and consults on the reasons, the ways to avoid it, how workers are chosen, the timing and the package. Selection is fair and, where practicable, follows first in, last out. The separation package is negotiated above the prescribed minimum.

A severance benefit is owed at a rate set by regulation. It falls due at the end of each 60 months' continuous service, or when employment ends, as the worker chooses. Where employment ends sooner, it is in proportion to service. It is not paid for a period a gratuity or pension already covers, unless the gratuity is the smaller amount.

Where the Industrial Court finds a termination unlawful, it can order reinstatement, with or without compensation, or compensation in its place. Where the dismissal rests on a ground the Act prohibits, such as pregnancy or union membership, the compensation it orders is at least six months' wages. A dispute over a termination goes to the Mediation and Arbitration Commission within 90 days.

Final pay is made within three days after the employment ends, and on the day itself where it ends without notice for misconduct. A certificate of employment is given on request, with nothing in it against the worker.

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