SEPTEMBER 2026 – BOTSWANA
EMPLOYMENT AND LABOUR RELATIONS ACT, 2025
It is important that employers note the following:
Commencement of the Employment and Labour Relations Act, 2025
The Employment and Labour Relations Act, 2025 came into operation on 1 September 2026, following the Government’s announcement on 19 August 2026. This replaces earlier statements that indicated a commencement date of 1 July 2026.
The Act impacts employers in the following key areas:
- Fixed-term employment contracts:
- Fixed-term contracts are generally limited to twelve (12) months. Contracts exceeding this period must be supported by an objective justification, and employers should ensure compliance with any approval requirements prescribed by the Act.
- Fixed-term employees may not be treated less favourably than comparable permanent employees unless the difference is objectively justified, with benefits applied proportionately where appropriate.
- Leave: Expanded maternity leave and new paternity, adoption and additional paid sick leave provisions:
- Maternity leave: At least fourteen (14) weeks, with benefits of not less than 70% of basic pay and the other benefits otherwise due
- Paternity leave: At least five (5) paid days, subject to the statutory conditions
- Adoption leave: At least ten (10) consecutive weeks (child under two years old)
- Hospitalisation leave: An employee who has exhausted their ordinary paid sick leave entitlement and is medically certified as requiring hospitalisation is entitled to additional paid sick leave at basic pay, limited to twenty (20) days for each year of employment
- Dismissals and retrenchment processes:
- The Act introduces stronger safeguards around fair dismissal and structured retrenchment processes.
- Workplace compliance:
- Prohibits discrimination based on pregnancy, disability, health status and sexual orientation.
- Requires employers, in consultation with workers or their representatives, to take reasonable steps to prevent workplace violence and harassment, including gender-based violence and sexual harassment.
As at 19 August 2026, the Government indicated that regulations supporting implementation were still being finalised. Employers should monitor publication of the regulations and official guidance. They should also review employment contracts, update leave policies, reconfigure payroll and HR systems to accommodate the new leave entitlements and payment requirements, and ensure compliance with the revised dismissal, retrenchment and workplace standards.
To view the Employment and Labour Relations Bill, 2025, follow the link. At the time of publication, the enacted Act was not available through an official public online source. The Bill is provided for reference but may differ from the final legislation.
