Botswana’s recently enacted Employment and Labour Relations Act is poised to significantly reshape the country’s workplace landscape, with stronger protections against discrimination and new obligations for employers to foster inclusive labour practices.
HR Practitioner and C-Suite Corporate Advisor Peter Tladinyane revealed in a recent interview on state television that the law marks a turning point for employee rights, describing it as one of the most progressive reforms Botswana has introduced in recent years.
“The new Act changes the landscape entirely. One of the key shifts is inclusivity,” Tladinyane said.
He highlighted Sections 16 to 19 of the Act, which for the first time explicitly prohibit discrimination on grounds including race, tribe and religion while also addressing previously unaddressed issues related to sexual orientation. According to Tladinyane, the legislation not only outlines what organisations should subscribe to, but also clearly defines what they must not tolerate in the workplace.
Under the new law, employers found guilty of discrimination could face fines of up to P50,000 or imprisonment for as long as five years.
He revealed that this means organisations will now be compelled to develop frameworks that promote inclusive labour policies. Diversity and inclusion will no longer be optional with companies held liable for discrimination between employees.”
Tladinyane explained that the act encourages organisations to establish internal policies that both prevent discrimination and educate employers and employees on how to mitigate it. These policies, he said, are designed to create working environments where diversity is embedded into corporate culture.
The legislation also aligns Botswana’s labour framework with international labour standards, reinforcing protections for workers across formal and informal sectors. Tladinyane noted that in the past, attempts to introduce inclusive policies often met resistance in the absence of clear legal backing.
“I’ve experienced situations where it was difficult to implement inclusive frameworks, particularly around certain sexual orientations, because there was no law supporting those efforts. Now there is,” he said.
Another major feature of the Act is the establishment of an independent commission responsible for mediation and arbitration. The body will provide an alternative platform for resolving workplace disputes, allowing employees who are dissatisfied with how their organisations have handled grievances to seek independent intervention.
The law also introduces new guidelines governing fixed-term contracts. While such contracts may still be used, employers will now be required to justify their continuation beyond 12 months. Some provisions as fixed-term arrangements to roles that are genuinely temporary, a move aimed at curbing the long-term use of insecure contracts.
Tladinyane said these changes are intended to strengthen job security, but acknowledged that implementation will present challenges.
He shared that the main difficulty he foresees is the amount of work required from employers to develop and operationalise these policies. Stressing that organisations will need to invest time and resources to ensure compliance. The Employment and Labour Relations Act stems from Botswana’s Employment and Labour Relations Bill (2025), which recently passed into law. The reform is expected to modernise the country’s labour system by strengthening protections for workers — including those on fixed-term contracts, domestic workers and individuals in the informal sector — while placing greater compliance responsibilities on employers
