While acknowledging the ongoing workers’ rights violations in Botswana especially within the private sector, the Minister of Labour and Home Affairs, Pius Mokgware has assured that once approved, the Employment and Labour Relations bill will address all labour issues.
Presenting the Bill for second reading in parliament this week, Mokgware admitted that workers are subject to unfair labour practices at the hand of employers which include unfair dismissals/retrenchments, restrictions on union activities, poor working conditions, unpaid /low wages and discrimination.
But Mokgware who has declared his advocacy for workers’ rights assured legislators, “these issues we know are happening right now but once you have singed and approved this bill they will come to an end.”
The minister was responding to Maun East Member of Parliament, Goretetse Kekgonegile who was curious as to whether the bill is not just good on paper or will be practical in addressing challenges faced by workers in various sectors.
Kekgonegile raised concerns over the tendency of employers terminating employees’ contracts without proper cause or due process, a problem which he said is exacerbated by the fact that the labour department does not have powers to address such.
He also complained about lack of representation noting that workers in the private sector are indirectly prohibited to join unions or engage in collective bargaining as they are intimidated.
“We are in era of bargaining, but there is no consultation in the private sector on improving workers payments. Companies rely only on minimum wages provided by government even when they are able to pay more than that amount.”
Kekgonegile also claimed that workers in the hospitality industry have their wages cut as operators claim they are making losses as a result of the introduced perdium policy.
He also noted the long shift hours at mines despite workers not receiving appropriate overtime, questing if the proposed bill will address those concerns. The MP also called for the maternity benefits to be increased from the proposed 70% to 100% for purposes of gender equality.
Rising to support the bill, Minister of Local Government and Traditional Affairs, Ketlhalefile Motshewa said it’s a progressive one in the sense that it reacts to challenges that employees have been through in the past government.
Motshegwa applauded Part 11 of the Bill which provides for the Mediation and Arbitration Commission (which is an Independent Dispute Resolution Structure), with him noting that labour department used to be toothless to address workers protests.
“This should be treated as victory for workers, that there is a law coming that will address issues of unfair labour practices, strengthen social dialogue and will also allow for their grievances to be heard.”
For his part, Minister of Water and Human Settlement, Onneetse Ramogapi applauded Part 16 of the Bill which introduces provision of retrenchment package that shall be negotiated by the two parties once employment has been terminated.
“A lot of people were retrenched during covid, including those in the tourism sector, and they left without any packages as they were told companies are broke. But today the bill allows for negotiations for minimum package and this is a welcome development.”
Presenting the bill, Mokgware earlier indicated that its primary objective is mainly to address, child and forced labour, aexcessive hours of work, exploitation of workers through engagement on short term contracts and unfair dismissals. It also seeks to introduce negotiated packages during retrenchment, fair bargaining conditions between employers and workers, and paternity leave and paid sick leave.
