In Botswana, labor laws are shaped by Acts, case law, Codes of Good Practice, Model Procedures, Agreements, and ILO Standards. The Employment Act provides the minimum employment rights that every employee must be granted, regardless of any agreement between an employee and their employer. Employers can offer more than what the Employment Act prescribes, but they cannot offer lessโeven if it was discussed, agreed upon, or proposed by the employee.ย
Some of the rights outlined in the Employment Act include working hours, leave days, overtime pay, severance pay, notice pay, rest days, and public holidays. The Act even specifies how long an employee must work before they can take a rest break or a rest day. When it comes to public holidays, the rules are clear, though confusion often arisesโespecially concerning public holiday declarations made by the President of Botswana. Letโs clarify this. Read on!
The law
The Employment Act clearly lists the public holidays that are to be observed as paid holidays under the Second Schedule. These holidays include New Year’s Day, Easter holidays, Labour Day, President’s holidays, Independence Day, and Christmas Day, making a total of eight paid public holidays. This is in contrast to the twelve holidays listed in the Public Holidays Act.
Therefore, any public holiday not mentioned in the Second Schedule of the Employment Act is considered an unpaid public holiday. This is supported by Section 99(1) of the Employment Act, which states: “Each of the public holidays specified in the Second Schedule shall be a paid public holiday for the purposes of this section.”
Furthermore, Section 99(3) clarifies: “Any employee who works on a paid public holiday or on a day observed as a public holiday by virtue of the provisions of subsection (2) shall be paid at least double the wages he would have been paid had the day been an ordinary working day, or be granted a paid day off in lieu of that day within 10 days immediately thereafter.”
Now that the fundamentals have been clarified, letโs address the main issue at hand.
The confusion
When a significant event occurs in the country, the President of the Republic often declares specific day(s) as public holiday(s) to commemorate the occasion. This is typically referenced under the Public Holidays Act. However, this declaration can create confusion, particularly in the private sector, where employers may wonder if these holidays apply to them as well. Should their employees report for work as usual? If they work, are they to be compensated, and if so, how?
This confusion is often exacerbated by the circulationย of official communications, such as a Savingram.
The correct interpretation
Paid public holidays are listed under the second schedule of the Employment Act, anything else is to be treatedย as unpaid and therefore a normal working day. However, every employer is at liberty to decideย whether everyย holiday is to be observed as a paid public holiday or just stick to those previously mentioned. This would then inย turn provide a guide on what would then happen if employees work on such days. Until the paid public holidaysย list is updated or changed in accordance with declarations made by the President, paid public holidays shallย remain as they are mentioned above and thus their treatment.
Contacts
If you want to join our free HR WhatsApp group or to consult, contact us on +267 75 54 67 84, +267 393 9435
or info@aupracontax.co.bw.
Paid public holidays are those listed in the Second Schedule of the Employment Act. Any holiday outside of this list should be treated as unpaid and, therefore, a normal working day. However, employers are free to decide whether all holidays, including those declared by the President, will be treated as paid holidays or if they will stick to the statutory paid holidays. This decision will guide what happens if employees work on such days.
Until the list of paid public holidays is officially updated or changed to align with the President’s declarations, paid public holidays remain as listed, and their treatment follows accordingly.
Contacts
For more information, or if you want to join our free HR WhatsApp group or consult with us, contact us at:
+267 75 54 67 84,
+267 393 9435,
or email: info@aupracontax.co.bw.
