Employment

Employment

Employment

Division

The employment landscape in Botswana is dynamic, and compliance is just the first step. The Employment Law practice goes beyond ensuring you meet legal requirements. We help you navigate this changing environment to create a win-win for your business and your employees, fostering a thriving workplace culture.
Our team boasts extensive experience across a wide range of employment issues. We can guide you through complex restructurings, redundancies, and business transfers, while also facilitating productive union negotiations and crafting effective policies. Considering the deep understanding of the intricacies of Botswana's legal framework, including the interplay of labour and social issues and the strong culture of collective bargaining, allows us to provide strategic and informed advice.

Whether you're facing collective disputes, disciplinary hearings, or questions on employee benefits, incentives, occupational health and safety, or skills development, we provide comprehensive and practical advice tailored to your specific needs. We are dedicated to keeping you informed about the latest employment law developments through regular industry publications and training sessions. This ensures your organization remains at the forefront of best practices.

With a longstanding reputation as a leader in Botswana's employment law field, our team's unparalleled breadth and depth of knowledge provide clients with a strategic advantage. We are your trusted partner in navigating the complexities of employment law and building a thriving workplace that fosters success for both your business and your employees.

Consulting

Employment Law Advice & Opinions: We provide insightful legal advice and opinions on a wide range of employment matters, from corporate restructuring to performance management.
Commercial Issues with Employment Implications: We help you navigate the intersection of commercial decisions and their potential employment law implications.
Corporate Restructuring & Retrenchment: We guide you through the entire restructuring process, including offering step-by-step guidance, managing consultations, drafting essential documentation, and representing you at bargaining council meetings.
Disciplinary Procedures: Our team assists with drafting notices, preparing for hearings, and representing you at disciplinary proceedings (when permissible).
Performance Management: We offer strategies for managing underperforming employees, including the introduction of performance management systems and employee grading processes.
Transfer of Business as a Going Concern: We advise on valuation, apportionment of liability, and restructuring during business transfers, ensuring a smooth transition and compliance with relevant regulations.
Mergers & Employee Impact: We facilitate the employee consultation process during mergers, prepare impact reports, and support your merger filing with the Competition Commission.
Employment Law Acts: We stay up to date on essential employment law legislation, including the Basic Conditions of Employment Act (BCEA), Employment Equity Act (EEA), Compensation for Occupational Injuries and Diseases Act, Employment Services Act, and Occupational Health and Safety Act (OHSA). We can advise you on your obligations and ensure compliance with each.

Corporate Immigration

General Work Permits: Obtain the necessary permits for skilled professionals from outside Botswana.
Intra-Company Transfer Work Permits: Facilitate the smooth relocation of employees within your organization.
Special Skills Work Permits: Secure permits for highly specialized roles where local skills are unavailable.
Family Visas: Help spouses and dependent children obtain the necessary visas to join their loved ones in Botswana.
Study Permits: Support the educational pursuits of international students.
Permanent Residence: Guide individuals through the process of obtaining permanent residency in Botswana.
Temporary Residence: Assist with securing temporary residence status for those with specific needs.
Immigration Regulations & Updates: Stay ahead of the curve with our up-to-date knowledge of Botswana's Department of Home Affairs requirements.
Legal Queries & Support: We address your legal questions regarding immigration processes and ensure you have the information needed to make informed decisions.

Employee Benefits

Independent Contractors & Fringe Benefits: We clarify the application of pay-as-you-earn (PAYE) to independent contractors and fringe benefits, ensuring you meet all tax reporting requirements.
Share Schemes & Employer Benefits: We provide clear guidance on the tax implications of share schemes and other benefits employers are required to offer, minimizing potential tax liabilities.
Non-Compliance Identification: We help you identify areas of potential non-compliance with tax regulations related to employee benefits.
Benefit Restructuring: Our team can assist with restructuring your employee benefit programs, including share incentive schemes, to optimize tax efficiency and minimize tax burdens.
Pension & Provident Funds: We provide comprehensive support with pension and provident funds, as well as other retirement benefits for your employees.

Dispute Resolution & Compliance

Comprehensive Representation: We represent you in all employment-related forums, including the Department of Labour Arbitrations, Industrial Court, High Court, and Court of Appeal.
Department of Labour Liaison: We handle interactions with the Department of Labour on your behalf, streamlining the process and ensuring a smooth resolution.
Unfair Dismissals, Labour Practices & Discrimination: Challenge wrongful terminations, unfair labour practices, and workplace discrimination. We fight for fair treatment and a just outcome.
Wage & Benefit Disputes: Recover unpaid wages, overtime, leave pay, and severance pay you are rightfully entitled to.
Retrenchments: We guide you through retrenchment processes, addressing issues like unfair dismissals, restructures, industrial action, severance benefits, trade disputes, and employer-employee relations.
Disciplinary Proceedings: We assist with disciplinary hearings, ensuring fair procedures and protecting your rights.