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> GOVERNANCE - home > Employment protection legislation database - EPLex > Botswana

Botswana - Procedural requirements for individual dismissals

Procedural requirements for individual dismissals - Botswana - 2018    

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Notification to the worker to be dismissed: written

  • Sec. 18 (5) of the EA : Subject to the notice period specified in the employment contract, a written notice of intention to terminate the contract shall be given to the employee on a working day that will be included in the notice period. . However, it may also be given orally by either party if he is illiterate. See sec. 26 EA for conditions under which an employer may terminate an employment contract without notice.

Pay in lieu of notice: Yes

  • Sec. 19 (a) of the EA. either party to a contract of employment may terminate the contract without giving such notice by paying to the other party a sum equal to the amount of basic pay which would otherwise have accrued to the employee during the minimum lawful period of such notice.

Notification to the public administration: Yes

  • Sec. 25(2) of the EA: when an employer forms an intention to terminate contracts of employment for the purpose of reducing the size of his work force, he shall forthwith give written notice of that intention to the Commissioner.

    A "Commissioner" means in the EA the Commissioner of Labour referred to in section 3 or any person acting in or lawfully performing the functions of his office.

Notification to workers' representatives: No

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No