THE EMPLOYMENT AND LABOUR RELATIONS ACT, 2025: WHAT EVERY EMPLOYER NEEDS TO KNOW
INTRODUCTION
Botswana’s labour legislative framework has historically centred on three main acts being Employment Act (Cap. 47:01), Trade Disputes Act, 2016, and the Trade Unions and Employers’ Organisation Act (Cap. 48:01) together with their respective Regulations. These statutes set out minimum employment and labour standards relating to the regulation of contracts, dispute resolution mechanisms, and workplace rights.
In recent years, social, economic, and international pressures have called for legislative reforms which led to the enactment of the Employment and Labour Relations Act, 2025. This Act represents an alignment of Botswana’s employment and labour laws with both domestic constitutional principles and International Labour Organization (ILO) standards, whilst simultaneously consolidating all the labour and employment legal framework into one act that governs all, including the informal sector economy and the public service.
The primary object of the New Act is to uphold economic efficiency, productivity and social justice as a means of promoting sound labour relations, regulating industrial disputes and actions as well as giving effect to constitutional provisions on labour matters.[1]
For employers, this is greater than a legislative reform, but rather represents a significant shift towards stricter compliance, enhanced employee protections, and increased accountability. Employers will be expected to take a greater initiative in developing their policies and managing working environments, or they will risk incurring substantial financial and legal consequences.
This paper constitutes a comprehensive breakdown of the New Act, explaining the direct implications of the new provisions on employers. / Download the rest of the publication here
[1] Employment and Labour Relations Act 2025, s4