BOTSWANA RESOURCE SECTOR CONFERENCE

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• BOTSWANA RESOURCE SECTOR CONFERENCE
• MINISTRY OF LABOUR HOME AFFAIRS
• DEPARTMENT OF LABOUR AND SOCIAL SECURITY

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• MANDATE
• To implement labour laws and policies.
• Functions include
• Resolution of trade disputes
• Processing of work permits
• Monitoring training and localisation
• Labour inspections

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• Registration of trade unions and employers
  organisations
• Job seeker registration and placement
• Registration of collective labour agreements

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• EMPLOYMENT OF NON-CITIZENS
• All jobs are for citizens.
• Government acknowledges the shortage of certain
  skills in local labour market.
• If it is not possible to get skills within the
  country, then suitable skills can be sourced from
  outside the country.

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• Arrangements must be made to transfer skills to
  locals so that can localise expatriate held
  positions at some future day.
• Training and localisation programme
• Localisation cannot be promoted at the expense of
  efficiency and productivity
• Issuance of work permits is very much dependant
  on employers adherence to the localisation
  policy.

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• TRAINING AND LOCALISATION PROGRAMME.
• Its a document drawn by employer which shows how
  locals will be trained and when expatriate held
  positions will be localised.
• Programme should be discussed with workers
  representatives, before being adopted in a
  meeting involving representatives of workers,
  employer and Commissioner of Labour
• Once adopted, it becomes an agreement among the 3
  parties.

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• WORK PERMIT
• It authorises a non-citizen to work or operate
  business in Botswana.
• There is one application form for work and
  residence permit.
• Applications are considered by Regional
  Immigrants Selection Boards, with appeals to
  National Immigrants Selection Board and the
  Minister.
• Work permits are not transferable.

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• FACTORS CONSIDERED IN ASSESSING APPLICATIONS
• Availability of suitable candidates in the labour
  market.
• Whether the applicant meets the requirements for
  the job.
• Authenticity of information/supporting documents.
• Progress on training and localisation.
• Compliance with other laws.
• Security considerations.
• Contribution to the economy

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• STATISTICS
• Year 2005
  2006
• No. of applications 11772 8802

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• CHALLENGES
• Turnaround time for processing applications is
  approximately 6 weeks.
• While trained artisans are available, in most
  cases they lack experience.
• Some expatriates are neither keen to train
  citizens nor to localise expatriate held
  positions.
• Some employers furnish false information when
  they apply for work permits.

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• MEASURES FOR IMPROVEMENT
• Process re-engineering
• Opening to international economy

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• RESOLUTION OF TRADE DISPUTES
• A trade dispute includes-
• An alleged dispute
• A dispute between unions
• A grievance
• A dispute of interest
• Any dispute over-
• The terms and conditions of employment of any
  employee or any class of employees or the
  physical conditions under which an employee may
  be required to work.
• The application or the interpretation of any law
  relating to employment.

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• the entitlement of any person or group of persons
  to any benefit under an existing collective
  agreement.
• the existence or non-existence of any collective
  agreement.
• the dismissal, employment, suspension from
  employment, retrenchment, re-employment or
  reinstatement of any person or group of persons
• the recognition and non-recognition of an
  organisation seeking to represent employees in
  their terms and condition of employment
• whether or not a dispute does exist.

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• All trade disputes shall be reported in the trade
  dispute resolution system.
• All reported trade disputes go through mediation.
• A panel of mediators and arbitrators has been
  established.
• After mediation, rights disputes go to the
  Industrial Court, while interest disputes in
  essential services go to arbitration.
• Other interest disputes may be resolved through
  collective bargaining.

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• STATISTICS
• Year 2005
  2006
• No. Reported 7166
  7099
• No. Settled 4001
  4094
• No. Referred
• to IC 1569
  1497
• Withdrawn 1537
  1445
• Others 144
  63

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• CHALLENGES
• Delays in adjudication of disputes
• Some mediators lack the necessary skills
• MEASURES FOR IMPROVEMENT
• Capacity building