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MANDATETo implement labour laws and policies.Functions include;Resolution of trade disputesProcessing of work permitsMonitoring training and localisationLabour inspections. . Registration of trade unions and employers organisationsJob seeker registration and placementRegistration of coll
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1. BOTSWANA RESOURCE SECTOR CONFERENCE
MINISTRY OF LABOUR HOME AFFAIRS
DEPARTMENT OF LABOUR AND SOCIAL SECURITY
2.
MANDATE
To implement labour laws and policies.
Functions include;
Resolution of trade disputes
Processing of work permits
Monitoring training and localisation
Labour inspections
3. Registration of trade unions and employers organisations
Job seeker registration and placement
Registration of collective labour agreements
4. 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.
5. 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.
6. TRAINING AND LOCALISATION PROGRAMME.
It’s 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.
7. 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.
8.
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
9. STATISTICS
Year 2005 2006
No. of applications 11772 8802
10. 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.
11. MEASURES FOR IMPROVEMENT
Process re-engineering
Opening to international economy
12. 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.
13.
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.
14.
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.
15. STATISTICS
Year 2005 2006
No. Reported 7166 7099
No. Settled 4001 4094
No. Referred
to IC 1569 1497
Withdrawn 1537 1445
Others 144 63
16. CHALLENGES
Delays in adjudication of disputes
Some mediators lack the necessary skills
MEASURES FOR IMPROVEMENT
Capacity building