The Employment and Labour Relations statutory instruments: What employers need to know

At a glance

• Botswana has published six statutory instruments under the Employment and Labour Relations Act 2025 (Act), establishing sector classifications and sector-specific employment standards.
• New regulations classify commercial undertakings into 20 employment sectors for collective bargaining and trade union recognition purposes, with classification based on an employer's principal economic activity.
• Employers in the domestic work, agriculture, catering, tourism and hospitality, transport and logistics, and private security sectors may now require up to 20 hours of overtime per week, up from the Act's general limit of 14 hours.
• The Transport and Logistics Order (Transport Order) introduces additional safety requirements, including limits on continuous driving time, mandatory rest breaks for goods vehicle drivers and maximum daily duty periods for rail workers.
• Employers covered by the sector-specific Orders must comply with workplace notice and information obligations, with non-compliance potentially resulting in fines, imprisonment or both.

On 25 September 2026, six statutory instruments were published in the government gazette pursuant to the recently commenced the Act. The statutory instruments address collective bargaining, trade union recognition, working time and rest standards under the Act, presenting implications for employer compliance. The statutory instruments comprise of the:

• Employment and Labour Relations (Classification of Sectors) Regulations 2026 (S.I. No. 150 of 2026).
• Employment and Labour Relations (Domestic Work) Order 2026 (S.I. No. 151 of 2026).
• Employment and Labour Relations (Agriculture) Order 2026 (S.I. No. 152 of 2026).
• Employment and Labour Relations (Catering, Tourism and Hospitality) Order 2026 (S.I. No. 153 of 2026).
• Employment and Labour Relations (Transport and Logistics) Order 2026 (S.I. No. 154 of 2026).
• Employment and Labour Relations (Private Security) Order 2026 (S.I. No. 155 of 2026).

Classification of sectors for collective bargaining

The Employment and Labour Relations (Classification of Sectors) Regulations 2026 (Regulations) divide commercial undertakings into 20 employment sectors. This presents a framework for classifying employers’ economic activities into identifiable employment sectors for collective bargaining and trade union recognition purposes. In this regard, undertakings are classified according to their principal economic activity, and where an undertaking carries on multiple economic activities, its classification is determined by the nature and purpose of each activity; proportion of workers engaged; attributable revenue; and operational structure. The Regulations clarify that administrative, security and maintenance workers generally fall under the principal sector of the main undertaking they serve, unless employed by an independent third-party contractor. For compliance purposes, employers should review their sector classification and workforce arrangements to determine whether any changes are required.

Expansion of weekly overtime caps for specific sectors

The Act generally caps overtime for workers at 14 hours per week; however, the overtime limit has been increased to 20 hours per week for employees in the domestic work; agriculture; catering, tourism and hospitality; transport and logistics; and private security sectors. Employers in these five sectors are therefore permitted to extend weekly overtime hours. Notwithstanding this, the standard daily rest breaks and overtime rates under the Act continue to apply.

Mandatory driving limits and rest periods in transport and logistics

In addition to establishing the 20-hour weekly overtime cap, the Transport Order introduces road and occupational safety safeguards. According to the Transport Order, employers are required to ensure that goods vehicle drivers do not drive continuously for more than four hours without a rest break of at least 30 minutes and also grant them at least eight hours of uninterrupted daily rest in any 24-hour period. Additionally, employers cannot require or permit rail workers to remain on duty for more than 12 hours a day. Unless the worker is required to remain at the workplace or at the disposal of the employer, the rest periods are unpaid. It is advisable for employers in the transport and logistics sector to review their driver trip schedules, shift rosters and digital tachograph technology to ensure full compliance with the mandated rest breaks and duty limits.

Employer compliance duties and penalties for non-compliance

Employers in which the five Orders are applicable to, or whose workers are covered by the Orders, must display a copy of the Order conspicuously at the workplace; notify each worker of an Order in writing; and inform the workers where a copy has been displayed. As a further requirement, employers must also provide a copy of the Order to every trade union representing the workers; every trade union representative representing the workers; and every worker who requests a copy of the Order. An employer who fails to comply with any provision of an Order issued under section 184 of the Act commits an offence and is liable for a fine, imprisonment or both. The same applies for failure to comply with the Regulations without reasonable cause, with the addition of fines for continuing offences. Criminal prosecution may also apply.

Conclusion

The publication of these statutory instruments requires employers to assess their compliance with the Act. While the Orders provide for increased overtime periods in certain sectors, they also introduce specific working time, rest and workplace notice requirements that must be complied with. Employers in Botswana should therefore (1) review employment contracts and overtime policies against the 20-hour weekly overtime cap; (2) ensure compliance with driving limits and mandatory rest periods for goods vehicle drivers; (3) review their sector classifications in preparation for trade union recognition and collective bargaining; and (4) display copies of the applicable Orders in the workplace and provide any required notices to affected workers.