Employment Contract Template — 🇧🇼 Botswana

A contract of employment in Botswana is the foundational legal agreement between an employer and an employee. Under the Employment and Labour Relations Act 2025, which came into effect on 1 July 2026, this document is essential for defining the terms of service, including remuneration, working hours, and leave entitlements. While oral contracts are technically permitted, the government strongly mandates written contracts for all employees, including those in domestic, farm, and construction sectors, to prevent disputes and ensure compliance with national labour standards. Governing Law and Statutory Requirements The primary governing legislation is the Employment and Labour Relations Act 2025 (Act 27 of 2025). This Act consolidates previous labour laws and introduces stricter requirements for fixed-term contracts and probation periods. Section 51 of the former Trade Disputes Act provided the basis for the official Model Contract of Employment, which remains a key reference point for drafting. Employers must ensure that no term in an employment contract is less favourable than the statutory minimums set by the Act, as such terms are considered null and void. Mandatory Particulars of Employment Every written contract of employment in Botswana must clearly outline specific details to be enforceable. These include the full names and addresses of both parties, the job description, the place of work, and the date of commencement. You must also specify the ordinary hours of work, the wage rate in Botswana Pula, the method of payment, and the frequency of pay periods, which should not exceed one month. Furthermore, the contract must detail leave entitlements, including annual, sick, and the updated maternity and paternity leave provisions introduced in the 2025 Act. Fixed-Term Contracts and Probationary Periods One of the most significant changes under the 2025 Act is the regulation of fixed-term employment. Fixed-term contracts are now capped at 12 months unless there is an objective justification for a longer duration. Probationary periods are strictly limited to a maximum of 6 months. During this time, employers are required to inform the employee of any performance shortcomings and provide necessary support or training. Failing to adhere to these caps can lead to the automatic conversion of the agreement into an indefinite or permanent contract of employment. Termination and Notice Periods The contract must clearly define the notice period required for termination by either party. Because Botswana labour law protects employees against unfair dismissal, the contract should outline the grounds for termination and the disciplinary procedures to be followed. Any clause that attempts to waive statutory rights or allows for termination on discriminatory grounds, such as race, gender, marital status, or HIV/AIDS status, is unenforceable. Always ensure that the termination process aligns with the dispute resolution mechanisms established under the new Act. Documentation and Record Keeping Employers are responsible for providing a copy of the signed contract to the employee. For special contracts, such as those involving recruitment for work outside of Botswana, the document must be attested by a labour officer. While ordinary contracts do not require notarisation, keeping accurate records for at least three years after the termination of employment is a best practice for compliance with labour inspections. Failure to maintain these records can complicate work permit applications for non-citizens and increase legal risk during labour audits. Common Mistakes to Avoid Many employers make the mistake of using generic templates that do not reflect the specific requirements of the 2025 Act. Common errors include failing to update probation clauses, omitting mandatory leave details, or including clauses that violate anti-discrimination laws. Another frequent issue is the misclassification of employees as contractors to avoid statutory obligations. The new Act includes a presumption of employment in situations of dependency, making it critical to formalise the relationship correctly from the start. Frequently Asked Questions Is a written employment contract mandatory in Botswana? Yes, while oral contracts exist, the government strongly mandates written contracts for all employees to ensure legal protection and compliance with the Employment and Labour Relations Act 2025. What is the maximum probation period in Botswana? Under the 2025 Act, the probation period is capped at 6 months, during which the employer must provide training and support. Can an offer letter serve as an employment contract? An offer letter can form the basis of an employment relationship, but it should be followed by or incorporated into a formal, comprehensive contract of employment that covers all statutory particulars. What happens if a contract term is less favourable than the law? Any term in an employment contract that provides conditions less favourable than those mandated by the Employment and Labour Relations Act 2025 is considered null and void to the extent of that inconsistency.