MPs troubled by lack of law for protection of workers
Goitsemodimo Kaelo | Friday March 17, 2017 16:59
The acting Minister of Employment, Labour Productivity and Skills Development Nonofo Molefhi this week told legislators that Government has no powers to take action against companies, which did not pay their employees and dismissed others for failure to report to duty during natural disasters such as floods.
Legislators were unimpressed by the Minister’s comments and called for the need to amend the Employment Act to cater for protection of workers when national disasters such as floods occur.
Molefhi said that employers are not obliged by the law to pay wages to employees for missing work during natural disasters. “During natural disasters such as floods, contracts of employment may become impossible to perform not because of employers’ fault. In such instances, employers are not obliged to pay wages to employees for the days in question,” Molefhi said.
Molefhi was responding to a question asked by the Member of Parliament for Ramotswa Samuel Rantuana who wanted to know if there is any action that can be taken against companies, which did not pay their employees for failure to report for duty because of natural disasters such as floods.
The Botswana Congress Party (BCP) legislator also asked if there is any law, which protects such employees from being expelled for absenteeism and reduction/non payment of their daily remunerations.
Rantuna’s question follows the recent downpours in the country caused by cyclone Dineo, which caused havoc across the country more specifically in his constituency. The floods forced schools to close temporarily, left many households in need of assistance, and roads closed after the collapse of some bridges making it difficult for some to go to work.
It is said that some companies deducted money for the days the employees were absent while other workers were dismissed upon returning to work after the waters had subsided.
In response, the Minister stated that Section 16 (1) of the Employment Act Cap. 47:01 states that; “Every employer shall, unless the employee has broken his contract of employment or the contract of employment becomes, without default on the part of the employer, impossible of performance, provide his employee with work in accordance with the contract of employment during the period for which the contract is binding”.
He further said that as much as employers are not obliged to pay employees when their contracts of employment become impossible to perform due to natural disasters, he emphasised that the law does not prohibit employers from paying their employees in these circumstances. He said that the two parties should resolve this amicably.
He continued; “Section 21(2) of the Employment Act, Cap 47:01 states that an employee is not in breach of his/her contract of employment if he/she has reasonable cause for such absence. This section therefore protects employees who fail to report for duty due to natural disasters such as floods since their absenteeism would not be intentional or predetermined and consequently not misconduct”.
He also said that employees who are dismissed for such reasons should refer the matters to the District Labour Office for mediation. “They can go through the process until they reach the Industrial Court if the employer maintains his stance during mediation.
It will be cruel if a company dismisses an employer for missing work during natural disasters,” said Molefhi in response to a question by Specially Elected MP Mephato Reatile who wanted to know why the law is not amended to protect such workers.
MP for Gaborone North Haskins Nkaigwa asked why a Presidential directive should not be used to protect workers in the absence of the law. However, Molefhi pointed out that these are matters that the trade Unions should pursue on behalf of their members and make legislators aware of. He said that a directive would not work in the absence of a law to compel employers to comply.