DPSM and BOFEPUSU yet to agree on essential service during strike

CHANDAPIWA BAPUTAKI
Staff Writer | Wednesday April 13, 2011 00:00

 

The Director of DPSM, Festina Bakwena could not be drawn into which group is classified as essential services.

'That is part of the strike rules that we are going to negotiate with the unions,' she said. However, the Secretary General of Botswana Federation of Public Sector Unions (BOFEPUSU), Andrew Motsamai said that the employer must agree with them on the essential services or they would go ahead with the strike regardless.

He explained that according to the Trade Dispute Act Section 44, 'every employer shall cause to be displayed in all premises used for the purposes of essential services, a printed notice with a Setswana translation that they are essential services.'

Motsamai said that the DPSM has not even stated in the letters of employment to the affected employees what the essential services are. 'And there are no notices in any department that is classified as essential services in accordance with the Trade Dispute Act,' he said adding that the Act recognises Electricity Services, Fire Services, Health Services and Transport and Telecommunication Services necessary to the operation of any of the essential services.

'There are no defined roles of who in those departments is classified as essential and take for example the health sector, can a dentist's services be of much impact like the theatre nurse for example? If the employer does not come to us and discuss these rules we are going to go ahead as if there is no problem with not offering minimum service,' he said.

He asserted that if the employer can take the route of no work no pay, the civil service payments would make part of the deal to have the workers go back to the offices. According to the consequences of a protected strike as regards the codes of good practice, model procedures and agreements published by the Ministry of Labour and Home Affairs, an employer is not obliged to renumerate an employee for services that an employee does not render during a strike or protected lock out.

However, Motsamai said that the section does not say the employer is not expected to pay and 'therefore not being obliged to pay does not mean that they will not pay. If they choose to go that route we will make it part of our deal as settlement to go back to work.'

The workers are expected to down tools on Monday for a 10 days strike over stalled salary increment negotiations.