Overtime restriction unlawful lawyer

BOSETU secretary general Rari
BOSETU secretary general Rari

An employer is not permitted to vary conditions of service unilaterally, hence the decision by government ordering that public servants’ overtime allowance should not exceed 10% basic salary does not have the force of law.

This is according to a legal opinion offered to Botswana Sectors for Educators Trade Union (BOSETU) by Kambai Attorneys this week. BOSETU has instructed the law firm to render legal opinion with respect to the lawfulness or otherwise of a savingram dated August 23, 2016 authored by permanent secretary in the Ministry of Tertiary Education, Research, Science and Technology Theophilus Mooko.

Mooko on August 23, 2016 authored the savingram instructing his juniors to implement cost-cutting measures in relation to overtime pay to teachers. Mooko had instructed his charges that “No employees should be allowed to earn overtime in excess of 10% of their basic salary”. BOSETU had approached the law firm to determine whether Mooko’s instruction is lawful and if not, what steps the union should take to address the matter in question.

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