The Botswana Public Employees Union (BOPEU) has issued a strongly worded statement questioning the legality of a 15% commuted overtime allowance granted to public service executives on salary scale E2 and above, effective 1 April 2023. The union contends that the decision, allegedly implemented without proper legal backing, may contravene provisions of both the Public Service Act of 2008 and the Employment Act of 2010.
BOPEU has called upon the Permanent Secretary to the President (PSP) and the Director of the Directorate of Public Service Management (DPSM) to account for the payments before the Public Accounts Committee (PAC), highlighting what it describes as a failure to provide clear guidance on overtime eligibility for executive staff.
According to BOPEU, the implementation of the 15% allowance appears to disregard a Circular Savingram issued on 30 July 2010, which specifies that overtime in the public service must align with the Employment Act. The union points to Section 2(3) of the Act, which explicitly excludes executive-level employees from qualifying for overtime benefits.
In contrast to the executive cadre’s allowance, BOPEU highlights a moratorium on overtime pay for employees on D1 salary scale and below. Instead of monetary compensation, staff at these lower levels are reportedly being instructed to take time off — a practice the union says is inconsistent with Section 94 of the Employment Act. The provision mandates that employees who work during rest periods should be compensated either with double pay or, at the employee’s discretion, time off.
“The current practice not only deepens inequality within the service, but also appears to flout the law,” BOPEU stated, arguing that changes to statutory entitlements cannot be introduced through administrative Savingrams. The union has urged the PSP to immediately revoke the executive overtime payments and recover funds already disbursed.
“If this issue is not addressed urgently, we reserve the right to seek legal redress for what we consider unauthorised and unlawful payments,” warned the union.
BOPEU is also calling on the DPSM Director to ensure that all Permanent Secretaries adhere strictly to the provisions of the Employment Act when dealing with overtime matters.
