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Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173) - Botswana (RATIFICATION: 1997)

The Committee notes the Government’s report.

Articles 5 and 6 of the Convention. The Committee recalls its previous comment in which it pointed out that, as it now stands, the Insolvency Act (Cap. 42:02) gives only limited effect to the requirements of Part II of the Convention with respect to the minimum acceptable coverage of protected claims. While noting the Government’s statement to the effect that the relevant legislation is being reviewed to comply with the provisions of the Convention and that a draft bill has been prepared in consultation with the social partners for submission to parliament at its next session, the Committee requests the Government to continue providing information on any progress made in bringing its legislation in conformity with the Convention. It also requests the Government to forward a copy of the draft bill amending the relevant provisions of the Employment and Insolvency Acts. Moreover, the Committee notes the Government’s explanation that the term "servant" is used in the Insolvency Act in a broad sense as being a person in the employment of another, and that it has the same meaning with the term "employee" as defined in the Employment Act.

Article 7. In its previous comment, the Committee had drawn attention to the requirements of the Convention with regard to possible limitations on the amount of the workers’ claims protected by a privilege. In its reply, the Government states that new legislation is currently under consideration to ensure compliance with the provisions of the Convention. The Committee asks the Government to keep it informed of any further developments in this regard. The Committee would be grateful to the Government for information on the application in practice of the Convention in accordance with Part IV of the report form.

[The Government is asked to report in detail in 2004.]