Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 6 of the Convention. Protected claims. The Committee notes with satisfaction that the Employment Act (Chapter 47:01) has been amended and that its new section 92A now extends preferential treatment to all the workers’ claims covered by this provision of the Convention. The Committee requests the Government to indicate whether section 85 of the Insolvency Act (Chapter 42:02) has also been amended in order to avoid any contradiction with the aforementioned section 92A.

Article 7. Limitations. The Committee requests the Government to indicate whether the maximum amount of workers’ claims protected by privilege, as laid down in section 85 of the Insolvency Act (100 pulas) is still applicable and, if not, to specify any limits currently in force.

Part IV of the report form. The Committee requests the Government to provide general indications as to the manner in which the Convention is applied in practice, including, if possible, information concerning the number of workers covered by legislation giving effect to the Convention.