Union gives Health ministry ultimatum over pay
BLLAHWU gives Health Ministry ultimatum
Botswana Land Boards Local Authorities and Health Workers Union (BLLAHWU) have threatened legal action against the Ministry of Health and Wellness over a decision taken by the ministry to suspend paid overtime.
Through a Savingram dated 4th May 2021, the ministry stated that it took a decision to suspend paid overtime (noncommuted) during this financial year. The ministry further instructed that overtime worked should be compensated through day offs.
The union has since written to the Permanent Secretary on the matter indicating that entitlement by employees to overtime is a matter of law as per Regulation 12 of the Public Service Regulations, which is clear and makes it mandatory for employees to be paid overtime for any hours worked in excess of the normal working hours.
The union has given the ministry up to the end of business today (Wednesday) to have reversed the decision or face legal action.
“We wish to bring your attention to the collective bargaining agreement signed on the 27th August 2019, as regards overtime it was agreed that such would be in accordance with the existing labour statutes, and in the public service the statute governing the relations between the employer and employees is the Public Service Act and the Public Service Regulations”, the union said through its Secretary General, Ketlhalefile Motshegwa.
According to the letter dated 7th May 2021, the union argues that the purported decision to compensate by day-offs will be unfair and unlawful as it will be in contravention of the Public Service Regulations and the Collective Bargaining agreement signed between the employer and six cooperating unions inclusive of BLLAHWU.
“We are disappointed to note that despite the advice provided by the Directorate of Public Service Management (DPSM) through its Circular Savingram dated 24 July 2020, your office still continues to violate the laws or regulations surrounding overtime payment.
“In the event we do not receive written undertaking and/or a savingram reversing the decision to suspend paid overtime by close of business on 12th May 2021, we shall proceed to instruct our attorneys to challenge the said decision in court as it is clearly unlawful and constitutes unilateral variation of a collective bargaining agreement”, stated Motshegwa.
He said ordinarily the union would advise its members to refuse to work overtime, “however considering that the country is currently dealing with a pandemic we would not take such a drastic step as it would put the lives of many at risk and we consider the pandemic a business exigency in the provision of health care services”.