Contract of employment of Indus Healthcare (Proprietary) LTD a company representing government of Botswana to help needy patients at the government hospitals put Botswana on a possible human trafficking and slavering of Indians.
Indus Healthcare was registered in Botswana in 2011.The company is owned by four Indians from Changadigarh, India. Sunday Standard investigations revealed that the four directors cited House No. 80, Phase 3B- Mohal- 160059; Chandigarh, India as their residential addresses. This company is responsible for recruiting doctors from India to work in government hospitals in Botswana.
The company arrange for the boarding and lodging of the Indian doctors from India to Botswana and while in Botswana. Once the Indians doctors are registered with Botswana Health Professionals Council provision of their professional services commence.
This is where they are now subjected to harsh contractual agreements which some say they signed unaware of what they were getting themselves into.
The contract does not only punish the employee but also haunt the employee’s families.
Clause 9.2 of restraint of trade in the contract prohibits the employees families during the currency of the contract to engage in any work of any description whatsoever, and in particular hereby undertakes that he will not, either alone or jointly or together with any other person.
The Indus contract does not allow its employee, during the currency of the contract or after the expiry or early termination to disclose to any third party any information about the employer, the employer’s agents, member’s staff and associates of any description, information that by its nature is confidential or has been communicated by the employer as confidential.
“The employee spouse may not be engaged in any gainful employment by anybody or be a director, associate, partner, professional assistant or shareholder in any establishment of any description whatsoever without the prior written consent of the employer,” contract reads.
The contract goes on to say other family members/dependents or any friends who would be staying with him as a family may not be engaged in any gainful employment by anybody or a director, associate, partner, professional assistant or shareholder in any establishment of any description whatsoever without the prior written and explicit consent of the employer Indus Healthcare (Pty) Ltd in Botswana and Indus Healthcare in India.
In one case an Indian doctor Dr Rahul Daimari, a physician by profession recently challenged the Indus contract on the grounds that the purported contract is against Public Policy and Labour laws of Botswana. In the court papers Daimari argues that the contract should be considered to be null and void.
The case was later settled out of court with Dr Daimari lawfully ordered to terminate his contract.
This publication earthed information that the previous employer, Indus Healthcare (Pty) Ltd and Government of Botswana are making it difficult for Daimari to get another work permit. In a letter of complaint from Daimari attorney T B Mooketsi of Ngitami Ngitami law office it is stated that Daimari’s former employer Indus Health Care had threatened that it would ensure that Daimari and his prospective employer (University of Botswana) will be taken to task.
University of Botswana required Daimari’s services but the immigration office is reluctant to issue him a work permit.