Concise and extensively researched, it examines the labour act in detail in 16 chapters that include the employment relationship. Namibian labour lexicon volume 2 konradadenauerstiftung. Labour act 11 of 2007 by item 22 of the schedule to that act. The minister responsible for labour has, under section 5 of the labour act, 2007 act no. The overriding target of the labour act is to regulate the.
Construction industries federation of namibia and the metal and allied namibian workers. Labour act of 1992 and new labour act of 2004 protect a pregnant woman who has completed at least twelve months of continuous service with an employer. Trade unions would indulge in all types of strikes and engagements to benefit their members more especially when remuneration, conditions and the sociopolitical. You will not need to register again for future visits. Findings on the worst forms of child labor namibia u. The first fullscale labour force survey lfs in namibia was carried out in 1997 under the national household survey programme, launched after the government endorsed the five year plan of development of statistics in namibia in 1993. To read the article, please enter your details below. Labour act 11 of 2007 labour general regulations 11. In 2018, namibia made a moderate advancement in efforts to eliminate the worst forms of child labor. Affirmative action employment amendment act 200706 employee compensation act 19955 employment service act, 2011 act no.
The following section is substituted for section 128 of the principal act. Determination under the financial intelligence act, 2012 act no. The relevant provisions of the above legislation will be looked at more closely. Namibia ministry of labour legislative mandate the ministry promotes the following mandates. Such benefits include an income whilst on maternity or as sick leave. Labour general regulations labour act 2007 namibia superior. Labour law until the labour act 11 of 2007 introduced it into namibian.
In southern africa statutory labour law only really became a practical reality in the latter portion of the twentieth century and as a result amendments and changes in labour law have. Republic of namibia ministry of trade and industry namibias industrial policy this document outlines namibias industrial policy, which is aimed at achieving vision 2030. Two years after independence, the labour act 6 of 1992 was enacted and described as the most important achievement in the history of the workplace in namibia grnmol, 1997. Act 11 of 2007 signed by the president on 21 december 2007 promulgated on 31 december 2007 came into force on no date for implementation on 30 may 2008. May 16, 2017 trade unions according to the labour act of 2007 require all trade unions to regulate relations between employees, soccer players and their employers namibian premier league npl. This history greatly influenced the decision of the namibian government to ban labour hire in 2007. Human capital and labour report namibia pdf ebook compiled by the kr research team. Regulations made in terms of the national credit act, 2005 act no. The government passed the combating of trafficking in persons act and approved the national referral mechanism that directs firstline response teams on how to. The 2007 act removes the concept of casual employees by amendment to the social security act.
Automatic termination of contracts of employment 33. Labour act 11 of 2007 labour general regulations compassionate leave 5. A domestic worker has a right to be member of a trade union. A termination of employment is regarded an unfair dismissal when the employer dismisses the employee for the following reasons as set out in the labour act of 2007. The controversial new labour act, which forbids labourhire companies and grants employees generous compassionate leave, was quietly gazetted in the last day of 2007, after president hifikepunye.
Of the republic of namibia contents page general notices no. Removal of adverse consumer credit information and information relating to paid up judgments regulations, 2014. Dismissal arising from collective termination or redundancy 35. With regard to the apprenticeship ordinance, 1938, the merchant shipping act, 1951 and any law on the employment of persons in the state, special provisos exist. The contract labour system and its effects on family and. Labour law in namibia is the first comprehensive and scholarly text to analyse labour law in the country, the labour act of 2007, and how it affects the common law principles of employment relations. Namibia labour act 1992 extracts we make no claims to the veracity of this law. The employees compensation amendment act, 1995 amended the workmens compensation, act 1941 4. Government gazette of the republic of namibia, 8 april 1992, no. The burden of the proof that a dismissal was fair lies with the employer. Labour amendment act legal assistance centrenamibia. Prior to its abolition the system left a deep scar on the namibian labour relations, and very few. Contract labour management system, contract employee.
Disputes concerning this chapter chapter 5 unfair labour practices 48. The benefits also extend to include payment for permanent disability, payment upon retirement or upon death of a. Jan 15, 2019 the first fullscale labour force survey lfs in namibia was carried out in 1997 under the national household survey programme, launched after the government endorsed the five year plan of development of statistics in namibia in 1993. Since it is a policy document, it is confined to principles and broad parameters that will guide namibias approach towards industrial policy over the next two decades. Some where already merried and had children and they had to leave the women with the kids for al those years. It is also true that a couple of years ago i said that the. Pre and postindependence trade unionism namibian sun. The employees compensation amendment act, 1995 amended the workmens compensation, act.
A critical analysis of the new labour act number 11 of 2007 in light of the law on labour brokerage thesis presented in fulfillment of the requirements for the degree of master of laws of the university of namibia by. Exemptions from a wage order part c hours of work 15. I am on record for saying that in future, once the labour act, 2007 comes into operation retrenchments will be almost impossible. Namibia agriculture policy 2015 7 foreword in 1995, fiveyears after namibias independence in 1990, namibia launched its firstnational agriculture. As will be seen in the discussion below, the labour hire disposition as it was at the time left the particular type of. Unfair dismissal in namibia is defined by the namibian labour act of 2007. Labour act of 2007, namibia, regulations collective. Governmentgazette ofthe republicofnamibia r5,60 windhoek 31august1992 no. Namibia agriculture policy 2015 7 foreword in 1995, fiveyears after namibias independence in 1990, namibia launched its firstnational agriculture policy, which guided the development of the namibian. Maternity leave provision in the new namibian labour act. Labour in namibia important lessons for south africa could not act independently and play the role of a watchdog over government as long as it was linked to the ruling party.
They went to work and they worked hard but they where not happy with the. There is also a growing public perception that the nunw is merely a. Bluetree consultancy services pvt ltd unit 11, 2nd floor, innovator building, itpl, whitefield road, bangalore, karnataka, india 560066 call. The period within which the master of the high court must obtain and keep upto. The commission primarily provides a social protection floor through the provision of welfare benefits, thus addressing socioeconomic needs and promoting welfare. Basic employment conditions and the labour act, 2007. The government passed the combating of trafficking in persons act and approved the national referral mechanism that directs firstline response teams on how to detect and provide services to victims of trafficking. Labour act 11 of 2007 legal assistance centrenamibia. Portion of basic wage that may be paid inkind and calculation of the value of inkind payments 2. Affirmative action employment amendment act 2007 06 employee compensation act 19955 employment service act, 2011 act no. Hits of jurisdiction act n2 3 of 1990 territorial sea and exclusive economic zone of namibia act, 1990 be it eactedby the national assembly of the republic of namibia. Ministry of labour, government departments, namibia.
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