The scope of this Act is to consolidate and amend the labour law; to establish a comprehensive labour law for all employers and employees; to entrench fundamental labour rights and protections; to regulate basic terms and conditions of employment; to ensure the health, safety and welfare of employees; to protect employees from unfair labour practices; to regulate the registration of trade unions and employer's organizations; to regulate collective labour relations; to provide for the systematic prevention and resolution of labour disputes; to establish the Labour Advisory Council, the Labour Court, the Wages Commission and the labour inspectorate; to provide for the appointment of the Labour Commissioner and the Deputy Labour Commissioner. This Act is composed by 10 Chapters. Chapter 1 introduces the subject of the Act and defines its application (to all employers and employees with some, listed, exceptions). Chapter 2 describes the fundamental rights and protections and includes restrictions for child labour and the prohibition of forced labour, discrimination and sexual harassment in employment. This Chapter also foresees the freedom of association and sets a guide for the resolutions of disputes concerning fundamental rights and protections. Chapter 3 regulates the basic conditions of employment which constitute a term of any contract of employment unless more favourable terms are provided for the employee. This Chapter sets provisions on remuneration, hours of work, maternity or compassionate leave, accommodation (including the employer's duty to provide the employee with sanitary and water facilities for the case he requires him to live at the place of employment or to reside on any premises owned or leased by the employer), termination of employment. It finally regulates the disputes concerning its treated subjects. Chapter 4 is about the health, safety and welfare of employees. It covers the rights and duties of employers and employees, the election, rights and powers of health and safety representatives and committees. Chapter 5 concerns the unfair labour practices, both by the employee and trade union and by the employer and employer's organization. Chapter 6 treats about the Trade Unions and the employers' organisations, their registration, recognition and organizational rights. This Chapter also foresees the collective agreements. Chapter 7 sets provisions on strikes and lockouts and Chapter 8 regulates the prevention and resolution of disputes affecting the national interest, the conciliation and arbitration of disputes. Chapter 9 establish the labour institutions and regulates their functions, composition and functioning. The Act is terminated by Chapter 10 and Schedule 1 bringing, respectively, final and transitional provisions.
Namibia · 2008-11-01