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Publications 

News 1. Namibian Legislation on Labour hire

 

WHAT DOES THE NAMIBIAN LABOUR LAW STIPULATE?

Labour Amendment Act 2012 Employers Services Act“A private employment agency and a user enterprise are free to enter into lawful commercial agreement that is consistent with the new regulatory system.” The Minister of Labour and Social Welfare, Immanuel NgatjizekoThe amendments follow after the 2008 court challenge by Africa Personnel Service which challenged Government on specific clauses of the Labour Act 2007 that banned labour hire. The court accepted the position advanced by APS and the Namibian Employers Federation that the proper way to address the problems of labour hire would be through appropriate labour market regulation, rather than by outlawing the business of labour hire agencies. The amended Act also gives greater protection to worker’s rights and employment conditions for employees in a labour hire situation. The law stipulates that employees that are hired on a fixed-term contract basis be afforded benefits and remuneration equal to those in full time employment.ANIXAS aims to strictly abide by current Namibian legislation and to provide to it’s workers afforded benefits and remuneration equal to those in full time employment.

News 2. Employment Equity Commission

 

To strictly respect and observe prescribed deadlines. To submit complete and accurate affirmative action report that meets all requirements of the Act and the Employers Guidelines issued by the Commission. To comply with the provisions of the Act.

 

ANIXAS BUSINESS SOLUTIONS'S COMMITMENT TOWARDS COMPLYING WITH THE EMPLOYMENT EQUITY LESLIGATION OF NAMIBIA

ANIXAS Business Solutions is committed to coply with the Namibian legislation towards Employment Equity by: - Registering with the EEC - Implementing an Employment Equity Policy within ANIXAS. - Submitting timely and accurate EE Reports on an annual basis to the EEC - The Report will efficiently cover the 3 year EE Plan of ANIXAS Business Solutions. - Constant communication and compliance to EE legislation. - Obtaining an annual EE Certificate from the EEC. Workplace Culture

 

ANIXAS will foster a culture which is primarily concerned with inter-personal and inter-group communications and relationships at the workplace. They should promote mutual respect and actively confront prejudice, stereotyping and discriminatory practices. Employees need to be sensitised to disability, gender and racial/ethnic discrimination. Employers should not assume that all employees will naturally and spontaneously be able to work well with people from diverse racial, gender, disability and cultural backgrounds. Extra effort on the part of employers will be needed to achieve a receptive and committed environment where employment equity can thrive. Ultimately, the goal is the optimal realization of the potential of every member of the workplace community. The benefits will include decreased conflict and stress, improvement in morale and job satisfaction, and last but not least, enhanced productivity of the heterogeneous staff contingent.

 

ANIXAS will put in place measures to retain and develop employees from designated groups as a focal part of their Affirmative Action plans. These should include measures, such as: Assessment of training needs and development potential amongst existing employee of designated groups and planning of appropriate training courses. Support programmes for new employees including properly considered induction and mentorship programmes which are sensitive to culture, gender and disability diversity. Accelerated development programmes for high potential candidates, linked to appropriate and needs-based training and development. Long term career paths and succession plans, especially for the highly competent members of designated groups. Resolute efforts to deal with barriers in the environment such as stereotypes and negative attitudes on the part of employees who have traditionally occupied senior and privileged positions. Incentives to encourage employees to adopt a long term view of their career in the organisation as well as to take personal interest in its well-being. NON-NAMIBIAN CITIZENS (SEC. 19.) Section 19.(3) stipulates that a relevant employer must train a Namibian citizen as the under study of every non-Namibian citizen employed by the firm or organisation. Provision is made, however, in section 19.(4) for the granting of exemptions from this requirement: - where it is deemed that the trade or profession of the non-Namibian employee is of such specialised nature that it is not reasonably possible for the relevant employer to train a Namibian citizen as under study; or - where it is for any other reason deemed impractical for the employer to train an under study. Non-Namibian employees with permanent residence rights are included for the purpose of this provision. A relevant employer would have to apply to the Minister of Labour for an exemption if he/she wishes to retain the services of such an employee and not to train an under study to eventually take over. In this regard it needs to be borne in mind that the Affirmative Action Act, has to be interpreted in context with other relevant laws such as the Labour Act, and the Immigration Act. The Affirmative Action Act does not supersede any law with regard to the rights of a person already in legitimate employment. LIMITATION PARAMETERS (SEC. 43.) In seeking to maintain fairness and pragmatism in application, section 43. of the Act determines that, without derogating from the provisions of section 19.(3) (training of Namibian under-studies for positions occupied by non-Namibian citizens) and section 39. (mediation and final order by review panel), nothing in the Act shall require a relevant employer to: - Create new employment positions in the workplace; - hire or promote an arbitrary or fixed number of persons during a given period; - hire or promote persons who are not suitably qualified; and - take employment decisions that act as an absolute bar on the recruitment or promotion prospects of a person who does not belong to a designated group. DISPUTES (SEC. 45.) In the event of any affirmative action related dispute arising between an employee or his/her representative on the one hand and a relevant employer on the other, the former may bring the matter to the attention of The Employment Equity Commission. If the Commission deems it necessary, it may then refer the matter to the Labour Commissioner to act in respect thereof in terms of the dispute provisions of the Labour Act.

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