Employment Contracts in Namibia

MAYLIS VEKUMININA DAYOT

IT IS NORMAL to advise employed family members, friends, companions and even strangers to “be grateful that they have jobs”.

Although there is absolutely nothing wrong with gratitude, it is important for people to know about employment duties, rights and obligations. This can help avoid or curb toxic workplace relationships that may arise between employees and employers.

Graduating and being blessed with an employment opportunity is exciting. Hence the importance of being equipped with sufficient knowledge on what to expect so as to make informed decisions.

The essentials of a contract are important, namely consensus, capacity, formalities, legality, possibility and certainty. Every contract needs to ensure that all six elements are present in terms of validity.

Simply put, a contract of employment is a legal agreement between an employee and an employer, whereby the employee agrees to render personal service to the employer for an indefinite or definite period in return for remuneration.

Contracts of employment determine when the employee-employer relationship starts, reciprocal rights, duties and obligations, and how it may be terminated should it be indefinite.

FUNDAMENTALS

One of the fundamentals of a contract of employment is the principle of freedom of contract. This means no one can be forced to render his or her services and no one can force the employer to hire or employ any person.

This conforms with the Namibian Constitution, as well as sections of the Labour Act (2007).

This principle permits the parties to mutually agree on acceptable terms and conditions.

It is crucial that the employee takes the time to read and comprehend each and every clause of a contract. An employee needs time to seek legal advice and ask questions where more clarity or certainty may be needed.

It is important for employees to know their rights, duties and obligations before committing themselves to a workplace that may subject them to an unhappy environment.

This is a way in which institutions can be more helpful by ensuring there is someone in the human resources department who is qualified to explain the contract to the employee.

Human resource policies need to align with standards set by the International Law Organisation.

Before signing, the HR manager or officer must ensure that the contract was thoroughly explained, and that the successful applicant was given ample time to study the details.

When signing, the parties need to do so in an ideal environment without coercion or manipulation on the part of the employer.

It must further be expressly stated what avenues of redress are available when it comes to resolving disputes between an employee and employer.

MIND THE GAP

Inadequacies or gaps in the legal framework, or in its interpretation or application, can breed insecurity over employment should employees seek redress for workplace injustices.

Hence the need to do away with unfair practices, to strengthen internal policies and to inform employees on how to seek redress in terms of the Namibian Constitution (article 18).

This is essential to ensure a safe working environment, not just in the physical sense, but also in a mental and emotional sense.

It helps ensure a satisfied employee and fosters efficiency and effectiveness, enabling a company or an institution to grow, reflecting a positive image of the employer.

Overall, more needs to be done in terms of training to strengthen employee and employer relationships.

In addition, platforms need to be created to inform and educate Namibians on working with dignity and being respected for work done.

* Maylis Vekuminina Dayot is a candidate legal practitioner. This article written in her personal capacity.