Revised Labour Act to be tabled soon

THE Ministry of Labour and Social Welfare is scheduled to forward the revised Labour Bill to the Cabinet Committee on Legislation by today at the latest.

The bill is expected to be tabled in Parliament during its next session, which begins in September. Labour Minister Alpheus !Naruseb revealed this at the annual general meeting of the Namibia Employers’ Federation (NEF) in Windhoek on Wednesday.Addressing members at the AGM, !Naruseb said due to the importance of the Labour Act numerous technical changes had been made to restore omissions, correct mistakes and clarify ambiguities.The greater part of the controversial new Labour Act 2004 is yet to be implemented, as the legislation is full of loopholes and stakeholders have called for amendments.The new law has been heavily criticised by the Employers’ Federation, which claimed that it is unproductive and detrimental to the country’s economy.”All substantive issues raised by stakeholders were considered and in some cases, substantive changes were made to accommodate their concerns.In one or two areas, the Ministry introduced changes to eliminate anomalies or close loopholes in new provisions,” said !Naruseb.He added that the implementation of this law was long overdue.NEF President Harold Pupkewitz warned against coming up with a law which lumped all employers in the same category, saying it was important to note that employers were in different categories.”We have to strike a balance between political aim and economic aim …It is impossible to pass legislation which creates a situation as if one size fits all,” he said.Pupkewitz said even though Namibia was a small economy, laws had to be conducive to make the country productive and competitive enough in these times of globalisation.The Minister called on the NEF to bring proposals to his Ministry regarding improving the welfare of workers, especially those in the agricultural sector.He highlighted practices that needed to be stopped, such as in the case of farmers who hired labourers, including children, under the guise of ‘independent contractors’ so as to evade the requirements of the labour laws, failed to pay the stipulated minimum wage, and also treated former workers as ‘discarded old property’.In view of the alleged exploitation of workers’ rights and violations of labour laws emanating from the practices of labour-hire companies, !Naruseb said the Government was considering introducing an Employment Services Bill.”We recognise the need for legitimate temporary employment services, but intend to take action to eliminate what appears to many to be the vestiges of the inhumane contract labour system of the apartheid era.”!Naruseb also focused on Vision 2030 and said Government was currently reviewing progress made in implementing the strategy, adding that both public and private-sector institutions would be called on to take greater responsibility for leadership and co-ordination on specific components of Vision 2030.He said the double challenge facing a number of developing countries including Namibia was how to increase economic growth and meaningful employment for the jobless masses.!Naruseb told the NEF members: “I urge you to be guided by the need to address the complex ‘double challenge’ of decent work and economic growth, when formulating your own programmes and proposal to Government in the areas of labour-market regulation and social protection.”The Namibia Labour Force Survey 2004, which was issued in March this year, reveals an overall unemployment rate of 36,7 per cent and an unemployment rate of 44,9 per cent in rural areas.It also shows unemployment rates of 43,3 per cent among women, and 60 per cent among young people between the ages of 15 and 24.Labour Minister Alpheus !Naruseb revealed this at the annual general meeting of the Namibia Employers’ Federation (NEF) in Windhoek on Wednesday.Addressing members at the AGM, !Naruseb said due to the importance of the Labour Act numerous technical changes had been made to restore omissions, correct mistakes and clarify ambiguities.The greater part of the controversial new Labour Act 2004 is yet to be implemented, as the legislation is full of loopholes and stakeholders have called for amendments.The new law has been heavily criticised by the Employers’ Federation, which claimed that it is unproductive and detrimental to the country’s economy.”All substantive issues raised by stakeholders were considered and in some cases, substantive changes were made to accommodate their concerns.In one or two areas, the Ministry introduced changes to eliminate anomalies or close loopholes in new provisions,” said !Naruseb.He added that the implementation of this law was long overdue.NEF President Harold Pupkewitz warned against coming up with a law which lumped all employers in the same category, saying it was important to note that employers were in different categories.”We have to strike a balance between political aim and economic aim …It is impossible to pass legislation which creates a situation as if one size fits all,” he said.Pupkewitz said even though Namibia was a small economy, laws had to be conducive to make the country productive and competitive enough in these times of globalisation.The Minister called on the NEF to bring proposals to his Ministry regarding improving the welfare of workers, especially those in the agricultural sector.He highlighted practices that needed to be stopped, such as in the case of farmers who hired labourers, including children, under the guise of ‘independent contractors’ so as to evade the requirements of the labour laws, failed to pay the stipulated minimum wage, and also treated former workers as ‘discarded old property’.In view of the alleged exploitation of workers’ rights and violations of labour laws emanating from the practices of labour-hire companies, !Naruseb said the Government was considering introducing an Employment Services Bill.”We recognise the need for legitimate temporary employment services, but intend to take action to eliminate what appears to many to be the vestiges of the inhumane contract labour system of the apartheid era.”!Naruseb also focused on Vision 2030 and said Government was currently reviewing progress made in implementing the strategy, adding that both public and private-sector institutions would be called on to take greater responsibility for leadership and co-ordination on specific components of Vision 2030.He said the double challenge facing a number of developing countries including Namibia was how to increase economic growth and meaningful employment for the jobless masses.!Naruseb told the NEF members: “I urge you to be guided by the need to address the complex ‘double challenge’ of decent work and economic growth, when formulating your own programmes and proposal to Government in the areas of labour-market regulation and social protection.”The Namibia Labour Force Survey 2004, which was issued in March this year, reveals an overall unemployment rate of 36,7 per cent and an unemployment rate of 44,9 per cent in rural areas.It also shows unemployment rates of 43,3 per cent among women, and 60 per cent among young people between the ages of 15 and 24.