Employer’s Federation describes labour regulations as “draconian”
The Namibia Employer’s Federation (NEF) is scheduled to meet with the Ministry of Labour today to discuss what it calls “draconian” directives with regard to the retrenchment of employees or salary cuts as the Covid-19 lockdown bites into businesses, cash flows and reserves.
Due to the lockdown and social distancing, the meeting will take place through an electronic platform.
Should the directives be published in the Government Gazette, it would be illegal for any employer to dismiss, retrench or terminate employment or force employees to take unpaid leave, sick leave or annual leave during the time of the lockdown.
Whether these directives will come into force in its current format, depends on the outcome today of the meeting with the NEF.
Contrary to what is transpiring now, the special advisor to the Ministry of Labour, Adv. Vicky Ehrenstein Ya Toivo, last week stated directives in this regard have been compiled in consultation with trade unions and the employers’ federation.
Also, on the agenda for the consultations were practices that will be in place once the economy reopens. It is widely accepted once the lockdown ends and the economy opens, it will remain a painful exercise to get back to full production. Then there is also the uncertainty what the immediate futures holds in the next weeks and months with the spread of the Coronavirus. Flu season is still weeks away for Namibia.
The directives have been through the mill. It has been submitted to the Attorney-General and approved in principle by Cabinet. Legal drafters from the Ministry of Justice are now drafting the final version to be published in the Government Gazette shortly.
According to the directives employers must reemploy any employees who lost their jobs due to Covid-19. After reappointment conditions of service and how it might out of necessity have to change must be negotiated with employees.
Dismissing any worker due to the Covid-19 crisis is in violation of the law.
When employees are served with notices of retrenchment, a four week notice period is usually demanded for the notice to take effect. In the case of Covid-19-motivated notices of retrenchment, the Ministry has now deferred the notices till after the lockdown to allow for negotiations. Negotiations are not possible during the lockdown period.
A period of 28 days after the lockdown has ended is allowed for these negotiations.
If no agreement can be reached between employers and employees, the department of labour, within the ministry can be contacted for mediation and intervention.
According to Ehrenstein Ya Toivo, employees also have the right to leave the workplace if they feel that adequate measures are not in place to guarantee their safety from contracting the virus, as long as they inform the employer about their reasons for not feeling safe.
Regulations for sick leave have also been adjusted and will now make provision for the full period of self-isolation, quarantine and time off work to take care of a loved one who might have contracted the virus.
Extended sick leave benefits are also available through the Social Security Commission.
Should the directives be published in the Government Gazette, it would be illegal for any employer to dismiss, retrench or terminate employment or force employees to take unpaid leave, sick leave or annual leave during the time of the lockdown.
Whether these directives will come into force in its current format, depends on the outcome today of the meeting with the NEF.
Contrary to what is transpiring now, the special advisor to the Ministry of Labour, Adv. Vicky Ehrenstein Ya Toivo, last week stated directives in this regard have been compiled in consultation with trade unions and the employers’ federation.
Also, on the agenda for the consultations were practices that will be in place once the economy reopens. It is widely accepted once the lockdown ends and the economy opens, it will remain a painful exercise to get back to full production. Then there is also the uncertainty what the immediate futures holds in the next weeks and months with the spread of the Coronavirus. Flu season is still weeks away for Namibia.
The directives have been through the mill. It has been submitted to the Attorney-General and approved in principle by Cabinet. Legal drafters from the Ministry of Justice are now drafting the final version to be published in the Government Gazette shortly.
According to the directives employers must reemploy any employees who lost their jobs due to Covid-19. After reappointment conditions of service and how it might out of necessity have to change must be negotiated with employees.
Dismissing any worker due to the Covid-19 crisis is in violation of the law.
When employees are served with notices of retrenchment, a four week notice period is usually demanded for the notice to take effect. In the case of Covid-19-motivated notices of retrenchment, the Ministry has now deferred the notices till after the lockdown to allow for negotiations. Negotiations are not possible during the lockdown period.
A period of 28 days after the lockdown has ended is allowed for these negotiations.
If no agreement can be reached between employers and employees, the department of labour, within the ministry can be contacted for mediation and intervention.
According to Ehrenstein Ya Toivo, employees also have the right to leave the workplace if they feel that adequate measures are not in place to guarantee their safety from contracting the virus, as long as they inform the employer about their reasons for not feeling safe.
Regulations for sick leave have also been adjusted and will now make provision for the full period of self-isolation, quarantine and time off work to take care of a loved one who might have contracted the virus.
Extended sick leave benefits are also available through the Social Security Commission.
