Query: Why does the company China Henan refuse to give testimonials to their workers when they retrench them? Is that not a requirement of the Labour Act?
Response: It is important for employers to give their employees testimonials to help document their work experience. The Labour Act of 2007 indicates in Section 37(6) that nothing prevents an employer from furnishing an employee, whose employment has been terminated, with a testimonial or other certificate of good character. In addition, the same section makes provision for employers to give a certificate of service to the employee on the termination of employment. Such certificate should state particulars, such as the name of the employee, name and address of the employer, description of the industry, the date of commencement and termination of employment, the employee’s job description, remuneration at the date of termination, as well as the reason for termination of employment (if the employee requests this).
Query: Minister of Labour, why is the Labour Act not applied in the fishing industry, in particular with regard to the seagoing workers? Is it because we are not Namibians? Fishermen are left out. Please do something!
Response: The Labour Act applies to all workers in Namibia, with exceptions to the police, army, central intelligence services, as well as correctional services. Therefore, seagoing workers, whether Namibian citizens or not, are covered by the Labour Act. If in any case the author of the SMS or anybody else feels sidelined from the provisions of the Labour Act, please feel free to approach the ministry’s offices in the coastal towns for advice, or to file your complaints. It is, however, noted that some provisions of the Act are not practically possible to implement at sea.
Query: What is the role of the Ministry of Labour? Are they supposed to act as the middleman during a dispute, or are they there to give advice to the company during a labour dispute? I am asking this because during the meeting we attended it appeared as if the representative from the labour Ministry was siding with the company.
Response: The role of the Ministry of Labour, Industrial Relations and Employment Creation is to ensure effective labour relations between employers and employees. The ministry provides advice to both parties and mediates in the event of a labour complaint or dispute. Depending on the type of dispute registered, a conciliator or arbitrator will be appointed by the Labour Commissioner to deal with the dispute accordingly. The role of the conciliator is to assist the parties to voluntarily reach a settlement on their own, while an arbitrator decides on the outcome of the case. The arbitrator, based on facts and evidence of the case, makes a final and binding decision. Notwithstanding this, officials need to be unbiased in the proceedings. The officials act as referees, but the losing party often blames the referee.
Maria Hedimbi, chief public relations officer in the Ministry of Labour, Industrial Relations and Employment Creation. Email: maria.hedimbi@mol.gov.na