Ministry of Labour, Industrial Relations and Employment Creation

Cabinet Decision and Date/Year of Enactment Date of Review Name of Document Purpose/Rationale of Policy(ies)/ Strategies

1 August 1997

Not yet reviewed

LABOUR ACT, 1992 : REGULATIONS RELATING TO THE HEALTH AND SAFETY OF EMPLOYEES AT WORK

11 June 1996

Not yet reviewed

To amend the Export Processing Zones Act, 1995, so as to provide that the Labour Act, 1992, shall be applicable in an export processing zone, sub- ject to certain modifications and exceptions; and to provide for matters incidental thereto.

14 July 2011

Not yet reviewed

To provide for the establishment of the National Employment Service; to impose reporting and other obligations on certain employers and institutions; to provide for the licensure and regulation of private employment agencies; and to deal with matters incidental thereto.

18 June 2001

Not yet reviewed

To amend the Labour Act, 1992, so as to provide for certain matters relating to the Namibia Defence Force and the Namibian Police Force.

20 February 1995

Not yet reviewed

To amend the Workmen's Compensation Act, 1941, so as to adjust its provisions in view of the independence of Namibia; to amend certain definitions; to exclude members of the Namibian Defence Force on active service from the definition of "employee"; to remove certain ruminator I._ provisions; to empower the Commission to issue certain certificates in respect of contractors; to transfer the administration of the Act to the Social _ __s_~c_!tdty Commission; to repeal certain provisions relating to the appointment of assessors; to make further provision for the powers, duties and functions of the Commission; to make new provision for powers and procedures in respect of investigations by authorized persons; to make new provision for the preservation of secrecy; to make new provision for the administration of funds; to provide for the writing-off of moneys due to the accident fund; to make new provision for the responsibility of accounting and auditing; to make new provision for the exemption from income tax; to make new provision for the review of compensation; to make new provision for appeals against decisions of the Commission; to repeal certain provisions relating to benefits payable to assessors; to repeal certain provisions relating to the referral of applications to a revision board; to make further provisions for formal hearings; to make new provision for the representation of parties; to provide that the accident fund shall be a juristic person; to amend certain Provisions relating to the application of the accident fund; to establish find; to provide that the reserve fund shall be a juristic person; to make new provision for the valuation of funds; to exempt certain employers from the obligation of submitting certain statements; to provide for the transfer of moneys to the accident pension fund; to provide for alternative methods of assessment and payment of assessments; to make new provision for restrictions in respect of compensation; to increase the penalties which may be imposed under the Act; to repeal certain provisions relating to the making of regulations; to extend the provisions relating to the delegation of powers; to amend the short title of the Act; to substitute certain words and expressions in the Act; to make provision for the transfer of certain assets, liabilities, rights and obligations to the Commission and the right of certain persons to enter into employment with the Commission; and to provide for matters incidental thereto.

21 December 2007

Not yet reviewed

To amend the Affirmative Action (Employment) Act, 1998, so as to provide for additional powers for the Employment Equity Commission; the delegation of powers to certain persons; the appointment of more than one review officer for a report; the continued submission of affirmative action plans; and to provide for matters incidental thereto.

21 December 2007

Not yet reviewed

To consolidate and amend the labour law; to establish a comprehensive labour law for all employers and employees; to entrench fundamental labour rights and protections; to regulate basic terms and conditions of employment; to ensure the health, safety and welfare of employees; to protect employees from unfair labour practices; to regulate the registration of trade unions and employers’ organisations; to regulate collective labour relations; to provide for the systematic prevention and resolution of labour disputes; to establish the Labour Advisory Council, the Labour Court, the Wages Commission and the labour inspectorate; to provide for the appointment of the Labour Commissioner and the Deputy Labour Commissioner; and to provide for incidental matters.

22 November 2004

Not yet reviewed

To consolidate and amend the labour law; to establish a comprehensive Labour Law for all employers and employees; to entrench fundamental labour rights and protections; to regulate basic terms and conditions of employment; to ensure the health, safety and welfare of employees; to protect employees from unfair labour practices; to regulate the registration of trade unions and employers’ organisations; to regulate collective labour relations; to provide for the systematic prevention and resolution of labour disputes; to establish the Labour Advisory Council, the Labour Court, the Wages Commission and the labour inspectorate; to provide for the appointment of the Labour Commissioner and the Deputy Labour Commissioner; and to provide for incidental matters.

23 September 1994

Not yet reviewed

To amend the National Welfare Act, 1965, so as to correct the designation of the Directorate of Social Services in the definition of "Director of Social Services"; to repeal the provision requiring that only registered social workers may be appointed as professional welfare officers in the Public Service; and to provide for mat- ters incidental thereto.

24 March 2012

Not yet reviewed

To amend the Labour Act, 2007 so as to substitute and insert certain definitions; to regulate the employment status of individuals placed by private employment agencies to work for user enterprises; to provide protection for individuals placed by private employment agencies; to prohibit the hiring of individuals placed by private employment agencies in contemplation of a strike or lockout or following collective termination; to introduce a presumption as to employee status based on enumerated criteria; to confer on the Minister the power to deem persons to be employees; to introduce a presumption of indefinite employment; to amend the Employment Services Act, 2011 so as to insert and substitute certain definitions; to substitute certain provisions in order to align them with the definition of private employment agency; and to provide for incidental matters.

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