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Namibia. Labour Act
NATLEX database

NAMIBIA

Labour Act 1992. Dated 13 March 1992.
             (Government Gazette of the Republic of Namibia, 8 Apri l 1992, No. 388, pp. 1­151.)


TABLE OF CONTENTS

PART I: INTRODUCTORY PROVISIONS (Sections 1­2)

PART II: ADMINISTRATION OF ACT 3­6

PART III: LABOUR ADVISORY COUNCIL 7­14

PART IV: LABOUR COURT AND DISTRICT LABOUR COURTS 15­24

PART V: BASIC CONDITIONS OF EMPLOYMENT 25­44

PART VI: TERMINATION OF CONTRACTS OF EMPLOYMENT AND UNFAIR DISCIPLINARY ACTIONS 45­53

PART VII: TRADE UNIONS AND EMPLOYERS' ORGANISATIONS . 54­67

PART VIII: COLLECTIVE AGREEMENTS 68­73

PART IX: DISPUTES BETWEEN EMPLOYERS OR REGISTERED EMPLOYERS' ORGANISATIONS AND EMPLOYEES OR REGISTERED TRADE UNIONS 74­83

PART X: WAGES COMMISSION 84­95

PART XI: HEALTH, SAFETY AND WELFARE AT WORK OF EMPLOYEES . 96­103

PART XII: POWERS OF INSPECTORS . 104­105

PART XIII: AFFIRMATIVE ACTION AND COMPLAINTS IN RELATION TO UNFAIR DISCRIMINATION OR HARASSMENT 106­107

PART XIV: MISCELLANEOUS OFFENCES, PENALTIES AND EVIDENCE 108­110

PART XV: MISCELLANEOUS PROVISIONS 111­117

SCHEDULE. LAWS REPEALED OR AMENDED


PREAMBLE

WHEREAS the Republic of Namibia is, in terms of Chapter 11 of the Namibian Constitution, bound to actively promote and maintain the welfare of the people of Namibia:

WHEREAS in so doing the Republic of Namibia has adopted in the labour field a policy aimed at enacting legislation, with due regard to the furtherance of labour relations conducive to economic growth, stability and productivity through the promotion of an orderly system of free collective bargaining, the improvement of wages and conditions of employment of employees and the advancement of persons who have been disadvantaged by past discriminatory laws and practices, the regulation, free from discrimination on grounds of sex, race, colour, ethnic origin, religion, creed or social or economic status of conditions of employment, of all workers in Namibia and in particular:

­to ensure equality of opportunity for women, particularly, in relation to remuneration, and to provide for maternity leave to, and employment security for, women;

­to promote sound labour relations and fair employment practices by encouraging freedom of association by way of, inter alia, the formation of trade unions to protect workers' rights and interests, and to promote the formation of employers' organisations;

­to lay down certain obligatory minimum basic conditions of service for all employees without infringing or impairing the right to agree to conditions of service which are more favourable than such basic conditions;

­to ensure the protection of the health, safety and welfare of men and women at work and to prevent the abuse of child labour;

­where possible, to adhere and give effect to international labour Conventions and Recommendations of the International Labour Organisation;

NOW, THEREFORE, BE IT HEREBY ENACTED by the National Assembly of the Republic of Namibia, as follows:


PART I. INTRODUCTORY PROVISIONS

Section 1. Definitions. In this Act, unless the context indicates otherwise:

­"casual employee" means a day worker who is employed by the same employer on not more than two days in any week;

­"collective agreement" means any agreement in writing, the terms of which are negotiated by, entered into between, and signed by or on behalf of:

(a)on the one hand:

(b)on the other hand any registered trade union or group of registered trade unions:

in relation to any terms and conditions of employment and any other matter of mutual interest;

­"Commission" means the Wages Commission established by section 84;

­"Commissioner" means the Labour Commissioner appointed under section 3(1)(a), and includes the acting Labour Commissioner so appointed;

­"committee", in relation to the Council, means any committee of the Council established under section 10(1);

­"complaint" means a complaint of an alleged contravention of, or a failure to comply with, a provision of this Act or any term and condition of a contract of employment or a collective agreement by a complainant in relation to which a district labour court is empowered to exercise jurisdiction by virtue of any such provision;

­"conciliation board" means a conciliation board established under section 75 or deemed to have been so established;

­"Council" means the Labour Advisory Council established by section 7 and, in so far as any functions of the Council have, under paragraph (b) of subsection (1) of section 10, been assigned to a committee of the Council, includes any such committee;

­"day worker" means any employee who is not a shift worker;

­"dispute", for purposes of Part IX, means any dispute in any industry in relation to any labour matter between:

(a)on the one hand:

(b)on the other hand:

and includes any dispute relating to:

(aa)the application, or the interpretation, of any provision of this Act or of any term and condition of a contract of employment or a collective agreement, including the denial or infringement of any right conferred by or under any provision of this Act or any right conferred by any term and condition of a contract of employment or a collective agreement, or the recognition of a registered trade union as an exclusive bargaining agent or the refusal to so recognise any such trade union;

(bb)the existence or non­existence of a contract of employment or a collective agreement;

­"dispute of interests" means any dispute in relation to any labour matter other than a matter referred to in paragraph (aa) or (bb) of the definition of "dispute";

­"dispute of rights" means any dispute in relation to a matter referred to in paragraph (aa) or (bb) of the definition of "dispute", excluding any such dispute in respect of which a complaint has been lodged in accordance with the provisions of Part IV;

­"district labour court" means any district labour court established by section 15(1)(b);

­"employee" means any natural person:

and "employed" and "employment" shall have corresponding meanings;

­"employer" means any person including the State:

and "employ" and "employment" shall have corresponding meanings;

­"employers' organisation" means any number of employers in one or more industries associated principally for purposes of regulating relations in that industry between themselves or some of them and their employees or some of them;

­"exclusive bargaining agent" means any registered trade union recognised in terms of section 58 as an exclusive bargaining agent;

­"guard" means any employee charged with the guarding of property;

­"industry" includes any undertaking, trade or occupation and includes a section or a portion of such undertaking, trade or occupation;

­"inspector" means any person appointed as labour inspector under section 3(1)(b), and includes any person appointed under section 3(1)(c);

­"Labour Court" means the Labour Court established by section 15(1)(a);

­"lock­out" means:

with a view to inducing his or her employees or any persons in the employ of any other employer or employers to agree to, or to comply with, any demands or proposals which relate to any dispute or to abandon any demand or modification of any such demand;

­"medical practitioner" means a medical practitioner registered in terms of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act 56 of 1974), or authorised to practise as a medical practitioner under the provisions of the Health Service Professions Proclamation, 1989 (Proclamation AG, 70 of 1989), and includes, for purposes of the provisions of sections 34 and 41, any person registered as a nurse or midwife under the provisions of the Nursing Act, 1978 (Act 50 of 1978), or authorised to practise as a registered nurse or midwife under the provisions of the said Health Service Professions Proclamation, 1989;

­"Minister" means the Minister of Labour and Manpower Development;

­"night work" means any work performed during any period between the hours 20h00 and 07h00;

­"office­bearer", in relation to a trade union or employers' organisation, means a person other than an official who holds any office in such trade union or employers' organisation and includes a member of a committee of any such trade union or employers' organisation;

­"official", in relation to a trade union or employers' organisation, means an employee of such trade union or employers' organisation employed as secretary, assistant secretary or organiser of such trade union or employers' organisation or in any other capacity, whether or not such employee is employed in a full­time capacity;

­"ordinary working hours", in relation to:

or means the said hours as extended in accordance with section 29, as the circumstances may require;

­"overtime" means that portion of the time which an employee works for his or her employer which is in excess of the ordinary working hours applicable to such employee;

­"Permanent Secretary" means the Permanent Secretary: Labour and Manpower Development;

­"premises" includes any building or structure, or part thereof, whether above or below the surface of the land or water, or any vehicle, truck, vessel or aircraft;

­"public holiday" means any public holiday referred to in, or declared under, section 1 of the Public Holidays Act, 1991 (Act 26 of 1991);

­"registered", in relation to:

­"remuneration" means any payment in money made or owing to any employee by virtue of his or her employment, excluding:

and "remunerate" shall have a corresponding meaning;

­"security guard" means any employee who is charged with the supervision, or control over, a guard or the control of, or reporting on, the movement of persons or vehicles through a checkpoint or who may in the course of his or her employment be required to act as a guard or to perform any other security duty;

­"shift worker" means an employee who works in shifts in or in connection with any industry in relation to which work is performed in two or more shifts per day;

­"shop" means:

­"spread­over", in relation to an employee, means the period in any day reckoned from the time when such employee first commences work until he or she ceases to work for that day, and for the purposes of this definition "day" means a period of 24 consecutive hours reckoned from the time of the said commencement of work;

­"State" includes:

­"strike" means the refusal or failure in concert by two or more employees of an employer to continue, whether completely or partially, to work or to resume their work or to comply with the terms and conditions of employment applicable to them, or the retardation by them of the progress of work, or the obstruction by them of work with a view to inducing such employer or any other employer to agree to, or to comply with any demands or proposals which relate to any dispute or to abandon any demand or modification of any such demand;

­"trade union" means any number of employees in one or more industries associated principally for purposes of regulating relations in that industry between themselves or some of them and their employers or some of their employers;

­"wage order" means a wage order made under section 92;

­"week", in relation to an employee, means the period of seven days within which the working week of that employee falls.

Section 2. Application of Act. (1) Subject to the provisions of subsections (2) and (3), this Act shall apply in relation to every employer including the State, and every employee in Namibia.

(2)Notwithstanding the provisions of subsection (1):

in so far as any such provisions relate to the remuneration and other conditions of service of persons employed in terms of those provisions, shall, subject to the provisions of subsection (3), not be affected by the provisions of this Act.

(3)Notwithstanding the provisions of subsection (2)(b):

and may by like notice amend or withdraw any such notice.


PART II. ADMINISTRATION OF ACT

Section 3. Appointment of Labour Commissioner and labour inspectors. (1) The Minister:

(2) An inspector shall at the time of his or her appointment be furnished with a certificate signed by the Permanent Secretary stating that he or she has been appointed as an inspector.

Section 4. Records and returns. (1) Every employer:

(2) An employer shall retain all records kept in terms of subsection (1), or a microreproduction thereof, for a period of not less than five years.

(3) Subject to the provisions of section 5, the Permanent Secretary may from time to time compile, analyse and tabulate statistics collected by way of returns submitted in terms of this section and cause, subject to the directions of the Minister, such statistics, as so compiled, analysed and tabulated, or abstracts therefrom to be published in such form as may be determined by the Permanent Secretary.

(4)Any employer who:

shall be guilty of an offence and on conviction be liable to a fine not exceeding R4,000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.

Sections 5­6. [Preservation of secrecy, limitation of liability.]


PART III. LABOUR ADVISORY COUNCIL

Section 7. Establishment of Labour Advisory Council. There is hereby established a council to be known as the Labour Advisory Council.

Section 8. Functions of Council. (1) Subject to the provisions of this Act, the functions of the Council shall be to make such investigations as it may deem necessary, and to advise the Minister generally or in respect of any particular case in relation to:

(2) For purposes of subsection (1) the Council shall investigate, on at least one occasion in every year, matters referred to in paragraphs (a), (b), (c), (d) and (e) of subsection (1) and report thereon to the Minister.

Section 9. Constitution of Council. (1) The Council shall consist of:

and selected by the Minister from persons nominated in accordance with the provisions of subsection (2).

(2) For purposes of the appointment of members in terms of paragraph (c) of subsection (1), the Minister shall from time to time invite, by notice in writing, registered trade unions and registered employers' organisations to nominate such number of persons as may be specified in such notice who in the opinion of any such registered trade union or registered employers' organisation represent their interests and are fit and proper persons to be appointed as members of the Council.

(3) The Council may co­opt with the concurrence of the Minister, on such conditions as may be determined by the Minister and for such period, if any, as may be so determined from time to time, one or more persons to assist it in the performance of its functions or assist a committee in the performance of such committee's functions, but such person or persons shall not be entitled to vote on any matter before the Council or such committee.

Section 10. Committees of Council. (1) The Council may:

(2) For purposes of the provisions of this Act, any function performed by a committee referred to in subsection (1) by virtue of the provisions of paragraph (b) of that subsection shall be deemed to have been performed by the Council.

Sections 11­14. [Terms of office and conditions of service, vacation of offices, meetings and decisions, administrative functions.]


PART IV. LABOUR COURT AND DISTRICT LABOUR COURTS

Section 15. Establishment of Labour Court and district labour courts. (1) There is hereby established:

each of which shall be a court of record.

(2) The proceedings in the Labour Court and every district labour court shall be carried on in open court, except in so far as any such court has, in the interests of good order or public morals and subject to such conditions, if any, directed otherwise.

Section 16. Constitution of Labour Court. (1) The Labour Court shall consist of a judge or acting judge of the High Court of Namibia designated by the Judge President for such purpose for the period of the hearing of, or for, such cases as may be determined by the Judge President, and who shall be the president of the Court.

(2) The president of the Labour Court may:

to advise the Labour Court on any matter to be adjudicated upon by the Labour Court in the proceedings in question.

(3) For purposes of the appointment of assessors referred to in paragraph (a) of subsection (2), the Minister shall:

compile separate lists, in respect of such employees and such employers, of persons containing on each list the names of such equal number of persons as the Minister may deem necessary for purposes of the provisions of this Part who in the opinion of the Minister are fit and proper persons to act, for purposes of subsection (2)(a), on account of their special knowledge and experience in the field of labour relations, as assessors.

(4) An assessor appointed in terms of subsection (2) who is not employed in the public service on a full­time basis shall be paid out of moneys appropriated by law, such remuneration and allowances, if any, and in respect of a journey undertaken for purposes of the business of the Labour Court, such subsistence and travelling allowances as the Minister may, with the concurrence of the Minister of Finance, determine.

Section 17. Constitution of district labour courts. (1) A district labour court shall consist of a magistrate, designated by the Minister of Justice or any officer in the Ministry of Justice designated by him or her, who shall be the chairperson of the district labour court.

(2) The chairperson of the district labour court may:

to advise the district labour court on any matter to be adjudicated upon by such district labour court in the proceedings in question.

(3) A magistrate referred to in subsection (1) may be designated in respect of one or more district labour courts.

(4) Subsection (4) of section 16 shall apply mutatis mutandis in relation to a district labour court.

Section 18. Jurisdiction and powers of Labour Court. (1) The Labour Court shall have exclusive jurisdiction:

(2) A party to any proceedings before the Labour Court may appear in person or be represented by a legal practitioner admitted to practise as an advocate in terms of the Admission of Advocates Act, 1964 (Act 74 of 1964), or as an attorney in terms of the Attorneys Act, 1979 (Act 53 of 1979).

(3) Subject to the provisions of this section and sections 16 and 22, the Labour Court shall, in the exercise or performance of its powers and functions, have all the powers of the High Court of Namibia under the High Court Act, 1990 (Act 16 of 1990), as if its proceedings were proceedings conducted in, and any order made by it were an order of, the said High Court of Namibia.

Section 19. Jurisdiction and powers of district labour courts. (1) A district labour court shall have jurisdiction:

(2) (a)A district labour court may on the request of the respondent and with the consent of the complainant, or on its own motion, if it is of the opinion that the subject matter of the complaint relates to a dispute of interests, refer the complaint to the Commissioner;

(b)a complaint referred to the Commissioner in terms of paragraph (a) shall be deemed to be a dispute reported to the Commissioner in terms of section 74;

(c)if a complaint is referred to the Commissioner in terms of paragraph (a) the complainant shall, within a period of 14 days as from the date on which the complaint has so been referred or such longer period as the Commissioner may on good cause shown allow, comply with the provisions of subsection (2) of section 74.

(3) Any complainant, if he or she so desires, may be represented in a district labour court by a person who shall be designated by the Permanent Secretary generally or in every particular case for such purpose, and any such complainant and any respondent may appear in person in such district labour court or be represented by his or her own legal practitioner admitted to practise as an advocate in terms of the Admission of Advocates Act, 1964 (Act 74 of 1964), or as an attorney in terms of the Attorneys Act, 1979 (Act 53 of 1979), or by any other person duly authorised by such complainant or respondent, as the case may be.

(4) Subject to the provisions of this section and sections 17 and 22, a district labour court shall, in the exercise or performance of its powers and functions, have all the powers of a magistrate's court under the Magistrates' Court Act, 1944 (Act 32 of 1944), as if its proceedings were proceedings conducted in, and any order made by it were a judgement of, a magistrate's court.

Section 20. Orders of costs. The Labour Court or any district labour court shall not make any order as to any costs incurred by any party in relation to any proceedings instituted in the Labour Court or any such district labour court, except against a party which in the opinion of the

Labour Court or district labour court has, in instituting, opposing or continuing any such proceedings, acted frivolously or vexatiously.

Section 21. Appeals against judgement or orders of Labour Court or district labour courts. (1)  Any party to any proceedings before:

(2) The noting of an appeal under subsection (1) shall not stay the execution of the Labour Court's or a district labour court's judgement or order, unless the Labour Court on application directs otherwise.

Section 22. Rules of Labour Court and district labour courts. (1) There is hereby established a board to be known as the Labour Courts' Rules Board which shall consist of:

(2) A member of the Labour Courts' Rules Board other than the chairperson and the members referred to in paragraphs (d) and (e) of subsection (1) shall be paid out of moneys appropriated by law such remuneration and allowances, if any, and in respect of a journey undertaken for purposes of the business of the Labour Courts' Rules Board, such subsistence and travelling allowances as the Minister may, with the concurrence of the Minister of Finance, determine.

(3) (a)The majority of the members of the Labour Courts' Rules Board shall form a quorum for a meeting of that Board;

(b)a decision of the majority of the members of the Labour Courts' Rules Board present at a meeting thereof shall be a decision of that Board, provided that in the event of an equality of votes the chairperson of that Board shall in addition to his or her deliberative vote have a casting vote.

(4) The Labour Courts' Rules Board may, after consultation with the Council, make rules separately in respect of the Court and the district labour courts in relation to:

(5) Until such time as the rules referred to in subsection (4) are made under that subsection:

shall apply mutatis mutandis in relation to the Labour Court or the district labour courts, as the case may be, as if the Labour Court were the High Court of Namibia and any district labour court were a magistrates court.

Section 23. Offences relating to orders of Labour Court or district labour courts. Any person who contravenes or fails to comply with an order of the Labour Court or district labour court shall be guilty of an offence and on conviction be liable to the penalties which may by law be imposed for contempt of court.

Section 24. Limitation of institution of proceedings in Labour Court or lodging of complaints with district labour courts. Notwithstanding the provisions of any other law to the contrary, no proceedings shall be instituted in the Labour Court or any complaint lodged with any district labour court after the expiration of a period of 12 months as from the date on which the cause of action has arisen or the contravention or failure in question has taken place or from the date on which the party instituting such proceedings or lodging such complaint has become or could reasonably have become aware of such cause of action or contravention or failure, as the case may be, except with the approval of the Labour Court or district labour court, as the case may be on good cause shown.


PART V. BASIC CONDITIONS OF EMPLOYMENT

Section 25. Application of this Part. The provisions of this Part shall not be construed as preventing an employer from agreeing to, or granting, any condition of employment which is more favourable to any employee than any condition of employment referred to in this Part.

Section 26. Maximum weekly ordinary working hours. (1) No employer shall require or permit:

(2) In determining for purposes of subsection (1) the time worked by an employee during a week:

Section 27. Maximum daily ordinary working hours in case of day workers. (1) No employer shall require or permit:

(2) In determining for purposes of subsection (1) the time worked by an employee on a day:

Section 28. Maximum ordinary working hours per shift in case of shift workers. (1) No employer shall require or permit:

(2) In determining for purposes of subsection (1) the duration of a shift worked by an employee:

Section 29. Extension of ordinary working hours. Where an employee employed in or in connection with a shop is required to attend to a customer after completion of the ordinary working hours mentioned in section 26, 27 or 28, according to whatever hours are applicable to the employee concerned, those working hours may be extended not more than 15 minutes per day or per shift, as the case may be, but in the aggregate by not more than one hour during any week.

Section 30. Maximum spread­overs. (1) No employer shall require or permit an employee to work for a spread­over of more than 12 hours.

(2) The provisions of subsection (1) shall not apply in respect of an employee while he or she performs emergency work or work connected with the arrival, departure, provisioning, loading or unloading of a ship or aircraft used for the transportation of passengers or goods, or the arrival, departure, provisioning, loading or unloading of a truck or other heavy vehicle used for the transportation of passengers, livestock or perishable goods.

Section 31. Meal intervals. (1) No employer shall require or permit an employee:

(2) An employer may conclude an agreement with his or her employee to shorten such employee's meal interval to not less than 30 minutes, but any such agreement shall not be of any force and effect unless the employer has given written notice of such agreement to the Permanent Secretary.

(3) For the purposes of this section:

(4) The provisions of this section shall not apply in respect of:

Section 32. Overtime. (1) In this section "day" shall in the case of a shift worker mean a period of 24 consecutive hours reckoned from the time when such shift worker first commences work.

(2) No employer shall require or permit an employee to work overtime otherwise than in terms of an agreement concluded by him or her with the employee and provided such overtime does not exceed three hours on any day or ten hours during any week, or, where subsection (4) has been applied, does not exceed the maximum overtime fixed under that subsection.

(3) An employer shall pay to an employee who works overtime an amount calculated at a rate of not less than:

his or her remuneration for one hour in respect of the overtime so worked by him or her.

(4) (a)The Permanent Secretary may on application by an employer and with the concurrence of the employee or employees affected thereby by notice in writing to such employer and such employee or employees increase the maximum overtime mentioned in subsection (2) in relation to any one or more of or all the employees of that employer or any particular category of such employees mentioned in such notice;

(b)a notice under paragraph (a) shall be issued for such period and on such conditions as may be specified in such notice and may at any time be withdrawn or amended by the Permanent Secretary.

(5) The provisions of subsection (2) shall not apply in respect of an employee while he or she performs work referred to in section 30(2).

Section 33. Work on Sundays and public holidays. (1) No employer shall require or permit an employee to perform any work on a Sunday or public holiday.

(2) The provisions of subsection (1) shall not apply to an employer who employs an employee for purposes of:

(3) When an employee works for any period of time on a Sunday or public holiday as provided in subsection (1) his or her employer shall, on the request of the employee, either:

(4) When an employee does not work on a public holiday which falls on a day which otherwise is an ordinary working day for him or her, his or her employer shall pay to him or her, on the next succeeding pay­day, in respect of that public holiday an amount which shall be not less than the remuneration payable to him or her in respect of the time (excluding overtime) which is ordinarily worked by him or her on that day of the week.

(5) Any amount payable to an employee in terms of subsection (3)(a) shall be paid out to him or her not later than the pay­day next succeeding the day in respect of which such amount is payable.

(6) For the purposes of subsections (3) and (4) a shift worked by an employee which falls on a Sunday or public holiday as well as on another day shall be deemed to have been worked on that Sunday or public holiday, but if the major part of the shift falls on that other day such shift shall be deemed to have been worked on that other day.

Section 34. Night work. (1) No person shall require or permit any employee to work on night work:

(2) When an employee other than an employee referred to in subsection (1) is employed on night work, his or her employer shall pay to such employee, in addition to the remuneration payable in respect of the time, excluding overtime, ordinarily worked by him or her on a weekday, an amount of not less than an amount calculated at a rate of 6 per cent of such remuneration.

Section 35. Calculation of remuneration. (1) For purposes of the provisions of this Act:

(2) For purposes of the provisions of this Act:

Section 36. Payment of remuneration. (1) The remuneration payable to an employee, other than a casual employee, shall be paid to such employee weekly or, if the employer and his or her employee so agree, fortnightly or monthly, as the case may be, on the pay­day in respect of which that remuneration is payable or, in the case of an employee whose contract of employment is terminated before such pay­day, on the day on which such contract of employment is terminated, not later than one hour after the completion of the ordinary working hours of that employee.

(2) The remuneration payable to a casual employee shall be paid daily or, if the employer and his or her employee so agree, weekly, fortnightly or monthly, as the case may be, not later than the time contemplated in subsection (1).

(3) The remuneration payable to an employee:

Section 37. Prohibition of certain acts relating to payment of remuneration. No employer shall:

Section 38. Employees required to live in on place of employment or other premises of employer. (1) If an employee is by virtue of his or her employment required to live in on the place of his or her employment or to reside on any premises of his or her employer, such employer shall:

(2) The provisions of paragraph (b) of subsection (1) shall not apply in relation to an employee who is provided by his or her employer, on such basis as may be determined by mutual agreement, with food or rations or an additional allowance to provide for the reasonable needs of such employee and of his or her dependants.

(3) For purposes of this section "dependants" mean, in relation to an employee, such employee's husband or wife, as the case may be, whether or not such employee is married to him or her, and their or his or her dependent children.

Section 39. Annual leave. (1) (a) An employer shall grant an employee at least 24 consecutive days' leave of absence on full remuneration in respect of each period of 12 consecutive months for which the employee is employed by him or her (hereinafter referred to as a leave cycle): Provided that the period of leave may be reduced by the number of days on which the employee was during the relevant leave cycle granted occasional leave on full remuneration at his or her request;

(b)no employer shall during an employee's leave referred to in paragraph (a) require or permit that employee to perform any work as his or her employee.

(2) The leave referred to in subsection (1)(a):

(3) An employer shall pay an employee to whom leave is granted in terms of subsection (1), the remuneration in respect of his or her leave not later than the last working day of the employee before the commencement of his or her leave, or, at the written request of the employee, not later than the first pay­day for such employee after the expiration of his or her leave.

(4) Upon termination of an employee's employment his or her employer shall pay to him or her:

Provided that an employer may deduct from any amount payable in terms of this subsection, any amount paid to the employee concerned in respect of any day on which he or she was granted occasional leave at his or her written request.

(5) The amount to be paid to an employee in terms of subsection (3) or (4) shall be calculated at least at the rate of the remuneration which the employee was receiving immediately prior to the date upon which his or her leave commenced or his or her employment terminated, as the case may be.

(6) Any period during which an employee:

amounting in the aggregate in any leave cycle to not more than 12 weeks in respect of the periods referred to in paragraphs (a), (b) and (c) shall, for the purposes of subsections (1) and (4), be deemed to be employment with his or her employer.

(7) In this section "employer" includes:

if any such executor, administrator, trustee, liquidator or new owner continues to employ the employee concerned.

(8) For the purposes of this section a leave cycle shall be deemed to commence on:

whichever is the latest.

(9) Subject to the provisions of subsection (4), no employer shall agree with an employee to pay to him or her any amount in lieu of leave to which he or she is entitled in terms of subsection (1), or pay any such amount to him or her.

(10) This section shall not apply in respect of a casual employee.

Section 40. Sick leave. (1) An employer shall grant an employee who is absent from work through incapacity:

sick leave in the aggregate on full remuneration during each period of 36 consecutive months for which the employee is employed by him or her (hereinafter referred to as a sick leave cycle): Provided that during the first 12 consecutive months of employment an employee shall not be entitled to sick leave on full remuneration at a rate of more than, in the case of an employee who works not more than five days during a week, one working day in respect of each completed period of five weeks employment, and, in the case of every other employee, one working day in respect of each completed month of employment.

(2) The amount to be paid in terms of subsection (1) to an employee in respect of a day's sick leave on full remuneration, shall not be less than the remuneration payable to him or her in respect of the time (excluding overtime) ordinarily worked by him or her on that day of the week.

(3) An employer shall not be bound in terms of subsection (1) to pay to an employee an amount in respect of any absence from work for a period covering more than two consecutive days, unless the employee produces a medical certificate signed by a medical practitioner and stating the nature and duration of the employee's incapacity: Provided that if an employee has during any period of up to eight weeks received payment in terms of that subsection on two or more occasions without having produced such a certificate to his or her employer, his or her employer shall during the period of eight weeks immediately succeeding the last such occasion not be bound to pay the said amount to the employee in respect of any absence from work, unless he or she produces such a certificate.

(4) The provisions of subsection (1) shall not apply in respect of:

(5) For the purposes of this section:

(a)any period during which an employee:

amounting in the aggregate in any sick leave cycle to not more than 36 weeks in respect of the periods referred to in subparagraphs (i), (ii) and (iii) shall be deemed to be employment with his or her employer;

(b)any continuous employment which an employee has had with the same employer at the commencement of this Act, shall be taken into account, and any sick leave on full remuneration granted by the employer to the employee during that period of continuous employment, shall be deemed to have been granted under this section;

(c)"incapacity" shall mean inability to work owing to any sickness or injury other than sickness or injury caused by an employee's own misconduct: Provided that any inability to work caused by an accident or a scheduled disease as defined in section 2 of the Workmen's Compensation Act, 1941 (Act 30 of 1941), shall only be regarded as incapacity during any period in respect of which no compensation is payable in terms of that Act.

Section 41. Maternity leave. (1) A female employee who has completed at least 12 months continuous service in the employment of an employer shall, with a view to her confinement, be entitled to at least four weeks' maternity leave before the expected date of her confinement, certified in writing by a medical practitioner to be such expected date, and ending at least eight weeks after the date of such confinement, so certified to be such date of confinement.

(2) (a)A female employee referred to in subsection (1) shall not be deprived of any rights which vested in her by virtue of her employment on the date immediately before the date on which her maternity leave commences, and such rights, including any rights in relation to seniority, promotion and any benefits to which she is entitled by

virtue of her membership of a medical scheme or fund or a pension scheme or other retirement scheme, shall continue as if her period of employment were not interrupted during the period of any maternity leave granted to her in terms of that subsection;

(b)the provisions of paragraph (a) shall not be construed as conferring any right upon the female employee concerned to receive any remuneration during the period of her maternity leave, but such female employee may be entitled to receive during such period such compensation as may be provided for in any law governing security of employment.

(3) An employer shall not terminate any contract of employment of a female employee referred to in subsection (1) during any period of her maternity leave or at the expiry of such leave:

unless such employer has taken all reasonable steps to offer her another appropriate work or such female employee has unreasonably refused to accept any such offer.

Section 42. Child labour. No person shall:

Section 43. Victimisation prohibition and protection of freedom of association. (1) No employer shall reduce the rate of remuneration of an employee, or alter the terms and conditions of his or her employment to terms or conditions less favourable to him or her, or alter his or her position relative to other employees employed by that employer to his or her disadvantage, by reason of the fact or because the employer suspects or believes, whether or not the suspicion or belief is justified or correct, that such employee:

(2) No employer shall refuse to employ any person by reason only of the fact or because the employer suspects or believes, whether or not the suspicion or belief is justified or correct,

that such employee belongs or has belonged to any trade union the object of which is or was to protect or promote the interests of employees in relation to their employers, or takes or has taken part outside his or her ordinary working hours or, with the consent of the employer, during his or her ordinary working hours in the formation of lawful activities of any such union.

Section 44. [Powers of district labour courts in respect of contraventions of, or failure to comply with, provisions of this Part.]


PART VI. TERMINATION OF CONTRACTS OF EMPLOYMENT AND UNFAIR DISCIPLINARY ACTIONS

Section 45. Meaning of unfair dismissals and unfair disciplinary actions. (1) For purposes of the provision of section 46, but subject to the provisions of subsection (2):

without a valid and fair reason and not in compliance with a fair procedure, shall be regarded to have been dismissed unfairly or to have been taken unfairly, as the case may be.

(2) For purposes of the provisions of subsection (1), an employee shall not be regarded to have been dismissed or to have been imposed a disciplinary penalty for a valid and fair reason, if such employee is dismissed or such penalty is imposed:

Section 46. Orders of district labour courts in relation to unfair dismissals from employment, or unfair disciplinary action taken against employees. (1) If, upon a complaint lodged in accordance with the provisions of Part IV by an employee who has been dismissed from his or her employment or against whom any disciplinary action has been taken, as the case may be, a district labour court is satisfied that such employee has been so dismissed unfairly or that such disciplinary action has been so taken unfairly, the district labour court may:

(2) An order referred to in subparagraph (i) or (ii) of paragraph (a) of subsection (1) may be made subject to such conditions as the district labour court may deem just and equitable in the circumstances and may include a condition providing for the imposition of an appropriate disciplinary penalty.

(3) When in any proceedings in terms of this section it is proved that an employee was dismissed from his or her employment or that any disciplinary action has been taken against such employee, it shall be presumed that, unless the contrary is proved by the employer concerned, such employee has been dismissed unfairly or that such disciplinary action has been taken unfairly against such employee.

(4) In considering:

Section 47. Termination of contracts of employment by notice. (1) Subject to the provisions of this section, an employer or employee who intends terminating a contract of employment on a date, whether before or after a date on which it would ordinarily have expired by virtue of any provision contained in such contract of employment, shall:

(2) Subject to the provisions of subsection (3), a notice in terms of subsection (1) shall, except when given by an illiterate employee, be given in writing, and shall:

(3) A period of notice given in terms of subsection (1) shall not run concurrently with, and shall not be given during, an employee's period of absence on leave granted in terms of section 39, 40 or 41.

(4) Notwithstanding the provisions of subsection (1):

(5) If notice of termination of a contract of employment is given in terms of subsection (1), the employer shall pay to the employee as his or her remuneration in respect of the period of notice an amount which is not less than an amount equal to the amount he or she would otherwise have been paid in respect of the period of such notice had the contract of employment not been terminated.

(6) The provisions of this section shall not be construed as preventing:

(7) For purposes of the provisions of this section, the employment of an employee shall not be regarded to have been interrupted during any period:

(8) For purposes of the calculation of any uninterrupted period of employment referred to in this section, any period referred to in subsection (7) shall be included in any such uninterrupted period of employment to be determined for purposes of this section, except any period during which action has been taken by way of a strike or lock­out as contemplated in paragraph (d) of the said subsection (7) in relation to an employee so referred to who has participated in the strike in question or has been involved in the lock­out in question.

Section 48. Termination of contracts of employment by death or insolvency of employer or, in case of company or juristic person, winding up of company or juristic person or, in case of partnership, dissolution of partnership. (1) A contract of employment shall terminate on a date at least one month:

as if such employee were employed by the executor of the estate of such deceased person on behalf of such estate, by the administrator, trustee or liquidator of such company or juristic person in his or her capacity as administrator, trustee or liquidator of such company or juristic person or by each partner of such partnership, as the case may be or such longer period as may be provided for in such contract of employment or a collective agreement, or, in the case of a company or juristic person, such longer period, subject to the provisions of section 50, as such company or juristic person continues, notwithstanding its winding up, to carry on business.

(2) Notwithstanding anything to the contrary contained in any other law, an employee referred to in subsection (1) shall, in respect of the remuneration and other moneys payable to such employee by virtue of the provisions of that subsection, and who has proved a claim against the deceased or insolvent estate of the employer concerned, be deemed to be a preferent creditor of such estate.

(3) The provisions of this section shall not be construed as prohibiting the executor, administrator, trustee, liquidator or partner referred to in subsection (1) from terminating any such contract on any other date, whether or not during the month referred to in the said subsection (1), in accordance with any other provision of this Act or any provision contained in a collective agreement.

Section 49. Termination of contracts of employment at places other than places where employees are recruited. (1) Where a contract of employment is terminated, whether with or without notice, at any place other than the place where any employee has been recruited, the employer shall:

provide such employee with such reasonable transportation or an amount equal to the costs of such transportation to enable him or her to return to the place where he or she has so been recruited.

(2) The provisions of subsection (1) shall not apply:

(3) The provisions of section 47(7) and (8) shall apply mutatis mutandis in relation to the determination of a period of uninterrupted employment referred to in subsection (2)(a).

Section 50. Collective termination of contracts of employment. (1) Any employer who intends to terminate any or all of the contracts of employment of his or her employees on account of the reorganisation or transfer of the business carried on by such employer or to discontinue or reduce such business for economic or technological reasons, such employer shall:

(2) Any employer who contravenes or fails to comply with the provisions of subsection (1) shall be guilty of an offence and on conviction be liable to a fine not exceeding R4,000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.

Section 51. Certificates of employment. (1) On the termination of a contract of employment, an employer shall furnish such employee with a certificate of employment containing no particulars other than:

(2) The provisions of subsection (1) shall not be construed as prohibiting an employer from furnishing an employee whose contract has been terminated with a testimonial or other certificate of character.

Section 52. Severance allowances. (1) Subject to the provisions of subsection (2), an employer shall, upon:

pay to such an employee or in the case of an employee referred to in paragraph (c), to such employee's surviving spouse or, if there is no such spouse, such employee's children or, if there are no such children, such employee's estate, in addition to any amount paid to such employee by virtue of the provisions of section 47(4)(a), by way of allowance, an amount equal to the deficiency between:

which is less than the amount calculated in terms of paragraph (i).

(2) The provisions of subsection (i) shall not apply:

(3) For purposes of the provisions of subsection (1):

(4) The provisions of section 47(7) and (8) shall apply mutatis mutandis in relation to the determination of a period of uninterrupted employment referred to in subsection (1).

Section 53. [Powers of district labour courts in respect of contraventions of, or failure to comply with, provisions of this Part.]


PART VII. TRADE UNIONS AND EMPLOYERS' ORGANISATIONS

Section 54. Registration of trade unions and employers' organisations. (1) Any trade union or employers' organisation may apply for registration to the Commissioner in such form as may be determined by the Commissioner.

(2) Any application referred to in subsection (1) shall be accompanied:

(3) If after considering any application made under subsection (1), the Commissioner is satisfied:

the Commissioner shall register such trade union or employers' organisation, as the case may be, and furnish such trade union or employers' organisation with a certificate of registration in such form as may be determined by the Commissioner.

(4)(a)If an application for the registration of a trade union or employers' organisation made in terms of subsection (1) has been refused by the Commissioner, the trade union or employers' organisation in question may note, in accordance with the provisions of Part IV, an appeal to the Labour Court;

(b)the Labour Court may in an appeal referred to in paragraph (a):

Section 55. Matters to be included in constitutions of trade unions and employers' organisations. In order to be registered, the constitution of a trade union or employers' organisation shall, in addition to any other provisions which may be contained therein, contain provisions as to:

Section 56. Effect of registration of trade unions and employers' organisations. (1) Any trade union or employers' organisation shall upon registration in terms of section 54 become, under the name by which it is so registered, a juristic person, and shall be capable in law of suing or being sued and subject to the provisions of this Act and of any other law prohibiting or restricting the acquisition or holding of land as defined for the purposes of such other law, of purchasing or otherwise acquiring, holding or alienating property, moveable or immovable, and of doing all such things as may be necessary for or incidental to the exercise of its powers or the performance of its duties or functions in terms of its constitution.

(2) Unless it is otherwise provided by the constitution of a registered trade union or registered employers' organisation, no person shall, by reason only of the fact that he or she is a member, office­bearer or official of that union or organisation, be liable for any of the liabilities and obligations of that union or organisation.

Section 57. Rights of registered trade unions and of members of registered trade unions. (1) Subject to the provisions of this Act, a registered trade union shall have the right:

Section 58. Recognition of registered trade unions as exclusive bargaining agents. (1) A registered trade union or group of registered trade unions which represents the majority of employees who fall within a bargaining unit, defined by it, and who are employed by any employer, may, upon an application in writing made, in accordance with the provisions of subsection (2), to such employer or a registered employers' organisation of which such employer is a member, be recognised by such employer or employers' organisation to act, for purposes of negotiating with such employer or employers' organisation a collective agreement or on any matter of mutual interest, as the exclusive bargaining agent on behalf of the employees within the bargaining unit in question, whether or not such employees in such bargaining unit are members of such trade union or group of trade unions.

(2) An application referred to in subsection (1) shall be accompanied by:

and a copy of such application shall simultaneously be submitted to the Commissioner.

(3) An employer or registered employers' organisation referred to in subsection (1) shall, within a period of 30 days as from the date of the receipt of an application referred to in that subsection:

and such employer or employers' organisation shall forthwith inform such trade union or group of trade unions by notice in writing of such decision and submit a copy of such notice simultaneously to the Commissioner.

(4) It shall be the duty of any registered trade union or group of registered trade unions recognised in terms of this section as an exclusive bargaining agent in respect of the bargaining unit in question to represent, for the purposes referred to in subsection (1), the interests of every employee falling in that bargaining unit, whether or not any such employee is a member of such trade union.

(5)(a)If upon an application, made to the Labour Court in accordance with the provisions of Part IV, by a trade union or group of trade unions referred to in subsection (1) whose application in terms of that subsection for the recognition as an exclusive bargaining agent has been refused by an employer or employers' organisation on any grounds contemplated in subsection (3)(b)(ii), the Labour Court is satisfied that such application for recognition has been refused unfairly or on grounds which are not reasonable or that grounds exist by virtue of which such trade union or group of trade unions ought to be recognised, the Labour Court may:

(b)in any application referred to in paragraph (a) where the appropriateness of a bargaining unit, as defined by the trade union or group of trade unions in question, is in dispute, the Labour Court shall have regard to the organisational structure of the undertaking, trade or occupation in which the employer concerned is involved with a view to promote orderly and effective collective bargaining with a minimum amount of fragmentation of such structure.

(6) If, upon an application, made to the Labour Court in accordance with the provisions of Part IV, by:

(a)an employer or registered employers' organisation referred to in subsection (1), a registered trade union or group of registered trade unions recognised in terms of that subsection or any other registered trade union or group of registered trade unions representing any employees within a bargaining unit, the Labour Court is satisfied:

the Labour Court may:

(aa)issue an order in terms of which any such recognition is withdrawn with effect from a date specified in such order;

(bb)make such order as it may deem necessary in relation to the continuance or cessation of any collective agreement which has been entered into between such trade union and any employer or registered employers' organisation;

(cc)make such other order as the Labour Court may deem necessary to ensure proper compliance with the provisions of this subsection;

(b)any registered trade union, registered employers' organisation or other interested person, the Labour Court is satisfied that such person or any other person is an employee or an employee falling within a bargaining unit, the Labour Court may make an order in terms of which it is declared that such person or any other person is such an employee or is an employee falling within such bargaining unit.

(7) The provisions of:

(a)subsection (3) shall not be construed as prohibiting any registered trade union or group of registered trade unions from submitting, at any time after an application referred to in subsection (2) has been refused on any ground contemplated in paragraph (b)(i) of the said subsection (3), proof of its allegation that it represents the majority of the employees within the bargaining unit in question obtained by way of:

whereupon the employer or employers' organisation in question shall reconsider such application;

(b)this section shall not be construed as prohibiting:

Section 59. Rights of access of registered trade unions to enter upon premises of employers. (1) Subject to the terms and conditions of a collective agreement an office­bearer, official or other authorised representative of a registered trade union:

(a)shall, in the case of a registered trade union recognised in terms of section 58 as an exclusive bargaining agent in respect of employees employed by an employer, have the right of access, subject to such reasonable conditions as may be determined, with due regard to the effective performance of any operations to be carried out in the course of such employer's industry, by such employer, to any premises under the control of any such employer where any such employees are employed or housed at such time and during such period as may be determined by mutual agreement between the employer and such trade union, in order to enable such office­bearer, official or person to perform any of his or her functions in terms of this Act, the constitution of such trade union or a relevant collective agreement;

(b)may, in the case of any other registered trade union, be granted permission, which permission shall not be unreasonably withheld and may be granted subject to any conditions referred to in paragraph (a), by the employer of any employees who are members of such trade union, to enter any premises under the control of any such employer where such employees are housed or are present outside working hours in order to enable such office­bearer, official or person to recruit employees as members of such trade union or to otherwise perform any of his or her functions in terms of this Act, the constitution of such trade union or a relevant collective agreement.

(2) The provisions of subsection (1) shall not be construed as prohibiting or preventing any employer:

for purposes of holding meetings of members of the registered trade union in question, only during such hours which are not ordinary working hours of such members.

(3) Any office­bearer, official or person referred to in subsection (1) shall, upon the request of the employer concerned, furnish to such employer such proof as may be reasonably necessary to prove that he or she is such office­bearer, official or person and is duly authorised to perform any function contemplated in this subsection.

(4) The provisions of this section shall not be construed as preventing any employer or registered employers' organisation of which such employer is a member and any registered trade union referred to in subsection (1) from agreeing by way of a collective agreement or otherwise to extend or to give better effect to such provisions in so far as they relate to the right of any office­bearer or official of such trade union to enter any premises on which any such employees are employed.

(5) If, upon an application, made to the Labour Court in accordance with the provisions of Part IV, by a registered trade union referred to in subsection (1), the Labour Court is satisfied that any employer referred to in that subsection has failed to comply with any provision of that subsection, the Labour Court may:

Section 60. Collection of membership fees of registered trade unions by way of deductions from remuneration of employees. (1) An employee who is a member of a registered trade union may by notice in writing authorise his or her employer to deduct from any remuneration payable to him or her by virtue of his or her employment by such employer on the pay­day in respect of which any such employee's remuneration is payable to him or her or at such intervals as may be determined by mutual agreement or specified in any collective agreement, any membership fees, subscriptions, contributions, special levies or other moneys owing by him or her to such trade union by virtue of his or her membership, and may by like notice of not less than one month to such employer and the trade union in question, withdraw any such authorisation.

(2) An employer referred to in subsection (1):

deduct from the remuneration of the employee concerned any amount which represents the membership fees, subscriptions, contributions, special levies or other moneys in question.

(3) An employer who has deducted from the remuneration of an employee any amounts referred to in subsection (1) shall:

(4) The provisions of this section shall not be construed as preventing any employer or registered employers' organisation of which such employer is a member and any employees of such employer or registered trade union of which such employees are members from agreeing by way of a collective agreement or otherwise to extend or to give better effect to such provisions in so far as they relate to any deductions made or to be made from the remuneration of any employee employed by any such employer.

(5) If, upon an application, made to the Labour Court in accordance with the provisions of Part IV, by an employee referred to in subsection (1) or a registered trade union of which employees referred to in that subsection are members, the Labour Court is satisfied that any employer referred to in that subsection has failed to comply with any provision of that subsection, the Labour Court may:

Section 61. Obligations of registered trade unions and registered employers' organisations. A registered trade union or registered employer organisation shall:

(2) An application by a registered trade union or registered employers' organisation for the approval of the Commissioner referred to in paragraph (f) of subsection (1) shall be made to the Commissioner in such form as may be determined by the Commissioner and shall be accompanied by three copies of any resolution passed in relation to the substitution or alteration of its constitution, containing the wording of the proposed new constitution or proposed alteration thereof, as the case may be, together with a certificate under the hand of its chairperson certifying that such resolution has been passed in accordance with the requirements of its constitution.

(3) If, after considering any application made under subsection (2), the Commissioner is satisfied that the proposed new constitution or the proposed alteration complies mutatis mutandis with the requirements contemplated in section 54(3) he or she shall:

and thereupon such new constitution or alteration shall be deemed to have been substituted or altered, as the case may be as from that date.

Section 62. Rights and obligations of members of registered trade unions and registered employers' organisations. (1) Notwithstanding anything to the contrary contained in the constitution of a registered trade union or registered employers' organisation:

(2) For purposes of this section:

Section 63. Powers of Commissioner in relation to trade unions and employers' organisations. (1) The Commissioner may at any time, if he or she has reason to believe that the constitution of any trade union or employers' organisation:

by notice in writing addressed and delivered to such trade union or employers' organisation order such trade union or employers' organisation to effect such alteration in its constitution as may be specified in such notice within such period as may be so specified.

(2) The Commissioner shall not issue an order referred to in subsection (1) unless he or she:

(3) If a trade union or employers' organisation referred to in subsection (1) fails to comply with an order issued under the said subsection (1), the Labour Court may, upon an application made to it by the Commissioner in accordance with the provisions of Part IV:

(a)issue an order in terms of which:

(i)any of the provisions contained in the constitution of such trade union or employers' organisation specified in such order or all such provisions is or are struck out;

(ii)any provision or provisions specified in such order is or are substituted for any other provision or provisions set out in such order;

(iii)any provision or provisions so specified is or are added to, or inserted in, such constitution;

(iv)such trade union or employers' organisation is ordered:

(aa)to substitute a new constitution for its constitution;

(bb)to alter any or all the provisions of its constitution by the substitution for any such provision or provisions for, a provision or provisions containing terms specified in such order;

(cc)to add to, or insert in, such constitution a provision or provisions containing terms specified in such order;

within such period as may be so specified;

(v)in the case of a registered trade union or registered employers' organisation, the registration of such registered trade union or employers' organisation is:

(aa)cancelled as from a date specified in such order;

(bb)suspended as from a date specified in such order until such time as it complies with any condition determined by the Labour Court in such order;

(vi)the cancellation of such registration is suspended with effect from a date specified in such order until a date so specified on condition that it complies within such period and on such conditions as may be determined in such order;

(b)make such other order as the Labour Court may deem necessary to ensure proper compliance with the provisions of this Act.

(4) Upon the cancellation of the registration of a trade union or employers' organisation in terms of an order made under subsection (3) such trade union or employers' organisation shall as from the date specified in such order, for purposes of this Act, be deemed not to have been registered.

Section 64. Returns to be submitted by registered trade unions and registered employers' organisations. (1) A registered trade union and a registered employers' organisation shall submit annually, not later than six months after the end of its financial year, a return in such form as may be determined by the Commissioner setting out:

(a)the address of its head office and its postal address;

(b)the name and postal address of every office­bearer and official and the designation of the office held by every such office­bearer or official;

(c)the number of its members in good standing.

(2) The provisions of section 62(2) shall apply mutatis mutandis in relation to the return referred to in subsection (1) in so far as it relates to members in good standing of the registered trade union or registered employers' organisation in question.

(3) If a registered trade union or a registered employers' organisation contravenes or fails to comply with the provisions of subsection (1), the Labour Court may, upon application made to it by the Commissioner in accordance with the provisions of Part IV:

(a)issue an order in terms of which the registration of any such trade union or employers' organisation:

(i)is cancelled with effect from a date specified in such order;

(ii)is suspended as from a date specified in such order until such time as it complies with any condition determined by the Labour Court in such order;

(b)issue an order in terms of which an order ordering the cancellation of such registration is suspended with effect from a date specified in such order until a date so specified on condition that it complies within such period and on such conditions as may be determined in such order;

(c)make such other order as the Labour Court may deem necessary to ensure proper compliance with the provisions of this section.

(4) Upon the cancellation of the registration of a trade union or employers' organisation in terms of an order made under subsection (3) such trade union or employers' organisation shall as from the date specified in such order, for purposes of this Act, be deemed not to have been registered.

Section 65. Workplace union representatives. (1) Any group of employees consisting of not less than ten employees who are members of a registered trade union and who are employed by an employer at any particular undertaking or portion of an undertaking shall have the right to elect from among their number:

to act as their workplace union representative or as their workplace union representatives, as the case may be, who shall have the rights and perform the duties referred to in this section.

(2) A workplace union representative shall hold office for a period of two years, but shall at the expiration of his or her period of office be eligible for re­election.

(3) An employer referred to in subsection (1) shall furnish at the place where any employees so referred to are employed, such facilities as are reasonably necessary for purposes of an election of any workplace union representative as provided in the said subsection (1);

(4) Subject to the terms and conditions of any collective agreement, it shall be the function of a workplace union representative:

(a)to make representations to the employer on any matter in relation to:

(i)the terms and conditions of employment of employees;

(ii)disciplinary actions taken or about to be taken against any employees;

(iii)the termination of the contract of employment of any employees;

in respect of whom he or she has been elected;

(b)to collect and receive information and make representations in relation to the dismissal of employees referred to in section 50;

(c)to perform such other duties as may be determined by mutual agreement between the registered trade union in question and the employer concerned or may be contained in a collective agreement.

(5) Subject to the terms and conditions of a collective agreement, an employer shall, with due regard to the effective performance of any operations to be carried out in the course of such employer's industry:

(a)grant a workplace union representative such reasonable leave of absence, without any loss of remuneration, as may be necessary in order to enable such workplace union representative to perform his or her duties referred to in subsection (4);

(b)grant a workplace union representative such special leave, with or without remuneration in the discretion of the employer, in order to enable such workplace union representative to attend meetings and training courses of the registered trade union in question or meetings or training courses attended by that trade union which are connected with or incidental to the duties of workplace union representatives.

(6) The provisions of this section shall not be construed as preventing any employer or registered employers' organisation of which such employer is a member and any employees of such employer or registered trade union of which such employees are members from agreeing by way of a collective agreement or otherwise to extend or to give better effect to such provisions in so far as they relate to the election, number, duties and rights of workplace union representatives.

Section 66. Powers of Labour Court in relation to certain matters regarding registered trade unions and registered employers' organisations. (1) If, upon an application, made to the Labour Court in accordance with the provisions of Part IV, by the Commissioner or any interested person, the Labour Court is satisfied:

(a)that the provisions of the constitution of a registered trade union or registered employers' organisations which is to be wound up are inadequate in so far as it relates to its winding up;

(b)that in consequence of a failure to comply with any provision of any such constitution has resulted in such trade union or employers' organisation being unable to function in accordance with its constitution due:

the Labour Court may:

(2) Upon the cancellation of the registration of a registered trade union or registered employers' organisation in terms of an order made under subsection (1) such trade union or employers' organisation shall as from the date specified in such order, for purposes of this Act, be deemed not to have been registered.

(3) If, upon an application, made to the Labour Court in accordance with the provisions of Part IV, by the Commissioner or a member of a registered trade union or registered employers' organisation, the Labour Court is satisfied that any such trade union or employers' organisation or any office­bearer or official of such trade union or employers' organisation has failed to comply with any provision of its constitution, the Labour Court may issue:

(a)an order in terms of which any such trade union or employers' organisation, office­bearer or official is ordered to comply with any such provision or to comply with any such provision to the extent indicated in such order;

(b)such other order as the Labour Court may deem necessary in order to ensure proper compliance with such provisions.

(4)(a)If, upon an application made to the Labour Court by any interested person, the Labour Court is satisfied:

the Labour Court may make:

(b)any further election held in terms of an order referred to in paragraph (a) shall be deemed to be an election held in terms of the constitution of such trade union or employers' organisation, as the case may be.

Section 67. [Miscellaneous powers of Labour Court in relation to certain acts.]


PART VIII. COLLECTIVE AGREEMENTS

Section 68. Registration of collective agreements. (1) Any person who is a party to a collective agreement may submit such collective agreement to the Commissioner for registration.

(2) In order to be registered a collective agreement:

(a)shall contain a provision:

(b)may contain a provision providing for:

(3) The Commissioner shall upon receipt of a collective agreement in terms of subsection (1) consider the terms and conditions thereof and:

(4) A collective agreement referred to in subsection (3)(b) may at any time after receipt thereof again be submitted to the Commissioner for registration:

whereupon, such agreement shall, for purposes of this section, be deemed to have been submitted in terms of subsection (1).

(5) The Commissioner shall not register a collective agreement in terms of subsection (3)(a) if any term and condition contained in such collective agreement are in conflict with the provisions of Chapters 3 and 11 of the Namibian Constitution or of any provision of this Act or any other law.

(6) The Commissioner shall upon registration of a collective agreement in terms of this section as soon as practicable publish such collective agreement by notice in the Gazette or in such other manner as the Commissioner may deem reasonable or expedient.

(7)(a)If the registration of a collective agreement has been refused by the Commissioner in terms of subsection (5), the registered trade union, employee or registered employers' organisation or interested person in question may note, in accordance with the provisions of Part IV, an appeal to the Labour Court;

(b)the Labour Court may in an appeal referred to in paragraph (a):

Section 69. Effect of registration of collective agreements. (1) A collective agreement which has been entered into between an employer or employers' organisation and a registered trade union or group of registered trade unions which has been recognised by such employer or employers' organisation as an exclusive bargaining agent in relation to the matters contained in such agreement and which has been published as provided in section 68(6) shall be binding upon:

to the extent set out in such collective agreement, with effect from the date specified in such collective agreement or determined in terms of such collective agreement, whether or not such date is a date before or after such registration.

(2) Any matter contained in a registered collective agreement relating to the terms and conditions of employment of any employee concerned shall, for purposes of the provisions of this Act, be deemed to have been incorporated:

(3) The Minister may at any time after the registration of a collective agreement in terms of section 68, if upon the request in writing by any employer or employee:

he or she is satisfied that special circumstances exist in the interests of such employer or employee, exempt by notice in writing, subject to such conditions or exceptions as may be determined by the Minister and specified in such notice, such employer or employee from any or all of the provisions of such collective agreement.

Section 70. Binding effect of registered collective agreements upon persons other than persons referred to in section 69. (1) Subject to the provisions of subsection (2), the Minister may, upon the request in writing by any party to a registered collective agreement by notice in the Gazette declare all the provisions of such collective agreement or such provisions thereof as may be specified by him or her in such notice, to be binding, subject to such conditions, exceptions or exemptions as the Minister may deem necessary or just, upon every employer and employee or upon such category of employers or employees as may be so specified employed in the industry to which such collective agreement relates or in any portion thereof as may be so specified as from a date and for a period, if any, fixed by him or her and specified in such notice.

(2) The Minister shall, before publishing a notice referred to in subsection (1), cause to be published in the Gazette a notice notifying all interested persons of the request referred to in that subsection calling upon persons who may have objections to the proposed notice or the provisions of the registered collective agreement in question to submit such objections to the Commissioner within a period specified in such notice of not less than 30 days from the date of the publication of such notice.

(3) The Minister shall not issue a notice referred to in subsection (1):

(4) When the Minister has published a notice referred to in subsection (1) or (2) he or she or, on the authority of the Minister, the Commissioner may from time to time on the request of the parties in question and if he or she deems it expedient to do so, by notice in the Gazette:

(5) The Minister may at any time after the publication of a notice referred to in subsection (1), if, upon the request in writing by any employer or employee:

(6) (a)If:

the party, employer or employee concerned, registered trade union, registered employers' organisation or other interested person in question may note, in accordance with the provisions of Part IV, an appeal to the Labour Court;

(b)the Labour Court may in an appeal referred to in paragraph (a):

Section 71. Amendment or rectification of registered collective agreements. (1) When any collective agreement registered and published in terms of section 68 is amended or replaced by a further collective agreement, the provisions of this Part shall apply in relation to such further agreement.

(2) The Commissioner shall, on the request of the parties to a registered collective agreement, effect the rectification of such collective agreement in order:

if the Commissioner is satisfied that such correction, inclusion or deletion is not in conflict with any provision of this Act.

(3) The Labour Court may upon an application made by any party to a registered collective agreement, order the rectification of any such collective agreement to the extent specified in such order, if the Labour Court is satisfied:

Section 72. Binding effect of collective agreements not registered in terms of section 68. A collective agreement, whether or not registered, between an employer or registered employers' organisation and any other registered trade union other than a registered trade union referred to in section 69(1) shall be binding upon:

to the extent set out in such collective agreement, with effect from the date specified in such collective agreement or determined in terms of such collective agreement, whether or not such date is a date before or after such registration.

Section 73. Interpretation of collective agreements for purposes of this Part. The provisions of a collective agreement shall not be construed as prohibiting or preventing, or limiting the right of, any employer from entering in good faith, without impairing or undermining collective bargaining and the status of any registered trade union involved, into any contract of employment which contains conditions of employment which are more favourable than any term and condition contained in a collective agreement.


PART IX. DISPUTES BETWEEN EMPLOYERS OR REGISTERED EMPLOYERS' ORGANISATIONS AND EMPLOYEES OR REGISTERED TRADE UNIONS

Section 74. Reporting of disputes. (1) Any person who is a party to any dispute may report such dispute by notice in writing under his or her hand to the Commissioner in such form as may be determined by the Commissioner, and shall submit a copy of such notice to all other parties involved in such dispute.

(2) A notice referred to in subsection (1) shall contain:

and shall, if and when required by the Commissioner, be accompanied by copies of any collective agreement, contracts of employment or other documents which relate to such dispute.

(3) (a)An employer who is a party to a dispute referred to in subsection (1) relating to the alteration or intended alteration of any condition of employment by such employer shall, upon receipt of the notice referred to in subsection (1), restore, if such notice has been received on a date not later than 30 days after any such alteration has been effected, such condition of employment as from the date on which such alteration has been effected or refrain from effecting such intended alteration until such dispute is resolved or settled in accordance with the provisions of this Part or is otherwise disposed of;

(b)an employer who contravenes or fails to comply with the provisions of paragraph (a) shall be guilty of an offence and on conviction be liable to the penalties which may be imposed by law for contempt of court.

Section 75. Establishment of conciliation boards. (1) Subject to the provisions of subsections (2) and (3), the Commissioner shall, upon the receipt of a notice referred to in section 74(1), as soon as practicable after the date of such receipt, establish a conciliation board for such period as may from time to time be determined by the parties to the dispute by mutual agreement consisting of:

(2) Any casual vacancy on the conciliation board caused by the death or vacation of office by any member of the conciliation board shall be filled mutatis mutandis in accordance with the provisions of subsection (1).

(3) The Commissioner shall not establish a conciliation board as provided in subsection (1), unless he or she is satisfied that the parties to the dispute have taken all reasonable steps to resolve or settle the dispute in question or until such time as he or she is so satisfied.

(4) A member of a conciliation board, including the chairperson if he or she is a person who is not employed in the public service on a full­time basis, shall be paid out of moneys appropriated by law, such remuneration and allowances, if any, and in respect of a journey undertaken for purposes of the business of the conciliation board, such subsistence and travelling allowances as the Minister may, with the concurrence of the Minister of Finance, determine.

(5) The administrative and clerical work involved in the performance of the functions of a conciliation board shall be performed by officers in the Ministry of Labour and Manpower Development made available by the Permanent Secretary for that purpose.

Section 76. Terms of reference of conciliation boards. The Commissioner shall, after consultation with the parties to the dispute, with due regard to the subject­matter of the dispute set out in the notice referred to in section 74(2), determine the terms of reference of the conciliation board.

Section 77. Meetings of conciliation boards. (1) The first meeting of a conciliation board shall be held at such time and place as the chairperson may determine, and any meeting thereafter shall be held at such time and place as may be determined by the conciliation board.

(2) A conciliation board may make rules in relation to the holding of, and procedure at, meetings of the conciliation board.

(3) No communication made by any person in the course of any proceedings during a meeting of a conciliation board shall be admissible in evidence in any court proceedings instituted or any arbitration proceedings held in terms of the provisions of this Act, except with the consent in writing of the person who has made such communication.

Section 78. Resolved disputes. If the parties to any dispute resolve or settle such dispute, whether before or after the establishment of a conciliation board, the parties shall prepare a memorandum of agreement in which the terms and conditions upon which such dispute has been resolved or settled are set out, and either party to such agreement or such parties jointly may, if such party or parties so desire, submit a copy of such agreement to the Commissioner for registration mutatis mutandis in accordance with the provisions of this Act as if such agreement were a collective agreement.

Section 79. Unresolved disputes. (1) If a conciliation board has failed to resolve or settle any dispute within the period determined in terms of section 75:

(a)in the case where the dispute in question is a dispute of rights:

to the Labour Court in accordance with the provisions of Part IV for an order in terms of subsection (3) of this section;

(b)the parties to any dispute may, whether before or after the institution of any proceedings in the Labour Court in accordance with the provisions of Part IV, by mutual agreement refer the matter, subject to the provisions of subsection (4), to arbitration; or

(c)in the case where the dispute in question is a dispute of interests:

(2) (a)The provisions of paragraph (c)(ii) of subsection (1) shall not apply:

(3) (a)Subject to the provisions of this Act, the Labour Court may, upon an application referred to in subsection (1)(a), inquire in a summary manner into and determine any question relating to the subject­matter of any dispute to which such application relates and may issue such order as the circumstances may require;

(b)any decision of the Labour Court made in terms of paragraph (a) shall be final and binding on all parties to the dispute in question.

(4) (a)Subject to the provisions of paragraph (b) of this subsection and the terms and conditions of any arbitration agreement entered into between the parties to any dispute pursuant to the provisions of paragraph (b) of subsection (1), the provisions of the Arbitration Act, 1965 (Act 42 of 1965), shall apply in relation to any arbitration referred to in the said paragraph (b) or (c)(i) of that subsection as if this Act is an arbitration agreement defined in section 1 of that Act;

(b)in the application of the provisions of paragraph (a):

(c)any award made on arbitration in terms of this section shall be final and binding on all parties to the arbitration agreement;

(d)notwithstanding the provisions of section 35 or 36 of the said Arbitration Act, 1965, no costs shall be awarded in relation to the expenses incurred in relation to any arbitration contemplated in this section, except in so far as the parties to the arbitration proceedings have by mutual agreement determined otherwise.

Section 80. Powers of Minister in relation to essential services. The Minister may apply to the Labour Court in accordance with the provisions of Part IV for an order:

Section 81. Strikes, lock­outs and picketing. (1) Any party to a dispute who has, by virtue of the provisions of section 79(1)(c)(ii), the right to take action by way of strike or lock­out and who wishes to take such action shall give notice of such intention to all other parties to the dispute on a date at least 48 hours before such party commences such action, and shall simultaneously submit a copy of such notice to the Commissioner.

(2) Notwithstanding the terms and conditions of a collective agreement or of any contract of employment, the terms and conditions of any such collective agreement or contract of employment

shall not be regarded to have been breached or repudiated by reason only of any action lawfully taken in terms of this section by way of strike or lock­out.

(3) Notwithstanding the provisions of any other law to the contrary, it shall be lawful for any employee, office­bearer or official of any registered trade union to be, whether with or without the permission of the employer concerned, at or near the place of employment in question for the purposes of peacefully communicating information or peacefully persuading any other person to perform any work or not to so perform any work, provided such action is in furtherance of a strike by virtue of the provisions of section 79(1)(c)(ii).

(4) The provisions of this section shall not be construed as imposing any liability or obligation on any employer to remunerate any employee who has participated in any action lawfully taken in terms of this section by way of a strike, for services which he or she has not rendered during any period in which such action has taken place.

(5) Any employee who has participated in any strike by virtue of the provisions of section 79(1)(c)(ii) shall be entitled to return to his or her employment after such strike has ended if such employee presents himself or herself for duty within a period of three days as from the date on which such strike has so ended or the date on which such employee has become or could reasonably have become aware that such strike has ended or within such further period as may be reasonable in the circumstances relating to such employee, unless such employee's contract of employment has been fairly terminated on account of the reorganisation of the business carried on by such employer or for economic or technological reasons or for any other valid or fair reason.

(6) Notwithstanding any provisions contained in any term and condition of a contract of employment or a collective agreement to the contrary, an employee who is not participating in any strike referred to in subsection (1) shall not be required to perform any duties, functions or work which he or she would not have been required to perform had any other employee not participated in such strike, unless the performance of such duties, functions or work is necessary to prevent the life, health or safety of any person being endangered.

Section 82. Limitation of application for interim interdicts in relation to strikes or lock­outs. Notwithstanding anything to the contrary contined in any law, no interim interdict shall be granted against any person involved in any manner whatsoever in any strike or lock­out referred to in section 81(1), unless:

except where the court considering such application is satisfied that the life, health or safety of any person will be endangered if compliance with the provisions of this section is required.

Section 83. Limitation of liability of registered trade unions. No civil proceedings shall be instituted in any court of law, including the Labour Court or a district labour court, against any employee, employer, registered trade union or registered employers' organisation or any officer, office­bearer or official of a registered trade union or registered employers' organisation in connection with any action taken by virtue of the provisions of section 79(1)(c)(ii) by way of strike or lock­out or in connection with any wrongful act or omission other than defamation or other act which, in addition to civil liability, constitutes, whether in terms of the common law or any other law, a criminal offence performed or committed by such employee, employer, officer, office­bearer or official or such trade union or employers' organisation in the furtherance of, or within, the course of such action.


PART X. WAGES COMMISSION

Section 84. Establishment of Wages Commission. There is hereby established a commission to be known as the Wages Commission which may be constituted by the Minister, either on his or her own motion or on the request of any registered trade union or registered employers' organisation, from time to time as circumstances may require and for such period, if any, as may be determined by the Minister, in order to inquire into and report to the Minister on any matter contemplated in section 85(1).

Section 85. Terms of reference of Commission. (1) It shall be the duty of the Commission to enquire into and report to the Minister on any matter determined subject to the provisions of subsection (2), by the Minister by notice in the Gazette in relation to:

(a)the remuneration and other conditions of service paid or granted to:

(b)the amendment of any wage order.

(2) The Commission shall not be competent to inquire into any matter contained in:

(3) A notice referred to in subsection (1) may, in addition to the matters referred to in that subsection, contain:

(4) The provisions of the Commissions Act, 1947 (Act 8 of 1947), shall apply mutatis mutandis in relation to the Commission as if it were a commission referred to in section 1 of that Act.

(5) The chairperson, any member of the Commission or any other person authorised thereto by the Commission in writing under the hand of the chairperson of the Commission shall have the powers referred to in paragraph (a) of section 104(2) as if the chairperson or such member or person were an inspector.

Section 86. Constitution of Commission. (1) Subject to the provisions of subsection (2), the Commission shall consist of:

(a)a chairperson appointed by the Minister; and

(b)two other members so appointed of whom:

(2) Notwithstanding the provisions of subsection (1), the Minister may, in the case of an inquiry in relation to the amendment of a wage order, appoint the persons or any one or more of them who were the members of the Commission which inquired into and reported on matters which have given rise to that wage order.

(3) [Administrative and clerical work, appointment of secretary, consultation.]

Sections 87­89. [Terms of office and conditions of service, vacation of offices, meetings and decisions of Commission.]

Section 90. Consideration of matters relating to terms of reference. The Commission shall in the course of its inquiry and with a view to its report and recommendations have regard to the aims of Article 95 of the Namibian Constitution in so far as it relates to labour matters, all representations and other information submitted to it in the course of its inquiry and all matters which are relevant or connected with any matter to which such inquiry relates, including, but without derogating from the generality of this section:

Section 91. Reports of Commission. (1) The Commission shall as soon as practicable after it has completed its inquiry into the matters in question submit a report to the Minister signed by the members of the Commission or, in the event of a majority decision, by the majority of such members, together with any minority report, if any, prepared by the member holding a minority view on any matter relating to the inquiry and considered by the Commission.

(2) A report referred to in subsection (1) shall, in addition to the Commission's findings, contain the Commission's recommendations, in so far as it is relevant, on:

(3) The Minister may publish in such manner or form as may be determined by him or her any report submitted to him or her in terms of subsection (1) or any information, excluding information relating to the financial statements or trade practices of any particular employer, contained in such report or extracts therefrom or summary thereof.

Section 92. Wage orders. (1) Upon consideration of a recommendation of the Commission submitted in terms of section 92, the Minister may, if he or she deems it expedient to do so, make a wage order, which shall be in accordance with such recommendation.

(2) After making any such wage order, the Minister shall cause to be published in the Gazette a notice stating that fact and setting forth the provisions of the wage order and the date as from which such provisions shall be binding, and the said provisions shall be binding as from that date on all employers in the industry in question to which such wage order relates.

(3) The Minister shall, if he or she decides not to issue any wage order by virtue of the powers vested in him or her by subsection (1), table in the National Assembly, within 14 days as from the date on which he or she has so decided, if the National Assembly is then in session or, if the National Assembly is not then in session, within 14 days after the commencement of its next ensuing session:

Section 93. Cancellation or suspension of wage orders. The Minister may, if he or she deems it expedient to do so, and after consultation with all parties bound by a wage order, by notice in the Gazette, and as from a date or for a period and in respect of any area specified in that notice, from time to time cancel or suspend one or more or all of the provisions of such wage order.

Section 94. Period of operation of wage orders. The provisions of a wage order shall, subject to a suspension in terms of section 93, remain binding until they are cancelled in terms of that section or until they are amended or superseded by a new wage order or by a registered collective agreement.

Section 95. Exemptions from provisions of wage orders. (1) When application is made in such form and manner as may be determined by the Minister for the exemption of any person or category of persons from all or any of the provisions of a wage order which is binding in terms of this Act and the Minister is of the opinion:

he or she may, if he or she deems it expedient, grant exemption from all or any of the provisions of the wage order in question to or in respect of that person or category of persons, for such period (which period may commence on a date prior to the date on which it is granted, but not earlier than the date on which the application was made) and subject to such terms and conditions as he or she may determine.

(2) The terms and conditions of an exemption granted under subsection (1) shall be incorporated in a licence of exemption signed by the Minister and a copy thereof shall be transmitted to the persons exempted and persons affected by the exemption.

(3) The Permanent Secretary shall furnish on the request of any person and upon payment of such fee as may be determined by the Minister to any such person a copy of a licence of exemption issued under subsection (3).

(4) (a)Any person who feels himself or herself aggrieved by the granting of an exemption in terms of this section may note, in accordance with the provisions of Part IV, an appeal to the Labour Court;

(b)the Labour Court may in an appeal referred to in paragraph (a):


PART XI. HEALTH, SAFETY AND WELFARE AT WORK OF EMPLOYEES

Section 96. Duties of employers on health, safety and welfare at work of employees. (1) It shall be the duty of every employer or person in charge of any premises or place where employees are employed to take, free of charge to such employees, all such steps as may be prescribed by regulation under section 101, in order to ensure the safety, health and welfare at work of all employees in his or her employment.

(2) Without derogating from the generality of the provisions of subsection (1), the duty referred to in that subsection shall include the duty:

Section 97. Duties of employers on health and safety to persons other than employees. (1) It shall be the duty of every employer to carry on his or her business in or on his or her premises in such a manner so as to ensure, in so far as it is reasonably practicable and in such manner as may be prescribed by regulation under section 101, that persons not in his or her employment who may be affected thereby are not exposed to hazards to their safety or health.

(2) An employer shall in such circumstances and manner as may be prescribed by regulation under section 101 give such information as may be so prescribed in relation to the manner in which he or she is carrying on his or her business to persons other than his or her employees whose health and safety may be affected by such business and the manner in which their health and safety may be affected thereby.

Section 98. Rights and duties of employees at work. (1) It shall be the duty of every employee at work:

(2) An employee at work shall have the right to remove himself or herself from any place where he or she is employed when he or she has reasonable cause to believe that his or her safety or health will be endangered at such place until such time as effective measures have been taken to ensure his or her safety or health, provided such employee shall forthwith report the reasons for his or her belief to his or her employer.

Section 99. Election of workplace safety representatives and establishment of workplace safety committees.

(1) (a)Any group of employees consisting of not less than ten employees, whether or not they are members of a trade union, who are employed by an employer at any particular place shall have the right to elect from among their number one employee and, in the case of a group of employees consisting of more than 100 employees, in respect of every additional 100 employees one additional employee to act as their workplace safety representative who shall have the rights and perform the duties referred to in this section;

(b)an employer shall, on the request of a workplace safety representative or, in the absence of a workplace safety representative, at least ten employees in his or her employ, establish a workplace safety committee consisting of:

the function of which shall be to observe the application of the regulations made under section 101 and the rules made under section 103 in or at places where employees are employed by the employer and to advise the employer concerned on any matter which in its opinion is necessary to achieve at such place the objects of this Part and to perform such other functions as may be agreed upon between the employer concerned and the workplace safety committee.

(2) (a)The provisions of sections 65(2), (3), (5) and (6) and 66(4) shall apply mutatis mutandis in relation to the election of workplace safety representatives;

(b)subject to the terms and conditions of any collective agreement, it shall be the duty of a workplace safety representative:

(c)It shall be the duty of an employer:

(d)the provisions of this subsection shall not be construed as requiring an employer to disclose information to any workplace safety representative which:

(3) A workplace safety committee may make rules in relation to the holding of, and procedure at meetings of that committee, including the election or designation of its chairperson.

(4) If, upon an application made to the Labour Court in accordance with the provisions of Part IV by an employee referred to in paragraph (a) of subsection (1), a workplace safety representative or a registered trade union of which employees referred to in that subsection are members, the Labour Court is satisfied that any employer referred to in subsection (2) has failed to comply with any provision of that subsection, the Labour Court may:

Section 100. Powers of inspectors to issue certain orders. (1) An inspector may, if he or she has reason to believe that any employer or other person in charge of any premises or place where employees are employed:

by notice in writing addressed and delivered to such employer or person issue an order:

(2) (a)An employer or person in respect of whom an order referred to in subsection (1) has been issued, may note, in accordance with the provisions of Part IV, an appeal to the Labour Court;

(b)the Labour Court may in an appeal referred to in paragraph (a):

(c)an order referred to in paragraph (a) shall:

unless the Labour Court, upon an application by the inspector, directs otherwise.

Section 101. Regulations on health and safety of employees at work. (1) The President may, after consultation with the Council, make regulations in relation to any matter which by any provision of this Part is required or permitted to be prescribed by regulation and, generally, any matter which the President considers necessary or expedient in order to achieve the objects of this Part.

(2) Without derogating from the generality of subsection (1) any regulation made under subsection (1) may include any matter relating to:

(a)the measures to be taken to secure the safety and the preservation of the health and welfare of employees at work, including sanitation, ventilation and lighting in, on or about premises where machinery is used or building, excavation or any other work is performed by employees;

(b)the duties of occupiers of such premises, users of such machinery, builders, excavators and employers and employees in connection therewith;

(c)the accommodation facilities and conveniences to be provided on such premises by occupiers for employees while they are working, resting or eating therein;

(d)the clothing, safety devices and protective articles to be provided by employers, builders, excavators, occupiers of premises and users of machinery for employees who handle specified articles in the course of their work or who are employed in specified activities under specified conditions;

(e)the first­aid equipment to be provided by occupiers of premises, users of machinery, builders and excavators, and the employment of persons who hold specified qualifications in first aid, and the provision of ambulances and other health­care facilities;

(f)the steps to be taken by the owners of premises used or intended for use as factories or places where machinery is used, or by occupiers of such premises or by users of machinery in connection with the structure of such buildings or otherwise in order to prevent or extinguish fires, and to ensure the safety, in the event of fire, of persons in such buildings;

(g)the medical examination of persons in relation to occupational health;

(h)the conditions of work of employees in, on or about any premises where in the opinion of the Minister concerned special provision is necessary to safeguard the physical, moral or social welfare of such employees;

(i)the returns, statistics, information and reports which shall be furnished in relation to premises, machinery, building work, excavation work, and employees, and the times at which, the manner in which, and the persons by whom such returns, statistics, information and reports shall be furnished, and the records which shall be kept;

(j)the conditions governing the erection, installation, working and use of any machinery and the duties, responsibilities and qualifications of the user or person in charge of or erecting, such machinery;

(k)the reporting of accidents, the submission of notices of dangerous occurrences and occupational diseases, the manner of holding inquiries in connection therewith and the procedure to be followed at such inquiries;

(l)the conditions governing the construction, erection, alteration or taking down of scaffolding or cranes;

(m)the conditions governing building work and excavations work, including the steps to be taken in connection with timbering, underpinning and shoring up;

(n)the precautions to be taken by builders or employees to prevent persons being injured by falling articles;

(o)the lighting of building work and the safeguards to be used in connection with electrical equipment;

(p)the stacking of material on or near the site;

(q)the necessary qualifications of a crane driver or hoisting appliance operator;

(r)the provision of equipment and the precautions necessary where persons employed on building or excavation work are in risk of drowning;

(s)safety, health, hygiene, sanitation and welfare of persons employed in or about mines, including sea­bed operations, and generally of persons, property and public traffic;

(t)the grant, cancellation and suspension of certificates of competency to employees in certain industries in respect of operations to be performed by them;

(u)the submission of notices of commencement and cessation of any operations;

(v)the submission of notices of appointment of employees in industries to which the provisions of paragraph (t) applies;

(w)the functions of officers acting in the administration of this Act;

(x)the making and keeping of plans of any premises relating to health and safety measures in, on or about such premises and the depositing of copies thereof in such office as may be specified in such regulations;

(y)the protection and preservation of the surface of land and of buildings, roads, railways and other structures and enclosures on or above the surface of the land, and the conditions under which any such buildings, roads, railways, structures and enclosures may be undermined or excavated;

(z)the prohibition or restrictions in relation to the making or use of roads or railways or other travelling ways over, or the erection or use of buildings or other structures over areas which have been undermined or excavated:

(3) Different regulations may be made under subsection (1) or (2) in respect of different industries or different employees employed in such industries.

(4) The regulations may:

Section 102. Administration of regulations. (1) The President may by proclamation in the Gazette assign the administration of the provisions of any regulation to any other Minister or partly to one Minister and partly to another Minister, or assign to different Ministers the administration of the said regulations in so far as they relate to different specified actions, and may in such proclamation prescribe the powers and functions which shall be exercised and performed by the several Ministers, and may further prescribe that any power and duty conferred or imposed by the said regulations upon the Minister shall be exercised or performed by one Minister acting after consultation with, or with the concurrence of, another Minister.

(2) The President may from time to time vary or amend any such proclamation.

Section 103. Rules to ensure proper administration of this Part and regulations. (1) Any Minister to whom the administration of any regulations made under section 101 has been assigned may, in so far as it has been so assigned, make rules, not inconsistent with this Part or any such regulations, for the maintenance of health and safety and the prevention of accidents in or on any place where employees are employed in any industry.

(2) The Minister referred to in subsection (1) may from time to time cause such rules to be published by such persons and in such manner and in such languages as may be determined by that Minister.


PART XII. POWERS OF INSPECTORS

Section 104. Powers of inspectors. (1) The provisions of this section, in so far as they provide for a limitation on the fundamental rights contemplated in subarticle (1) of Article 13 of the Namibian Constitution by authorising interference with the privacy of an employer's home, correspondence or communications, are enacted upon the authority conferred by that subarticle.

(2) Subject to the provisions of subsection (3), an inspector may, for purposes of the administration of this Act:

(a)mutatis mutandis in accordance with the provisions of Chapter 2 of the Criminal Procedure Act, 1977 (Act 51 of 1977), at any reasonable time and without prior notice:

as if such inspector were a police official referred to in that Act and such book, writing or other document were concerned in the commission of any offence;

(b)question any person who is present on any premises so entered upon, in connection with any matter to which this Act relates;

(c)direct that such premises or any part thereof or anything therein or thereon be left undisturbed, whether generally or in any particular respect, for as long as it is reasonably necessary to search such premises for any book, writing, other document, container or statement prepared or used in connection with any matter to which this Act relates;

(d)require any person who has control over, or custody of, any such book, writing, other document, container or statement prepared or used in connection with any matter to which this Act relates, to produce such book, writing, other document, container or statement to him or her forthwith or at such time and place as may be determined by such inspector by notice in writing addressed and delivered to such person;

(e)examine any such book, writing, other document, container or statement;

(f)require from any person referred to in paragraph (d) an explanation of any entry in any such book, writing, other document or statement or on such container;

(g)order any person by notice in writing addressed and delivered to such person to appear before him or her at such time and place as may be specified in such notice in connection with any matter to which this Act relates and question any such person on any such matter;

(h)require an employer to hand over in such inspector's presence to an employee any amount payable to such employee by way of remuneration;

(i)give directions in connection with the posting of any notices required under this Act to be posted in or on any premises;

(j)assist any employee in presenting any application or appeal to the Labour Court or any complaint to any district labour court in terms of the provisions of this Act or in settling any matter which relates to such complaint, application or appeal;

(k)take such measurements, recordings and photographs and make such readings as he or she considers necessary for the purposes of an examination or investigation;

(l)take samples of any article or substance found on any premises which he or she has power to enter, and of the atmosphere in or in the vicinity of any premises, and in the case of an article or substance which appears to him or her to be likely to cause immediate danger to health or safety to cause it to be dismantled or subjected to any process test, and to take possession of it for so long as is necessary for the purposes of examining it and doing anything which he or she is empowered to do with it;

(m)require a member of the Namibian Police Force, or request any other person, to assist him or her as an interpreter or otherwise in exercising or performing his or her powers, duties or functions under this Act.

(3) When an inspector exercises or performs a power or duty under this Act in the presence of any person affected thereby, the inspector shall on demand by any such person produce to him or her the certificate issued to such inspector in terms of section 3(2).

(4) A member of the Namibian Police Force required, or any other person requested, by an inspector to assist him or her as provided in paragraph (m) of subsection (1) may accompany such inspector in the exercise of his or her powers or the performance of his or her duties or functions under this Act as if such member or person were an inspector.

(5) An employer, every employee employed by such employer and any other person in charge of any premises on which persons are employed, shall at all times furnish such facilities as are reasonably required by an inspector in order to enable him or her to exercise or perform effectively the powers and duties to be exercised or performed by him or her under this Act on or in any premises occupied or used by such an employer or other person.

(6) Whenever any work has been given out on contract to any person by a principal or contractor, any inspector may exercise in relation to that principal or contractor all the powers conferred upon an inspector by this section in relation to an employer.

Section 105. Offences in relation to inspectors. Any person who:

(a)hinders or obstructs an inspector in the exercise of his or her powers or the performance of his or her duties or functions;

(b)refuses or fails to comply to the best of his or her ability with any requirement made by an inspector in the exercise of his or her powers or the performance of his or her duties or functions;

(c)refuses or fails to answer to the best of his or her ability any question which an inspector in the exercise of his or her powers or the performance of his or her duties or functions has put to him or her;

(d)wilfully furnishes to an inspector information which is false or misleading;

(e)falsely gives himself or herself out as an inspector;

shall be guilty of an offence and on conviction be liable to a fine not exceeding R4,000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.


PART XIII. AFFIRMATIVE ACTION AND COMPLAINTS IN RELATION TO UNFAIR DISCRIMINATION OR HARASSMENT

Section 106. Affirmative action. (1) Nothing contained in this Part or any other provision of this Act, shall be construed as prohibiting any employer or person from implementing any employment policies and practices aimed at the advancement of persons who have been disadvantaged in the labour field by discriminatory laws or practices which have been enacted or practised before the independence of Namibia.

(2) The provisions of this Part, in so far as they provide for the implementation of a policy or practice which may diminish or derogate from the fundamental rights contemplated in Article 10 of the Namibian Constitution of any employer or employee other than an employer or employee referred to in subsection (1), are enacted upon the authority of Article 23 of the Namibian Constitution.

Section 107. Unfair discrimination or harassment in employment or occupation. (1) Subject to the provisions of section 106 and subsection (2) of this section, if, upon an application made to the Labour Court in accordance with the provisions of Part IV by any person, the Labour Court is satisfied:

the Labour Court may:

(2) For purposes of the provisions of subsection (1), a person shall not be regarded to have been unfairly discriminated against, if:

disability, incapable of performing the duties or functions connected to the occupation or work in question or is so prohibited by law.

(3) For purposes of the provisions of subsection (1) a person shall be regarded to have been or about to be unfairly discriminated against on the grounds of sex, if in terms of any term and condition contained in a contract of employment entered into with an employer, such person is by virtue of his or her employment entitled to any condition of employment which is less favourable than any condition of employment to which any other person of the opposite sex is entitled for work of equal value.

(4) When in any proceedings in terms of the provision of this section, it is proved that any act performed or any requirement by an employer in relation to the employment or occupation of any person or group of persons affected thereby, has, an adverse effect on such person or group of persons if such effect of any such act or requirement is, compared with the effect thereof on any person or group of persons, who is of a different sex, race, colour, ethnic origin or who has a different religion, creed, social or economic status, political opinion, marital status, sexual orientation or who has no family responsibilities or who is not disabled, it shall be presumed, unless the contrary is proved, that such employer has unfairly discriminated against such person or group of persons as contemplated in subsection (1).

(5) For purposes of the provisions of this section:

(a)"disability", in relation to any person, includes any physical or mental disability which impairs or restricts such person's preparation for, entry into or participation or advancement in, employment or occupation;

(b)"employment or occupation", in relation to any person, includes such person's:

(c)"family responsibilities", in relation to any person, means the responsibilities of any person towards his or her dependent children in need of his or her care and support which impairs such person's preparation for, entry into or participation or advancement in, employment or occupation;

(d)"work of equal value", in relation to an employee means work:


PART XIV. MISCELLANEOUS OFFENCES, PENALTIES AND EVIDENCE

Section 108. Forced labour. (1) Any person who causes, permits or requires any other person to perform forced labour shall be guilty of an offence and on conviction be liable to the penalties which may be imposed by law for abduction.

(2) Subject to the provisions of Article 9(3) of the Namibian Constitution, in this section "forced labour" includes:

Section 109. Offences, or contraventions of, or failures to comply with provisions of Act by managers, agents or employees. (1) When any manager, agent or employee of any employer performs or fails to perform any act which would be an offence in terms of, or a contravention of, or a failure to comply with, any provision of this Act for an employer to so perform or to fail to perform any such act then, unless it is proved:

the employer himself or herself shall be presumed to have performed or failed to perform such act, and shall be liable in respect thereof, and the fact that he or she issued instructions forbidding the performance or failure to perform such act shall not, of itself, be accepted as sufficient proof that he or she took all reasonable steps to prevent such performance or failure.

(2) When any manager, agent or employee of any employer performs or fails to perform any act referred to in subsection (1) he or she shall be liable in respect thereof as if he or she were the employer.

(3) Any manager, agent or employee may be so liable in addition to the employer.

Section 110. Evidence. (1) In the absence of satisfactory proof of age, the age of any person shall in any legal proceedings in terms of this Act, including any proceedings in the Labour Court or a district labour court, be presumed to be that stated by an inspector to be in his or her opinion the probable age of that person, but any interested person who is dissatisfied with that statement of opinion may, at his or her expense require that a person whose age is in question appear before and be examined by a medical practitioner, and a statement contained in a certificate by such medical practitioner who examined that person as to what in his or her opinion is the probable age of that person shall, but only for the purposes of the said proceedings be conclusive proof of the age of that person.

(2) In any legal proceedings in terms of this Act, including any proceedings in the Labour Court or a district labour court, any statement or entry contained in any book or document kept by any employer or by his or her manager, agent or employee, or found upon or in any premises occupied by that employer, and any copy or reproduction (whether obtained by microfilming or any other process or by the use of a computer) of any such statement or entry, shall be admissible in evidence against him or her as an admission of the facts set forth in that statement or entry, unless it is proved that that statement or entry was not made by that employer, or by any manager, agent or employee of that employer in the course or his or her work as manager, or in the course of his or her agency or employment.

(3) In the event of any complaint under a provision of this Act or under a condition subject to which exemption was granted to a person under this Act in which it is alleged that such person has failed to pay to any person employed by him or her during any period at the rate of remuneration at which in respect of that period he or she was required to pay that person in terms of such provision or condition, it is proved that that person was employed by the employer during any period to which the complaint relates and that in terms of the said provision or condition the employer was required to pay to that person as the minimum rate of remuneration a certain amount in respect of that period, it shall be presumed, until the contrary is proved that the employer did not pay that amount to that person.


PART XV. MISCELLANEOUS PROVISIONS

Sections 111­113. [State contracts for goods or services, guidelines and instructions for administration of Act, service of documents.]

Section 114. Exemptions. (1) The Minister may, for such period and on such conditions as may be determined by him or her, exempt any employer or category of employers generally or in relation to any particular employee or category of employees in respect of whom this Act applies, from any provision of Part V, except sections 25, 42, 43 and 44, and from section 52.

(2) The period for which exemption may be granted under subsection (1) may commence on a date earlier than the date on which exemption is granted, but not earlier than the date on which application for such exemption was made to the Minister.

(3) An exemption under subsection (1) shall:

(4) A certificate of exemption contemplated in paragraph (a) of subsection (3) and the notice contemplated in paragraph (b) of that subsection may at any time he amended or withdrawn by the Minister.

(5) An exemption under subsection (1) shall lapse:

(6) (a)Any person who feels himself or herself aggrieved by the granting of an exemption in terms of this section may note, in accordance with the provisions of Part IV, an appeal to the Labour Court;

(b)the Labour Court may in an appeal referred to in paragraph (a):

Section 115. [Delegation of powers.]

Section 116. Repeal of laws and savings. (1) The laws specified in the Schedule are hereby repealed or amended to the extent indicated in the third column of that Schedule.

(2) Subject to the provisions of subsections (3), (4) and (5):

under any provision of any law repealed by subsection (1) and which was in force on the date immediately before the commencement of this Act, shall be deemed to have been made, established, granted or done, as the case may be, under the corresponding provision of this Act.

(3) (a)Notwithstanding the provisions of subsection (2), but subject to the provisions of paragraph (b) of this subsection, any trade union or employers' organisation which has been registered under the provisions of the Wage and Industrial Conciliation Ordinance, 1952, or deemed to have been so registered and which was so registered immediately before the commencement of this Act, shall be deemed to have been registered under the corresponding provisions of this Act;

(b)a trade union or employers' organisation referred to in paragraph (a) shall, within a period of six months as from the commencement of this Act apply for its registration in accordance with the provisions of this Act;

(c)the registration of any trade union or employers' organisation referred to in paragraph (a) shall, upon the expiry of the period of six months referred to in paragraph (b), as from the date of such expiry or the date on which any application for registration referred to in paragraph (b) has been disposed of, whichever date is the later date, be deemed not to be registered.

(4) Any:

which have not been disposed of on the date immediately before the commencement of this Act shall continue as if such application were made or such proceedings have commenced under the corresponding provisions of this Act.

(5) Any decision of any court of law given after the date of commencement of this Act in any proceedings which have commenced before such date in relation to any dispute between any employer or employers' organisation and any employee or trade union, shall, for purposes of this Act, be deemed to be a decision of the Labour Court.

Section 117. Short title and commencement. (1) This Act shall be called the Labour Act, 1992, and shall come into operation on a date to be determined by the President by notice in the Gazette.

(2) Different dates may be determined under subsection (1) in respect of different provisions of this Act.

(3) Any reference in any provision of this Act to the commencement of this Act shall be construed as a reference to the date determined under subsection (2) in relation to such provision.


SCHEDULE

LAWS REPEALED OR AMENDED

(Section 116)

       

  Column 1   Column 2   Column 3  

       

       

  No. and year of law   Title of law   Extent of repeal or amendment  

       

       

  Ordinance 12 of 1938   Apprenticeship Ordinance, 1938   The amendment of section 2  

      by the deletion of paragraph (b)  

       

  Ordinance 34 of 1952   Factories, Machinery and Building   The repeal of the whole  

    Work Ordinance, 1952    

       

  Ordinance 35 of 1952   Wage and Industrial Conciliation   The repeal of the whole  

    Ordinance, 1952    

       

  Ordinance 28 of 1957   Factories, Machinery and Building   The repeal of the whole  

    Work Amendment Ordinance, 1957    

       

  Ordinance 3 of 1958   Validation of Native Service   The repeal of the whole  

    Contracts Ordinance, 1958    

       

  Ordinance 29 of 1960   Factories, Machinery and Building   The repeal of the whole  

    Work Amendment Ordinance, 1960    

       

  Ordinance 40 of 1967   Factories, Machinery and Building   The repeal of the whole  

    Work Amendment Ordinance, 1967    

       

  Ordinance 20 of 1968   Mines, Works and Minerals   The repeal of:  

    Ordinance, 1968   (a) section 93; and  

      (b) the whole, in so far as it  

      relates to the health and  

      safety of workers employed  

      in or in connection with  

      mining and prospecting  

      operations  

       

  Act 47 of 1972   Mines, Works and Minerals in South   The repeal of section 11  

    West Africa Amendment Act, 1972    

       

  Enactment 6 of 1972   Labour Enactment for Owambo, 1972   The repeal of the whole  

       

  Proclamation   Employment Bureaux Regulations, 1972   The repeal of the whole  

  R. 323 of 1972      

       

  Act 12 of 1973   Owambo Labour Amendment Act, 1973   The repeal of the whole  

       

  Proclamation R. 32   Employment Bureaux Regulations for   The repeal of the whole  

  of 1973   Namas, 1973    

       

  Act 78 of 1973   Occupational Diseases in Mines and   The repeal of the whole  

    Works Act, 1973    

       

  Proclamation R. 259   Amendment of Proclamation R. 32 of   The repeal of the whole  

  of 1973   1973    

       

  Act 2 of 1974   Kavango Labour Act, 1974   The repeal of the whole  

       

  Act 27 of 1974   Occupational Diseases in Mines and   The repeal of the whole  

    Works Amendment Act, 1974    

       

  Act 67 of 1974   Occupational Diseases in Mines and   The repeal of the whole  

    Works Amendment Act, 1974    

       

  Act 45 of 1975   Occupational Diseases in Mines and   The repeal of the whole  

    Works Amendment Act, 1975    

       

  Proclamation R. 17   Amendment of Proclamation R. 323 of   The repeal of the whole  

  of 1976   1972    

       

  Proclamation R. 65   Namaland Employment Bureaux   The repeal of the whole  

  of 1976   Regulations, 1976    

       

  Column 1   Column 2   Column 3  

       

       

  No. and year of law   Title of law   Extent of repeal or amendment  

       

       

  Proclamation of   General Law Amendment Proclamation,   The repeal of section 14  

  AG.5 of 1977   1977    

       

  Act 117 of 1977   Occupational Diseases in Mines and   The repeal of the whole  

    Works Amendment Act, 1977    

       

  Act 30 of 1978   Occupational Diseases in Mines and   The repeal of the whole  

    Works Amendment Act, 1978    

       

  Proclamation AG. 33   Employment Bureaux Amendment   The repeal of the whole  

  of 1978   Proclamation, 1978    

       

  Proclamation AG. 45   Wage and Industrial Conciliation   The repeal of the whole  

  of 1978   Amendment Proclamation, 1978    

       

  Proclamation AG. 48   Second Employment Bureaux   The repeal of the whole  

  of 1978   Amendment Proclamation, 1978    

       

  Act 83 of 1979   Occupational Diseases in Mines and   The repeal of the whole  

    Works Amendment Act, 1979    

       

  Act 2 of 1980   Public Service Act, 1980   The amendment of section 27 by  

      the substitution for paragraph  

      (c) of subsection (1) of the  

      following paragraph:  

       

      "(c) not more than four officers  

      or employees in the public  

      service who shall be nomina­ 

      ted by registered trade  

      unions which are in the  

      opinion of the Commission  

      representative of such  

      officers and employees."  

       

  Act 83 of 1980   Occupational Diseases in Mines and   The repeal of the whole  

    Works Amendment Act, 1980    

       

  Act 85 of 1981   Occupational Diseases in Mines and   The repeal of the whole  

    Works Amendment Act, 1981    

       

  Act 106 of 1983   Occupational Diseases in Mines and   The repeal of the whole  

    Works Amendment Act, 1983    

       

  Act 123 of 1984   Pension Laws Amendment Act, 1984   The repeal of sections 2, 3,  

      4 and 9  

       

  Act 105 of 1985   Pension and Related Matters   The repeal of sections 1, 2 and 6 

    Amendment Act, 1985    

       

  Act 9 of 1986   National Labour Council Act, 1986   The repeal of the whole  

       

  Act 12 of 1986   Conditions of Employment Act, 1986   The repeal of the whole  

       

  Act 106 of 1986   Pension Laws Amendment Act, 1986   The repeal of section 12  

       

  Act 21 of 1987   National Transport Corporation Act,   (a) The amendment of section 1  

    1987   by the deletion of the  

      definition of "strike"; and  

       

      (b) the repeal of section 44  

       

  Act 24 of 1987   Conditions of Employment Amendment   The repeal of the whole  

    Act, 1987    

       

  Act 88 of 1987   Pension Laws Amendment Act, 1987   The repeal of section 2  

       

  Act 89 of 1988   Pension Laws Amendment Act, 1988   The repeal of sections 7 up to

      and including 14  

       

  Act 79 of 1989   Pension Laws Amendment Act, 1989   The repeal of the whole  

       



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