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Namibia - Minimum Wages - 2011


LAST UPDATE

16 September 2011.

SOURCES


Name of Act

Labour Act 2007, Act No. 11 of 2007

Other source used

Construction Industries Federation: Agreement on minimum employment conditions in the contruction industry, 2009

Other source used

Namibia Labour Resource and Research Institute: The Namibian Wage Bargaining & Directors`Remuneration Report 2007.

LEGAL DEFINITIONS


Employee/worker

"employee" means an individual, other than an independent contractor, who -
(a) works for another person and who receives, or is entitled to receive, remuneration for that work; or
(b) in any manner assists in carrying on or conducting the business of an employer;
Labour Act §1(1)

Employer

"employer" means any person, including the State who -
(a) employs or provides work for, an individual and who remunerates or expressly or tacitly undertakes to remunerate that individual; or
(b) permits an individual to assist that person in any manner in the carrying or, conducting that person¿s business;
Labour Act §1(1)

Wage

(b) "basic wage" means, for the purpose of calculating any basic condition of employment, that part of an employee’s remuneration in money including the cash equivalent of payment in kind, if any, as calculated in terms of section 10, paid in respect of work done during the hours ordinarily worked but does not include -
(i) allowances, including travel and subsistence, housing, motor vehicle, transport, and professional allowances, whether or not based on the employee’s basic wage;
(ii) pay for overtime, as defined in section 8 (g);
(iii) additional pay for work on a Sunday or a public holiday;
(iv) additional pay for night work, as required in terms of section 19(1);
or
(v) payments in respect of pension, annuity or medical benefits or insurance;
Labour Act §8(1)b)

MINIMUM WAGE FIXING


Procedure


Procedure in general

There is no national minimum wage in Namibia. The legislation provides that minimum wage rates may either be set by the government in Wage Orders that are made by a Wages Commission or in collective agreements.
The Wages Commission has not yet been established. All minimum wage rates are currently set in collective agreements. Minimum Wages have been set for agricultural workers, for workers in the mining and construction sectors and for the security industry.
Registered collective agreements can be extended to the employees of an entire industry. Such an extension will only occur if one of the parties to the collective agreement makes a request to the Minister of Labour. Interested parties may raise any objections following a notice being published in the Gazette.
Labour Act §§ 13, 14, 70, 71, 105, 113, 114

Coverage


Scope

(1) After considering a report and recommendations of the Wages Commission, the Minister may make a wage order determining remuneration and other conditions of employment for employees in any industry and area -
(a) in accordance with the recommendations, or with modifications;
(b) by notice in the Gazette; and
(c) with effect from a date specified in that Gazette.
(2) A wage order is binding on all employers and employees described in the notice.
(3) A wage order remains binding until it is -
(a) suspended or cancelled by the Minister in accordance with subsection (4);
(b) amended or superseded by a new or amended wage order; or
(c) superseded by a collective agreement that provides for terms that are better than those contained in the wage order.
(4) The Minister, after consulting the parties bound by a wage order, may suspend or cancel all or part of that order by publishing a notice in the Gazette, setting out-
(a) the provisions affected by the suspension or cancellation;
(b) the industry and areas affected by the suspension or cancellation; and
(c) the period of the suspension, or date the cancellation takes effect. Collective agreements apply to different professions.
Labour Act §13(1)(2)(3)
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Excluded categories

(1) Any person may apply to the Minister in the prescribed manner and form for an exemption from the provisions of a wage order.
(2) The Minister may exempt any person or category of persons from any provision of a wage order if the Minister is satisfied that -
(a) the terms and conditions of employment of the employees affected by the exemption are not less favourable than those contained in the wage order; or
(b) special circumstances exist that justify the exemption in the interests of the affected employees.
(3) An exemption granted in terms of subsection (2) -
(a) must be set out in the prescribed form, which must -
(i) state the period of the exemption as determined by the Minister; and
(ii) be signed by the Minister;
(b) may commence on -
(i) the date it is signed, or a later date; or
(ii) a date before the date it is signed, but not earlier than the date of the
application for exemption; and
(c) may include any conditions under which the exemption is granted.
(4) The Permanent Secretary must -
(a) forward the exemption to any person exempted and the employees affected by the exemption; and
(b) furnish a copy of the exemption to any person on payment of the prescribed fee.
(5) The Minister may, in writing, amend or withdraw an exemption.
Labour Act §14
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Specific minimum wage rates


» Specific minimum wage by sector

Yes, there exist different collective agreements for the building and construction industry, security industry and the agricultural sector.
Namibia Labour Resource and Research Institute: The Namibian Wage Bargaining & Directors`Remuneration Report 2007.

» Specific minimum wage by region

There is no minimum wage by region.
Namibia Labour Resource and Research Institute: The Namibian Wage Bargaining & Directors`Remuneration Report 2007.

Level


Minimum wage level(s) in national currency

(No generally applicable minimum wage for the manufacturing sector could be identified; see also the "procedure" and "coverage" above.)

In-kind allowances

(Depends on the relevant collective agreement.)

Enforcement mechanisms


Labour inspection

(1) In so far as this section authorises the interference with a person�s right to privacy and the privacy of that person�s home as guaranteed by Article 13 of the Constitution, this section is enacted on the authority of subarticle (2) of that Article.
(2) For the purposes of the administration of this Act, a labour inspector may, subject to subsection (3) -
(a) at any reasonable time enter any premises and -
(i) direct that the premises or any part of it must not be disturbed as long as it is reasonably necessary to search the premises;
(ii) search for and examine any book, document or object relevant to the
administration of this Act;
(iii) seize, make a copy of any such book, document or object;
(iv) take a sample of the atmosphere or of any object found;
(v) take measurements, readings, recordings or photographs; and
(vi) question any individual on the premises;
(b) order, in the prescribed form, any individual to appear at a specified date, time and place and to question that individual;
(c) require any person who has control over any book, document or object to produce the book, document or object and explain any entry in the book or document, or on the object;
(d) examine, make a copy or seize any book, document or object produced in terms of paragraph (c);
(e) take a sample of any object produced in terms of paragraph (c);
(f) require an employer to pay an employee any remuneration owed;
(g) enforce arbitration awards made under this Act;
(h) give directions on where notices required in terms of this Act are to be posted;
(i) assist any person in -
(i) any application, referral or complaint under this Act;
(ii) settling any application, referral or complaint under this Act.
(j) require a member of the Namibian Police Force to assist in the exercise of the powers referred to in this subsection; and
(k) request any individual to assist as an interpreter or otherwise in the exercise of the powers referred to in this subsection.
(3) A labour inspector may enter premises and conduct a search in terms of subsection (1)(a) only if it is done in accordance with Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) and as if -
(a) a labour inspector is a police official; and
(b) any book, document or object is concerned with the commission of an offence.
(4) A labour inspector must issue a receipt for any book, document or object seized in terms of this section.
(5) If asked, a labour inspector must produce the certificate referred to in section 124 (2).
(6) Any member of the Namibian Police Force required to assist in terms of subsection (2), or any individual requested to assist in terms of subsection (2), may accompany the labour inspector as if that member or individual were a labour inspector.
(7) Any individual in charge of any premises on which individuals are employed must provide facilities as may be reasonably required in order for a labour inspector to exercise the powers referred to in subsection (2).

(1) An inspector who has reasonable grounds to believe that an employer has not complied with a provision of this Act may issue a compliance order in the prescribed form.
(2) An employer must comply with an order issued in terms of subsection (1) unless the employer appeals to the Labour Court in terms of subsection (3).
(3) An employer may appeal against a compliance order to the Labour Court within 30 days after receiving it.
Labour Act §§ 125, 126

Results generated on: 24th November 2014 at 04:56:11.
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