Adv. Vekuii Rukoro
AT Independence Namibia inherited an outdated system of employment relations which had been born out of the apartheid regime. At Independence the Government and the people realised that we as a nation had to make rapid and drastic changes to the approach to labour relations. The result was the Labour Act of 1992 which took tremendous strides in the right direction.
This act led to the establishment of the ILO approach to labour relations, namely the establishment of the tripartite Labour Advisory Council. This body which is now reaching the end of its 15th year of existence, discusses and reaches consensus on all matters related to labour issues and then makes recommendations to the Minister of Labour. This body alone is a great step forward in improving labour relations in Namibia.
However, it is only “advisory” and the politicians can ignore its advice and enact laws as they see fit, as was shown in the matter of the banning of labour hire. After the disastrous TCL strike in 1996, the tripartite partners went back to the consultation table which resulted in 2000 in a new draft act, which through further negotiation and metamorphism became the Labour Act of 2007.
Today Namibia enjoys a labour environment which is relatively peaceful and where strikes are becoming rare rather than the norm. However, we all, workers, employers and Government, have still much to learn, there is still too much uncertainty, lack of trust and a “them” and “us” attitude. Most of the time union leaders are in liberation of politics which serve no purpose whatsoever in advancing workers’ interests – let alone addressing the increasing army of unemployed!
The employment relationship is formed when one person agrees to pay another, who in turn offers his work to the first person. This relationship places rights and obligations on both sides.
The question is, does the employer get value from the worker? Is the worker getting a fair deal from the employer? We in Namibia have to strive towards ensuring that in the majority of cases this “employment relationship” is beneficial and fair to both parties. For this regime to work successfully, Government must be neutral and be seen to be neutral.
This has not been the case over the last 20 years, and has contributed in no small measure to the embarrassing statistic of 51% unemployment. Labour legislation should lay down minimum levels for terms and conditions for such relationships. Unfortunately such legislation tends to be one-sided and to over emphasise the rights of the workers, while paying minimal acknowledgement to the rights of the employers.
It must be made clear that no employer will dismiss a good worker! When it comes to poor performers and those dishonest, the employer should be able to remove them from his service (subject to rules and guidelines) with relative ease. When it becomes problematic to dismiss such workers, the law is shooting itself in the foot, because it will discourage employment.
This, sadly, is what is happening in Namibia at the moment. Quoting from the Investor Road Map of 2005; Chapter 2: Employment. Page 19: “It is well to remember that a barrier to firing can become a barrier to hiring, since employers will always remain on the side of caution in hiring an unknown or unproven worker if terminating his or her service poses significant administrative obstacles and costs.”
The future of Namibia and its people lies in job creation and we need to ensure that the environment to create those jobs improves drastically and quickly, or we will go the route of so many other African countries where 51% unemployment is considered acceptable. For us in the Namibian Employers Federation, this statistic constitutes a national embarrassment bordering on a political scandal!
