Need for better tripartite social dialogue

The survey found that representation of employees was inadequate but that were was also a widespread lack of awareness on the subject. – EESE surveyMost respondents in a survey conducted by the Namibian Employers’ Federation (NEF) and the International Labour Organisation (ILO) are not convinced that government actively promotes social dialogue and makes use of the process to decide on policy. This is one of the findings of the Enabling Environment for Sustainable Enterprises (EESE) report that was recently launched in Windhoek last year. The survey zoomed in on political, economic, social and environmental situation of the enabling business landscape in Namibia.A total of 683 respondents participated in the survey. Compared to EESE surveys conducted in other African countries, this is an extremely representative sample, according to the ILO. Of the participants, 404 were business owners or partners, 155 were managers and 124 employees. Included were 263 from the SME sector, 206 from large enterprises, 100 from the informal sector. The survey was conducted in Khomas, Erongo, Omusati, Oshana, Kavango East and Oshikoto. 600 of the interviews were conducted face to face. Sectors covered included agriculture, wholesale and retail, manufacturing, tourism, mining, financial services, health and business services.“Labour laws are infrequently and erratically enforced, and particularly given the size of the informal sector, monitoring the adherence to the letter and spirit of existing laws is limited,” the EESE survey states.Social dialogue exists largely within the realm of the formal economy, and presupposes the organisation of labour into interest groups. Results from the Namibia Labour Force Surveys (NLFS) of 2000 and 2004 show that about 0.21% of the population was employed in the formal sector in 2004, the number having shrunk a little bit from 2001. A 2008 NLFS found that there were about 175 000 people employed in the formal economy in agriculture and otherwise, which was a very small percentage of the population (1.8 million) and of the working age population (1.1 million).Responses33% of respondents in the EESE survey indicated that they did not have enough knowledge on tripartite social dialogue, while 31% thought it was promoted to a limited extent, and only a relatively low 6% agreed that the government actively promotes social dialogue. Employees from the mining, tourism and hotel sectors were somewhat more convinced of the government’s efforts to promote tripartism, the survey states.When asked about the effectiveness of labour or legal institutions and regulations in dealing with conflicts and dispute resolution between employers and workers, 37% of the respondents of large enterprises found that these were very effective, while 26% thought they were sometimes effective.In contrast, 51% of respondents from informal enterprises did not know, or volunteer a response, while 29% of respondents from informal enterprises thought that existing official dispute resolution mechanisms were sometimes effective.In practice, the extent to which workers have the right to collective bargaining was differentiated between large enterprises and informal enterprises. 27% of respondents from large enterprises found the right to collective bargaining generally easy, while a further 27% found it sometimes difficult. In comparison, 37% of respondents from SMEs didn’t know or say, 25% found it sometimes difficult and 14% of respondents from SMEs found it generally easy. Of informal enterprises, 54% of respondents didn’t know or say, and 32% found collective bargaining sometimes difficult with only 7% saying it was generally easy.Adequate representationRespondents were surveyed on whether they thought trade unions adequately represented the concerns of employees on matters concerning business and the economy. 31% of respondents from large enterprises agreed to a limited extent, and 29% did not agree, with 13% just agreeing and 10% strongly agreeing. 58% of respondents from informal enterprises did not know or say, while 21% agreed to a limited extent, only 16% were more in agreement than this. “In general, the survey found that representation of employees was inadequate but that were was also a widespread lack of awareness on the subject. As might be expected, respondents from larger enterprises had more defined views, and better information on the functioning of trade unions,” according to the EESE survey.Employers’ associationsWhen asked about whether employers’ associations adequately represented the interests of business at the local, regional and national levels, respondents from informal enterprises either didn’t know or declined to answer. 28% of respondents from large enterprises agreed, 27% saying they did so to a limited extent with 12% strongly agreeing that employers’ associations adequately represented business interests.Cooperation in Labour-Employer Relations determines whether labour-employer relations are confrontational or cooperative on a scale from 1 to 7 with higher values indicating higher levels of cooperation. The existing data indicates increasing levels of cooperation in Namibia, going from 4 in 2013 to 4.4 in 2016. Namibia’s levels of cooperation are the same as Botswana’s and higher than the levels in Malawi and South Africa; South Africa scored the lowest at 2.5 in 2016.KASSIENamibia and official instrumentsNamibia has ratified the main ILO instruments relevant to social dialogue and workers’ and employers’ representation. These include: the Freedom of Association and Protection of the Right to Organise and Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining and Convention, 1949 (No. 98), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). Chapter 3 of the Namibian Constitution protects the right to freedom of association, including the right to form a trade union and the right to withhold labour without criminal penalties. The Constitution explicitly mentions fair employment practices and adherence to international conventions and the recommendations of the ILO. The ministry of labour, industrial relations and employment creation mandates labour related issues, including occupational safety and health standards; the law empowers the president to enforce these standards through inspections and penalties. There are two main trade union federation in Namibia: the National Union of Namibian Workers (NUNW) is affiliated with Swapo, and the Trade Union Congress of Namibia (Tunna) which is unaffiliated with any political party. The NUNW was created in 1971 in the context of the national liberation movement, to operate closely with Swapo in the struggle for independence from the apartheid system. Unions of workers in different sectors are affiliated with NUNW or Tucna.The Namibian Employers’ Federation (NEF) was founded in 1994 and is the largest and oldest employers’ association in Namibia - membership is open to any employer in compliance with Namibian legislation22. The NEF participates in advisory committees at the government level, and is represented on many statutory bodies.The Labour Act of 2007 guides Namibia’s labour law, and governs employment contracts. Improving on the Labour Act of 1992, the 2007 version provides for comprehensive alternative dispute resolution mechanisms such as conciliation, mediation and arbitration procedures. A Labour Court was created to address labour matters under the new law, which went into effect at the end of 2008.There is no generally applicable minimum wage law in Namibia, but there are some rules regulating working conditions and wages for certain sectors such as agriculture, construction and security, which have been arrived at through collective bargaining. A law relating to working conditions and minimum wages for domestic workers was passed in 2016, with the minimum wage set to increase annually at the rate of the consumer price index plus 5%.

Need for better tripartite social dialogue

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