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Thursday, February 24, 2005 - Web posted at 8:06:44 GMT New Labour Act delays miff unions LINDSAY DENTLINGERTHE delay in the implementation of the new Labour Act has been met with fierce criticism from trade unionists. |
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They say it is "unacceptable" that the law will be phased in gradually, and maintain that their collective bargaining power will be affected during this period of "confusion." They lashed out at the Deputy Minister of Trade and Industry, Bernhardt Esau, who officiated at the launch of a guide on the new Labour Act in Windhoek yesterday. "It is unacceptable that the Act is being implemented in pieces," said an irate Alfred Angula, Secretary General of the Namibian Farmworkers' Union (Nafwu). Added Petrus Nevonga, Secretary General of the Namibian Public Workers' Union (Napwu): "We have to apply our common sense to the present law. How can we do that if know the other one is still coming." Nevonga maintained that negotiating on behalf of workers and entering into recognition agreements during this phase of transition would adversely affect workers. The new Act, to replace the current Act of 1992, was signed into law by President Sam Nujoma in December but putting the necessary systems in place, especially those related to new dispute resolution mechanisms, means that it will only come into full effect around August. The Labour Ministry is expected to phase in sections of the Act from April, according to information provided to trade unions. Esau was at pains to explain that the delay was due to putting the necessary systems in place. He maintained that it was a "blessing in disguise" that Government and employers had some reprieve to prepare themselves for the implementation of the Act. He added that workers' and unions basic rights were unchanged. But Angula would have none of that. "If you don't have capacity, why change it if you can't handle it," he retorted. The unions felt snubbed during the planning phases of the new Act, which started five years ago, when many of their proposals were rejected during negotiations. "Our new Labour Act is bound to promote and maintain the health and welfare of our working people. The Act aims to promote our economic growth and stability through an orderly system of free collective bargaining, the improvement of wages and conditions of workers and the advancement of persons who have been disadvantaged by discrimination in the past," said Esau. Esau said the law was not a substitute for trade unions or employers' federations, and encouraged workers and employers to join these as the best way to maintain and improve working and living conditions. He said many workers and employers were not well informed about the provisions of the old Labour Act and he hoped the new guide would improve understanding of the new Act. The book, compiled by the Labour Resource and Research Institute (LaRRI), is intended to be a practical guide to key provisions of the Act and explains in simple terms how they will work. LaRRI Director Herbert Jauch said every trade union would be provided with at least ten free copies of the guide. It will be for sale at N$60. The guide was written on behalf of LaRRI by former Mineworkers' Union of Namibia (MUN) Deputy Secretary General Sackey Aipinge. |
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