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Thursday, January 24, 2008 - Web posted at 6:55:59 GMT Labour Act to be enforced by May BRIGITTE WEIDLICHGOVERNMENT plans to implement the newly gazetted Labour Act by May - and in one go, not in several stages - it announced yesterday. |
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"There are many preparations necessary which could only start once the Act became gazetted," Otniel Podewiltz, a senior official in the Ministry of Labour and Social Welfare, said. "We intend to roll out the new law in its entirety and not in stages; we want to avoid that if possible and the envisaged date is May this year," Podewiltz said at a press conference in Windhoek. The law was gazetted on December 31 2007 after being signed by President Hifikepunye Pohamba 10 days earlier. The new legislation provides for more leave days, plus five days of compassionate leave, bans labour hire and replaces district labour courts with arbitration tribunals. The Act has been criticised by the private sector, which fears the added leave days will hamper economic growth. According to Vicky Toivo ya Toivo, special advisor in the Labour Ministry, it could also be implemented in phases, as codes and guidelines had to be drafted for different clauses of the labour law. "These must be considered by the Labour Advisory Council, but the term of the Council members expires at the end of this month and new ones must be appointed," Ya Toivo noted. "The Council's committee on conflict prevention and resolutions must make recommendations for criteria to appoint arbitrators and to work out guidelines for arbitration with regard to labour disputes," she added. "Other work which needs to be done is to revise the rules of the High Court. Labour Minister Alfeus Naruseb is already consulting with Judge President Petrus Damaseb. This work could not have been done earlier, we had to wait until the new legislation was gazetted," Ya Toivo said. "There is a long schedule and many areas must be covered first before implementation. One example is the definition of essential services with regard to strikes by a committee of the same name under the Labour Advisory Council," she elaborated. "While employees are entitled to peaceful labour actions, essential services have to be kept going (hospitals, electricity supply), meaning that not everybody can go on strike." The public would be able to give input on the definition of essential services. The definition then has to be gazetted before coming into force. The Ministry said it was quite certain that all these tasks could be completed by May. |
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