Labour Bill doesn’t outlaw security companies

ALTHOUGH labour-hire companies will effectively be banned with the passing of the new Labour Bill, security companies and employment agencies have absolutely nothing to worry about.

These were the words of assurance uttered by National Council (NC) member Hafeni Ndemula yesterday on concerns from these two sectors regarding their status under the new bill. A clause introduced to the bill in the National Assembly (NA) last month stipulates that “no person may, for reward, employ any person with a view to making that person available to a third party to perform work for the third party”.”The immediate interpretation from some quarters, especially agencies and security companies, is that they also fall in that category, just like the labour-hire companies,” Ndemula said in the NC yesterday.”This will depend on the Minister of Labour in terms of regulations because those are technical issues and can only be dealt with in the regulations and not in the Act,” he said.He added that there is a section of the bill, Article 128, which explicitly states that employment agencies who match job seekers with potential employers will be able to continue as before under the new act.”Such agencies should not be alarmed and jump to hasty conclusions, as they are well protected,” the Erongo Region MP said.The main idea behind the new clause, Ndemula said, is to get employers to take responsibility for their workers, and to stop employers from outsourcing minor functions, especially when these are not specialised fields.Ndemula also commented on a request by the Public Service Union of Namibia (PSUN) to amend the bill to allow prison service personnel to join associations or unions.The bill currently classifies prison service personnel as having a military structure similar to that of the Police and army, which means they are not allowed to join unions.He supported the suggestion to amend the bill for this reason, he said.”I personally support the Police officers to belong to any association or trade union for that matter but this should not compromise their duty in protecting the assets and lives of the Namibian nation,” he said.Still, because of the nature of these officers’ work, Ndemula said that they could be prevented from staging strikes by being declared essential services through the Essential Services Committee.”I am appealing to the house of review (NC) to consider this matter and to send the Labour Bill back to the National Assembly to effect an amendment in this regard,” he said.Ndemula’s request was denied however, as the bill had already passed the stage of debate a day before.The Labour Bill was then read a third time, which means that it has now been passed by the National Council, and is now expected to be signed into law by the President.Following the passing of the Labour Bill and the Electricity Bill, the NC yesterday went into recess until further notice.A clause introduced to the bill in the National Assembly (NA) last month stipulates that “no person may, for reward, employ any person with a view to making that person available to a third party to perform work for the third party”.”The immediate interpretation from some quarters, especially agencies and security companies, is that they also fall in that category, just like the labour-hire companies,” Ndemula said in the NC yesterday.”This will depend on the Minister of Labour in terms of regulations because those are technical issues and can only be dealt with in the regulations and not in the Act,” he said.He added that there is a section of the bill, Article 128, which explicitly states that employment agencies who match job seekers with potential employers will be able to continue as before under the new act.”Such agencies should not be alarmed and jump to hasty conclusions, as they are well protected,” the Erongo Region MP said.The main idea behind the new clause, Ndemula said, is to get employers to take responsibility for their workers, and to stop employers from outsourcing minor functions, especially when these are not specialised fields.Ndemula also commented on a request by the Public Service Union of Namibia (PSUN) to amend the bill to allow prison service personnel to join associations or unions.The bill currently classifies prison service personnel as having a military structure similar to that of the Police and army, which means they are not allowed to join unions.He supported the suggestion to amend the bill for this reason, he said.”I personally support the Police officers to belong to any association or trade union for that matter but this should not compromise their duty in protecting the assets and lives of the Namibian nation,” he said.Still, because of the nature of these officers’ work, Ndemula said that they could be prevented from staging strikes by being declared essential services through the Essential Services Committee.”I am appealing to the house of review (NC) to consider this matter and to send the Labour Bill back to the National Assembly to effect an amendment in this regard,” he said.Ndemula’s request was denied however, as the bill had already passed the stage of debate a day before.The Labour Bill was then read a third time, which means that it has now been passed by the National Council, and is now expected to be signed into law by the President.Following the passing of the Labour Bill and the Electricity Bill, the NC yesterday went into recess until further notice.