Labour hire ban may face legal challenge

GOVERNMENT has thrown the baby out with the bath water in banning labour companies, a number of organisations said yesterday.

They say the ban will deprive thousands of workers of employment and holds far-reaching consequences for the labour market. A spokesperson for Africa Personnel Services (APS) said they were exploring the possibility of launching legal action to get the move reversed or modified.However, the Trade Union Congress of Namibia (TUCNA) was adamant that the ban, as stipulated by the new Labour Act, should be kept intact.TUCNA yesterday called a press conference in the capital, urging Government to ignore sentiments by organisations defending the labour hire practice.”These individuals struggle to try and convince Government to at least recognise the existence of this evil, (talking of) economic implications if the labour hire companies become lawful in our country,” TUCNA president Paulus Hango said.One organisation that has spoken out against the move to make labour hire unlawful is the Namibian Employers Federation (NEF).In a statement last week, the organisation argued that labour hire had been born out of need and had come into being because of “the over-regulation and inflexibility” of the labour market.The NEF argued that not all labour hire companies were guilty of unfair labour practices, and that the Ministry of Labour should have undertaken to more strictly monitor and control this sector, rather than declare it illegal outright.Speaking to The Namibian, NEF Secretary General Tim Parkhouse yesterday remained convinced that Government’s move was flawed, saying it had enormous consequences for the labour market.He said that the NEF was looking at ways to intervene and get Government to retract their decision.Peet Botha, Windhoek branch manager for APS, was less diplomatic.He said his company was in communication with the NEF, exploring legal avenues to fight the Government decision.APS, he said, currently employs about 6 000 people countrywide, who are outsourced to various companies.In addition to these workers, a total of 23 administrative employees are expected to become jobless should the company be forced to close its doors.”We will go through all legal avenues to stop this,” he said.”It’s these 6 000 workers that will be without jobs at the end of the day.The guys in the office are all qualified, we’ll still be okay,” Botha said.His company helped to organise casual labour, he said.”With us, these guys get to be more structured.A guy’s chances of getting work four or five days a week is much better than if he was sitting outside of your company’s gates waiting for work,” he said.Botha also added that the workers have sick leave and a regular income.A spokesperson for Africa Personnel Services (APS) said they were exploring the possibility of launching legal action to get the move reversed or modified.However, the Trade Union Congress of Namibia (TUCNA) was adamant that the ban, as stipulated by the new Labour Act, should be kept intact.TUCNA yesterday called a press conference in the capital, urging Government to ignore sentiments by organisations defending the labour hire practice.”These individuals struggle to try and convince Government to at least recognise the existence of this evil, (talking of) economic implications if the labour hire companies become lawful in our country,” TUCNA president Paulus Hango said.One organisation that has spoken out against the move to make labour hire unlawful is the Namibian Employers Federation (NEF).In a statement last week, the organisation argued that labour hire had been born out of need and had come into being because of “the over-regulation and inflexibility” of the labour market.The NEF argued that not all labour hire companies were guilty of unfair labour practices, and that the Ministry of Labour should have undertaken to more strictly monitor and control this sector, rather than declare it illegal outright.Speaking to The Namibian, NEF Secretary General Tim Parkhouse yesterday remained convinced that Government’s move was flawed, saying it had enormous consequences for the labour market.He said that the NEF was looking at ways to intervene and get Government to retract their decision.Peet Botha, Windhoek branch manager for APS, was less diplomatic.He said his company was in communication with the NEF, exploring legal avenues to fight the Government decision.APS, he said, currently employs about 6 000 people countrywide, who are outsourced to various companies.In addition to these workers, a total of 23 administrative employees are expected to become jobless should the company be forced to close its doors.”We will go through all legal avenues to stop this,” he said.”It’s these 6 000 workers that will be without jobs at the end of the day.The guys in the office are all qualified, we’ll still be okay,” Botha said.His company helped to organise casual labour, he said.”With us, these guys get to be more structured.A guy’s chances of getting work four or five days a week is much better than if he was sitting outside of your company’s gates waiting for work,” he said.Botha also added that the workers have sick leave and a regular income.