New labour bill passed

THE long-awaited new labour law will come into effect in the next few weeks.After much toing and froing between the National Assembly and the National Council since the bill was first introduced in February, it was finally passed by the NA on Wednesday.

Labour Minister Marlene Mungunda introduced her final amendments to the bill – which included removing the feeding, watering and milking of animals from a list determining what classifies “urgent work”. Three weeks ago, the National Assembly considered the amendment as suggested by the National Council during their review of the bill.Although there was much opposition to the clause, it was included in the bill on September 21, based on the physiological need of the animals.On Wednesday, the Minister moved that it be removed again and there were no objections to the retraction.Conversely, an amendment earlier rejected, was agreed to this week.An employee will now be entitled to 24 consecutive working days’ leave on full basic wage per year.The amendment originally read that the calculation be made on 24 consecutive calendar days, which meant that weekends could be included in the calculation.The House also agreed to include a provision on compassionate leave in the new law, giving employees five days’ paid leave to tend to the death or serious illness of an immediate family member.Compassionate leave does not form part of annual, sick or maternity leave.On the recommendation of the National Council it was originally suggested that this kind of leave be termed “family responsibility leave”.The clause is now titled “sick and compassionate leave”.When the National Assembly first passed the law in May, it made no amendments to the bill in its original form, despite fierce lobbying by human rights organisations on issues related to HIV-AIDS, discrimination and leave provisions.Following public hearings by the National Council, one of the most notable changes to the new law is that it outlaws discrimination on the basis of a person’s HIV-AIDS status.The new law, which will replace the current Labour Act of 1992, will also revamp the country’s dispute resolution system.Conciliation and arbitration will be the preferred resolution mechanism before disputes head to the courts.The bill will now be passed on to President Sam Nujoma to be enacted into law.Three weeks ago, the National Assembly considered the amendment as suggested by the National Council during their review of the bill.Although there was much opposition to the clause, it was included in the bill on September 21, based on the physiological need of the animals.On Wednesday, the Minister moved that it be removed again and there were no objections to the retraction.Conversely, an amendment earlier rejected, was agreed to this week.An employee will now be entitled to 24 consecutive working days’ leave on full basic wage per year.The amendment originally read that the calculation be made on 24 consecutive calendar days, which meant that weekends could be included in the calculation.The House also agreed to include a provision on compassionate leave in the new law, giving employees five days’ paid leave to tend to the death or serious illness of an immediate family member.Compassionate leave does not form part of annual, sick or maternity leave.On the recommendation of the National Council it was originally suggested that this kind of leave be termed “family responsibility leave”.The clause is now titled “sick and compassionate leave”.When the National Assembly first passed the law in May, it made no amendments to the bill in its original form, despite fierce lobbying by human rights organisations on issues related to HIV-AIDS, discrimination and leave provisions.Following public hearings by the National Council, one of the most notable changes to the new law is that it outlaws discrimination on the basis of a person’s HIV-AIDS status.The new law, which will replace the current Labour Act of 1992, will also revamp the country’s dispute resolution system.Conciliation and arbitration will be the preferred resolution mechanism before disputes head to the courts.The bill will now be passed on to President Sam Nujoma to be enacted into law.