Proposed changes to Labour law back in National Assembly

THE Labour Bill, which is set to replace the current law, has returned to the National Assembly for reconsideration of proposals which were rejected earlier.

Labour Minister Marlene Mungunda on Tuesday tabled the amendments among them one that seeks to outlaw HIV-AIDS as a basis for discrimination in the workplace. In May, National Assembly parliamentarians ignored fierce lobbying by human rights groups for including such a provision and passed the bill without amendments.But following public hearings conducted by the National Council, the regional councillors agreed that such provision had to be inserted.The National Assembly has now agreed this amendment to.Mungunda has also tabled adjustments that define HIV-AIDS and the notion of “employment practice”.Provision has now been made for banning discrimination against women based on whether or not they are or intend to fall pregnant.After nearly an hour of debate, the House eventually agreed that the milking of cows be considered an “essential service” and that employees could be expected to perform this duty outside of normal working hours.The House had been divided on the issue, with some MPs claiming it would lead to exploitation; others said it was a physiological need that the duty be performed.Mungunda said there were laws that would protect people against exploitation and that the provision should be agreed to in the spirit of hard work.”Swapo united, Swapo victorious, Swapo hard work.Now!” said Mungunda.Eventually the House agreed to the amendment.Attorney General Pendukeni Iivula-Ithana temporarily sidetracked the discussions, saying that she did not recall the amendments passing through her office for approval.After Deputy Chairperson of the Whole House Committee Doreen Sioka showed her the documents which contained her signature, she agreed to let the debate continue, saying she only wanted to cross-check whether the documents that contained her signature and those up for discussion were one and the same.The NA still has to reconsider a provision on family responsibility leave – indicating on Tuesday that they would prefer it to be termed compassionate leave.In terms of this provision, employees will be granted five days fully paid leave for death or serious illness of a spouse, parent, child or other dependent.Mungunda promised to consider the demand before putting the amendment to the vote again.During the sitting, Mungunda also told the House that her Ministry rejected some of the adjustments proposed by the National Council – one of them that employees be entitled to at least 24 consecutive working days annual leave on full pay.Mungunda said such a law would not be sustainable considering the country’s economic performance.Instead the clause would stipulate that employees receive 24 consecutive days’ annual leave which would mean that weekends could be considered for this calculation.The Labour Ministry has also rejected a proposal that minimum severance pay be two week’s remuneration for every year of continuous service.Mungunda said the provision would remain at one week’s remuneration and that the unions could negotiate a better deal over and above this for their members.In May, National Assembly parliamentarians ignored fierce lobbying by human rights groups for including such a provision and passed the bill without amendments.But following public hearings conducted by the National Council, the regional councillors agreed that such provision had to be inserted.The National Assembly has now agreed this amendment to.Mungunda has also tabled adjustments that define HIV-AIDS and the notion of “employment practice”.Provision has now been made for banning discrimination against women based on whether or not they are or intend to fall pregnant.After nearly an hour of debate, the House eventually agreed that the milking of cows be considered an “essential service” and that employees could be expected to perform this duty outside of normal working hours.The House had been divided on the issue, with some MPs claiming it would lead to exploitation; others said it was a physiological need that the duty be performed.Mungunda said there were laws that would protect people against exploitation and that the provision should be agreed to in the spirit of hard work.”Swapo united, Swapo victorious, Swapo hard work.Now!” said Mungunda.Eventually the House agreed to the amendment.Attorney General Pendukeni Iivula-Ithana temporarily sidetracked the discussions, saying that she did not recall the amendments passing through her office for approval.After Deputy Chairperson of the Whole House Committee Doreen Sioka showed her the documents which contained her signature, she agreed to let the debate continue, saying she only wanted to cross-check whether the documents that contained her signature and those up for discussion were one and the same.The NA still has to reconsider a provision on family responsibility leave – indicating on Tuesday that they would prefer it to be termed compassionate leave.In terms of this provision, employees will be granted five days fully paid leave for death or serious illness of a spouse, parent, child or other dependent.Mungunda promised to consider the demand before putting the amendment to the vote again.During the sitting, Mungunda also told the House that her Ministry rejected some of the adjustments proposed by the National Council – one of them that employees be entitled to at least 24 consecutive working days annual leave on full pay.Mungunda said such a law would not be sustainable considering the country’s economic performance.Instead the clause would stipulate that employees receive 24 consecutive days’ annual leave which would mean that weekends could be considered for this calculation.The Labour Ministry has also rejected a proposal that minimum severance pay be two week’s remuneration for every year of continuous service.Mungunda said the provision would remain at one week’s remuneration and that the unions could negotiate a better deal over and above this for their members.