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2007_labouract

2007_labouract

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Published by André Le Roux

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Published by: André Le Roux on Jun 17, 2009
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05/11/2014

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No. 3971
Government Gazette 31 December 2007
1
Act No. 11, 2007
LABOUR ACT, 2007
GOVERNMENT GAZETTE
OF THE
REPUBLIC OF NAMIBIA
N$24.40
WINDHOEK - 31 December 2007
No. 3971
CONTENTS
Page
GOVERNMENT NOTICE
No. 236
Promulgation of Labour Act, 2007 (Act No. 11 of 2007), of the Parliament.................
1
________________
Government Notice
OFFICE OF THE PRIME MINISTER
No. 236
2007
PROMULGATION OF ACT
OF PARLIAMENT

The following Act which has been passed by the Parliament and signed by the President in terms of the Namibian Constitution is hereby published in terms of Article 56 of that Constitution.

No. 11 of 2007: Labour Act, 2007.
_________________
2
Government Gazette 31 December 2007
No. 3971
Act No. 11, 2007 LABOUR FUND ACT, 2007
ACT
To

consolidate and amend the labour law; to establish a compr ehensive labour law for all employer s and employees; to entr ench fundamental labour r ights and protections; to regulate basic terms and conditions of employment; to ensur e the health, safety and welfar e of employees; to pr otect employees fr om unfair labour practices; to regulate the registration of trade unions and employer s\u2019 or ganisations; to r egulate collective labour r elations; to pr ovide for the systematic pr evention and r esolution of labour disputes; to establish the Labour Advisory Council, the Labour Court, the Wages Commission and the labour inspectorate; to provide for the appointment of the Labour Commissioner and the Deputy Labour Commissioner; and to provide for incidental matters.

(Signed by the President on 21 December 2007)
TABLE OF CONTENTS
CHAPTER 1
INTRODUCTORY PROVISIONS
1.
Definitions and interpretation
2.
Application of Act
CHAPTER 2
FUNDAMENTAL RIGHTS AND PROTECTIONS
3.
Prohibition and restriction of child labour
4.
Prohibition of forced labour
5.
Prohibition of discrimination and sexual harassment in employment
6.
Freedom of association
7.
Disputes concerning fundamental rights and protections
CHAPTER 3
BASIC CONDITIONS OF EMPLOYMENT
PART A
APPLICATION OF THIS CHAPTER
8.
Definitions relating to basic conditions of employment
9.
Basic conditions
PART B
REMUNERATION

10. Calculation of remuneration and basic wages
11. Payment of remuneration
12. Deductions and other acts concerning remuneration

13. Wage order
14. Exemptions from a wage order
No. 3971
Government Gazette 31 December 2007
3
Act No. 11, 2007
LABOUR ACT, 2007
PART C
HOURS OF WORK
15. Declaration of continuous shifts
16. Ordinary hours of work

17. Overtime
18. Meal intervals
19. Night work

20. Daily spread-over and weekly rest period
21. Work on Sundays
22. Public holidays
PART D
LEAVE

23. Annual leave
24. Sick leave
25. Compassionate leave
26. Maternity leave

27. Extended maternity leave
PART E
ACCOMMODATION
28. Provision of accommodation
PART F
TERMINATION OF EMPLOYMENT
29. Period of employment

30. Termination of employment on notice
31. Payment instead of notice
32. Automatic termination of contracts of employment

33. Unfair dismissal
34. Dismissal arising from collective termination or redundancy
35. Severance pay
36. Transportation on termination of employment
37. Payment on termination and certificates of employment
PART G
DISPUTES CONCERNING THIS CHAPTER
38. Disputes concerning this Chapter
CHAPTER 4
HEALTH, SAFETY AND WELFARE OF EMPLOYEES
PART A
RIGHTS AND DUTIES OF EMPLOYERS AND EMPLOYEES
39. Employer duties to employees
40. Employer duties to persons other than employees
41. Employee duties
42. Employee\u2019s right to leave dangerous place of work

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