68.5
68.5
Limited Access to
Decent Work
100
100
20
0
80
100
60
100
75
50
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | Yes | 1 | §13, 105-106, 114, 125-127 of the Labour Act, 2007 |
| Does the law require regular payment of wages? | Yes | 1 | §8(b) & 10-12 of the Labour Act, 2007 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | Yes | 1 | §17 of the Labour Act, 2007 |
| Does the law require additional compensation for working on a weekly rest day? | Yes | 1 | §20-22 of the Labour Act, 2007 |
| Does the law require additional compensation for night work? | Yes | 1 | §3(3), 3(4) & 19 of the Labour Act, 2007 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general working hours as 48 hours or lower? | Yes | 1 | §3(2) & 16-18 of the Labour Act, 2007 |
| Does the law restrict maximum working hours including overtime to 56 hours per week? | Yes | 1 | §17 of the Labour Act, 2007 |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §20-21 of the Labour Act, 2007 |
| Does the law require paid public holidays? | Yes | 1 | The Schedule of the Public Holidays Act, 1940; §22(5)(a)(i) of the Labour Act, 2007 |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §23 of the Labour Act, 2007 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | No | 0 | §9 & 37 of the Labour Act, 2007; Regulation 12 of the Regulations relating to Domestic Workers |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | No applicable legal provisions could be located |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | No | 0 | No applicable legal provisions could be located |
| Does the law require a 30-day notice before contract termination? | Yes | 1 | §30-32 of the Labour Act, 2007 |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | No | 0 | §35 of the Labour Act, 2007 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | No applicable legal provisions could be located |
| Does the law require at least one week of paid paternity leave for fathers? | No | 0 | No applicable legal provisions could be located |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid nursing breaks? | No | 0 | No applicable legal provisions could be located |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | Yes | 1 | §5 of the Labour Act, 2007 |
| Does the law require paid maternity leave of at least 14 weeks? | No | 0 | §26-27 of the Labour Act, 2007 |
| Does the law require cash maternity benefit be at least 67% of a worker's former wage? | Yes | 1 | §26-27 of the Labour Act, 2007; §28-29 of the Social Security Act, 1994 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | Yes | 1 | §26-27 of the Labour Act, 2007; §28-29 of the Social Security Act, 1994 |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §26 & 34 of the Labour Act, 2007 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | Regulation 2(6)(b) of Regulations relating to Health and Safety of Employees at Work, 1997 |
| Does the law require the employer to train workers on health and safety issues? | Yes | 1 | Regulation 2(3) & (4) of Regulations related to the Health and Safety of Employees at Work, 1997 |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §19(2) of the Labour Act, 2007; Regulations relating to Health and Safety of Employees at Work, 1997 |
| Does the law provide for employment injury benefit? | Yes | 1 | Employees’ Compensation Act 1941 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | §2 & 3 of the National Pensions Act, 1992 and §20, 21, 31 & 34 of the Social Security Act, 1994 |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | §20, 21 & 31 of the Social Security Act, 1994 |
| Does the law provide for unemployment benefit? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid sick leave for the first 6 months of sickness? | No | 0 | §24 of the Labour Act, 2007; §29 of the Social Security Act, 1994 |
| Does the law provide for invalidity benefit? | Yes | 1 | §3 of the National Pensions Act, 1994 and §20, 21 & 31 of the Social Security Act, 1994 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | Yes | 1 | §5(3) of the Labour Act, 2007 |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §5(7)(b), 5(8) & 7 of the Labour Act, 2007 |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §7, Discrimination Prohibition Act 1991; §5(2), Labour Act, 2007;§26, Employment Services Act, 2011 |
| Does the law allow women to do the same jobs as men? | Yes | 1 | §21 of the Constitution; §5 of the Labour Act, 2007; §7(5) of the Married Persons Equality Act, 1996 |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | National Pensions Act, 1992 and Social Security Act, 1994; ISSA Country Profile for Namibia |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | Chapter 2, §3(2) of the Labour Act, 2007 |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §53 of the Promulgation of Education Act, 2001 |
| Does the law prohibit the employment of children in hazardous work under the age of 18 years? | Yes | 1 | §3 of the Labour Act, 2007; Regulations relating to Health and Safety of Employees at Work, 1997 |
| Does the law prohibit forced labour? | Yes | 1 | §4 of the Labour Act, 2007; §3 of the Combating of Trafficking in Persons Act, 2018 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §21(1)(e), Constitution of Namibia 1990; §6 & 65, Labour Act 2007; |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §64 & 93 of the Labour Act, 2007; USDOS CRHRP 2021 |
| Does the law provide for the right to strike? | No | 0 | §74-77, Labour Act 2007 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | Yes | 1 | §76, Labour Act 2007 |
