Namibia

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2022 Score

68.5

Stagnant

2020 Score

68.5

Rating

Limited Access to
Decent Work

Fair
Wages

100

Decent
Working Hours

100

Employment
Security

20

Family
Responsibilities

0

Maternity
at Work

80

Safe
Work

100

Social
Security

60

Fair
Treatment

100

Child &
Forced Labour

75

Trade
Union

50

1. Fair Wages
2. Decent Working Hours
3. Employment Security
4. Family Responsibilities
5. Maternity at Work
6. Safe Work
7. Social Security
8. Fair Treatment
9. Child & Forced Labour
10. Trade Union

Fair Wages

QuestionAnswerScoreLegal Basis
Does the law prescribe minimum wage rates in the country?Yes1§13, 105-106, 114, 125-127 of the Labour Act, 2007
Does the law require regular payment of wages?Yes1§8(b) & 10-12 of the Labour Act, 2007
Does the law require overtime compensation be at least 125% of the regular hourly rate?Yes1§17 of the Labour Act, 2007
Does the law require additional compensation for working on a weekly rest day?Yes1§20-22 of the Labour Act, 2007
Does the law require additional compensation for night work?Yes1§3(3), 3(4) & 19 of the Labour Act, 2007

Decent Working Hours

QuestionAnswerScoreLegal Basis
Does the law stipulate general working hours as 48 hours or lower?Yes1§3(2) & 16-18 of the Labour Act, 2007
Does the law restrict maximum working hours including overtime to 56 hours per week?Yes1§17 of the Labour Act, 2007
Does the law require a weekly rest of at least 24 hours?Yes1§20-21 of the Labour Act, 2007
Does the law require paid public holidays?Yes1The 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?Yes1§23 of the Labour Act, 2007

Employment Security

QuestionAnswerScoreLegal Basis
Does the law require written employment contracts or at least written employment particulars?No0§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?No0No applicable legal provisions could be located
Does the law limit the length of probation period including renewals to a maximum of 3 months?No0No applicable legal provisions could be located
Does the law require a 30-day notice before contract termination?Yes1§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?No0§35 of the Labour Act, 2007

Family Responsibilities

QuestionAnswerScoreLegal Basis
Does the law require parental leave for parents?No0No applicable legal provisions could be located
Does the law require at least one week of paid paternity leave for fathers?No0No applicable legal provisions could be located
Does the law require flexible work arrangements for workers with family responsibilities?No0No applicable legal provisions could be located
Does the law require paid nursing breaks?No0No applicable legal provisions could be located

Maternity at Work

QuestionAnswerScoreLegal Basis
Does the law prohibits inquiring about pregnancy during recruitment?Yes1§5 of the Labour Act, 2007
Does the law require paid maternity leave of at least 14 weeks?No0§26-27 of the Labour Act, 2007
Does the law require cash maternity benefit be at least 67% of a worker's former wage?Yes1§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?Yes1§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?Yes1§26 & 34 of the Labour Act, 2007

Safe Work

QuestionAnswerScoreLegal Basis
Does the law require provision of free personal protective equipment to workers from employer?Yes1Regulation 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?Yes1Regulation 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?Yes1§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?Yes1Employees’ Compensation Act 1941

Social Security

QuestionAnswerScoreLegal Basis
Does the law provide for an old age pension?Yes1§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?Yes1§20, 21 & 31 of the Social Security Act, 1994
Does the law provide for unemployment benefit?No0No applicable legal provisions could be located
Does the law require paid sick leave for the first 6 months of sickness?No0§24 of the Labour Act, 2007; §29 of the Social Security Act, 1994
Does the law provide for invalidity benefit?Yes1§3 of the National Pensions Act, 1994 and §20, 21 & 31 of the Social Security Act, 1994

Fair Treatment

QuestionAnswerScoreLegal Basis
Does the law require equal remuneration for work of equal value?Yes1§5(3) of the Labour Act, 2007
Does the law prohibit sexual harassment in employment?Yes1§5(7)(b), 5(8) & 7 of the Labour Act, 2007
Does the law prohibit discrimination in employment matters?Yes1§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?Yes1§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?Yes1National Pensions Act, 1992 and Social Security Act, 1994; ISSA Country Profile for Namibia

Child & Forced Labour

QuestionAnswerScoreLegal Basis
Does the law prohibit employment of children?Yes1Chapter 2, §3(2) of the Labour Act, 2007
Does the law set employment entry age equal to or higher than the compulsory schooling age?No0§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?Yes1§3 of the Labour Act, 2007; Regulations relating to Health and Safety of Employees at Work, 1997
Does the law prohibit forced labour?Yes1§4 of the Labour Act, 2007; §3 of the Combating of Trafficking in Persons Act, 2018

Trade Union

QuestionAnswerScoreLegal Basis
Does the law allow workers to form and join unions of their own choice?Yes1§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?No0§64 & 93 of the Labour Act, 2007; USDOS CRHRP 2021
Does the law provide for the right to strike?No0§74-77, Labour Act 2007
Does the law prohibit employers from terminating employment contracts of striking workers?Yes1§76, Labour Act 2007