Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Labour Relations (Public Service) Convention, 1978 (No. 151) - Namibia (Ratification: 2018)

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Article 1 of the Convention. Scope of application. The Committee takes note of the Government’s first report. While noting with interest that Section 2(2) of the Labour Act of 2007 includes in its coverage most public employees, the Committee refers to its comments under the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) concerning the need to recognize to prison staff the right to organize.

Articles 4 and 5. Protection against anti-union discrimination and interference. Insofar as, as mentioned above, the public employees are covered by the Labour Act and the latter covers issues relating to protection against anti-union discrimination and interference, the Commission refers in this respect to its comments under the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

Article 6. Facilities to be afforded to public employees’ organizations. The Committee notes the Government’s statement that the Public Service Staff Rules provide trade union members special leave with full remuneration and access to the employer’s premises, to attend to union activities, as well as the deduction of trade union dues. The Committee requests the Government to provide further information on the facilities that are afforded to the representatives of recognised public employees' organisations in order to enable them to carry out their functions promptly and efficiently.

Article 7. Participation of organizations of public employees in the determination of terms and conditions of employment of their members. The Committee notes with interest that the organizations of public employees are recognized the right to bargain collectively in accordance with the Labour Act and the Public Service Act, 1995. Furthermore, the Committee notes the requirement in the Public Service Act that every collective agreement shall contain a clause to the effect that Treasury approval shall be obtained before a collective bargaining agreement involving expenditure is implemented. The Committee emphasizes that the role of the financial and budgetary authorities must be carried out in good faith within a framework of constructive dialogue in which the views of the trade union organizations are taken into account. The Committee requests the Government to continue providing information illustrating the development of the collective bargaining with public employees’ organizations. In addition, the Committee requests the Government to provide further information on the role of Treasury within the collective bargaining process.

Registration of public servants’ organizations for the purpose of collective bargaining. The Committee notes with interest the indication from the Government that it has a recognition agreement with the Namibia National Teachers Union and with the Namibia Public Workers Union. In this respect, the Committee also refers to its comments under Convention No. 98 concerning Article 63 (3) of the Labour Act according to which the Labour Commissioner may request a registered trade union seeking recognition as an exclusive bargaining agent, proof that the trade union represents the majority of the employees within the bargaining unit.

Article 8. Settlement of disputes. The Committee duly notes the information provided by the Government that the Public Service Act establishes procedures for the settlement of disputes arising from negotiations between the public authorities and public employees’ organisations in determining the conditions of employment. It also notes the indication that the existing recognition agreement between the Government and the public service unions make provision for internal dispute settling procedures before referral to the courts.