Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee takes note of the Government’s first report on the application of the Convention for the period between 1997 and 1999. It would appreciate receiving further information on the following points.

Article 2, paragraph 2, of the Convention.  Please indicate if any of the categories of employed persons listed in paragraph 2 have been excluded in practice from the scope of the Convention and, if so, whether adequate safeguards exist to prevent abuse, as specified in Article 2, paragraph 3.

Article 2, paragraphs 4 and 6.  The Committee notes that section 2 of the Labour Code provides that members of the Namibian defence force and the Namibian police force are excluded. Please provide copies of the provisions which govern protection against termination of employment for these categories of workers.

Article 4.  Please provide information on how a valid reason is defined in law and practice, in particular, whether it is limited to the capacity or conduct of the worker, or the occupational needs of the enterprise.

Article 5(d).  Please provide further information on how termination of employment on grounds of pregnancy, social origin or national extraction is prohibited by law.

Article 6.  Please clarify whether termination of employment on the grounds of temporary absence from work due to illness or injury is considered an invalid reason for dismissal, as required under paragraph 1. Please define what constitutes temporary absence from work and specify the extent to which medical certification shall be required.

Article 7.  Please specify whether a worker has the right to defend himself or herself against allegations of incapacity or misconduct before termination is effected.

Article 12.  The Committee notes that section 52(1)(a) requires a minimum of 12 months’ uninterrupted employment for entitlement to a severance allowance. The Committee recalls that entitlement to severance allowance may not be made conditional on the length of service, although the amount of severance allowance may be based on length of service. Please provide further information on what provisions exist or are envisaged to ensure that all workers are entitled to a severance allowance. Please also specify whether "misconduct" as stated in section 52(2)(a) is limited to "serious misconduct" as defined in Article 11, and how serious misconduct is defined in law and practice to ensure that workers who are not guilty of serious misconduct receive the full severance allowance to which they are entitled under Article 12.

Article 14, paragraph 3.  Please provide information on the minimum period of notice an employer must provide to the Labour Commissioner before carrying out mass terminations, and a copy of the relevant law or regulation.

Part V of the report form.  Please provide general information on the manner in which the Convention is applied in practice, including available statistics on the activities of the bodies of appeal (number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons.

The Committee also notes the provisions contained in the draft Labour Bill and hopes that the final version will take into account the points raised above. The Committee would appreciate receiving a copy of the law when it is enacted.