Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. In its previous comments, the Committee had noted that section 77 of the Labour Act, 2007, establishes the procedures for the determination of an essential service, and in particular that the final decision on the determination of a service as essential rests with the Minister of Labour, after consideration of the recommendations formulated by the Labour Advisory Council and the Essential Services Committee (section 77(1), (3), (4) and (5) of the Labour Act). The Committee had requested the Government to indicate whether parties directly affected by decisions of the Minister taken under section 77 of the Labour Act may appeal the Minister’s decisions, and if so to indicate the legal provision providing for this right of appeal. The Committee notes that the Government refers in its report to sections 77(9) and (12) and 78 of the Labour Act concerning the possibility to refer to the Essential Services Committee a dispute about whether or not an employee or an employer is engaged in an essential service. In these circumstances, the Committee requests the Government to indicate if the designation of an essential service by the Minister, under section 77(4), (5) and (15) of the Labour Act, can be appealed or revised by the courts of Namibia.

Article 5. In its previous comments, the Committee noted that section 59 of the Labour Act guarantees to trade unions and employers’ organizations the right to form and participate in the activities of federations, as well as the right to affiliate with, and participate in, the activities of international organizations. The Committee requested the Government to indicate whether federations of workers’ and employers’ organizations have the right to form confederations. The Committee notes that the Government indicates in its report that trade unions and employers’ organizations have the right to form confederations and have been in existence for many years. The Committee requests the Government to specify the legal basis for the said right.