Renthia Kaimbi
Justice and Labour Relations Minister Fillemon Wise Immanuel said employers cannot choose to ignore the minimum wage. He said any exemption from the minimum wage order will only be allowed after proper talks with workers.
Immanuel said chapter 3 of the Labour Act and the minimum wage order are mandatory unless a formal exemption is approved.
He said employers who ignore these provisions face compliance orders and penalties.
He made the remarks over the weekend after rejecting Beifang Mining’s exemption application linked to other labour standards at Swakop Uranium.
Beifang sought approval to reduce the minimum rest period for shift workers from 36 to 34 hours, increase overtime beyond 10 hours per week and allow employees to cash in leave days while still employed, contrary to section 23(10) of the Labour Act.
Immanuel told the Windhoek Observer that he declined the request after trade unions raised concerns that worker consultations were inadequate.
He said section 139(2) of the act allows an exemption only if the minister is satisfied that affected employees were properly consulted.
He said consultation cannot be reduced to notices or brief engagements but must involve a genuine exchange on the scope of the exemption and its effect on workers’ rights.
“Generally, and in terms of the legal order, if the employer does not have an exemption, the default provision is what the Labour Act provides for. Therefore, non-compliance, either with the minimum wage order or general provisions of the Labour Act, attracts compliance orders, and subsequent failure to comply with the issued order leads to penalties,” Immanuel said.
Immanuel’s warning also came as he intervened in a separate labour dispute between Namib Mills and the Namibian Revolutionary Transport and Manufacturing Union (Naretu).
After hours of negotiations, the parties reached a breakthrough around 20h00 on Friday, bringing a possible end to a nearly three-week strike and lockout.
The talks produced agreement on a final percentage for annual salary increases, pay adjustments for workers in the same job grades, and higher night-out allowances for drivers.
The parties also agreed to improve medical aid benefits, protect employee bonuses from deductions and finalise a new procedural agreement.
Three matters remain unresolved. These include setting a standard minimum entry-level wage, increasing transport allowances, and agreeing on the effective date for salary increases.
Immanuel instructed the parties to exchange detailed proposals and conclude talks by next week.
Immanuel also clarified the rules around protected strikes. He said workers in a protected strike may withhold their labour without breaching their contracts, but the rules of the strike must be signed before action begins.
“Any protected strike is regulated by the Rules of the Strike. Quite often, the rules are of the effect of ‘no work – no pay’. It is a standard practice adopted in protected strikes,” he said.
He said related benefits such as transport, accommodation and meals may also be suspended during a strike.
He noted that this approach was applied during the recent Namib Mills dispute and the City of Windhoek strike.
Immanuel said protected strikes must follow strict procedures including attempts at conciliation.
He added that while employers may rearrange internal resources during a protected strike, they are generally prohibited from hiring replacement workers.
He also warned that offering bonuses or incentives only to non-striking workers could amount to unfair discrimination against those participating in the strike.
