Business Reporter
THE resolving of labour issues by different political organizations and other individuals has been on the increase in the country recently with many of these agents storming into workplaces unannounced and demanding better conditions for workers whilst filming these events.
Although these actions are in the spirit of empowering workers, the Ministry of Labour and Industrial Relations and Employment Creation (MLIREC) has raised concern about the flooding of non-exclusive bargaining agents at different workplaces.
Lydia Indombo, Acting Executive Director of the labour ministry, shared that the Labour Act, Act No. 11 of 2007, which is one of the laws that regulate the Namibia labour market, makes provisions for the establishment of the trade unions to deal with the matters of collective bargaining.
She noted that the same Act gives a clear distinction of an ”authorized representative” i.e. any person authorized to represent a registered trade union or any office-bearer or official of a trade union or employers’ organization.
“The law is very clear that an employer must not recognize a trade union as an exclusive bargaining agent in terms of the Labour Act unless such is registered with the Labour Commissioner and represent the majority of the employees in the bargaining unit.
“Owing to what the law says, the Ministry is not mandated and thus cannot dictate to employers whether to deny or allow access into their premises the non-exclusive bargaining agents or let alone engage them, if their primary purpose of going to the workplace is to negotiate a collective agreement on any matter affecting the employees,” Indombo said.
She further advised employers, employees and the aspiring exclusive bargaining agents that anything contrary to the law becomes illegal and may lead to legal implications if one party decides otherwise.
“Experience has proven the importance of exercising caution in dealing with labour matters by all means.
“Contrary to that defeats the purpose of effectively mitigating labour disputes and has the potential to undermine the legally established avenues for systematic prevention and resolution of labour disputes and the promotion of harmonious labour relations in the country,” Indombo concluded.
