Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Namibia (Ratification: 1995)

Articles 1 and 2 of the Convention. Protection in practice against acts of anti-union discrimination and interference. In its previous direct request, the Committee had requested the Government to provide details on the rapidness of arbitration procedures in cases alleging anti-union discrimination and interference. The Committee notes that the Government again indicates that section 86(7) of the Labour Act 2007 provides that the arbitrator may conduct the arbitration of disputes in a manner that she/he considers appropriate in order to determine the dispute fairly and quickly. Recalling that cases concerning anti-union discrimination and interference should be examined rapidly, so that the necessary remedies can be really effective, the Committee requests the Government to provide detailed information indicating whether any cases alleging anti-union discrimination and interference have proceeded to arbitration under the Act and, if so, the length of time that those arbitration procedures took as well as the outcome.

Article 4. Recognition for purposes of collective bargaining. In its previous direct request, the Committee had requested the Government to indicate whether, if no union covers more than 50 per cent of the workers, the minority unions in the bargaining unit enjoy collective bargaining rights, at least on behalf of their members and to indicate whether, in practice, minority unions enjoy collective bargaining rights in cases where there is no union representing 50 per cent of the workers concerned. The Committee notes that the Government indicates that there is no obligation on employers to bargain collectively with a union that has less than 50 per cent representation in the bargaining unit, as the law does not make provision for minority unions to enjoy bargaining rights. The Committee however notes with interest that the Government refers to the example of a collective agreement signed with three minority trade unions on 10 July 2014, setting minimum wages between the Security Association of Namibia and the Namibia Transport and Allied Workers Union, the Namibia Security Guards Watchmen’s Union, and the Namibia Independent Security Union.

Trade union federations and confederations and collective bargaining. In its previous direct request, the Committee had requested the Government to indicate whether trade union federations and confederations enjoy the right to bargain collectively and, if so, to specify the legal basis for said right. The Committee notes the Government’s indication that trade union federations and confederations derive their membership from affiliated registered trade unions who usually bargain on matter of mutual interest for the workers. The Committee further notes that the Government indicates a need to better understand the type of negotiations in which trade union federations could be involved in collective bargaining. The Committee recalls that the choice of level of collective bargaining should normally be made by the partners themselves, since they are in the best position to decide the most appropriate bargaining level including, if they so wish, by adopting a mixed system of framework agreements supplemented by local or enterprise-level agreements. The Committee hopes that the Government will be in a position to take steps to ensure that trade union federations and confederations can exercise the right to bargain collectively and requests the Government to provide it with information on any steps in takes in this regard. The Committee reminds the Government that it may seek technical assistance from the Office in this regard.