GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$2.00 WINDHOEK - 14 December 2009 No. 4390

Similar documents
GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$4.00 WINDHOEK - 1 August 2014 No. 5522

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$2.00 WINDHOEK - 7 August 2009 No. 4315

Labour Act 11 of 2007 section 135

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

Short-term Insurance Act 4 of 1998 section 71

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

The Bill of National Commission for Enterprises in the Unorganised Sector, 2006

The Minimum Wage Law, 2013

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

Republic of Namibia. Foreign Investment Act

A DOSSIER: BILLS ON UNORGANISED WORKERS

ACT ON TOLL MOTORWAYS. of October 27, 1994

CHAPTER ONE: INTRODUCTORY PROVISIONS CHAPTER TWO: HOURS OF WORK

Law on Organization of Foreign Capital Investment in the Economic Activity (2000)

Namibia Investment Promotion Act 9 of 2016 (GG 6110) ACT

Working Journalists Act, 2051(1993)

Foreign Investments Act 27 of 1990 (GG 129) brought into force on 7 July 1992 by Proc. 19/1992 (GG 433)

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$2.00 WINDHOEK - 30 April 2010 No Parliament Government Notice

AGRICULTURAL CREDIT GUARANTEE SCHEME FUND ACT

SUPPLEMENT No. 3. THE SOVEREIGN BASE AREAS GAZETTE No. 578 of 31st December, SUBSIDIARY LEGISLATION CONTENTS

Liberia. UNCTAD Compendium of Investment Laws. Investment Act of 2010 (2010)

FOREIGN INVESTMENT ACT

BELIZE BELIZE MARKETING AND DEVELOPMENT CORPORATION ACT CHAPTER 281 REVISED EDITION 2003 SHOWING THE SUBSTANTIVE LAWS AS AT 31ST MAY, 2003

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

COMMON CONVENTION ON INVESTMENTS IN THE STATES OF THE CUSTOMS AND ECONOMIC UNION OF CENTRAL AFRICA *

CONSOLIDATED TO 8 NOVEMBER 2017 LEGISLATION OF SEYCHELLES CHAPTER 273

THE UNION OF MYANMAR THE STATE PEACE AND DEVELOPMENT COUNCIL THE DAWEI SPECIAL ECONOMIC ZONE LAW

Kentucky Prevailing Wage Statutes

Global Mobility Services: Taxation of International Assignees - Namibia

LONG-TERM INSURANCE ACT NO. 52 OF 1998 DATE OF COMMENCEMENT: 1 JANUARY, 1999 ACT

PRELIMINARY ANNUAL NATIONAL ACCOUNTS 2014

The Microfinance Law (The Pyidaungsu Hluttaw Law No.13) The 5 th Waxing Day of Nadaw, 1373 M.E. (30 th, November, 2011)

THE INVESTMENT PROMOTION ACT

Global Mobility Services: Taxation of International Assignees - Malawi

AGRICULTURAL INPUTS TRUST FUND ACT, 1994 ARRANGEMENT OF SECTIONS

The Microfinance Business Law (The Pyidaungsu Hluttaw Law No. 13 /2011 ) The 5th Waxing Day of Nadaw 1373 M.E. ( 30th November, 2011 ) The Pyidaungsu

GOVERNMENT GAZE'I.I'E REPUBLIC OF NAMIBIA

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$4.00 WINDHOEK - 24 December 2012 No. 5107

Export Processing Zones Act 9 of 1995 (GG 1069) brought into force on 10 October 1995 by GN 186/1995 (GG 1174)

THE INVESTMENT ACT OF 2010

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

Employers Indemnity Insurance

THE FOREIGN INVESTMENT LAW (THE PYIDAUNGSU HLUTTAW LAW NO 21/2012) (2 ND NOVEMBER, 2012) (THE 3 rd WANING OF THADINGYUT, 1374 ME)

CENTRAL ENERGY FUND ACT 38 OF 1977

LABOUR DISPUTE ADJUDICATION

Brighton Farmers Market 2018 Vendor Application

DEMAND NO. 32 HORTICULTURE Abstract Schedule for Object Headwise Expenditure (Rs. in lakhs) Actual Budget Estimates Revised Estimates

Environmental Investment Fund of Namibia Act 13 of 2001 (GG 2669) brought into force (retroactively) on 1 May 2005 by GN 266/2013 (GG 5314)

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

CHAPTERN89. NIGERIAN AGRICULTURAL INSURANCE CORPORA non ARRANGEMENT OF SECTIONS

with amendments to the agreement in the Schedule as ratified by

ANNEX M CORPORATE RESPONSIBILITY

Water Resources Rules, 2050 (1993)

The Agriculture Administration Act

THE BELGIAN-LUXEMBOURG ECONOMIC UNION

Former Presidents Pension and Other Benefits Act 18 of 2004 (GG 3350) came into force on date of publication: 18 December 2004

Annual National Accounts 2016

Total Tax If you have church employee income, see page 2 of the instructions before you begin.

GOVERNMENT OF ANDHRA PRADESH A B S T R A C T

Agricultural Producers Support Act

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$7.00 WINDHOEK - 5 November 2010 No. 4598

WAGE ORDER NO. RTWPB-XI-06 PROVIDING FOR A DAILY COST OF LIVING ALLOWANCE (COLA) TO THE WORKERS IN THE PRIVATE SECTOR FOR A PERIOD OF SIX (6) MONTHS

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

JSE Interest Rate and Currency Rules

National Accounts Workshop for SADC countries

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$4.00 WINDHOEK - 29 December 2015 No. 5911

Form - I (See rule 22) ABSTRACTS OF THE MINIMUM WAGES ACT 1948, AND THE RULES MADE THEREUNDER

LABOUR RELATIONS ACT, 1995

The Legal Framework of Foreign Investment in Egypt

AGREEMENT BETWEEN THE ENERGY COMMUNITY AND THE REPUBLIC OF AUSTRIA REGARDING THE SEAT OF THE SECRETARIAT OF THE ENERGY COMMUNITY.

EY s Young Tax Professional of the Year Competition. Entry form for South African Competition 2015.

The Department of Agriculture, Food and Rural Revitalization Act

TRINIDAD AND TOBAGO STOCK EXCHANGE LIMITED SMALL & MEDIUM ENTERPRISE LISTING AGREEMENT. THIS LISTING AGREEMENT is entered into on this day.

MODULE 11 PIONEER LEGISLATIONS (INDUSTRIAL DEVELOPMENT: INCOME TAX RELIEF)

IC Chapter 8. Employment Defined

Employees Compensation Act 30 of 1941

Amended Accounting Standards_ Intermediate

SUDAN INVESTMENT LOW

Supplementary Budget Motion

PRO-FORMA for SERVICE CONTRACT. UNITED NATIONS WORLD FOOD PROGRAMME in (city/country)

Short-term Insurance Act 4 of 1998 (GG 1832) brought into force on 1 July 1998 by GN 142/1998 (GG 1887) ACT

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

( ) Page: 1/9 INDONESIA IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS

AGRICULTURE. INSURANCE FOR FARMERS good and proper

FOREWORD. Namibia. Services provided by member firms include:

WAGE PAYMENT AND COLLECTION LAW Act of Jul. 14, 1961, P.L. 637, No. 329 AN ACT Relating to the payment of wages or compensation for labor or

Head 30: Ministry of Labour and Small Enterprise Development

The Gambling (Gaming and Betting) Control Act REGULATIONS

Head 30: Ministry of Labour and Small Enterprise Development

ARTICLE 1 DEFINITIONS

Preliminary Annual. National Accounts. Preliminary Annual National Accounts 2016

All questions are compulsory

BILL PART I PRELIMINARY NON-GOVERNMENTAL ORGANIZATIONS ACT, 2005.

- Examples of 501c4 organizations include volunteer fire companies, civic leagues, and community associations.

PRIVATE VOLUNTARY ORGANIZATIONS ACT

5016) ), (OG

Transcription:

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA N$2.00 WINDHOEK - 14 December 2009 No. 4390 GOVERNMENT NOTICE CONTENTS Page No. 237 Declaration of Extension of Collective Agreement: Agricultural Industry: Labour Act, 2007... 1 Government Notice MINISTRY OF LABOUR AND SOCIAL WELFARE No. 237 2009 DECLARATION OF EXTENSION OF COLLECTIVE AGREEMENT: AGRICULTURAL INDUSTRY: LABOUR ACT, 2007 Under Section 71(5) of the Labour Act, 2007 (Act No. 11 of 2007), and at the request of the Agricultural Employers Association, Namibia National Farmers Union and the Namibian Farm Workers Union, I hereby declare that the provisions of the collective agreement dated 5th March, 2009 and set forth in the Schedule are extended to all employees and employers in the Agricultural Industry. I. NGATJIZEKO MINISTER OF LABOUR AND SOCIAL WELFARE

2 Government Gazette 14 December 2009 No. 4390 SCHEDULE COLLECTIVE AGREEMENT ON MINIMUM WAGE IN THE AGRICULTURE SECTOR PREAMBLE The Agriculture Employers Association; AGRICULTURE EMPLOYER S ASSOCIATION NAMIBIA NATIONAL FARMER S UNION AND The Namibia National Farmers Union; and The Namibian Farm Workers Union NAMIBIA FARM WORKER S UNION Being the parties to this Collective Agreement, desiring to maintain labour peace in the agricultural sector, realizing the need to curb and prevent exploitation of farm workers, and having welcomed the principle of determining a minimum wage for agricultural workers, now agrees as follows: ARTICLE 1 DEFINITIONS 1. For the purpose of this agreement the term - Agriculture covers activities carried out in agricultural undertakings including crop production, animal husbandry, game farming and hunting, guest farms, insect raising, the primary processing of agricultural and animal products by or on behalf of the operator of the undertaking as well as the use and maintenance of machinery, equipment, appliances, tools and agricultural installations, including any process, storage, operation or transportation in an agricultural undertaking, which are directly related to agricultural production; Agriculture does not cover subsistence farming, industrial process that use agricultural products as raw material and the related services; agricultural employee means a person working for an agricultural undertaking or an agricultural employer for any period of time and who receives renumeration; agricultural employer means the owner or operator of an agricultural undertaking; agricultural sector and agricultural activity have the corresponding meaning; basic wage means for the purpose of calculating any basic condition of employment that part of an employee s renumeration in money including the cash equivalent of payment in kind, if any, as calculated in terms of section 10 of the Labour Act (Act No. 11 of 2007), paid in respect of work done during the hours ordinarily worked but does not include - allowances, including travel and subsistence, housing, motor vehicle, transport and professional allowances whether or not based on the employee s basic wage; pay for overtime as defined in section 8(g) of the Labour Act, 2007 (Act No. 11 of 2007); additional pay for work on a Sunday or a public holiday;

No. 4390 Government Gazette 14 December 2009 3 additional pay for night work as requested in terms of section 19 (1) of the Labour Act, 2007 (Act No. 11 of 2007); payments in respect of pension, annuity or medical benefits or insurance; breadline means a total income of the equivalent of US$1 per day per person; dependants means the employee s spouse or partner and their dependant children; entry level means the lowest level of remuneration of an agricultural employee; and subsistence farmer means a bona fide small-scale farmer who produces primarily for own consumption and who has no formal employment. ARTICLE 2 RECOGNITION AS EXCLUSIVE BARGAINING AGENT 2. For the purpose of this agreement the Parties recognise the Namibian Farm Workers Union as exclusive bargaining agent. ARTICLE 3 PURPOSE OF MINIMUM WAGE DETERMINATION 3. The purpose of this collective agreement for a minimum wage are - to improve the living standard of agricultural employees; to reduce poverty; to maintain social peace; to ensure income levels above the breadline; and to curb and prevent exploitation of agricultural employees. ARTICLE 4 CRITERIA FOR DETERMINING MINIMUM WAGES to - 4. The criteria to be used for a minimum wage determination should be, but not limited the needs of employees and their dependants; the capacity of the employer to pay; the level of wages in the country as a whole; existing social security benefits; and economic factors, including the requirement of the economic development.

4 Government Gazette 14 December 2009 No. 4390 ARTICLE 5 COVERAGE OF MINIMUM WAGES 5. (1) The agreed minimum wage determines the wage for the entry level of agricultural employees in the whole of Namibia including agricultural contract employees. (2) Domestic workers on farm, game and hunting farms and lodges are also covered by this agreement. (3) Specific categories of agricultural employers may be exempted temporarily from the whole agreement, or parts thereof. ARTICLE 6 MINIMUM WAGE DETERMINATION MACHINERY 6. Minimum wage determinations in the agricultural sector are to be done through - collective agreements; collective bargaining using the Agricultural Labour Forum as the platform; and collective agreements are to be gazetted in terms of section 71 of the Labour Act, 2007 (Act No. 11 of 2007). ARTICLE 7 ADJUSTMENT OF MINIMUM WAGES 7. Adjustment of the minimum wage in the agricultural sector must be - collectively negotiated by all parties to the agreement on an annual basis; the agreed criteria for determining a minimum wage in the agricultural sector, as contained in Article 4 of this agreement, should be used when establishing an adjustment of the minimum wage; and indicators and factors such as, but not limited to the current consumer price index (CPI), inflation rate, economic growth rate, and prevailing environmental conditions, drought, floods, bush-fires, should guide the parties in the adjusting the minimum wage. ARTICLE 8 ENFORCEMENT OF THE MINIMUM WAGE 8. (1) The minimum wage in the agricultural sector is to be implemented and enforced through - public education and information dissemination by the Parties to members and nonmembers of the Parties; inspection of the agricultural undertakings and their wage registers by labour inspectors as provided for in section 125 of the Labour Act, 2007 (Act No. 11 of 2007);

No. 4390 Government Gazette 14 December 2009 5 ensuring compliance with relevant legal provisions; consideration of penalties for non compliance with the minimum wage; and protection of agricultural employees against victimization. ARTICLE 9 MINIMUM WAGE FOR ENTRY LEVELS OF AGRICULTURAL EMPLOYEES 9. (1) The parties determined the minimum cash wage for the entry level of agricultural employees at N$2.87 per hour. (2) If an employee is by virtue of his or her employment required to live in or on a place of his or her employment or to reside on any of his or her employer s property, such employer must - provide such employee with such housing, including sanitary and water facilities, as may comply with the reasonable requirements of such employees and in the case of an employee who is required to live or reside on agricultural land, of his or her dependants and as may be mutually agreed by the individual employer and employees; permit in case of an employee who is required to live or reside on agricultural land such employee, in addition, to keep such livestock and to carry on such cultivation on such land as may be necessary for such employee to provide for the reasonable needs of himself or herself and of his or her dependants; or provide such employee with food or rations for the reasonable needs of such employee and his or her dependants and which value should not exceed the equivalent of 35% of the employee s basic wage; or provide such employee with an additional allowance of at least N$300.00 per month. ARTICLE 10 GENERAL PROVISION 10. (1) This agreement comes into force on the 1st June 2009. (2) This agreement remains in force until it is amended or replaced by another collective agreement of the Parties. (3) Any dispute must be settled through conciliation or arbitration as the Parties may agree and as provided for by relevant Namibian legislation.