SECTION B
60 Marks
Read the extract from the Labour Act No. 11 of 2007 below and answer the questions that
follow.
Minimum Wage
Minimum wage is regulated under the Labour Act in Namibia. The Minister for Labour has the
power to issue wage orders to decide the remuneration and working conditions for
employees in a particular industry or area after considering the recommendations of the
Wage Commission. The Wage Commission is formed either by the Minister, or upon the
request of a trade union and/or registered employers' organization. The function of the Wage
Commission is to investigate the conditions of employment including remuneration and
accordingly report back to the Minister. The Wages Commission is a tripartite body with
representation from workers and employers' organizations.
The Wage Commission's report must also consist of recommendations for minimum
remuneration, the basis upon which the remuneration is based, the deductions allowed or
disallowed, wage payment method, keeping of employment records, prohibition or
regulation of certain kinds of work etc. For updating the minimum wage, the Wage
Commission can recommend increase or decrease in the remuneration, and the Minister can
issue a new wage order accordingly. Minimum wages are generally set through the collective
agreements. There are separate collective agreements for agriculture and industry.
The Labour Act, 2007 in itself does not provide a list of factors to be taken into account for
the determination of minimum wage. Furthermore, the law does not require that the
minimum wage must take into account the living expenses of the employees. After 1 October
2018, minimum wage is increased by one percent additionally equal percentage to average
rise in inflation rate as described in Namibia Statistics Agency under Statistics Act 2011.
For the purpose of compliance, the labour inspector can assist employees in filing complaints.
Furthermore, the inspector may investigate and issue a compliance order where the employer
has failed to comply with the wage order. A person who fails to comply with the compliance
order is liable to a fine not exceeding N$ 10,000 or imprisonment for a period of up to two
years or both.
Adopted from Labour Act, 2007. Wage order for setting minimum wage and supplemental
minimum conditions of employment for domestic workers: Labour Act, 2007 (Government
Notice No. 258 of 2017).
2.1 Referring to the abstract above, discuss the mechanisms used to set minimum wages in
Namibia and South Africa.
20 Marks
2.2 Explain the collective bargaining process in relations to the conditions of employment and
the factors that determined the bargaining power outcomes
20 Marks
s