Govt blamed for business attacks

Labour experts say a lack of performance by labour inspectors may have created a void that is now filled by non-registered labour movements that have made it a habit to ambush businesses over perceived unfair labour practices.

There is also a strong feeling that “labour inspectors in the country are not visible and are not doing what they should be doing and this is perhaps why workers have lost faith in the system”.

Employers have called on the government to devise measures to protect them by warning perpetrators not to act arbitrarily.

Entities such as the Affirmative Repositioning (AR) and Namibia Economic Freedom Fighters (NEFF) have in recent months conducted arbitrary visits to workplaces where complaints were raised by workers, despite enjoying no bargaining status.

The AR Revolutionary Union, which is yet to be registered, has in recent months become known for its unannounced visits to local business, the majority being Chinese owned, interrogating them over alleged misconduct and worker mistreatment.

NEFF has now also joined this bandwagon. On Monday they entered the premises of Chinese-owned company Cheetah Cement without an appointment, accusing them of hiring illegal Chinese immigrants for positions that could be filled by Namibians.

During this visit, the NEFF leadership demanded to see the work permits of these alleged illegal immigrants, insisting that they did not need to make an appointment to investigate such claims.

They were especially disturbed to find a Chinese national sweeping the floor, a basic job they claim a Namibian should have been given.

Freedom of association

Dr Michael Uusiku Akuupa, director of the Labour Resource and Research Institute (LaRRI), points out that it is a constitutional right for Namibians to associate and that any registered and recognised entity can organise and vouch for worker issues.

He added that while the Office of the Labour Commissioner registers trade unions, it is not obligatory for an employer to engage with an entity that does not have bargaining rights at a workplace, let alone a non-registered one.

“It is rather interesting that political parties and entities that are not registered with the Office of the Labour Commissioner find play in a field legally confined for trade unions.

“We should maybe begin to ask further questions of why it is happening like that. Is it because trade unions are not able to organise effectively? Or is it because workers have lost faith in trade unions?

“The important question is: Are political entities in the trade union arena doing that for political reasons? It does not mean that politicians should not concern themselves with workers issues but they should also recognise the rightful players at the work place,” he said.

He added that the office of Labour Commissioner should also play its rightful role and should be able to publicise information about recognised worker representing organisation regularly so that workers can know where to turn to if such need arises.

According to him, companies that do not have worker representative organisations will always face a problem when issues at work arise.

Thus, it is important that they have their workers organised and affiliated to a registered organisation.

Responding to the potential of conflict or violent eruptions during such ad hoc visits by entities such as AR and NEFF, Akuupa observed that a confrontational attitude does not solve problems but rather escalates them, and workers usually end up paying the price.

“Violence and victimisation always pursue after the effect. Thus, the field of workers rights should be left to specialised entities. It is unprofessional and not in the interest of social dialogue when employers are ambushed.”

‘No choice but use force’

Namibian Financial Institutions Union secretary-general Asnath Zamuee argues that workers have the right to associate themselves with unions or entities that are not recognised by law.

“From the employer’s perspective, the trade union or entity should write and request time to see the work because at the end of the day the premises belong to the employer.

“It might border on trespassing if permission was not granted, but it also depends on the attitude of employers because sometimes you may find hostile employers and you have no choice but to use force,” she said.

Labour expert Herbert Jauch said massive gaps in the labour relations system fail to safeguard fair labour practices and decent working conditions.

“Namibia has far too few labour inspectors and most malpractices and violations of workers’ rights are not addressed by them. This leaves workers frustrated an in times of financial cutbacks the situation only can get worse. This leaves a gap which other organisations might utilise to raise malpractices publicly,” he said.

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