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HR AuditTake the following audit to determine your percentage compliance with minimum requirements as taken up in the Namibian Labour Act (Act No. 11 of 2007).

Please note that the purpose of the audit is to give the client a broad indication of his/her compliance with the Act (2007) and is not comprehensive enough to test the client’s overall compliance.

Further note that additional audits are available to test not only the client’s compliance with legislation but also to measure the client’s maturity in terms of Human Resources / People Management best practises.

Comprehensive internet based audits are available on request and at a fee.

Instructions to take the audit:

  • Please read every statement and tick the relevant option – i.e. “agree” or “do not agree”. Tick “agree” if the statement is not relevant to your business.
  • Click submit at the end of the survey in order for processing to commence.
  • The result will show within a few seconds as a percentage of compliance to the Act (2007). The report will also show you in what areas compliance is needed.
  • Note that this survey pertains to minimum requirements as taken up in the Act (2007) and we recommend that you investigate and rectify items where there is lacking compliance. Please send an e-mail to info@namhr.com should you require assistance in closing any issue forthcoming from this audit.
Question Reference to section in Labour Act (2007) Statement Agree Do not agree
1. 3 I do not employ children younger than 14 years of age.
2. 3 & 4 I observe specific restrictions on child labour between the ages of 14 and 18 years of age.
3. 4 & 17(1) I do not force people to work under threat of penalty, punishment or other harm to be imposed.
4. 5 I have policies and procedures in place to avoid any form of discrimination, intimidation and sexual harassment. 
5. 6 My employees enjoy freedom of association with any union, etc.
6. 11 Payment to my employees is accompanied by a written statement of particulars pertaining to how payment was calculated (payslip).
7. 12(1) I only deduct money from my employee’s remuneration based on a court order, collective agreement or written agreement between me (employer) and the employee.
8. 12(2) I never deduct from my employee’s salary amounts which in aggregate exceed one third of the employee’s remuneration.
9. 12(3) I only deduct money from my employee’s remuneration for the purpose of rent, goods purchased from the business, loan or advance from the employer, contributions to employee benefit funds or subscriptions / levies to a registered trade union
10. 16 My employee’s ordinary working hours are 45 hours or less per week and consist of 9 hours per day for 5 days or 8 hours per day for 6 days per week – or less but not exceeding 9 hours normal time on any one day.
11. 17(1) My employees are not forced to work overtime and overtime is worked as per agreement between the employer and the employee.
12. 17(1) My employees’ overtime hours per individual do not exceed 10 hours per week or alternatively that I have exemption for my employees to exceed the 10 hour overtime limit subject to me complying with the approved exemption criteria (pertaining to new maximum hours).
13. 17(2) I pay my employees at 1.5 times their ordinary hourly rate for ordinary overtime hours worked or alternatively have a more favourable written agreement with my employees.
14. 17(2) & 21(5)(6) I pay my employees at 2 times their ordinary hourly rate for hours worked on a Sunday or alternatively have a more favourable written agreement with my employees.
15. 17(2) & 22(5) I pay my employees at 1 time their ordinary hourly rate in addition to their normal hourly rate for hours worked on Public Holidays if such Public Holiday falls on a normal working day. I pay my employees at 2 times their ordinary hourly rate if they work on a Public holiday which fall on a none normal working day.
16. 18 I give my employees a lunch break of 1 hour after 5 hours of continues work. (excluding when employees are engaged in urgent work, security work or works a continues shift)
17. 19 I pay my employees and additional amount equal to 6% of their ordinary basic wage for hours worked between the hours of 20h00 and 7h00.
18. 20 All of my employees have at least 36 consecutive hours of rest (off duty) per week.
19. 23(2) I provide my employees with a minimum of 4 consecutive weeks of paid annual leave per annum
(i.e. 24 working days leave for employees working 6 days per week; 20 working days leave for employees working 5 days per week; 16 working days leave for employees working 4 days per week; 12 working days leave for employees working 3 days per week; 8 working days leave for employees working 2 days per week; 4 working days leave for employees working 1 day per week.)
20. 23(10) I only pay out leave on the discontinuation of an employee's employment.
(I never pay out leave during the course of an employee’s employment even if the employee agrees thereto.)
21. 24(1) My employees are entitled to paid sick leave according to the following sick leave days per 3 year cycle:
(36 working days sick leave for employees working 6 days per week; 30 working days sick leave for employees working 5 days per week; 24 working days sick leave for employees working 4 days per week; 18 working days sick leave for employees working 3 days per week; 12 working days sick leave for employees working 2 days per week; 6 working days sick leave for employees working 1 day per week.)
22. 25(1) My employees are entitled to 5 working days paid compassionate leave per annum.
23. 26(1) My female employees are entitled to at least 12 weeks maternity leave with a view to her confinement and applied as 4 weeks maternity leave before the expected date of confinement and 8 weeks thereafter.
24. 26 All my employees are registered with the Social Security Commission.
25. 26 I continue payment of all monies except the basic wage during periods of maternity leave.
26. 28(2) If I provide accommodation for my employees, I ensure that adequate housing is provided – inclusive of sanitary and water facilities.
27. 28(3) If my employees’ lives on agricultural land, I permit the employee to keep livestock and to cultivate land to meet the relevant employees and their dependants’ reasonable needs or I provide them with sufficient food to do so or I pay the employee and additional amount to do so.
28. 29(1) If I provide accommodation to my employees, I give at least one month written notice to terminated employees to vacate their accommodation and 3 months written notice to my employees staying on agricultural land. However, accommodation arrangements remain valid until the conclusion of any dispute lodged by an employee.
29. 43(1) If I employ more than 10 employees, I have in place one trained Health & Safety representative for every 100 employees employed. This representative is duly elected by my other employees.
30. 67(1) If I employ more than 5 employees belonging to the same union, I permit the appointment of a workplace union representative and afford such representative with sufficient opportunity and time to perform his/her duties.
(2 workplace representatives are recognized if there are more than 25 members; 3 workplace representatives are recognized if there are more than 50 members; 4 workplace representatives are recognized for the first 100 members and 1 additional for every 100 members thereafter.)
31. 130(1) I keep employee records, current for the most resent 5 years, containing the following: name, sex, age and occupation of employee; date of employment, date of termination of employment, reason for termination, remuneration payable and paid; periods of absences and leave.
32. 130(2) I keep an employee’s records for a period of at least 5 years after he/she has left my service.
33. GG No. 4151 I keep record of my employees’ attendance and working hours.

NamHR strongly suggest that businesses should consider implementing the following:

  • Employment contracts for all staff members (fix term and open ended employment – i.e. temporary and permanent employees)
  • Basic policies and procedures
  • Code of conduct
  • Personnel files
  • Relevant forms