Fair Treatment

Equal Pay

Under the Labour Act, 2007, it is discrimination on grounds of sex to differentiate without justification in any employment decision, including remuneration, between employees who do work of equal value or between applicants who seek work of equal value.

Source: §5(3) of the Labour Act, 2007

Non-Discrimination

The Constitution of Namibia stated that no person can be discriminated on the basis of their gender, race, color, ethnic origin, creed, social or economic status.

Under the Racial Discrimination Prohibition Act, 1991, no employer who is seeking to appoint a person who has applied for such work, can refuse to appoint him on the basis of the person’s race, color or ethnic origin, or upon employment, offer different conditions than those offered to other employees. Furthermore, an employee cannot be dismissed or subjected to any detriment where the other employees performing same or similar work are not dismissed or would not be subjected to the detriment on the ground of employee’s race, color or ethnic origin. Any person contravening this section would be liable to a fine not exceeding Rs 50,000 or imprisonment not exceeding 10 years or both.  

Under the Labour Act, 2007, a person must not discriminate in any employment decision directly or indirectly or engage in any practice which has the effect of discrimination on the grounds such as race, color or ethnic origin; sex, marital status or family responsibilities; religion, creed or political opinion; social or economic status; degree of physical or mental disability; AIDS or HIV status; or previous current or future pregnancy.

Accordingly, the Employment Services Act, 2011 provides that a private employment agency cannot discriminate in the advertisement, recruitment, and referral of persons for prospective employment on the basis of race, color or ethnic origin; sex, marital status or family responsibilities; religion, creed or political opinion; social or economic status; degree of mental or physical disability; AIDS or HIV status; or previous, current or future pregnancy.

It is unfair to dismiss an employee because of such employee’s sex, race, colour, ethnic origin, religion, creed or social or economic status, political opinion or marital status.

Source: §10 of the Constitution of Namibia, §7 of Discrimination Prohibition Act, 1991, §5(2) of the Labour Act, 2007 and§26 of the Employment Services Act, 2011

Equal Choice of Profession

Under the Labour Act, 2007, a person must not discriminate in any employment decision directly or indirectly, or adopt any requirement or engage in any practice which has the effect of discrimination against any individual on the grounds of sex, marital status or family responsibilities. It is discrimination on grounds of sex to differentiate without justification in any employment decision between employees who do work of equal value or between applicants who seek work of equal value.    

The Constitution of Namibia provides all persons with a right to withhold their labour without being exposed to criminal liabilities. Furthermore, every person has the right to practice any profession, or carry on any occupation, trade or business.

Source: §21 of the Constitution of Namibia and §5 of the Labour Act, 2007 

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