Ministry of Labour, Industrial Relations and Employment Creation

This ministry took note of the questions below related to this ministry as raised by the public. Feedback is hereunder given for the publication in the New Era newspaper:

We normally receive year-end-bonus but we are now being informed that the company is unable to pay us bonus. Is this lawful according to the Labour Act?

QUESTION: Response:

The Labour Act has not made any provision for an employer to offer end-year bonus. However, in this case, it might be a part of the service contract of the company or was just a good gesture by the employer. Therefore, if the company is no longer in a position to offer it due to economic grounds it should inform the employees or employees’ representatives accordingly.

Is it lawful for an employer to deny issuing testimonials to its workers when retrenching them?

QUESTION: Response:

The Labour Act (Act 11 of 2007) states under section 37(6) that nothing prevents an employer from furnishing an employee, whose employment has been terminated, with a testimonial or other certificate of good character. In addition, the same section also makes a provision for the employer to give a Certificate of Service to the employee on the termination of employment.

Such certificate should state specific particulars such as: the name of the employee, name and address of the employer, a description of the industry, the date of commencement and termination of employment, employee’s job description, remuneration at the date of termination as well as the reason for termination of employment (if the employee requests so). Thus, the issuing of testimonial to employees is not mandatory but optional.

We would like to encourage employees and employers to forward their queries to our SMS line 66111 or PublicRelations.Officer@mol.gov.na for direct advice and where necessary, investigations.