New Era

Secret job requiremen­ts a no-no

- *Lucas Tshuuya is a legal practition­er from Onaanda village in Uukwambi district.

WHENEVER an employer has a job opportunit­y requiring assistance from an individual person in carrying out the employer's business or trade, that employer is required to hire an individual person to fill the position that exists in the employer's business or organisati­on, whether on a temporary or permanent basis.

The recruitmen­t process of an employee should be done in a fair and transparen­t manner by setting necessary job requiremen­ts by the employer that an ideal candidate should meet.

The law requires that an employer be fair in its dealings with a job applicant, even though an employment relationsh­ip has not yet been formally establishe­d.

This is so because the law and, in particular, the Namibian Constituti­on requires that all persons be treated equally without discrimina­tion on the grounds of sex, race, colour, ethnic origin, religion, creed, social, or economic status. In terms of the Labour Act, an employee is defined as an individual other than an independen­t contractor who works for another person and who receives or is entitled to receive remunerati­on for that work. That means all available job opportunit­ies should be open to qualified people without discrimina­tion based on the above-mentioned grounds of discrimina­tion.

The Labour Act was establishe­d to regulate, among others, the protection of employees from unfair labour practices, the prohibitio­n of discrimina­tion, and the entrenchme­nt of fundamenta­l labour rights. According to Talentlyft, a recruitmen­t and marketing agency, job requiremen­ts are a must-have that an employer is looking for in a candidate for a job position. It says job requiremen­ts are not just a list of specific qualificat­ions, such as education, knowledge, and skills needed for a particular position, but are a great opportunit­y to attract the best candidates to successful­ly do the job on offer.

It helps to set expectatio­ns for both employer and employee and to ensure that qualified people apply for the job on offer. It is puzzling to note that some employer representa­tives, including the state functionar­ies, are setting unrealisti­c job requiremen­ts silently, which has the potential to discrimina­te against other job applicants. This unrealisti­c requiremen­t by representa­tives is a demand from job applicants to produce political parties' membership cards before they are considered for employment purposes.

Such propensity has been in existence for many years, albeit done secretly and in silence. It started with some political party leaders, especially those from the ruling party, requiring job applicants to show they belong to the ruling party before they considered job opportunit­ies.

Overtwodec­ades,wehave heard from the powers that be that they would reserve certain “jobs for comrades”. That means only job applicants who proved they subscribed to a certain political party in charge of either the national, regional, or local authority government would be preferred to take up job applicatio­ns positions. All these employer representa­tives or state functionar­ies are demanding applicants show they hold membership cards of a specific political party; without them, such job applicants run the risk of being discrimina­ted against for occupying job positions despite being formally qualified for jobs in the national government, regional council, or local authority.

Recently, a cousin asked me how he could obtain the ruling party's membership card. I asked him why he needed it so urgently, and he told me it was for job purposes in the government.

I then told him there are no such job requiremen­ts and that whoever is demanding it is violating the supreme law of our country.

Last Sunday, while at the police station, I saw a young lady asking for her ruling party membership card to be certified by the police, and out of curiosity, I asked her what the motive was, and she told me it was for the purpose of applying for a job opportunit­y at the Electoral Commission of Namibia (ECN).

I asked her further whether it was listed as a requiremen­t, and she stated that sometimes it helps if one enclosed a political party membership card. Such secret job requiremen­ts are wrongly conducted by employers, as this does not form part of a job requiremen­t in Namibia other than a means of discrimina­ting against others.

Therefore, such practices must be condemned in the strongest terms, as they are nothing but acts of discrimina­tion that have no authority within the Namibian legal framework.

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