The Employment Service Bill was passed by National Assembly before the Assembly adjourned at the beginning of November 2010. To date, 20 January 2011, it is not law yet but it is on its way to become law.
In essence the Ministry of Labour and Social Welfare will keep a data bank of all vacant positions at “designated employers” within Namibia and people. Job seekers that wish to be recruited and designated employer intends to recruit for vacant positions (any including temporary employees) must inform the Ministry of Labour as such.
Whether an employer must comply with the Employment Service Bill [when it is promulgated into law and came into force will in force] will depend on the definition or meaning of a designated employer.
A designated employer in terms of the Affirmative Action Act means any employer with 25 or more employees, but it should not be confused with whatever meaning will be allocated to it.
The Ministry will then notify the designated employer by recommending candidates selected from the list of job seekers, for consideration for employment at the designated employer.
If the designated employer wishes not to appoint one of the candidates recommended by the Ministry, then the designated employer must explain why not, and can only do so if the evaluation pertaining to capability and competency was performed by psychometric evaluation, conducted by person so registered in Namibia in terms of the Social Work and Psychology Act, 2004.
Thus, Human Resources Managers who are not registered (and qualified as such) will in future not be able to select and recruit candidates, safe to just accept a candidate recommended by the Ministry.
This piece of legislation appears to elements of a socialist employment system to supersede all recruitment services in Namibia, as far as designated employers are concerned.
The practicality will be done through a National Employment Service created in terms of the Employment Service Bill. However, the purpose of the Bill is noble and aims to achieving full, productive and decent employment in Namibia through a national professional labour market service.
The Employment Service will consist of a Board and of a Bureau.
The Board
The Board will report annually to the Minister upon which the Minister must lay the report before parliament within 30 days after receipt thereof and the Board will advise and interact with the Minister of Labour and Social Welfare.
The Bureau
The Bureau will inter alia:
1. register job seekers;
2. register vacant positions in private and public service
assist job seeker to find employment and to recommend suitably qualified job seekers to employers
3. provide vocational guidance;
4. regulate psychometric tests for selection and recruitment in terms of the Social Work and Psychology Act, Act 6 of 2004 Public Service
5. keep a list of non-Namibian citizens employed within Namibia
6. register private employment agencies and regulate their work.
Designated employers
The provisions of the Employment Service Act will be applicable to designated employers and private employment agencies. The restrictions placed on private employment agencies will by implication not be applicable to the employment agency that will be known as the National Employment Service Bureau.
If a designated employer places a job advertisement, the Bureau must be notified thereof not later than the date of the advertisement.
A designated employer will be prohibited from employing any person through a private employment agency if the designated employer has:
1. An outstanding compliance order issued by a labour inspector; or
2. Not a certificate of good standing with the Social Security Commission; or
3. Not a certificate of compliance with the Affirmative Action (Employment) Act.
Recruitment
No position may be filled temporary or otherwise by a designated employer if the vacancy has not been reported to the Bureau.
Employment Officers
Employment Officers will be appointed to enforce compliance with this Act. Their powers include powers to enter and inspect any p[lace of employment and they may exercise powers equal to powers given to labour inspectors in terms of section 125 of the Labour Act, which include power to search premises as if they are police officers, however, they must comply with the Criminal Procedure Act.
The employment officer may without notice and at any reasonable time during the day enter the premises of the employer and conduct a search. The only protection of the rights of employers is that it must be at a reasonable time, hopefully they will be trained on the meaning of reasonableness, and that a search must be in line with chapter 2 of the Criminal Procedure Act, 1977.
Promulgation
The Act will only come into operation when the Board has been appointed and the Board advised the Minister on what would be the meaning of a “designated employer”.
In my opinion, so many things need to happen and take place before any impact on the employment market, that it may very well be a “never to be implemented” piece of legislation filed right next to the Tobacco Control Act. We’ll see…
