The following information is summarised from the Labour Act No. 11, 2007 of the Republic of Namibia.
Ordinary Hours
Conventional Employees
45 hours in any week, and in any case, not more than –
- 9 hours on any day, if the employee works for five days or fewer in a week; or
- 8 hours on any day, if the employee works for more than five days in a week.
Security Officer & Emergency Healthcare Workers
60 hours in any week, and in any case, not more than –
- 12 hours on any day, if the employee works for five days or fewer in a week; or
- 10 hours on any day, if the employee works for more than five days a week.
Overtime
Agreement
An employer must not require an employee to work overtime except in accordance with an agreement. Such an agreement must not require an employee to work more than –
- 10 hours overtime a week; or
- 3 hours overtime a day.
Remuneration
An employer must pay an employee for each hour of overtime worked at a rate of at least –
- 1.5% (one and one-half times) the employee’s hourly basic wage.
When an employee who ordinarily works on a Sunday or public holiday, works overtime on a Sunday or public holiday the employer must pay the employee at a rate of at least –
- 2% (double) the employee’s hourly basic wage.
Meal intervals (lunch)
Conventional Employees
An employer must give an employee who works continuously for more than five hours a meal interval of at least 1 hour.
An employer must not require an employee to work during a meal interval.
A driver of a motor vehicle who does no work other than remaining in charge of the vehicle or its load during a meal interval is deemed not to be working during the interval.
Adjustments
Employers and employees can agree to adjust the duration of meal intervals but must first give written notice to the Permanent Secretary of that agreement.
Night Work
Conventional Employees
An employee is entitled to an additional payment of six percent of the emplouee’s hourly basic wage, excluding overtime, for each hour of work performed by that employee between the hours of 20h00 and 07h00.
Pregnant Employees
An employer may not require or permit a pregnant employee to perform any work, including overtime work, between the hours of 20h00 and 07h00, during the period –
- eight weeks before her expected date of confinement; or
- eight weeks after her confinement.
Work on Sundays
Conventional Employee
An employer must pay an employee who works on Sunday double (2x) that employee’s hourly basic wage for each hour worked.
An employer may pay an employee who works on Sunday, one and a half (1.5x) of that employee’s hourly basic wage for each hour worked, if –
- the employer grants that employee an equal period of time away from work during the next working week; and
- that employee agrees.
Employees who ordinarily work on Sundays
In a case of an employee who ordinarily works on Sunday, the employer must pay the employee’s daily remuneration plus the hourly basic wage for each hour worked.
If the majority of the hours worked on a shit that extends into or begins on a Sunday falls on –
- the Sunday, all the hours on that shift are deemed to have been worked on Sunday; or
- the Saturday or Monday, all the hours on that shift are deemed to have been worked on that Saturday or Monday.
Public holidays
Ordinary employee
An employer may apply in writing to the Permanent Secretary to approve work on a public holiday if the employees affected by the application agree.
If a public holiday falls on a day on which an employee would ordinarily work, the employer must either pay –
- an employee who does not work on the public holiday, no less than that employee’s daily remuneration. (does not apply to employees who failed to work the day immediately before or after that public holiday without a valid reason) or;
- an employee who works on the public holiday, that employee’s normal daily remuneration plus that employee’s hourly basic wage for each hour worked.
If an employee works on a public holiday that falls on a day other than the employee’s ordinary work day, the employer must pay double that employee’s hourly basic wage for each hour worked.