GOVERNMEI{T GAZHTTtr
OF THE
REPUBLIC OF NAMIBIA
l'l$4.00
WINDHOEK - 10 September 2012
No.503l
CONTENTS
Page
GO\ERNT4ENT NOTTCE
No -
229
Extension of collective agreement relating to Security Industry: Labour Act, 2007
1
Government Notice
MINISTRY OF LABOUR AND SOCIAL\\'ELFARE
No.229
2012
EXTENSION OF' COLLECTTVE AGREEMENT RELATING TO
SECLTRTTY hIDUSTRY: LABOUR ACT, 2007
In terms of section 71(5) of the LabourAct,2O0T (Act No. 11 of 2007), and at the request of rhe
Security Association of Namibia (SAN), Namibia Transporr and Allied \\/orkers Union (NATAU),
Namibia Security Guards and Watchmen's Union OIASGWU) and Namibia Independent Securiry
Union (NISU),I extend the collective agreement for a minimum wa-qe on entry level for the Security
Industry, which is set out in the Schedule, to all employers and employees not presently parties to the
agreement and who are in the securily iirriustry.
I. NGTITJIZF]r*O
I\{INISTER OIr LABOUR AhD SOCIAL \I/ELFARE
Windhoek, 23 August 20i2
Governmenl Gazette 10 Septemb er 2012
s03
1
SCHEDULE
COLLECTTVE AGREEMENT FOR A MINIMUM WAGE
ON
ENTR.Y LEVEL FOR- THE SECURTTY INDUSTRY
]\{ADE AND ENTERED INTO BY AND BETWEEN
THE SECURTTY ASSOCIATION OF I.{AMIBIA
P.O.
Box 50696, Bachbrecht, Windhoek, Tel: 061-229828, Fax: 061-230612
33 General Murtala Ramat Muhammed Street. Windhoek
AND
NAMIBIA TRANSPORT AND ALLIED WORKERS UNION
P. 0.
Box 7516, Katutura, Te1: 067-217244,Fax: 067-2637 67
Erf 8605 Mungunda Street, Kafutura
AND
NAMIBIA SECURTTY GUARDS ANID WATCHMEN'S UNION
P. 0.
Box 22679,Windhoek,
Te1: 061-303803, Fax: 061-2tZB28
Erf 3930 Verben Street, Khomasdal
AND
NA-N{IBIA INDEPENDENT SECURTTY UNION
P.O Box 23747, Windhoek, Tel,Fax: 061-220607
20L2
PREA]\[BLE
The Security Association of Namibia
And
Namibia Transport and Allied \Yorkers Union
And
Namibia Security Guards and Watchmen's Union
And
Namibia Independent Security Union
Being the Parties to this Coliective Agreement.
Desiring to maintain labour peace in the security industry;
Reaiizing the need to curb and prevent exploitation of security officers; and Having welcomed the
principle of determining a minimum wage on entry level of securify offlcers: Now therefore the
Parties agree as follows:
503
Government Gazette 10 September 2012
1
ARTICLE
1
DEFINITIONS
For the purpose of this agreement the term "security Officers (Employee)" has the same meaning
as defined in the Security Legislation (Security Enterprises and Security OfficersAct,ActNo. 19 of
1998).
"Securiry Enterprise (Employer)" has the same meaning as defined
(Security Enterprise and Security Officers Act, Acr No. 19 of 199g).
in the Security Legislation
"Entry Level" means the lowest level of remuneration of Security offlcers.
"Remuneration" means the total hourly rate as agreed upon.
ARTICLE 2
RECOGNITION AS EXCLUSTVE BARGAIMNG AGENT
For the purpose of this Agreement; the Parties recognise the Namibia Security Labour Forum, the;r
bargaining forum, for minimum wage negotiation on entry level.
ARTICLE 3
PURPOSE OF MINI]WLM WAGE DETERMINATION
The purposes of this collective agreernent for a minimum wage on entry level are:
3.1
To improve the living standard of security officers;
3.2
To reduce poverty;
3.3
To maintain social peace; and
3.4
To curb and prevent exploitation of employees
ARTICLE 4
CRTTERIA FOR DETtrRMII{ING h{INI}flNV{ WAGES ON ENTRY LEVEL
The critena to be used for a minimum wage determination on entry level should
be, but not iimited
to:
4.1
The need of employees and their dependants;
4.2
The capacity of the empJoyer to pay;
4.3
The level of wages in the country as a whoie;
4.4
Existing social security benefits; and
4
'5
Economic factors , including the requiremerts of the economic development.
Government Gazette 10 September 2012
503
1
ARTICLE 5
COVERAGE OF MINIMUM WAGES ON ENTRY LEVEL
5.i
The agreed minimum wage determines the wage for the enrry 1evel of security officers in the
whoie of Namibia
5.7
Specif,c categories of security enterprises may be exempted temporanly from the whole
agreement, or par-ts thereof, in accordance with the critena to be determined by the Forurn;
and
5.3
A11 Parties to the Agreement must agree upon any exemprion.
ARTICLE 6
MINIMUM WAGE DETERN,TNATION MACHINERY
Minimum wage determinations in the security industry are to be done through:
6.1
Collective agreements;
6.2
Collective bargaining using the Namibia Securiry Labour Forum
6.3
Collective agreements are to be gazetted in terms of relevant applicable labour legislation.
as
platform; and
ARTICLE 7
ADJUSTME}.{T OF MINIMTIN{ WAGES
Adjustments of the minimum wage
as established
in the Security Industry must be:
7.1
Collectively negotiated by all Parties to the Agreement to be revised after tu,o years of
implementation;
.2
The agreed criteria for determining a minimum wage in the Security Industry, as contained in
Article 4 of this agreement, should be used when establishing an adjustn-ient of the minimum
wage on entry level;
1
'/.3
Indicators and factors such as, but not limited to the current Consumer Price Index (CPD,
inflation rate, economic growth rate, claims and the prevailing envjronmental conditions
(drought, floods, bush-fires) should guide the Partres in the adjusting the minimum wage.
The Forum should use an open door policy in considering all aspects; and
1
.4
The Parties agree that the first priority should alu,ays be to ensure Lhe continuity and ability
of the security industry to operate as a corlrnercial entity in order to enable it in fu1fl11ing its
obligations.
1
.5
The Parties agreed that the second priority should always ensure the continuity creation of
decent u,ork in the security sector.
503 I
Governmenr Gazefte
l0
ARTICLE
September ?012
8
ENFORCEMENT
OF THE A{INTMUM
VIAGE
The minimum wage
in the Security Industry
is to be impremented
'ilPrtrIrlented and enforced through:
8.1 pubiic
educatj and informadon
of the Paii-ei'lon
8.2
dissemination by
the panies to
members and nonmember.s
Inspecdons of the
s
enlerprises an
provlded for in
the .,"t'n''
:levanr iaboui r"girir;:n'rleir wage registers by Labour rnspecrors
8.3
Ensuring compliance
with relevant Iegal
provisions;
Imposing of penalties
for non_compliance
with the minimum
wage; and
8.4
8.5
Protection of securiry
officers against victimizatron
and unfair rreatment.
ARTICLE
9.1
9
MINNVruM WAGE
FOR ENTERY
LE\ELS OF SECURITY
OFFICERS
The
minimur
per hour ,' niJ;fi;Hffi'"X'X"evel or.securiry ornce
regarded as a
X:?Tff ;3
nor comprerinc ,
during ,u"n hift
win
,n,r,. *ri,],,,ll,.,,r.oror.,
Lr Donus payable
for such shifr. ".
The Employers shall
provide ail employees
with uniforms on rhe
forowing ba,cis:
9 '2'1 The
emproyer sha, rerain
from the empl0yee
N$300.00 as deposit
for rhe uniform;
9.2.2 The employer shallrefund
rl
--*"*
'rje N$300'00 deposit [o rhe employee
emproyee's
;;"'''""'Y 'h'ft;;;;' ;;q;,;#;:::"'T:
,i*'] :iiif"rf;;;;"r#: "
fll
9
'2
,,ifffii:Iof
9.2.3
service and upon
the emprovee's rerurn
of rhe
at the time of the
fu,
set of uniform ro
Should
his unirorm
ruir
then he/she u,lr
,r" uniform pieces ,o],::.-r."0
be herd
1
;:',1;fr,:hi:J;l?i:::::,return
read ro i;;,,
r.;rr..
,o..,r,n
,n,
rh'
,o ,.turcli"":.:u,
j in ful ,h. N;;300
::r. appiy to emptoyers lii,.ur," ruit,
ffii,:::::
ueposlt on uniform
. 4
e
/._.+
Ine employer at his
-follorvs:
upon relurn of the
experrse
.--'Her,>E shall
s'arr exchange the
I
uniform
full
set;
of each empJoyee
luo'or trousers ,,eart1'
f::
(c) o::,):::':ro'se vea.rv;
i;l
(d)
(e)
"iil'il!.|'"llnufenapplicabre
rn;;,;..?"'#r"..,::.llrvhen.appricabre;
(-e)
13i". y"u.ry *i,Jo'iipri.uur";
^ Jersey
A
({)
9.2.5
;"*,;;;'JL:H:::;fr,:jt1:'pp,icab,e;
The employee shall
--*-vYU1
cover tlre
t,rc1Li,1
full coslof shoesb.otsancrnon-brandeditemssuchas
jacketsetci
,.:.\) a
Olr
unrfbrm item stays
the properry of.rhe
Company.
as
as
Governmen
t Gazette 0 Septemb er 20 12
503
1
ARTICLE
1
10
GENERAL PROVISION
10'1
This agreement shall cover the penod of two yea-rs corunencing from
the date as gazetted
in the Government Gazette. This agreement will remain in force until
a new agreement is
reached.
10
'Z
10'3
l0
'4
Any dispute must be settled through conciliation or arbitration.
as provided for by relevanr Namibian legislation;
as the parties may agree and
It is agreed by the Parties that their respective
addresses herein before set out shall be the
address to which all notices or other documents may be sent
in relation to those present;
Any notice communication required or permitted to be given in terms of this
agreement shall
if in written but it shall be competenr ro give notice by facsimile.
be valid and effective only
ON BEHALF OF SECIIRITYASSOCIATION OF NAMIBIA
D.KANNEMEYER
Windhoek,3August 2012
ON BEHALF OF NAMIBIA TRANSPORT AND ALLIED \ryORKER.S
UNION
J.N.
KWEDI{I
Windhoek,
3
August 2012
ON BEHALF OF NAMIBIA INIDEPENDENT SECURTTY UMON
S.
KANDONDO
Windhoek,
3
August 2012
ON BEHALF OF TTTE NAMIBIA SECURTTY GUAP.DS AND WATCHNfEN'S
UI{ION
F.
DAVID
Windhoek.3 Ausust 2012
ON BEHALF OF THE N{IMSTRY OF LABOUR AND SOCIAL \YELFARE
B.M.
SHINGUADJA
Windhoek,3 August 2012