State intern doctors win overtime battle

In a landmark ruling, the Office of the Labour Commissioner yesterday found that government medical intern doctors working for the state are entitled to overtime payment for work, as per the country’s Labour Act.Over 100 intern doctors, represented by Henry Shimutwikeni & Co Inc, dragged their employer to the labour court to demand that they be paid overtime.Opposing the demand, the state argued that, technically, it does not have employment contracts with the interns and thus is not obliged to make such payment.In a letter to government attorney Matti Asino yesterday following the judgment, Shimutwikeni explained that his clients are entitled to overtime payment for all hours worked more than the working hours prescribed by the Labour Act. According to earlier submissions, the interns complained that they were made to work more than the 40 hours a week stipulated as part of their internship agreement. The interns, who were on the frontlines of the devastating Covid-19 pandemic, also demanded to be provided with medical aid. “Should the government not pay the medical interns overtime as per the ruling and as any employee of the government is entitled to, we shall, if instructed, institute claims against government - which at this stage appear to possibly run into millions of Namibian dollars.” No relationshipThe health ministry insisted that there is no employer-employee relationship between it and the medical interns, who claim they are economically dependent on the ministry – which pays them a fixed basic allowance and provides them with medical equipment to carry out their duties. The ministry also pointed out that the interns are required by law to carry out two years of internship to be eligible for professional registration; however, it added that such arrangement does not constitute an employer-employee relationship. In the ruling, arbitrator Immanuel Heita said – based on the agreements between the two parties - it is clear that during the two-year training, the interns are required to work 40 hours per week, and are entitled to an annual allowance of N$328 148 and two days of leave. Heita also referred to the Labour Amendment Act of 2012 that states that a person who forms an integral part of the organisation is presumed an employee of the said organisation, as are individuals who are provided with tools and equipment to carry out their work. “A person is regarded an employee regardless of the contract between them, as long as one of those factors is present in the relationship. I am at pains to point out that the respondent [government] has failed to provide satisfactory evidence as to why the applicants should not be presumed to be employees.”He added: “The ministry of health and social services and the prime minister of Namibia’s challenge on the preliminary issue was dismissed. The matter will proceed to the arbitration stage, with the date to be communicated to the parties”. Health minister Dr Kalumbi Shangula yesterday said he was not aware of the matter, saying this is typically dealt with by the ministry’s human resources department.jemima@namibiansun.com

State intern doctors win overtime battle

Comments

Namibian Sun 2025-06-18

Please login to leave a comment

State intern doctors win overtime battle

Comments

Namibian Sun 2025-06-18

Please login to leave a comment

Login