Farmers face closer labour compliance checks

Labour ministry inspectors are stepping up visits to farms across Namibia to ensure employers comply with the minimum wage for farmworkers.

The increased inspections have prompted farmers to seek clarity on inspectors’ powers and employers’ rights under the Labour Act.

The Agricultural Employers' Association (AEA) recently met with Khomas Inspector Control Officer Martha Nghipundjiva following concerns raised by some farmers about the conduct of labour inspectors during inspections.

The Namibia Agricultural Union (NAU) stressed that labour inspectors are legally entitled to enter workplaces, including farms, without prior notice.

The union explained that the law allows for surprise inspections to prevent employers from altering employment records or concealing evidence before officials arrive. Inspectors are, however, required to identify themselves when they arrive and are expected to carry out their duties professionally, impartially and in accordance with their official code of conduct.

NAU said where inspectors find that an employer is not complying with the prescribed minimum wage, they may issue a warning order requiring the employer to rectify the non-compliance retrospectively within one month.

Once that period has expired, inspectors may request documentary proof, such as an updated payroll, or return to the farm to verify that the necessary corrections have been made.

The union also reminded employers that labour inspectors do not have the authority to instruct farmers to pay outstanding wages to the labour office for distribution to workers. Any arrear payments remain the responsibility of the employer to pay directly to affected employees.

Pay rules

Current regulations require farmworkers to receive a minimum cash wage of N$14.00 per hour together with one of three approved in-kind benefits.

Employers may choose to provide workers with access to livestock keeping and land cultivation, free rations or food or a monthly ration allowance of N$650 as part of the remuneration package.

The regulations apply not only to workers on commercial farms, but also to employees on hunting farms, guest farms and lodges situated on agricultural land. Domestic workers and gardeners employed on agricultural properties are also regarded as farmworkers for the minimum wage regulations contained in Regulation 8369 of 21 May 2024.

Farmers who are uncertain about the application of the regulations or who believe labour inspectors are making unreasonable demands should seek advice from the association's committee members or its office before taking further action.