In Namibia, the issue of labour hire remains a controversy among the government, unions and labour brokering companies. The ILO categorizes two forms of subcontracting, namely job contracting (where a subcontractor supplies goods or services) and labour-only contracting (the sub-contractor supplies labour only). Most of Namibia’s labour hire companies fall into the second category as they merely supply labour to their clients.[1][2]
Historically it was reinforced by Pass Laws, with Indigenous people concentrated by the government in Bantustans not allowed outside those reserves unless they had signed fixed labor contracts with labor brokers.[3]
The workers, known as contractors, field employees, temps, on-hired employees or even just employees, are employed by the labour hire organisation. They are not employed by the company to whom they provide labour. This is an important distinction for the purposes of Occupational Healthy and Safety (OH&S) purposes, in particular who has legislative responsibility for ensuring a safe working environment. This has been tested in court Labour hire when the Africa Labour Services (ALS) lodged an application with the court challenging the amendment of the Labour Act 11 of 2007 by the government that prohibited the hiring out and employing of casual workers in Namibia. According to the heads of argument of the applicants, the provisions of section 128 demands that the user enterprises, among others, to offer labour hire employees the same benefits as their own employees. The arguments a mostly centered between the high unemployment rate in Namibia and the worker's rights, where the government describe labour hire practice as a form of exploitation to the workers much more like during the colonial era.[4][5]
^"Namibia's Labour Hire Debate in Perspective" (PDF). Fesnam.org. Retrieved 2012-10-09.[permanent dead link]
^Botes, Anri (2013). "The History of Labour Hire in Namibia: A Lesson for South Africa". Potchefstroom Electronic Law Journal.
^Kooy, Marcelle (1973). "The Contract Labour System and the Ovambo Crisis of 1971 in South West Africa". African Studies Review. 16 (1): 83–105. doi:10.2307/523735. ISSN 0002-0206.
^"Labour hire fight rages on". the Namibian. Archived from the original on 2013-02-21. Retrieved 2012-10-09.
^WINDHOEK - FRED GOEIEMAN. "Labour hire case postponed to September". Namibian Sun. Archived from the original on 2016-03-04. Retrieved 2012-10-09.
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