13 Apr 2014

Farm workers, or employees in the agricultural sector, are entitled to 24 hours rest in every period of seven consecutive days - which is four days per month, the Minister of Labour and Home Affairs, Mr Edwin Batshu, has said.

Mr Batshu was responding to a question in Parliament on April 11 from Okavango MP, Mr Bagalatia Arone, during minister’s question time.

Employees in this category, Mr Batshu said were also entitled to 1.5 days of paid leave per month. This, he said translated to 18 days per year, adding that “after the first 12 months, an employee should take 10 days leave not later than three months immediately after the end of that 12 months period whereas other categories were eight days within six months.”

However, he said Section 95 of the Employment Act which related to hours of work did not apply to agricultural sector, which “means that employees in this category do not have fixed hours of work thus are not entitled to overtime.”

The notice period of employees in this category, Labour and Home Affairs Minister said was equal to pay period - which is normally a month, whilst their probation period was three month for both unskilled labour and skilled labour.

Furthermore, the severance benefit of these employees, Mr Batshu said was payable to the employees upon termination or completion of five of continuous employment. Regarding the maternity leave, he said female employees were entitled to six weeks before and six weeks after confinement.

During maternity leave, he said female employees in the agricultural sector should be paid maternity allowance, which he said was 50 per cent of their basic pay and other benefits that they were entitled to receive.

Their nursing period, Mr Batshu said was one hour per day for six months, adding that the one hour could be taken at once or half an hour two a day. In terms of Section 31 of the Employment Act, he said employees in the agricultural sector were also entitled to insurance, as workers compensation. In addition, employers in this sector, he said were not required to keep records, books, or accounts in respect of their employees

However, Mr Batshu explained that these provisions of the law “are minimum. Parties to the contract of employment are at liberty to negotiate or agree on more favourable terms and conditions of employment.” ENDS