Labour Ministry says vaccination against Covid-19 remains voluntary

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The Ministry of Labour, Industrial Relations and Employment Creation has reiterated that vaccination against Covid-19 meant to reduce the risk of infection remains voluntary.

Government has not yet introduced a mandatory vaccination, a media statement issued on Wednesday by the ministry’s Acting Executive Director Lydia Indombo said.

The ministry has been receiving inquiries from the general public, employers and employees, whether a policy of mandatory vaccinations may or should be implemented in business enterprises.

Indombo said the ministry so far received four labour-related complaints that emerged from employers introducing mandatory vaccination at their workplaces, whereas the Labour Commissioner received 10 labour cases. One case referred to the Labour Commissioner was later withdrawn after it was resolved through conciliation and the complainants reinstated.

“Government has pronounced that vaccination against Covid-19 is done on a voluntary basis. Government’s position remains the same to date. Therefore, this ministry does not at this juncture advise employers to introduce mandatory vaccinations at workplaces, but advises on the labour aspects of addressing Covid-19 at the workplace that are consistent with the current Government position. Sections 39 and 40 (1) of the Labour Act 11 of 2007 require an employer to provide a workplace that is without risk to the health of employees or to third parties,” said Indombo.

She added that some employers rely on the provisions as authorising the introduction of mandatory vaccinations at workplaces. However, such obligation must be implemented in a manner that balances the employer’s statutory duty with other obligations under the Labour Act and with the rights and duties of employees. Thus the ministry advises employers to rather educate and encourage their employees on the importance of vaccines and to allow employees to make voluntary decisions.

“Extra care is needed when employers consider a policy of mandatory vaccinations. They should not introduce such a policy unilaterally nor rely on sections 39 and 40 (1) in isolation and without reference to the full ambit and context of the Labour Act, Act 11 of 2007, company policies, and the contract of employment,” stated Indombo.

The ministry’s statement comes after several companies have been reported to have introduced mandatory vaccination of employees, with the National Petroleum Corporation of Namibia and Letshego Namibia being among them.

Source: The Namibian Press Agency