Security guard minimum wage in chaosMinistry, employers disagree about gazetting A minimum wage for security guards that was agreed in December still has not been gazetted, with the labour ministry and the Security Association of Namibia blaming each other for the delay.
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The Ministry of Labour has placed the blame for a delay in the gazetting of the new security guard minimum wage at the door of the three unions and the Security Association of Namibia (SAN) who negotiated the 25% increase during last-minute negotiations that averted a holiday strike in December.
But SAN yesterday fired back, arguing that they had warned the ministry and the unions that security companies would resist paying the new minimum wage before it was gazetted, and that would lead to unfair competition and possible job losses in the industry.
“SAN pertinently requested the permanent secretary and the unions that SAN and all the other security companies can only start paying the new wages once the agreement is gazetted, as we knew that this would be the reaction from non-SAN members. However, the unions under the facilitation of the permanent secretary did not want to agree and again, the playing field remains unequal,” Dries Kannemeyer, president of SAN, said this week.
He said during the initial negotiation stages, SAN also warned that the increase was unaffordable to many, including clients of security services, and that they had warned the labour ministry as well as the unions that a steep hike in the minimum wage could backfire.
“A survey that was done during the negotiations showed that the industry cannot afford such an increase, but nothing of this feedback was taken into consideration by labour or the unions. Any decrease in security manpower should be laid before labour and the union's doors,” he said.
Kannemeyer added that several SAN members had threatened to resign from SAN in the past two months because of the uneven playing field that was created over the issue of compliance with the new minimum wage.
SAN members have been forced to implement them, while non-SAN members are not legally bound to do so until the new wage is gazetted.
Last week, ministry of labour permanent secretary Bro-Matthew Shinguadja told Namibian Sun that the chaos around the new minimum wage was due to a misunderstanding on the part of the three unions and SAN.
“There are security companies that are not members of SAN. They are not bound by that agreement until it is extended by the Minister,” Shinguadja confirmed.
He told members of SAN and the unions that it was inexplicable how the “confusion” arose, because the legal process for gazetting new wages had been in place for decades.
Shinguadja said in order for the collective agreement reached between the Namibia Transport and Allied Workers Union (Natau), the Namibia Security Guards and Watchmen's Union (NASGWU), the Namibia Independent Security Union (Nisu) and SAN to be gazetted, the four parties should have begun the process for gazetting soon after the agreement was signed, but didn't.
Shinguadja said the ministry only received a letter on 2 March in which the unions and SAN asked that the minister extend the agreement to the entire sector, including non-SAN members.
Shinguadja said he could not explain why the unions and SAN had delayed starting the process until March, when the agreement was signed in December.
“They have been around in this industry. They know the process. The negligence is on their side,” he insisted.
SAN's Kannemeyer, however, argued that Shinguadja's statements were unexpected.
“We don't know where this comes from. All previous agreements between the parties under the facilitation of labour [ministry ]were prepared by them and sent through for gazetting. Now all of a sudden we have to apply to the ministry that the agreement is gazetted.”
Shinguadja said the December negotiations eventually led to a private agreement between SAN and the unions after negotiations at the labour ministry reached deadlock.
As such, the parties were obligated to send a letter to the ministry, asking the minister to extend the agreement to the entire sector by gazette, he explained.
This process would take months, as a 30-day block of time must be set aside for objections and other procedures, he explained.
He said SAN and the unions had made a mistake. “They thought when they agreed, automatically the minister would extend the agreement to the entire sector.”
Several attempts to obtain comment from Natau and Nisu failed this week.
NASGWU secretary-general Andreas Hausiku confirmed that the unions and SAN met at the beginning of March and “agreed to apply to extend the minimum wage agreement to non-party members”.
He did not comment on the delay of these actions.
JANA-MARI SMITH