Exemption Provisions
Exemption from Understudy Provisions
Preferential Treatment of Designated Groups
In filling positions of employment a relevant employer shall give preferential treatment to suitably qualified persons of designated groups.
Where two or more suitably qualified candidates from designated groups qualify for a position of employment, the employer shall give priority:
- (a)to a candidate who is a Namibian citizen; or
- (b)if all such candidates are Namibian citizens, to the candidate who belongs to more than one designated group.
Subject to subsection (4), a relevant employer shall, with due regard to the purposes of this Act, train a Namibian citizen as the understudy of every non-Namibian citizen employed by him or her or it.
The Minister may, upon application in writing by a relevant employer referred to in subsection (3), and after consultation with the Minister of Higher Education, Vocational Training, Science and Technology and the Labour Commissioner, exempt such employer from compliance with the understudy provisions.
Application Procedure
Once a relevant employer, who employs a non-Namibian employee, is unable to appoint a Namibian understudy, such a relevant employer must do as follows:
Apply for Exemption
Apply for exemption from complying with such understudy provisions to the Minister of Labour, Industrial Relations and Employment Creation (See appended templates).
Timeline Requirement
Such an application shall be made within a period of 90 days from the date of appointment of a non-Namibian employee.
Extension Request
Where such a relevant employer is unable to submit such exemption application to the Minister within a period of 90 days, such a relevant employer shall submit an application to the Employment Equity Commission for the extension of such a period.
Follow Up
Make regular enquiries on the status of such exemption application/s.
Report Outcome
Furnish the Employment Equity Commission with the outcome of such an exemption as soon as the employer receives it.
Comply with Conditions
Comply with the conditions attached to the exemption from compliance with the understudy provisions.