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Written Agreements

The Labour Act of Namibia does not specifically require the provision of a written employment contract to employees.

However, upon the termination of employment, an employer must give an employee a certificate of service stating the following:

• The employee’s full name
• The name and address of the employer
• A description of the industry in which the employer is engaged
• The date of commencement and date of termination of employment
• The employee’s job description
• The remuneration at the date of termination, and
• If the employee requests it, the reason for termination of employment.

Oral Agreements

In Namibia, the labor code does not require the provision of a written employment contract to employees. However, it offers no guidelines on the use of oral contracts.

Implied Agreements

Namibia's labor law does not provide any guidelines on implied contracts. Namibian law recognizes and enforces contracts that are express or implied. When terms are missing from a contract or there is no contract at all, the court can examine the conduct of the parties to determine whether an agreement exists. If parties behave in such a way that an employment relationship would be understood, the court will find that an employment contract exists.

Namibia's Labour Act stipulates that an employer must not require or permit an employee to work more than 45 hours per week, 9 hours per day (for those who work 5 days a week), or 8 hours per day (for those who work for more than 5 days a week). The maximum number of hours a child above 10 can work is 4 hours a day.

The ordinary working hours of an employee whose duties include serving members of the public may be extended up to 15 minutes a day, but not more than a total of 60 minutes in a week.

In the case of employees working in emergency healthcare services and security officers, however, the workweek cannot exceed 60 hours, 12 hours per day (for employees working for 5 days a week), or 10 hours per day (for employees working for more than 5 days a week).

New Year’s Day (January 1), Good Friday (date may vary), Easter Monday (date may vary), Independence Day (March 21), Workers Day (May 1), Cassinga Day (May 4), Ascension Day (date may vary), Africa Day (May 25), Heroes Day (August 26), International Human Rights Day (December 10), Christmas Day (December 25), Family Day (December 26).

Namibia's Labour Act does not contain provisions addressing the use of probationary periods. The International Labour Organization has identified it as a country in which no limits are placed on the duration of probationary periods.

Notice Period

Per Namibian labor law, if a contract of employment is terminated with notice, the period of notice must not be less than:

• 1 day, if employed for 4 weeks or less
• 1 week, if employed for more than 4 weeks but less than 1 year
• 1 month, if employed for more than 1 year

Notice of termination must be given in writing, stating the reasons for termination, whether the termination is by the employer, and the date on which the notice is given.

Severance Benefits

Namibia's Labour Act provides severance benefits to employees who have completed 12 months of continuous service, and:

• Are dismissed by their employer, or
• Die while employed, or
• Resign or retire upon reaching the age of 65 years.

The employee is not eligible for a severance package if they are dismissed fairly on the grounds of misconduct or poor work performance.

The severance pay must be equal to at least 1 week's pay for each year of continuous service with the same employer.

Minimum Wage

Namibia introduced a national minimum wage of NAD 18.00 (Namibian dollars) per hour for all workers beginning January 1, 2024. Domestic and agricultural workers will receive a gradual wage increase until they reach NAD 18.00 in 2027.

The national minimum wage must be a term in employment contracts except where the contract, collective agreement, or law provides a more favorable salary. Employers may not deduct payments or contributions from an employee's remuneration for food, clothing, housing, or other similar expenses.

The construction sector minimum wages depend on the employee's category and whether the worker is semi-skilled or an artisan. Effective March 2024, the construction sector minimum wage ranges from NAD 18.72 (Namibian dollars) per hour (increasing to NAD 19.46 in 2025) for laborers to NAD 140.91 per hour (increasing to NAD 146.55 in 2025) for security guards (per 12-hour shift).

Namibia's Labour Act requires employers to pay employees directly through case or deposit no later than an hour after completing work on the normal payday, which may be daily, weekly, fortnightly, or monthly, and on the same day a contract is terminated. When an employment contract is terminated, the employer must pay the employee on the day the contract is terminated.

Overtime, Holiday & Vacation Pay

Per Namibia's labor law, an employer must not require or permit an employee to work overtime except when such overtime is agreed to in an employment agreement. Such an agreement must not require an employee to work more than 10 hours of overtime a week or more than 3 hours of overtime a day. Namibia's Labour Act provides an exception to these overtime limits if the work is "urgent."

An employer must pay an employee for each hour of overtime at a rate of at least 1.5 times the employee's basic hourly wage. However, when an employee who ordinarily works on a Sunday or public holiday works overtime on that Sunday or public holiday, the employer must pay that employee at a rate of at least double the employee's basic hourly wage. Employees are entitled to their regular compensation while on annual leave.

Visas

• Holiday or tourist visa - This visa is issued to tourists with a handling fee of NAD 600. The processing time is usually 7-10 working days.
• Work visa - This visa is issued to professionals who come to work in Namibia for a short duration of 0-3 months or 3-9 months. It requires a letter from the employer explaining why a Namibian cannot be hired for the job, proof of educational qualifications, a police clearance certificate, and medical/radiological certificates. In addition to the handling fee, there is a success fee of NAD 1,100 for a visa valid for 0-3 months and NAD 800 for a visa valid for 3-9 months. The processing time is usually 7-10 working days.
• Student visa - This visa is issued to persons who travel to Namibia to study for 0-3 months or 3-9 months. It requires proof of acceptance registration with an institution recognized by the Namibian Qualification Authority (NQA), a police clearance certificate from the country of origin, medical and radiological certificates/reports, a deed of surety, a confirmed return ticket, and proof of accommodation. In addition to the handling fee, there is a success fee of NAD 1,600 for a visa valid for 0-3 months and NAD 2,200 for a visa valid for 3-9 months. The processing time is usually 7-10 working days.
• Digital Nomad Visa-- This visa is for foreign persons wishing to work remotely in Namibia while being employed by a foreign employer for up to 6 months. To qualify for this visa, the applicant must show an income of at least USD 2,000 per month. Persons wishing to acquire this visa must have travel insurance and pay a visa fee of USD 62 in addition to providing documentation of adequate funding.

Work Permits

In Namibia, an employment permit is granted for a duration of 12 months. The processing fee is NAD 2,000 (Namibian dollars), and the non-refundable handling fee is NAD 80. The following documents are to be submitted:

• Completed temporary work permit form number 0/2742(2)
• Completed visa application form number 3-10033
• Completed medical report form number 3-1/0003
• Completed radiological report form number 3-1/0004
• Completed deed of surety form number 3-1/0005 signed by the bank or employer
• Copy of passport (personal data page)
• 2 passport photos
• Police clearance certificate from the country of origin and last country of residence for the past 6 months
• Copy of marriage certificate if married to a Namibian citizen and proof of citizenship
• Registration with Namibia Professional Board/ Council or Association, if required by the profession
• Employment offer (completion of employer’s representation form)
• Company profile
• Proof of advertisement of the vacancy in a local newspaper to be submitted by the employer
• Proof of Social Security Commission registration and a printed list of registered employees
• CVs of unsuccessful Namibia candidates or their full names, highest qualifications, and contact details

For the renewal of the work permit for the next 12 months, the following documents must be submitted:

• Completed application for renewal of employment permit form
• Application for re-entry visa form
• A motivation letter from the employer
• Company profile/audited financial statements/Social Security registration of employees
• Copy of passport
• Proof of being a taxpayer in Namibia
• Progress report on the training of Namibian employees
• Favorable local police clearance
• Proof of advertisement of the job held, CVs or names of unsuccessful Namibians and their qualifications and contact details
• Proof of local employees as well as their Social Security registration numbers.