Are fishermen worse or better off than other employees under Namibian labour law?

Abstract

Abstract provided by author

The labour rights and working conditions of fishermen or seamen do not really receive a lot of coverage and public attention. In this dissertation the position of seamen is looked at from various perspectives, inclusive of, their position under the common law and under the relevant labour legislation

Where it is sometimes felt that these people are not enjoying the same benefits as other employees a detailed assessment was conducted which,firstly, compared the relevant contracts and then looked at the benefits

Due to the uniqueness of the role of the Master of a ship, it was investigated whether this might have an adverse effect on fishermen. Therefore, a further question is whether a seaman's rights and duties differ from the rights and duties of any other employee under Namibian Labour Law

After a study was done as to the working conditions and relevant labour laws that cover seamen it was established that these employees are some of the most neglected employees in Namibia. The Labour Act as well as the Merchant Shipping Act applies to them. However, this application is in the alternative where the one Act is silent the other applies or in the event that there are two conflicting provisions the most favorable condition of employment in the specific instance applies when it should be interpreted. This leaves a lot of room for improvement. When looking at the international requirements and standards Namibia's merchant laws and specifically the laws governing the employment contracts of seamen are out dated and need to be revised

These employees have rights almost similar to the rights of other employees in Namibia, however, these rights and their employment conditions are not on par internationally