Your question
Whats required for retrenchment
Retrenchment is a collective termination or redundancy dismissal, including workforce reductions caused by reorganisation, business transfer, discontinuance or reduction of the business for economic or technological reasons. The employer must have a valid and fair reason, and must follow section 34’s procedure. 52
At least four weeks before the intended dismissals, the employer must notify the Labour Commissioner and any recognised exclusive bargaining union. The notice must state the intended dismissals, reasons, affected numbers and categories, and intended dismissal date. If no such union exists, this information must go to workplace representatives and the affected employees. A shorter period is permitted only where four weeks is not practicable. 14
The employer must disclose relevant information needed for effective negotiations, except legally privileged information, information barred by law or court order, or confidential information whose disclosure could substantially harm the employer. The employer must negotiate in good faith about alternatives, selection criteria, minimising dismissals, dismissal conditions and reducing adverse effects. Employees must be selected using agreed criteria or criteria that are fair and objective. 14
If no agreement is reached after the negotiations and selection process, either party may refer the dispute to the Labour Commissioner within one week after the applicable notice period. The Commissioner must appoint a conciliator. No retrenchment dismissals may occur during the notice, referral and conciliation periods unless the dispute has been settled or otherwise disposed of. 4
Severance pay is at least one week’s remuneration for every completed year of continuous service when an employee is dismissed, subject to listed exceptions, including a fair dismissal for misconduct or poor performance. 3
For employees covered by the cited 2025 Regulations, written termination notice is one working day in the first four weeks, one week after four weeks but under 12 months, and 30 days after 12 months. However, where retrenchment falls under section 34, the Act’s section 34 procedure controls over the Regulations if they conflict. 621
Verified sources
Where this answer comes from
Labour Act 11 of 2007
(1) If the reason for an intended dismissal is the reduction of the workforce arising from the re-organisation or transfer of the business or the discontinuance or reduction of the business for economic or technological reasons, an employer must - (a) at least four weeks before the intended dismissals are to take place, inform the Labour Commissioner and any trade union which the employer has recognised as the exclusive bargaining agent in respect of the employees, of - (i) the intended dismissals; (ii) the reasons for the reduction in the workforce; (iii) the number and categories of employees affected; and (iv) the date of the dismissals; (b) if there is no trade union recognised as the ex...
Labour Act 11 of 2007
(1) An employer must not, whether notice is given or not, dismiss an employee - (a) without a valid and fair reason; and (b) without following - (i) the procedures set out in section 34, if the dismissal arises from a reason set out in section 34 (1); or (ii) subject to any code of good practice issued under section 137, a fair procedure, in any other case. (2) It is unfair to dismiss an employee because the employee - (a) discloses information that the employee is entitled or required to disclose to another person; (b) fails or refuses to do anything that an employer must not lawfully permit or require an employee to do; (c) exercises any right conferred by - (i) this Act; or (ii) the terms...
Labour Act 11 of 2007
(a) is dismissed; (b) dies while employed; or (c) resigns or retires on reaching the age of 65 years. (2) Subsection (1) does not apply - (a) to a fair dismissal on grounds of misconduct or poor work performance; (b) if the employee unreasonably refuses to be reinstated; or (c) if the employee unreasonably refuses to accept employment on terms no less favourable than those applicable immediately before the termination of employment with - (i) the surviving spouse, heir or dependant of a deceased employer within one month of the death of the employer; or (ii) one or more of the former partners within one month of the dissolution of the partnership, if the employer was a partnership. (3) Sever...
Labour Act 11 of 2007
(2) Despite subsection (1)(a) and (b), an employer may inform the trade union or workplace representative of the intended dismissals in less than four weeks if it is not practicable to do so within the period of four weeks. (3) When disclosing information in terms of subsection (1)(c), an employer is not required to disclose information if - (a) it is legally privileged; (b) any law or court order prohibits the employer from disclosing it; or (c) it is confidential and, if disclosed, might cause substantial harm to the employer. (4) If, after the negotiations and selections contemplated in subsection (1), the parties do not reach an agreement, either party may, within one week after the peri...
Labour Act 11 of 2007
34. Dismissal arising from collective termination or redundancy
Labour Act 11 of 2007-Regulations 2025-308
9.1 Notice periods The length of written notice that any party to this contract of employment shall give to terminate such contract is: (a) 1 working day, during the first 4 weeks of employment; (b) 1 week, after 4 weeks of employment but less than 12 months; and (c) 30 days, after 12 months of employment. 9.2 Termination with notice 9.2.1 The Employee’s service may be terminated by the Employer with written notice at any time during the term of this contract should: (a) the Employee become incapacitated for medical reason upon the recommendation of a registered medical practitioner; or (b) [the operational requirements] of the Employer [alter] and result in retrenchment and/or redundancy, i...
downscaling so retrenching two employees based on LIFO
LIFO, last in first out, is not expressly prescribed by the supplied Labour Act provision. It may be used only if it is agreed during the required good faith negotiations, or if it is fair and objective in the circumstances. The employer must select the two employees using agreed criteria or criteria that are fair and objective. 1
Downscaling that results in retrenching two employees falls within section 34 where it is a workforce reduction for economic or technological reasons. The employer must give the required information at least four weeks before dismissal to the Labour Commissioner and the recognised exclusive bargaining union, or, if none exists, to workplace representatives and affected employees. It must disclose relevant information and negotiate over alternatives, selection criteria, minimising dismissals, conditions and adverse effects. 1
Verified sources
Where this answer comes from
Labour Act 11 of 2007
(1) If the reason for an intended dismissal is the reduction of the workforce arising from the re-organisation or transfer of the business or the discontinuance or reduction of the business for economic or technological reasons, an employer must - (a) at least four weeks before the intended dismissals are to take place, inform the Labour Commissioner and any trade union which the employer has recognised as the exclusive bargaining agent in respect of the employees, of - (i) the intended dismissals; (ii) the reasons for the reduction in the workforce; (iii) the number and categories of employees affected; and (iv) the date of the dismissals; (b) if there is no trade union recognised as the ex...
Namibia Central Intelligence Service Act 10 of 1997-Regulations 1998-118
21. Reduction of salary prohibited 22. Missing staff members
Labour Act 11 of 2007
(a) is dismissed; (b) dies while employed; or (c) resigns or retires on reaching the age of 65 years. (2) Subsection (1) does not apply - (a) to a fair dismissal on grounds of misconduct or poor work performance; (b) if the employee unreasonably refuses to be reinstated; or (c) if the employee unreasonably refuses to accept employment on terms no less favourable than those applicable immediately before the termination of employment with - (i) the surviving spouse, heir or dependant of a deceased employer within one month of the death of the employer; or (ii) one or more of the former partners within one month of the dissolution of the partnership, if the employer was a partnership. (3) Sever...
Namibia Central Intelligence Service Act 10 of 1997-Regulations 1998-118
5. Discharge or reduction in rank or grade of staff members on account of inefficiency
Namibia Central Intelligence Service Act 10 of 1997-Regulations 1998-118
her consent, except in accordance with the provisions of regulations 11 and 19.
Namibia Central Intelligence Service Act 10 of 1997-Regulations 1998-118
6. Discharge or transfer of staff members on account of efficient functioning of Service