Regulations Relating to Fishers, 2025

Government Notice 308 of 2025

Regulations Relating to Fishers, 2025

Citation: Government Notice 308 of 2025
Primary work: Labour Act, 2007
Date: 17 November 2025
Language: English
Publication: Download PDF (432.8 KB)

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Labour Act, 2007

Regulations Relating to Fishers, 2025

Government Notice 308 of 2025

Published in Government Gazette 8785 on 17 November 2025
Assented to on 21 October 2025
Commenced on 17 November 2025
[This is the version of this document from 17 November 2025 and includes any amendments published up to 5 December 2025.]

Under section 135 of the Labour Act, 2007 (Act No. 11 of 2007), after consultation with the Labour Advisory Council, I have made regulations relating to fishers which supplement Chapter 3 on basic conditions of employment and Chapter 4 on health, safety and welfare of employees and which are in conformity with the Work in Fishing Convention, 2007 (No. 188), as set out in the Schedule.

1. Definitions

In these regulations a word or an expression to which a meaning has been assigned in the Act has that meaning and, unless the context otherwise indicates -“contract of employment” means a written contract of employment, articles of agreement, other similar arrangements or any other contract regulating the terms and conditions of employment of a fisher as set out in form FCE1 or FCE2 of the Annexure;“employer” means an employer of a fisher;“fisher” means a person employed or engaged in any capacity or carrying out an occupation on board any fishing vessel, including a person working on board who is paid on the basis of a share of the catch, but excluding pilots, naval personnel, other persons in the permanent service of a government shore-based persons carrying out work aboard a fishing vessel and fisheries observers;“fishing vessel owner” means the owner of a fishing vessel or any other person such as the manager, agent or bareboat charterer who has assumed the responsibility for the operation of the fishing vessel from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on the fishing vessel owner in accordance with the Convention, regardless of whether any other person fulfils certain duties or responsibilities on behalf of the fishing vessel owner;“fishing vessel or vessel” means any ship or boat of any nature, irrespective of the form of ownership, used or intended to be used for the purposes of commercial fishing;“full remuneration” includes the remuneration a fisher is entitled to when on board the vessel and when on land;“Health and Safety Regulations” means the Regulations Relating to the Health and Safety of Employees at Work, published under Government Notice No. 156 of 1 August 1997;“the Act” means the Labour Act, 2007 (Act No. 11 of 2007); and“the Convention” means Work in Fishing Convention, 2007 (No. 188).

2. Application of regulations

These regulations apply to fishers, employers of fishers and fishing vessel owners engaged in commercial fishing operations.

3. Purpose of regulations

(1)These regulations supplement the basic conditions of employment set out in Chapter 3 of the Act and the health, safety and welfare of employees set out in Chapter 4 of the Act which is applicable to all employees including the fishers.

(2)These regulations ensure that the terms and conditions of a contract of employment of a fisher are not less favourable than those set out in the Act, the Health and Safety Regulations and these regulations.

4. Duty to pay full monetary remuneration

An employer must pay a fisher -

(a)full monetary remuneration to which the fisher is entitled to when on board the vessel based on the daily rate for each day spent at sea for normal working hours and when on land as agreed between the employer and the fisher, minus lawful deductions as contemplated in section 12 of the Act; and

(b)the remuneration referred to in paragraph (a) using any of the methods contemplated in section 11 of the Act, on the date as agreed between the employer and the fisher and at no charge to the fisher.

5. Allowances

An employer must, where applicable, pay to the fisher the housing, transport, cold allowance or any other allowance that the fisher is entitled to in terms of the contract of employment.

6. Annual bonus

An employer must, where applicable, pay annual bonus to the fisher as may be agreed on between the employer and the fisher.

7. Commission

An employer must pay the fisher a commission calculated on the basis of the total tonnage of fish landed for each fishing trip worked by the fisher as confirmed and agreed upon by the parties.

8. Pension and medical benefits

Every fisher who is a permanent employee of the employer must become a member of the pension fund and medical scheme of the employer, where applicable.

9. Ordinary hours of work

Subject to any notice that may vary the ordinary working hours of a fisher in accordance with section 139 of the Act, the ordinary working hours of a fisher are variable and the employer must structure such hours in shifts of not more than 8 hours at a time.

10. Overtime

(1)Due to the operational requirements of the employer, the employer may require a fisher to work overtime subject to an agreement between the employer and the fisher.

(2)Subject to any notice that may vary overtime hours of a fisher in accordance with section 139 of the Act, the employer must not require a fisher to work more than 35 hours of overtime in a seven day period and in any case not more than five hours overtime in a 24 hour period.

11. Daily spread-over and weekly rest period

(1)An employer must grant a fisher -

(a)10 hours of rest in any 24-hour period, of which at least six hours must be for uninterrupted sleep; and

(b)77 hours of rest in any seven-day period.

(2)Despite subregulation (1), the Captain or Master of the vessel may suspend the hours of rest referred to in that subregulation for the purposes of an emergency and may require a fisher to perform hours of work which is necessary for such emergency until the situation has been restored for -

(a)the safety of the vessel, the persons on board or the catch; or

(b)the purpose of giving assistance to any other vessel or person in distress at sea.

(3)The Captain or Master of the vessel must, as soon as practicable, after the situation has been restored to normal as contemplated in subregulation (2) ensure that a fisher who performed hours of work during an emergency and who was entitled to a rest period is granted with the rest period as contemplated to in subregulation (1).

12. Shore leave

(1)Upon the return of a fisher from sea, the employer must grant the fisher a paid shore leave calculated as follows:

(a)one full day of every seven days worked at sea; and

(b)a fraction of a day calculated on a pro rata basis for less than seven days worked at sea.

(2)Shore leave commences upon the return of the vessel at a port in Namibia or any other port provided that the work that need to be done by a fisher is completed, and the shore leave ends at the official boarding time of the vessel for the next fishing trip.

(3)Shore leave does not accumulate unless a fisher and an employer agree under special circumstances.

13. Accommodation

(1)An employer must, at no charge to a fisher, provide the fisher with accommodation as contemplated in section 28(2) of the Act for the duration of the period in which that fisher is on board the vessel.

(2)The accommodation referred to in subsection (1) must be of sufficient size, quality and appropriately equipped for the service of the vessel and the length of time a fisher is on board the vessel.

14. Food and water

(1)An employer must, at no charge to the fisher, provide a fisher with quality and sufficient food and portable water.

(2)A fisher must take a meal during the rest period or at such times as the Captain or Master of the vessel may determine.

(3)A fisher is entitled to a meal interval of -

(a)at least one hour in respect of a fisher who works continuously for more than five hours as contemplated by section 18(i) of the Act;

(b)at least 30 minutes for every five hours of continuous work by the fisher subject to section 18(2) of the Act; or

(c)such duration of time as may be varied in accordance with section 139 of the Act.

15. Occupational safety and health requirements

(1)An employer must provide a fisher with a safe and healthy work environment as contemplated in section 39 of the Act and the Health and Safety Regulations.

(2)As contemplated in section 41 of the Act, a fisher must cooperate with the employer to enable the employer to perform any duty imposed under Chapter 4 of the Act and the Health and Safety Regulations.

(3)An employer must, at no charge to a fisher and as contemplated in section 39 of the Act -

(a)provide the fisher with appropriate protective clothing and equipment, which protective clothing and equipment remain the property of the employer; and

(b)replace the protective clothing or equipment referred to in paragraph (a) when the protective clothing or equipment is worn out.

(4)The fisher must, at own cost, replace the protective clothing or equipment referred to in subregulation (3) if the protective clothing or equipment is damaged or lost due to the negligence or misuse by the fisher.

16. Duty of employer in event of sickness, injury or death of fisher

(1)If a fisher falls sick or is injured or is for any other reason unable to work while on voyage, the employer must, in addition to the remuneration that the fisher is entitled to while on land and despite such sickness, injury or such other reason, pay the fisher full remuneration that the fisher is entitled to while on board the vessel until -

(a)the fisher is repatriated in accordance with regulation 18;

(b)the voyage comes to an end; or

(c)the fisher recovers while on voyage, whichever event occurs first.

(2)If the fisher requires medical care while the fisher is on board the vessel, the employer must ensure that such medical care is provided to a fisher at no charge to that fisher, including access to the necessary medicines, medical equipment and facilities for diagnosis and treatment, medical information and expertise.

(3)If necessary, the employer must give a fisher leave to consult a registered health practitioner at a port of call in order for the fisher to obtain the necessary medical treatment.

(4)In the event of sickness or incapacity of a fisher, any costs of medical care or treatment by the fisher in a foreign country must be borne by the employer, including cost for medical treatment, supply of necessary medicines and therapeutic devices and board and lodging costs until the recovery or repatriation of the fisher, whichever date occurs first.

(5)If a fisher dies on board the vessel or ashore during the voyage, the employer must -

(a)repatriate the body of the fisher;

(b)pay for the costs involved in the burial or cremation of the body of the fisher; and

(c)return the property of the fisher to the next of kin of the fisher.

17. Training

The employer must, at no charge to a fisher, provide the fisher, with basic safety training as contemplated in section 39(1)(e) of the Act to ensure that the fisher has the necessary skills to enable the fisher to safely carry out his or her functions on board the vessel.

18. Repatriation

(1)An employer must, at no cost to a fisher, repatriate the fisher, in cases where -

(a)the contract of employment of the fisher comes to an end;

(b)the contract of employment of the fisher is terminated by the employer or by the fisher for justified reasons; or

(c)the fisher is unable or cannot be expected to carry out the duties under the contract of employment of the fisher.

(2)For the purposes of subregulation (1)(c), the circumstances where a fisher is unable or cannot be expected to carry out the duties under the contract of employment of the fisher include -

(a)when a ship wreck occurred;

(b)the sale of the vessel or the change in the registration of the vessel;

(c)illness, injury or other medical condition that renders a fisher unable to carry out the duties under the contract of employment of the fisher.

(3)Despite subregulation (1)(b) and where the contract of employment of a fisher is terminated due to serious misconduct by the fisher, the employer must still repatriate the fisher, but the employer may recover the repatriation costs from any money due to the fisher in terms of the contract of employment between the fisher and the employer.

(4)In repatriating a fisher in accordance with this regulation, the employer may use any form of transport in order to repatriate the fisher to any port of embarkment in Namibia.

19. Freedom of association and trade union access

(1)A fisher has a right to be a member of a trade union.

(2)An employer may not unreasonably refuse access to its premises to authorised representatives of a trade union that is recognised as an exclusive bargaining agent for the purposes of section 65 of the Act.

20. Contract of employment of fisher

(1)An employer may not employ a person as a fisher unless the employer and the fisher has entered into written contract of employment, which sets out the terms and conditions of such employment.

(2)The contract of employment to be entered into between the employer and the fisher must in the case of a fisher who is to be employed on a -

(a)permanent basis, be on Form FCE1; or

(b)temporary basis, be on Form FCE2, of the Annexure.

(3)An employer may include more favourable terms and conditions in the contract of employment of a fisher which are not provided for in the form set out in FCE1 or FCE2 of the Annexure.

(4)Before the contract of employment is signed by the employer and the fisher, the employer must explain or cause to be explained to the fisher each provision of the contract of employment, and if the fisher is not conversant with the official language in which the contract is written, the employer must ensure that the provisions of the contract of employment is explained to the fisher in a language that the fisher understands.

(5)After signing the contract of employment, the employer must -

(a)provide the fisher with a copy of the signed contract of employment; and

(b)retain a copy of the signed contract of employment of the fisher for a period of five years after the termination of the contract of employment of a fisher.

(6)An employer who contravenes subregulation (1) commits an offence and is liable on conviction to a fine not exceeding N$20 000 or imprisonment for a period not exceeding four years, or to both such fine and imprisonment.

21. Matters not dealt with

Matters not dealt with in these regulations and in the contract of employment of a fisher must be dealt with in accordance with the relevant provisions of the Act, the Health and Safety Regulations and other relevant applicable laws.