Public Holiday in Namibia
In Namibia, “public holiday” is a legal status covering the days named in the Public Holidays Act and any additional day proclaimed by the President. The law also provides a Monday public holiday when a listed holiday falls on Sunday, subject to an exception.[1]
A legal category, not one annual celebration
Namibia’s Public Holidays Act was passed in 1990, signed by the President on 6 December that year, and came into operation on 1 February 1991. It repealed the earlier Public Holidays Act of 1987. The Act’s schedule names national observances, including Independence Day, Workers Day, Cassinga Day, Heroes Day, Christmas Day and Family Day; each scheduled day has public holiday status under the law.[1]
The Act also allows the President to declare an additional public holiday for a particular year by proclamation in the Government Gazette. This means a public holiday in Namibia can be either a scheduled annual day or a separately proclaimed day. The law sets the legal framework; its meaning and observances depend on the particular holiday being marked.[1]
Work and pay on a public holiday
The Labour Act generally bars employers from requiring or allowing employees to work on a public holiday, but it lists exceptions. These include urgent work, shops and hotels that lawfully operate that day, domestic service, health and social welfare facilities, certain farm work and continuous shifts. Other work may be approved by the Permanent Secretary under the Act’s process.[2]
When the holiday falls on a day an employee would ordinarily work, the Labour Act sets minimum pay arrangements for employees who do not work and for those who do. In some circumstances, an employee who works may receive a different pay arrangement and time off during the next working week if the employee requests it and the employer agrees. The Act also provides a pay rule for work on a public holiday that is not an employee’s ordinary work day.[2]
Observances and practical planning
Public holidays in Namibia cover different occasions, so observances depend on the particular holiday being marked.[1]
The law permits some shops, hotels and other listed services to operate on public holidays. Residents and visitors should check the relevant office, branch or operator before travelling.[2]
Namibia public holiday questions
Is a public holiday a day off for employees in Namibia?
The Labour Act generally restricts work on public holidays, with exceptions for specified work and services. For an employee whose ordinary work day falls on the holiday, the Act sets pay rules if the employee works or does not work.[2]
What happens if a public holiday falls on Sunday?
The following Monday is also a public holiday, unless that Monday is already a public holiday.[1]
Can shops open on public holidays?
The Labour Act allows work for a shop that lawfully operates on a public holiday. It does not say that every shop must open or close, so check the individual business’s hours.[2]
Sources and references
Sources used for Public Holiday in Namibia:
- Government Gazette of the Republic of Namibia No. 125: Public Holidays Act, 1990- Government of the Republic of Namibia; hosted by ILO NATLEX
- Labour Act, 2007 (Act No. 11 of 2007), Government Gazette No. 3971- Government of the Republic of Namibia; hosted by ILO NATLEX