Labour regulations and employment standards
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Fiji offers a high literacy rate by world standards, with a reasonably young working population. Fiji has a well-trained customer friendly and flexible workforce. Fiji has pro-business and pro-consumer policies and legislations in place, which makes it more adaptable to International Standards. The Government is conscious of the need to expand skills and develop aptitudes to meet the demands of industrial development.
Fiji has many training institutions, a few of which are as follows:-
University of the South Pacific
University of Fiji
Fiji National University under which there are seven state-funded tertiary institutions, namely:
· Fiji Institute of Technology
· Fiji School of Medicine
· Fiji School of Nursing
· Fiji College of Advanced Education
· Lautoka Teachers College
· Fiji College of Agriculture
· National Training and Productivity Centre
· New Zealand Pacific Training Centre
In addition to the above, there are also private educational and vocational schools that offer various training programs that adequately cater for Fiji’s manpower needs, this also includes computer training facilities. The current literacy rate of Fiji stands at 93.7%.
LABOUR REGULATIONS
Skilled and unskilled labour is readily available locally. However, when shortages are experienced, expatriates with appropriate qualifications are recruited.
The Ministry of Labour, Industrial Relations and Employment is empowered by statute for the administration of the labour laws and for the encouragement of good labour relations and social justice in the workplace.
1. Labour Standards Service (LSS)
The Labour Standards Service is responsible for the promotion of fundamental principles and rights at work standards, and the compliance functions of the Employment Relations Promulgation 2007 (ERP) and its subsidiary Regulations, including the ten Wages Regulation Orders. The Service deals mainly with the minimum terms and conditions of employment in Fiji under the reformed labour legislations and comprises the following Units:
(i) Labour Compliance Unit (LCU)
Responsible for employer/workplace inspections including verification of wages records, resolution of labour complaints/employment grievances, control (attestation) of foreign contracts of service, prosecution of offences under the ERP and also appearing as Advocates for workers on their individual grievances at the Employment Relations Tribunal. The Unit also monitors the authorization of employment agencies and businesses in Fiji for local or overseas employment.
(ii) Employment Relations Unit (ERU)
Responsible for the analysis of reports of employment disputes and their referral to the Mediation and Employment Relations Tribunal Services. The Unit is also responsible for the monitoring and management of strikes and lockouts. The ERU is part of the Executive Support Service (ESS).
(iii) Wages Councils Unit (WCU)
The Employment Relations Promulgation provides for the establishment of Wages Council. A Council is composed of two employer representatives, two worker representatives and two independent members. The Council deals with questions of wages, vacations and other terms and conditions of employment in industries where no adequate collective bargaining machinery exists. Ten Wages Councils covering employment in the following industries/sectors have been established:
1. Wholesale and Retail Trades
2. Building, Civil and Electrical Engineering Trades
3. Hotel and Catering Trades
4. Road Transport Industry
5. Sawmilling and Logging Industry
6. Printing Trades
7. Garment Industry
8. Manufacturing Industry
9. Mining and Quarrying Industry
10. Security Services
The Wages Councils sets minimum wage guidelines and other benefits for employees of those industries for which Wage Councils have been established.
(iv) Trade Unions and Industrial Associations Unit (TUIAU)
The Registrar of Trade Unions and Industrial Associations is responsible for the administration and control of trade unions and industrial associations in dealing with the registration, suspension and cancellation and also advisory to trade unions and industrial associations. The Unit is also responsible for the coordination and supervision of strike secret ballots by trade unions and the vetting and registration of all Collective Agreements between employers and registered trade unions. The TUIAU is part of the Executive Support Service (ESS).
2. National Occupational Health and Safety & Workers Compensation Service (NOHSWCS)
The National Occupational Health and Safety Service is responsible for the promotion of OHS and enforcement of the Health and Safety at Work Act 1996 and its subsidiary legislations and the Workmen’s Compensation Act (Cap. 98). The activities of the NOHSS are based on the concept of ‘duty of care’ principles and promotes a proactive OHS risk management culture emphasizing the creed that ‘those who create the risks in the workplace and those who work with them have the primary responsibility to solve them’, rather than relying on OHS Inspectors to prescribe the remedies as encouraged in the former statutory and administrative arrangements under the former Factories Act.
The Service aims to promote and maintain a working environment, which is healthy and safe to both workers and employers and directly contributes to improved productivity. This is achieved by improved OHS awareness through the training of OHS Committees and OHS Representatives, joint OHS partnership projects, development of OHS Regulations and Codes of Practice, OHS audits, investigations and enforcement initiatives. The Service also processes Workers Compensation claims for work-related injuries and deaths.
The Service comprised the following five (5) specialized units:
(i) Training, Accreditation, Chemical and Hygiene (TACH)
(ii) Capital Projects and Information Technology (CPIT)
(iii) Risk Engineering (RE)
(iv) Field Operations (FO)
(v) Workers Compensation (WC)
3. MEDIATION SERVICES
The Mediation Service is established under the new Employment Relations Promulgation 2007. It is the primary conflict-resolution institution at the national level which must first be exhausted by the parties before the secondary institutions of the Employment Relations Tribunal or Employment Relations Court is engaged.
The Mediation Services is resourced by professionally trained and internationally accredited Mediators who facilitate the meditation process under the obligation of good faith. This is consistent with the duty and principles of good faith under the Employment Relations Promulgation 2007 and the Code of Good Faith for Collective Bargaining 2008.
The process of mediation which is preserved by confidentiality is based entirely on the principles of self- determination and safeguards each party’s interest to make free and informed choices on the outcome of the problem.
The mediation sessions that engage both the parties, continue to provide an avenue for the disputing parties array of opportunities to amicably resolve their difference without the need for expensive judicial intervention that is available in cases of unresolved disputes. Any decision agreed to by the parties and endorsed by the Mediator is final and binding and cannot be subsequently challenged in any court.
Mediation Services has continuously gained popularity since its inception in 2008, during which period it has mediated over 3,000 cases and recovered over $2.5 million with the success rate of dispute resolution hovering around 80%. In the same period there has been total absence of strike which directly contributes to increase in work productivity and sustaining conducive employment relationship in workplaces.
The mediation services continues to provide cost free and expeditious services, Fiji- wide, in all types of employment related problems which is in keeping with Government’s social responsibility to all its people in terms of the Charter.
4. NATIONAL EMPLOYMENT CENTRE (NEC)
The National Employment Centre operates under the National Employment Centre Decree 2009. This national institution is responsible for providing skills training and finding employment opportunities for the unemployed. It is guided by the National Employment Centre Board (NECB) which provides oversight functions for decisions undertaken by the Centre. The NEC is part of Government’s response to address the Millennium Development Goals, Goal 1 – eradicate extreme poverty and hunger, and the 2009 ILO Global Jobs Pact to address the jobless growth of economies after the Global Financial and Economic Crisis.
The NEC offers four main services – formal employment, foreign employment, self employment and professional volunteerism. Unemployed persons who register under the NEC are trained in the relevant skills demanded by the labour market. The NEC is benchmarked to three international standards comprising of ISO 9001; 2008 (Quality Management), ISO 26,000 (Corporate Social Responsibility Guidelines), and the Fiji Business Excellence Framework. These standards ensure that unemployed persons trained under NEC are marketable, nationally, regionally, and internationally.
OTHER EMPLOYMENT INFORMATION
Hours of work
The average normal weekly hours of work ranges from 45 to 48 hours per week.
Overtime
Overtime is paid at the rate of time and one-half and double time for the businesses covered by the Wages Regulation Orders and those covered by the collective agreement with the unions. In other types of businesses, the companies are at discretion to pay the overtime rates.
Public Holidays - 2012
Every worker must be paid at his or her normal rate of pay in respect of each public holiday for the number of hours (exclusive of overtime) which the worker would normally have worked on that day had it not been a public holiday. The paid public holidays for Fiji in 2012 are:
New Year's Day – January 2nd
Prophet Mohammed's Birthday – February 6th
Good Friday – April 6th
Easter Saturday – April 7th
Easter Monday – April 9th
Queen’s Birthday – June 11th
Fiji Day – October 10th
Diwali – November 13th
Christmas Day – December 25th
Boxing Day – December 26th
Annual Leave
Annual leave is given at the rate of at least 10 working days holiday per year provided that an employee is not absent from work for more than twenty normal working days during that year without a medical certificate or any other reason acceptable to the employer. Annual leave holiday can be taken in one unbroken period, or at the employee's request in two or more periods provided one part must be a continuous period of one week.
Maternity Protection
A female employed in any undertaking expects to be confined; she is entitled to leave from work for a period of 84 consecutive days and is entitled to first 3 births at full pay from the fourth birth onwards at 50% pay.
Expatriate Employees
Residence and Visitor’s Permits into Fiji is subject to government control which is exercised directly by the Department of Immigration. Visitor visas are normally handled by Fiji Embassies located in respective foreign countries. However, once a visitor is in Fiji, any extension will require approval of the Immigration Department. Employees on contracts are normally admitted provided ample local expertise is not available. Such employees would generally be allowed to be accompanied by their spouses and children. Foreign concerns are able to transfer skilled staff to their Fiji branches or subsidiaries provided suitable local expertise is not available.
Employees on contracts may qualify for residency and work permits for an initial period of up to 3 years. Such permits may be extended for further periods upon application. The forms are available on the immigration website and office for free. Also note that the spouse and children can be included on one application with the principal applicant. All work permit applications are to be separately applied.
In respect of each person whose permit application is approved, a refundable Immigration Security Deposit bond of an amount sufficient to cover repatriation or indicated otherwise will need to be deposited with the Immigration Department.
Living conditions
Living conditions for foreign personnel in the Cities of Suva and Lautoka and other towns are good. Accommodation and many other amenities similar to those in Australia and New Zealand can be found in the Suburbs. Although it may be expensive, there is a fair range of local style, European style, executive and standard housing available for rent.
Most executive houses are located in more exclusive areas and are either partly or fully furnished. Monthly rental can range from about F$1,200 to F$4,000. A broad selection of local (subject to seasonal variation) and imported food supplies is always available through supermarkets. There is an International School in Suva and Nadi and there are also other English-speaking schools, technical institutes and universities. Sports such as golf, tennis, fishing, swimming, scuba diving, sailing or boating are all available and the numerous tourist resorts located in Fiji offering a wide selection of experiences for the expatriate living and working in Fiji.
For more information on labour regulations and employment standards please visit the Ministry of Labour, Industrial Relations, Employment and Environment website:
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