EXTRAORDINARY 1731 REPUBLIC OF FIJI ISLANDS …

1 EXTRAORDINARY 1731. REPUBLIC OF fiji ISLANDS government gazette . PUBLISHED BY AUTHORITY OF THE fiji government . Vol. 7 TUESDAY, 2nd OCTOBER 2007 No. 77. [1715]. INTERIM government OF THE REPUBLIC OF THE fiji ISLANDS . _____. EMPLOYMENT RELATIONS PROMULGATION 2007. (PROMULGATION NO. 36 OF 2007). ARRANGEMENT OF SECTIONS. PART 1 PRELIMINARY. 1. Short title 2. Commencement 3. Application 4. Interpretation PART 2 FUNDAMENTAL PRINCIPLES AND RIGHTS AT WORK. 5. Object of this Part 6. Fundamental principles and rights PART 3 EMPLOYMENT RELATIONS ADVISORY BOARD. 7. Object of this Part 8. Employment Relations Advisory Board 9. Functions and powers of the Board 10. Allowances 11. Term of of ce, leave, resignation and dismissal of members 12. Meetings of the Board 13.

2 Annual report of the Board PART 4 APPOINTMENTS, POWERS AND DUTIES OF OFFICERS. 14. Object of this Part 15. Administration of this Promulgation 16. Delegation by Permanent Secretary 17. Permanent Secretary may call for information 18. Institution of proceedings 19. Powers and functions of of cers 20. Interests and con dentiality PART 5 CONTRACTS OF SERVICE. 21. Object of this Part Division 1 General 22. Employment to be in accordance with this Promulgation 23. Contracts of service, oral or written 24. Duty of employer to provide work 25. Death of worker 26. No wages on detention or imprisonment 1732. 27. Presumption as to period of contract and termination of contract 28. Presumption as to new contract 29. Provisions as to notice 30. Further provisions as to termination of contracts 31.

3 Piecework or task 32. Wages when due 33. Summary dismissal 34. Right to wages on dismissal for lawful cause 35. Presumption as to oral contracts Division 2 Written Contracts 36. Application and interpretation 37. Certain contracts to be in writing 38. Form and content of contract 39. Transfer to other employer 40. Termination of contract by expiry of the term of service or by death 41. Termination of contract in other circumstances PART 6 PROTECTION OF WAGES. 42. Objects of this Part Division 1 General 43. Payment of wages 44. Wages statement 45. Wages and time record 46. Payment to worker s family 47. Authorised deductions from wages 48. Remuneration other than wages 49. Interest on advances Division 2 Wages Council 50. Power of Minister to establish wages council 51.

4 Making of wages council order 52. Variation and revocation of wages council order 53. General provisions as to wages councils 54. Power to x remuneration 55. Effect and enforcement of wages regulation orders 56. Notices PART 7 HOLIDAYS AND LEAVE. 57. Object of this Part 58. Employer to give paid annual holidays 59. Paid annual holidays 60. Holiday pay on termination of employment 61. Continuity of employment 62. Paid annual holiday to be given within certain period 63. Wages in respect of annual holiday to be paid in advance 64. Declared public holidays 65. Days to be celebrated as public holidays 66. Special public holidays 67. Payment for public holidays 68. Sick leave 69. Bereavement leave 70. Record of leave and entitlement 1733. PART 8 HOURS OF WORK.

5 71. Object of this Part 72. Hours of work 73. Non-application to certain contracts of service PART 9 EQUAL EMPLOYMENT OPPORTUNITIES. 74. Object of this Part 75. Prohibited grounds of discrimination 76. Sexual harassment 77. Discrimination in employment matters 78. Unlawful discrimination in rates of remuneration 79. Criteria to be applied 80. Determination of equal pay 81. Recovery of remuneration based on equal pay 82. Exceptions in relation to authenticity and privacy 83. Exceptions for purposes of religion 84. Exceptions in relation to disability 85. Exceptions in relation to age 86. Exceptions in relation to employment of a political nature 87. Exceptions in relation to family status 88. Exceptions in relation to underground work for females 89.

6 General quali cation on exceptions PART 10 CHILDREN. 90. Objects of this Part 91. Prohibition of worst forms of child labour 92. Minimum age for employment 93. Employment of children under 15 years 94. Trade union rights 95. Certain restrictions on employment of children 96. Children not to be employed against the wishes of parent or guardian 97. Hours of work for children 98. Conditions on night employment 99. Employers of children to keep register PART 11 MATERNITY LEAVE. 100. Object of this Part 101. Rights of women on maternity leave 102. Payment of wages on death of woman 103. Payment of wages to nominee 104. Restriction on termination 105. Conditions contrary to this Part void PART 12 REDUNDANCY FOR ECONOMIC, TECHNOLOGICAL OR STRUCTURAL REASONS.

7 106. Object of this Part 107. Provision of information 108. Redundancy pay PART 13 EMPLOYMENT GRIEVANCES. 109. Object of this Part 110. Inclusion of procedures in employment contracts 111. Right to use procedures 1734. 112. Nature of grievance 113. Statements privileged 114. Statement of reasons for dismissal PART 14 REGISTRATION OF TRADE UNIONS. 115. Objects of this Part 116. Registrar and other of cers 117. Protection of of cers 118. Register of trade unions 119. Application for registration 120. Registration 121. Power of Registrar to call for further particulars 122. Alteration or change of name of trade unions 123. Amalgamation of trade unions 124. Af liation to federation of trade union 125. Refusal of registration 126. Certi cate of registration 127.

8 Of cers of a trade union 128. Inspection of accounts 129. Annual returns 130. Constitution and rules 131. Right of member to access constitution and rules 132. Registered of ce and postal address 133. Cancellation or suspension of registration 134. Consequence of suspension of registration 135. Effect of cancellation of registration 136. Powers of liquidator and Registrar in winding up 137. Closure of original liquidation on appointment of liquidator 138. Noti cation in gazette 139. Appeal against decisions of Registrar 140. Certain Acts do not apply PART 15 RIGHTS AND LIABILITIES OF TRADE UNIONS. 141. Object of this Part 142. Trade unions not unlawful 143. Immunity from civil suit 144. Registered trade union as corporate body 145. Access to workplaces 146.

9 Liability in contract 147. Proceedings by and against trade unions PART 16 COLLECTIVE BARGAINING. 148. Objects of this Part Division 1 Good Faith 149. Good faith in bargaining for collective agreement 150. Duty of good faith does not require concluded collective agreement 151. Providing information in bargaining for collective agreement 152. Code of Good Faith Division 2 Bargaining 153. Who may initiate bargaining 154. Bargaining where there is no collective agreement 1735. 155. Bargaining for variation of collective agreements 156. Bargaining for collective agreements with expiry dates 157. How bargaining initiated 158. Multiplicity of parties 159. Consolidation of bargaining Division 3 Collective Agreements 160. When a collective agreement comes into force and expires 161.

10 Continuation of collective agreement after speci ed expiry date 162. Form and content 163. Deduction of union fees 164. Application of collective agreement 165. Resignation as union member but does not resign as worker 166. Copy to be delivered to Registrar PART 17 EMPLOYMENT DISPUTES. 167. Object of this Part 168. Procedure for settling disputes 169. Reporting of disputes 170. Decisions by the Permanent Secretary 171. Decision by the Tribunal to be made without delay 172. Decision may be retrospective 173. Right of appeal PART 18 STRIKES AND LOCKOUTS. 174. Objects of this Part 175. Secret ballot a prerequisite to strike 176. Notice prerequisite for lockout 177. Unlawful strikes or lockouts 178. Lawful strikes or lockouts on grounds of safety or health 179.