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Fiji Legislation |
LAWS OF FIJI
CHAPTER 92
ARRANGEMENT OF SECTIONS
PART I - PRELIMINARY
SECTION
1.
Short title and application.
2.
Interpretation.
PART II-LABOUR ADVISORY BOARD
3. Labour Advisory
Board.
4. Duties of Labour Advisory
Board.
PART III-APPOINTMENT, POWERS AND DUTIES OF OFFICERS
5. Appointment of
officers.
6. Delegation by Permanent
Secretary.
7. Permanent Secretary may
call for returns.
8. Institution of
proceedings.
9. Powers of
officers.
10.
Appeal.
11. Duties of
officers.
12. Offence to delay or
obstruct officer.
PART IV-CONTRACTS OF SERVICE GENERALLY
13. Employment to be in
accordance with Act.
14. Existing
contracts to continue in force.
15.
Contracts of service, oral and
written.
16. Duty of employer to
provide work.
17. Contract expiring on
journey may be prolonged.
18. Death of
employee.
19. No wages to be payable
to employee for a period of imprisonment.
PART V-ORAL CONTRACTS OF SERVICE
20.
Application.
21. Contracts not
required to be in writing.
22.
Presumption as to period of oral contracts and termination of oral
contracts.
23. Presumption as to new
contract.
24. Provisions as to
notice.
25. Further provisions as to
termination of contracts.
26. Task,
piece work or journey.
27. Wages when
due.
28. Summary
dismissal.
29. Right to wages on
dismissal for lawful
cause.
30.
Quantum meruit.
PART VI-WRITTEN CONTRACTS
31. Application and
interpretation.
32. Certain contracts
to be in writing.
33. Family not
bound- by contract.
34. Form and
contents of contract.
35. Attestation
of contracts.
36. Medical
examination.
37. Contracts by children
and young persons.
38. Period of
service.
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.
42.
Repatriation.
43. Exemption from
obligation to repatriate.
44. Employer
to provide transport on
repatriation.
45. Period of service on
re-engagement.
46. Summary of Part to
be brought to notice of employees.
47.
Foreign contracts of service and contracts made
abroad.
48. Security by
employer.
49. Penalty for inducing
persons to proceed abroad under informal contract.
PART VII-PROTECTION OF WAGES
50. Payment of
wages.
51. Authorised deductions from
wages.
52. Remuneration other than
wages.
53. Interest on advances
prohibited.
54. Priority of
wages.
55. Exemption of employer on
conviction of actual offender.
56.
Power of court to order payment to employee.
PART VIII-WOMEN, YOUNG PERSONS AND CHILDREN
57.
Application.
58. Power to exempt
certain occupations from the provisions of
Part.
59. Employment of children under
twelve years of age.
60. Employment of
children.
61. Restriction on
employment of children and young
persons.
62. Children and young
persons not to be employed against the wishes of parent or
guardian.
63. Restriction on
employment of children in industrial
undertaking.
64. Hours of work for
children and young persons.
65.
Restriction on employment of women and young persons on night
work.
66.
Emergencies.
67. Restriction on
employment of young persons in
mines.
68. Restriction on employment
of children.
69. Trimmers and
stokers.
70. Medical
certificates.
71. Employers of
children and young persons to keep
registers.
72. Restriction on
employment of women in mines.
73.
Offences by parents and guardians.
PART IX-MATERNITY PROTECTION
74. Right to abstain from
work before and after confinement and allowances payable
therefor.
75. Payment of maternity
allowance.
76. Payment of allowance on
death of female.
77. Loss of maternity
allowance for failure to notify
employer.
78. Payment of allowance to
nominee.
79. Restriction on dismissal
of female during allowance period.
80.
Conditions contrary to Part void.
81.
Registers of allowances paid.
PART X-CARE AND WELFARE
82. Supply of
water.
83. Provision of medicine and
medical treatment.
84. Return of
employees to place of engagement.
85.
Repatriation of body of deceased employee.
PART XI-REMEDIES, JURISDICTION AND PROCEDURE OF COURTS
86. Jurisdiction of
magistrate.
87. Magistrate may summon
parties.
88. Husband and wife
competent witnesses.
89. Joinder in
cases of non-payment of wages.
90.
Summary procedure.
91. Proceedings on
appeal.
92. Power of subordinate
courts.
93. Compensation for loss,
etc., of employer's property.
94.
Payment of fine or sum to party or
person.
95. Cancellation of
contracts.
PART XII-OFFENCES
96. Offences by
employers.
97. Offences by
employees.
98. False
pretences.
99. Penalty.
PART XIII-GENERAL
100. Saving as to contract
of service made abroad.
101. Saving as
to contracts under Acts relating to
shipping.
102.
Regulations.
103. Application of
regulations.
-------------------------------------------
EMPLOYMENT
Ordinances
Nos. 15 of 1964, 37 of 1966, 2 of 1968, 26 of
1970,
Acts Nos. 31
of 1975, 14 of 1975, 21 of 1976.
AN ACT TO PROVIDE FOR THE CONTROL OF CONDITIONS OF EMPLOYMENT
[15th May, 1965]
PART I-PRELIMINARY
Short title and application
1.-(1)
This Act may be cited as the Employment
Act.
(2) Subject to the provisions
of subsection (3), the provisions of this Act shall apply to the Government of
Fiji and to all the persons
in the service of that
Government:
Provided that the
provisions of this Act shall-not apply to:
(a) persons in the naval, military or air services of the Crown (other than locally engaged civilian employees);
(b) members of the Royal Fiji Police Force;
(c) members of the Fiji Prisons Service.
(3)
The Minister may by order exclude any person or class of persons or any public
authority or class of public authorities or any
contract or transaction or class
of contracts or transactions from the operation of all or any of the provisions
of this
Act.
(Substituted
by 31 of 1975 s. 2.)
Interpretation
2.
In this Act, unless the context otherwise requires-
"age" means the actual age or where this cannot be determined the apparent age;
"agricultural undertaking" means any work in which they any person is employed under a contract of service for the purposes of agriculture, horticulture or sylviculture, the tending of animals or poultry or the collection of the produce of any plants or trees;
"Board" means the Labour Advisory Board constituted under the provisions of this Act;
"casual employee" means any employee the terms of whose engagement provide for his payment at the end of each day's work and who is not engaged for a longer period than twenty-four hours at a time;
"child" means a person who has not attained the age of fifteen years;
"clerical work" includes work performed by office messengers;
"commercial undertaking" includes-
(a) commercial establishments and offices, including establishments engaging wholly or mainly in the sale, purchase, distribution, insurance, negotiation, loan or administration of goods or services of any kind;
(b) establishments for the treatment or care of the aged, infirm, sick, destitute or mentally unfit;
(c) hotels, restaurants, boarding houses, clubs, restaurant bars and other places of refreshment;
(d) theatres and places of public amusement;
(e) establishments for the instruction, education and care of children or young persons;
(f) broadcasting, postal and telecommunication services;
(g) film studios;
(h) newspaper undertakings; and
(i) any establishment similar in character to those enumerated in sub-paragraphs (a) to (h) above;
"confinement" means parturition resulting after at least twenty-eight weeks of pregnancy in the issue of a child or children, whether alive or dead, and shall for the purposes of this Act commence and end on the actual day of birth, and when two or more children are born. at one confinement shall commence and end on the day of the birth of the last born of such children and the word "confined" -shall be construed accordingly;
"contract of service" means any contract, whether oral or in writing, whether express or implied to employ or to serve as an employee for any period of time or number of days to be worked, or to execute any task or piece work or to perform for wages any journey and includes a foreign contract of service;
"contract period" means the period of time or number of days or hours to be worked for which expressly or by. implication a contract of service is made;
"court" means a court of a resident or second class magistrate;
"day" means a period of twenty-four hours beginning and ending at midnight;
"domestic servant" means a person employed in connexion with the work of a private dwelling-house and not in connexion with any trade, business or profession carried on by the employer in such dwelling-house and includes a cook, house servant, child's nurse, gardener, washerwoman, watchman and driver of any vehicle licensed for private use;
"employ" in relation to the person employing, means to use as employer the services of any person under a contract of service;
"employee" means any person employed on a contract of service for wages and includes an apprentice or a domestic servant;
"employer" means any person or any firm, corporation or company, public authority or body of persons who or which has entered into a contract of service to employ any person and includes any agent, foreman, manager or factor of such person, firm, corporation, company, public authority or body of persons who is placed in authority over such person employed, and where an employee has entered into a contract of service with the Government or with any officer on behalf of the Government, any Government officer under whom such employee is working shall be deemed to be his employer:
Provided that no Government officer shall be personally liable under this Act for anything done by him as an officer of the Government in good faith;
"employment" means the performance by an employee of a contract of service;
"factory" has the meaning assigned to it in the Factories Act;
(Cap. 99.)
"family" in relation to an employee means the husband or wife and the unmarried dependent children, if any, under the age of eighteen of the employee;
"foreign contract of service" means a contract of service made within Fiji and to be performed 'wholly or partially outside Fiji and any contract of service with a foreign state;
"fortnight" means any period of. fourteen consecutive days;
"Government" means the Government of Fiji and for the purpose of avoiding doubt, the Minister by notice, may include or exclude any person from this definition;
"Government officer" means an officer of the Government;
"guardian" includes any person lawfully having charge of a child or young person who has no parents or whose parents are unknown and any person to whose care any child or young person has been committed, even temporarily, by a person having authority over him;
"health inspector" means a health inspector in the service of the Government or of a local authority;
"industrial. undertaking" means:
(a) mines, quarries, factories, reduction mills and other works for the winning, treatment or extraction of minerals from the earth, sea, rivers. or inland waters;
(b) industries in which articles are manufactured, altered, cleaned, repaired, ornamented, finished, adapted for sale, broken up or demolished, or in which materials are transformed, including shipbuilding, and the generation, transformation and transmission of electricity and motive power of any kind;
(c) the construction, reconstruction, maintenance, repair, alteration or demolition of any building. railway, tramway, airfield, harbour, dock, pier, canal, inland waterway, road, tunnel, bridge, dam, viaduct, sewer, drain, well, telegraphic or telephonic installation, electrical undertaking, gas works, water works, or other work of construction as well as the preparation for, or laying the foundations of, any such work or structure;
(d) the transport of passengers or goods by air, road, rail or inland waterway including the handling of goods at docks, quays, wharves and warehouses, but excluding transport by hand;
(e) any factory;
(f) any other type of undertaking which may be prescribed;
"labour inspector" means a labour inspector in the service of the Government;
"labour officer" includes any person authorised in writing by the Minister to perform the duties of a labour officer;
"local authority" includes a city council, town council and a district council;
"medical officer" means any medical officer in the service of Government or any other registered medical practitioner appointed by the Permanent Secretary for Health to be a medical officer for the purposes of this Act;
"mine" includes any undertaking, whether. public or private, for the winning, treatment or extraction of minerals from the earth, sea, rivers or inland waters;
"'mineral" means all mineral substances including mineral oils;
"month" means a calendar month, or a period commencing on any date in a calendar month and expiring on the day preceding the corresponding date in the succeeding calendar month;
"oral contract" means a contract of service which, under the provisions of Part V, is not required to be made in writing, but which may nevertheless be subsequently evidenced in writing;
"Permanent Secretary" means the Permanent Secretary for Labour;"
"piece work" means any work the pay for which is estimated by the amount of Work performed irrespective of the time occupied in its performance;
"place of employment" means any place where work is carried on for an employer by an employee;
"prescribed" means prescribed by regulations made under this Act;
"professional undertaking" means any undertaking engaged wholly or mainly in providing a service of advice and assistance in relation to any matter calling for the exercise or application of skill of a specialised nature, character or kind;
"proper authority" means the Permanent Secretary or any other person or persons appointed by him for the carrying into effect of this Act or any Part or provision thereof;
"public authority" includes a department of Government and a local authority;
"public officer" includes a Government officer and an officer of a local authority;
"ship" includes any vessel or boat, of any nature whatsoever, engaged in navigation, whether publicly or privately owned, but does not include a ship of war:
Provided that the Minister may by notice in the Gazette exclude from this definition ships of less than a prescribed maximum tonnage and carrying a crew of less than a prescribed maximum number;
"task" means such amount of work as in any area as customarily performed in the trade, industry, occupation or undertaking concerned in an ordinary working day;
"'undertaking" means an agricultural, commercial, professional or industrial undertaking;
"wages" means, for the purposes of this Act, all remuneration which is payable to an employee for work done in respect of his contract of service but does not include
(a) the value of any house, accommodation or the supply of any food, fuel, light, water or medical attendance, or any amenity or services excluded by general or special order of the Minister;
(b) any contribution paid by the employer on his own account to any pension fund or provident fund;
(c) any travelling allowance or the value of any travelling concession;
(d) any sum payable to the employee to defray special expenses incurred by him by the nature of his employment; or
(e) any gratuity payable on discharge or retirement;
"wage period" means the period in respect of which wages earned by a worker are payable:
Provided that no wage period shall extend for a longer period than one month;
"week" means any period of seven consecutive days;
"woman" means a female of the age of eighteen years or upwards;
"written contract" means a contract of service which, under the provisions of Part VI, is required to be made in writing;
"young person" means a person of or over the age of fifteen but under the age of eighteen years.
(Section amended by 2 of 1968, s. 3, 26 of 1970, s. 2, 31 of 1975, s. 3, 14 of 1975, s. 20.)
PART II-LABOUR ADVISORY BOARD
Labour Advisory Board
3.-(1)
There is hereby established a Labour Advisory Board which shall consist of such
Government officers and representatives of employers
and employees and such
other persons as the Minister way appoint
thereto.
(2) The chairman of the
Board shall be appointed by the
Minister.
(3) The Permanent
Secretary shall appoint a suitable person to be secretary to the
Board.
(4) Subject to the
provisions of this section, the Board may regulate its own
procedure.
(5) The Board shall
cause proper records of its proceedings to be kept.
Duties of Board
4.
The Board shall consider and advise the Minister upon matters connected with
employment and labour and upon any questions referred
to the Beard by the
Minister.
PART III-APPOINTMENT, POWERS AND DUTIES OF OFFICERS
Appointment of officers
5.-(1)
The Public Service Commission may appoint a Permanent Secretary of Labour, and
such other officers as may be necessary for the
purposes of the administration
of this Act.
(2) Any officers
appointed under or for the purposes of administration of the Labour Ordinance
shall, notwithstanding any repeal thereof,
be deemed to have been appointed for
the purposes of this
Act.
(Cap. 92 1955
Edition)
Delegation by Permanent Secretary
6.
The Permanent Secretary may delegate in writing to any Government officer the
exercise of any of his powers and the performance
of any of his duties either in
Fiji as a whole or in any part thereof in relation to any matter or thing
provided for by this Act.
Permanent Secretary may call for returns
7.
In addition to any other powers conferred upon him under the provisions of this
Act, the Permanent Secretary may require any employer
to furnish in writing
returns and statistics, whether periodically or otherwise, as to the number of
employees employed by him in
any particular employment and the rates of
remuneration and the conditions generally affecting such
employment.
Institution of proceedings
8.
The Permanent Secretary, any labour officer, or any labour inspector authorised
by the Permanent Secretary in writing, may-
(a) institute proceedings in respect of any offence committed by any person against any of the provisions of this Act, and may prosecute and may appear in such proceedings;
(b) institute or appear or institute and appear on behalf of any employee in any civil proceedings by an employee against his employer in respect of any matter or thing or cause or action arising out of or in the course of the employment of such employee.
Powers of Officers
9.-(1)
For the purpose of satisfying himself that the provisions of this Act are being
duly observed the Permanent Secretary, any labour
officer, medical health
inspector or labour inspector may at all reasonable times-
(a) enter, inspect and examine any land, building, camp, vessel or vehicle, or any place whatsoever where or about where any employee is housed or employed or where there is reason to believe that any employee is housed or employed;
(b) enter, inspect and examine any hospital or dispensary, or any latrines or other sanitary arrangements used or intended to be, used by employees in ally place or building or ally water supply available for the use of employees, and take samples from the said water and inquire and ascertain whether in any such hospital, dispensary or place of employment suitable medicines and remedies are provided for the use of employees;
(c) inspect and examine kitchens and places in which food provided for the use of employees is stored, prepared or eaten, and inspect, examine and take samples of all such food;
(d) require any employer to produce any employee employed by him and documents or records which the employer is required to keep under the provisions of this Act or the Fiji National Provident Fund Act or any other documents or records relating to the employment of such employee, and for this purpose, may by notice in writing served on an employer in accordance with the provisions of subsection (6) of section 2 of the Interpretation Act or in any case by sending it by registered post to an employer's address, require such production at any place reasonably accessible to such employer on a date and at a time specified in such notice provided that the date so specified shall not be less than fourteen days from the date of service of such notice and the notice shall be deemed to have been served upon the employer when the notice would arrive at the nearest post office in the ordinary course of post;
(Cap. 219. Cap. 7.)
(Substituted by 31 of 1975, s. 4)
(e) take or remove for the purposes of analysis samples of material and substances used or handled, subject to the employer or any person acting on his behalf being notified of any samples or substances taken or removed for this purpose;
(f) interrogate, alone or in the presence of witnesses, the employer or any person employed by him on any matter connected with the employment of any person or the carrying out of the provisions of this Act, and may make application for information to any other person whose evidence is considered to be necessary;
(g) inquire from any employer or any person acting on his behalf regarding any matters connected with the carrying out of any of the provisions of this Act:
Provided
that the Permanent Secretary, officer or inspector, as the case may
be-
(a) shall not enter or inspect a private dwelling-house without the consent of the occupier thereof;
(b) on the occasion of a visit or inspection, shall notify the employer or his representative of his presence, unless he has reasonable ground for believing that such notification may be prejudicial to the performance of his duties;
(c) is so required by the employer, shall be accompanied during any inspection or examination by the employer or his representative.
(2)
The Permanent Secretary, and any labour officer, medical officer, health
inspector or labour inspector may at all reasonable times
inspect and take
samples of and require any additions or replacements to be made to any drugs or
dressings provided for the use or
benefit of employees under the provisions of
this or any other Act or contract of
service.
(3) If, in the opinion of
the Permanent Secretary or any labour officer, any land, building, camp or
vessel where or about which any
employee is living or where any employee is,
employed or which is provided for the use of any such employee is insanitary or
is in
such condition as to be dangerous. to health or unfit for occupation or
use by such employee, the Permanent Secretary or such labour
officer may in
writing direct the person for the time being responsible for the management of
the same to discontinue such occupation
or use from a date to be specified in
such direction until such requirements of repair or reconstruction or otherwise
as may be specified
in the direction have been fulfilled and until the same has
been certified by the Permanent Secretary or such officer to be fit for
further
occupation or use.
(4) The
Permanent Secretary, any labour officer or labour inspector may copy or make
extracts from any document or records in the
possession of any employer which
relate to any employee.
(5) The
provisions of this section shall be in addition to and not in derogation from
any other powers or duties conferred or imposed
upon any person by the
provisions of this Act.
Appeal
10.-(1)
Where, under the provisions of subsection (3) of section 9, the Permanent
Secretary or any labour officer gives any direction,
the person to whom the
direction is addressed, if he is of the opinion that the terms of such direction
a harsh or unreasonable or
that the requirements of the direction cannot be
carried out within a reasonable time, may, after giving notice thereof to the
Permanent
Secretary, appeal to a court of a resident magistrate having
jurisdiction nearest the place where such land, building, camp or vessel
is
situated.
(2) Every such appeal
shall be made within thirty days from the date on which the said direction was
communicated to such person.
Duties of officers
11.-(1)
Subject to such exceptions as may be prescribed by the Minister, the Permanent
Secretary, a labour officer or labour inspector-
(a) shall not have any direct or indirect interest in any undertaking under his supervision;
(b) shall not, make use of or reveal, even after leaving Government service any manufacturing or commercial secrets or working processes which may come to his knowledge in the course of his duties;
(c) shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions relating to conditions of work and the protection of workers while engaged their work, and shall give no intimation to the employer or representative that a visit of inspection was made in consequence the receipt of such a complaint.
(Inserted by 2 of 1968, s. 4.)
(2)
Any Government officer who contravenes any of the provisions subsection (1)
shall commit an offence against this Act and shall
be liable conviction to a
fine not exceeding one thousand dollars or to imprisonment for a term not
exceeding three years.
Offence to delay or obstruct officer
12.-(1)
Every person who wilfully delays or obstructs the Permanent Secretary or any
labour officer, medical officer, health inspector
or labour inspector while such
officer or inspector is exercising any power or performing a duty conferred or
imposed upon him by
this Part or who fails to comply with a direction,
requirement, request, demand or inquiry of such officer or inspector made or
given
in pursuance of any powers conferred on him by this Part or who conceals
or prevents any person from appearing before or being examined
by such officer
or inspector shall commit an offence against this Act and each such offending
person shall be liable on conviction
to a fine not exceeding two hundred dollars
and in the case of a continuing offence to a fine not exceeding ten dollars for
day for
every day during which the offence
continues.
(Amended
by 26 of 1970, s. 3.)
(2) If any
person makes or causes to be made or knowingly allows to be made any entry in a
record required by this Part to be kept
by employers, which he knows to be false
in a material particular, or for purposes connected with this Part, produces or
furnishes,
or causes or knowingly allows to be produced or furnished any wages
sheet, record, list or information which he knows to be false
in a material
particular, he shall be guilty of an offence and shall be liable on conviction
to a fine not exceeding two hundred
dollars or to a period of imprisonment not
exceeding six months or to both such fine and
imprisonment.
(Inserted
by 31 of 1975, s. 5.)
PART IV-CONTRACTS OF SERVICE GENERALLY
Employment to be in accordance with Act
13.-(1)
No person shall employ any employee and no employee shall be employed under any
contract of service except in accordance with
the provisions of this
Act.
(2) Notwithstanding anything
to the contrary contained in any law for the time being in force in Fiji, the
attestation of any contract
entered into under the provisions of this Act shall
be exempt from stamp duty.
Existing contracts to continue in force
14.
All contracts of service valid and in force at the commencement of this Act
shall continue to be in force after such commencement
and to the extent that the
same are not in
conflict with the provisions of this Act
shall be deemed to be made under this Act and the parties thereto shall be
subject to and entitled to the
benefit of the provisions hereof.
Contracts of service, oral and written
15.-(1).
Contracts of service may be oral or written
contracts.
(2) The provisions of
this Part shall, unless the contrary intention appears, apply to both oral and
written contracts.
Duty of employer to provide work
16.
Every employer shall, unless the employee has broken his contract of service or
the contract is frustrated or its performance prevented
by act of God, provide
his employee with work in accordance with the contract during the period for
which the contract is binding
on a number of days equal to the number of working
days expressly or impliedly provided for in the contract, and if the employer
fails to provide work as aforesaid he shall pay to the employee, in respect of
every day on which he shall so fail, wages at the
same rate as if the employee
had performed a day's work.
Contract expiring on journey may be prolonged
17.
If the contract period in any contract of service shall expire, or if an
employee shall seek to terminate any contract of service
wherein no agreement is
expressed respecting the contract period whilst the employee is engaged in any
voyage or journey, the employer
may, for the purpose of completing such voyage
or journey, prolong the contract period by a period of time sufficient to enable
the
voyage or journey to be
completed:
Provided that no such
contract shall be prolonged pursuant to the provisions of this section for a
longer period of time than three
months without the written permission of the
Permanent Secretary being first obtained.
Death of employee
18.
In the case of an employee dying during the contract of service the employer
shall, as soon as practicable after the death of the
employee, pay or deliver to
any district officer or labour officer all wages and other remuneration due to
the deceased employee
and all property belonging to the deceased employee and
such district officer or labour officer shall pay such wages or other
remuneration
or deliver such property to any person entitled to receive
them.
(Amended by
Act 31of 1975, s. 6.)
No wages to be payable to employee for period of imprisonment
19.
No wages shall be payable by an employer to any employee in respect of the
period of any imprisonment under any law.
PART V-ORAL CONTRACTS OF SERVICE
Application
20.
The provisions of this Part shall apply to oral contracts.
Contract not required to be in writing
21.
All contracts of service, other than contracts which are required by this Act or
any other law to be made in writing, may be made
orally.
Presumption as to period of oral contracts and termination of oral contracts
22.-(1)
In the absence of any proof to the contrary, an oral contract shall, subject to
the provisions of subsection (3), be deemed
to be a contract for the period by
reference to which wages are payable under the contract but in any case shall
not extend for a
period longer than one month from the making
thereof:
Provided that where wages
are payable at intervals of less than a day, then in the absence of any proof to
the contrary, any such
oral contract as aforesaid shall be deemed to be a daily
contract.
(Amended
by Act 2 of 1968, s. 5.)
(2)
Subject to the provisions of subsection (3) and any proof to the contrary, an
oral contract shall terminate on the last day of
the contract period, or in the
case of a daily contract at the end of the
day.
(3) Where an oral contract
which would, under the provisions of subsection (1), be deemed to be a monthly
contract, is entered into
after the first day of any calendar month, the
following provisions shall, subject to any proof to the contrary, have
effect-
(a) the contract shall, until the expiry of the calendar month during which it was entered into, be deemed to be a contract for the period commencing on the day on which it was entered into and terminating on the last day of the calendar month during which it was entered into;
(b) notwithstanding the provisions of paragraph (a), if. after the termination of such contract under the provisions of that paragraph. a new contract is deemed or presumed to have been entered into under the provisions of section 23 the period of the new contract shall be presumed or deemed. as the case may be. to be the full calendar month next ensuing after such termination.
Presumption as to new contract
23.-(1)
Subject to the provisions of subsection (3) of section 22 and subsection (2) of
section 25, each party to an oral contract shall,
on the termination of the
contract under subsection (2) or (3) of section 22 be conclusively presumed to
have entered into a new
oral contract for the same period and upon the same term
and conditions as those of the contract then terminated, unless notice to
terminate the employment has been previously given by either party in accordance
with the provisions of section
24.
Provided- that nothing in this
subsection shall apply to-
(a) a contract specifically expressed to be terminable without notice; or
(b) a contract specifically expressed to be for one period of fixed duration and not renewable; or
(c) a daily contract where the wages are paid daily.
(2)
Where notice has been given to terminate any employment, but after the
termination of the current contract period the employer
suffers the employee to
remain or the employee, without the express dissent of the employer, continues
in employment then, unless
the contrary is shown, such notice shall be deemed to
be withdrawn with the consent of both parties and the parties shall, subject
to
the provisions of subsection (3) of section 22, be deemed to have entered into a
new contract for the same period and upon the
same terms and conditions as those
of the contract previously concluded.
Provisions as to notice
24.-(1)
For the purposes of subsection (1) of section 23, an oral contract shall,
subject to any specific agreement to the contrary that
may be made between the
parties, be terminable by either party-
(a) where the contract period is less than one week and wages are paid at intervals of less than one week, at the close of any day without notice;
(b) where the contract period is one week or more but less than a fortnight or where wages are paid weekly or at intervals of more than a week but less than a fortnight, by not less than seven days' notice before the expiration of such period;
(c) where the contract period is a fortnight or more but less than a month or where wages are paid fortnightly or at intervals of more than a fortnight but less than a month by not less than fourteen days' notice before the expiration of such period;
(d) where the contract period is one month, by not less than one month's notice before the expiration of such period.
(2)
Notice may be given orally or in
writing.
(Substituted
by Act 2 of 1968, s. 6.)
Further provisions as to termination of contracts
25.-(1)
Where an oral contract is terminated and no new contract is entered into or is
presumed or deemed to have been entered into
under the provisions of section 23,
there shall be paid to the employee all wages and benefits then due to
him.
(2) Notwithstanding the
provisions of section 22 or 23 either party to an oral contract may terminate
the same at any time under the
following conditions:-
(a) in the case of a contract to which subsection (1) of section 22 applies-
(i) if such contract is terminated on or prior to the last date by which the minimum notice may be given under section 24, upon, payment to the other party of a sum equal to all wages which would have been due to the employee had he continued to work until the end of the contract period;
(ii) if such contract is terminated after the last date by which the minimum notice may be given under section 24, upon payment to the other party of such sum as is required in sub-paragraph (i), together with a sum equal to the wages due to the employee in respect of the period between the last day of the current contract period and the end of the minimum period of notice required to be given under section 24;
(b) in the case of a contract which may be terminated without notice, upon the payment of a sum equal to all wages which would have been due to the employee had he continued to work until the end of the contract period.
(3)
Where any agreement is made between the parties to a contract providing for a
period of notice greater than the minimum period
specified in subsection (1) of
section 24, the provisions of subsection (2) shall be construed as if the
minimum period of notice
provided for in such agreement were substituted for the
minimum period of notice specified in subsection (1) of section
24.
(4) Nothing in section 22 or
23 or in subsection (2) shall preclude either party from summarily terminating
any oral contract for
lawful
cause.
(5) The termination of any
contract under the provisions of section 22 or 23 of subsection (2), shall be
without prejudice to any
accrued rights or liabilities either party under the
contract.
Task, piece work or journey
26.-(1)
A contract of service may be made under which a task or piece work is to be
executed or a journey is to be performed for an
agreed remuneration, and shall
terminate-upon the execution of the task or piece work or the completion the
journey. as the case
may be.
(2)
When a task has not been completed the employee shall, at the option his
employer, be entitled to be paid by his employer at the
end of the day
proportion to the amount of the task which has been performed or to complete.,
task on the following day, in which
case he shall be entitled to be paid
completion of the task.
(3) In the
case of piece work, the employee shall be entitled to be paid wages
by his
employer at the end of each calendar
month in proportion to the amount of work which he has performed during such
month, or on completion
of the work whichever date is the
earlier.
Wages, when due
27.
The times when wages shall be deemed to
be due and payable from employer to an employee shall be-
(a) in the case of an employee employed on a task, as provided for section 26;
(b) in the case of an employee employed on piece work, as provided for section 26;
(c) in the case of an employee employed to perform a journey, completion of the journey;
(d) in the case of an employee employed under a daily contract where, by agreement or custom, wages are not paid daily but are paid at intervals not exceeding one month, in accordance with such agreement or custom:
Provided that where any such contract is terminated and no new contract is entered into or presumed or deemed to have been entered into prior to the time at which wages are due and payable at the time when such contract is terminated;
(e) in the case of an employee employed under any oral contract not falling within any of the preceding paragraphs, at the end of the contract period as determined under the provisions of section 22.
Summary dismissal
28.
An employer shall not dismiss an employee summarily except in the following
circumstances:
(a) where an employee is guilty of misconduct inconsistent with the fulfilment of the express or implied conditions of his contract of service;
(b) for wilful disobedience to lawful orders given by the employer;
(c) for lack of the skill which the employee expressly or by implication warrants himself to possess;
(d) for habitual or substantial neglect of his duties;
(e) for continual absence from work without the permission of the employer and without other reasonable excuse.
Right to wages on dismissal for lawful cause
29.
Where an employee is summarily dismissed for lawful cause, he shall be paid on
dismissal the wages due to him up to the time of
his dismissal.
Quantum meruit
30.
Subject to the provisions of this Act and to the terms, express or implied, of
the contract of service, upon the termination of
any oral contract the employee
shall be paid wages upon a
quantum meruit
in respect of the performance by him in
whole or in part of the contract.
PART VI-WRITTEN CONTRACTS
Application and interpretation
31.-(1)
The provisions of this Part shall apply to written contracts, not including
contracts of apprenticeship entered into under the
provisions of the Fiji
National Training Act or any other law amending or replacing the
same.
(cap.
93.)
(Amended by
37 of 1966, s. 99, and 31 of 1975, s.
7.)
(2) In this Part, unless the
context otherwise requires-
"the Convention" means the Contracts of Employment (Indigenous Workers) Convention, 1939, and the Contracts of Employment (Indigenous Workers) Convention, 1947;
"contract" means a written contract.
Certain contracts to be in writing
32.-(1)
When a contract of service of an employee-
(a) is made for a period of or exceeding six months or a number of working days equivalent to six months; or
(b) stipulates conditions of employment which differ materially from those customary in the district of employment for similar work; or
(c) is a foreign contract of service,
the contract shall be made in writing.
(2)
The employee shall indicate his consent to the contract either by signing the
same or by affixing thereto the impression of his
thumb or
finger.
(3) If a contract of
service which is required by subsection (1) to be made in writing has not been
made in writing, it shall not
be enforceable except during the period of one
month from the making thereof.
(4)
The employer shall be responsible for the performance of any contract made by
any person acting on his behalf.
Family not bound by contract
33.
No contract shall be deemed to be binding on the family of an employee unless it
contains an express provision to that effect.
Form and contents of contract
34.
Every contract shall be in such form and shall contain all such particular
necessary to define the rights and obligations of the
parties as may be
prescribed.
Attestation of contracts
35.-(1)
Every contract shall be presented for attestation to a district officer, labour
officer or other officer authorised for the
purpose by the Permanent Secretary
(in this Part referred to as the "attesting
officer").
(2) Before attesting
any contract the attesting officer shall-
(a) ascertain that the employee has freely consented to the contract, and that his consent has not been obtained by coercion or undue influence, or as the result of misrepresentation or mistake; and
(b) satisfy himself that
(i) the contract is in due legal form;
(ii) the terms of the contract are in accordance with the requirements of this Act;
(iii) the employee has fully understood the terms of the contract before signing it or otherwise indicating his assent;
(iv) the provisions relating to medical examination which are contained in this Part have been complied with; and
(v) the employee declares himself not bound by any previous engagement.
(3)
An attesting officer may refuse to attest any contract in respect of which he is
not satisfied in regard. to any of the matters
specified in subsection (2), and
any contract which an attesting officer has refused to attest shall have no
further validity.
(4) A contract
which has not been attested shall not be enforceable except during the period of
one month from the making thereof,
but each of the parties shall be entitled to
have it presented for attestation at any time prior to the expiry of the period
for
which it was made.
(5) In
addition to the original of every contract attested under this Act, three copies
shall also be made. One copy shall be delivered
to the employer, one to the
employee, or in the case of a batch of employees to one of their number, and one
to the Permanent Secretary.
The original of every attested contract shall be
deposited with and preserved by the attesting Officer.
Medical examination
36.
(1) Every employee who enters into a contract shall be examined by a medical
officer.
(2) Whenever it is
practicable, the employee shall be medically examined and a certificate issued
before the attestation of the
contract.
(3) Where it has not
been possible for the employee to be medically examined before the attestation
of the contract, the attesting
officer shall endorse the contract to that effect
and the employee shall be examined at the earliest possible
opportunity.
(4) Any employee who has been
rejected after such examination as is hereinbefore mentioned as physically unfit
for the work contemplated
by the proposed contract, shall be returned to the
place of engagement at the expense of the employer should the employee wish to
return.
(5) If any employer shall
not within a reasonable time return any employee to the place of engagement as
required by subsection (4),
the proper authority may return such employee to the
place of engagement and any expenses incurred thereby shall be recoverable as
a
civil debt at the suit of the Permanent Secretary from the
employer.
(6) There shall be paid
to a medical officer by the employer in respect of each employee examined by him
under the provisions of this
section such fee as may be
prescribed.
(7) The Permanent
Secretary may exempt from the requirement of medical examination employees
entering into contracts for-
(a) employment in any agricultural undertaking not employing more than twenty-five employees; or
(b) employment in the vicinity of the employee's home on work which is not of a dangerous character or likely to be injurious to the health of the employees.
Contracts by children and young persons
37.-(1)
A child shall not be capable of entering into a
contract.
(2) A young person shall
not be capable of entering into a contract except for employment in an
occupation approved by a district
officer or labour officer as not being
injurious to the moral or physical development of
non-adults.
(3) The provisions of
this section shall apply notwithstanding anything contained in Part
VIII.
Period of service
38.
The maximum period of service that may he stipulated in any contract the
employment of an employee shall be one year if the employee
is not accompanied
by his family:
Provided that this
period may be extended to two years if the employee is accompanied by his
family.
Transfer to other employer
39.-(1)
The transfer of any contract from one employer to another shall be subject to
the consent of the employee and the endorsement
of the transfer upon the
contract by an attesting officer. Any such transfer as aforesaid without such
endorsement thereon shall
be null and
void.
(2) Before endorsing the
transfer upon the contract such officer shall ascertain that the employee has
freely consented to the transfer
and that his consent has not been obtained by
coercion or undue influence or as the result of misrepresentation or
mistake.
Termination of contract by expiry of the term of service or by death
40.-(1)
Subject to the provisions of section 41, a contract shall be
terminated-
(a) by the expiry of the term for which it was made; or
(b) by the death of the employee before the expiry of the term for which it was made.
(2)
The termination of a contract by the death of the employee shall be without
prejudice to the legal claims of his heirs or personal
representatives.
Termination of contract in other circumstances
41.-(1)
If the employer is unable to fulfil the contract, or if owing to sickness or
accident the employee is unable to fulfil the contract,
the contract may be
determined with the consent of a district officer or labour officer, subject to
conditions safeguarding the right
of the employee to any wages earned, and
compensation due to him in respect of accident or disease and his right to
repatriation.
(2) A contract may
be determined by agreement between the parties with the consent of a district
officer or labour officer, subject
to conditions safeguarding the employee from
the loss of his right to repatriation, unless the agreement for the termination
of the
contract otherwise provides and such officer shall satisfy
himself-
(a) that the employee has freely consented to the agreement and that his consent has not been obtained by coercion or undue influence or a: the result of misrepresentation- or mistake; and
(b) that all monetary liabilities between the totes have been settled.
(3)
A contract may he determined on the application of either party to a
court.
Repatriation
42.-(1)
Every employee who is a party to it contract and who has been brought to the
place of employment by the employer or by person
acting or behalf of the
employer shall have the tight to be repatriated at the expense of the employer
to his place of engagement
in the following cases:-
(a) on the expiry of the period of service stipulated in the contract;
(b) on the termination of the contract by reason of the inability of the employer to fulfil the contract;
(c) on the termination 61 by reason of the inability of the employee to fulfil the contract owning to sickness or accident;
(d) on the termination of the contract by agreement between the parties unless the agreement otherwise provides;
(e) on the termination of the contract by order of a court in pursuance of its powers under Part XI on the application of either of the parties, unless the court otherwise decides.
(2)
Where the family of the employee has been brought to the place of employment by
the employer or by any person acting on behalf
of the employer, the family shall
be repatriated at the expense of the employer whenever the employee is
repatriated or in the event
of his
death.
(3) The expenses of
repatriation shall include-
(a) travelling and subsistence expenses or rations during the journey; and
(b) subsistence expenses or rations during the period, if any, between the date of termination of the contract and the date of repatriation.
(4)
The employer shall not be liable for subsistence expenses or rations in respect
of any period during which the repatriation of
the employee has been
delayed-
(a) by the employee's own choice; or
(b) for reasons of force majeure, unless the employer has been able during the said period to use the services of the employee at the rate of wages stipulated in the contract.
(5)
If the employer fails to fulfil his obligations in respect of repatriation, the
said obligations shall be discharged by or under
the directions of the proper
authority, and any sums so expended may be recovered from the employer at the
suit of the Permanent
Secretary.
(6) Any employer who
fails without reasonable excuse to comply with any of the provisions of this
section relating to the repatriation
or payment of expenses of repatriation of
any employee or the family of any employee shall commit an offence against this
Act.
Exemption from obligation to repatriate
43.
The proper authority may exempt the employer from liability for repatriation
expenses in the following cases:-
(a) when such authority is satisfied-
(i) that the employee, by a declaration in writing or otherwise, has signified that he does. not wish to exercise his right to repatriation; and
(ii) that the employee has been settled at his request or with his consent at or near the place of employment;
(b) when such authority is satisfied that the employee, by his own choice, has failed to exercise his right to repatriation before the expiry of six months from the date of termination of the contract;
(c) when the contract has been terminated by order of a court in consequence of a fault of the employee;
(d) when the contract has been terminated otherwise than by reason of the inability of the employee to fulfil the contract owing to sickness or accident and such authority is satisfied-
(i) that in fixing the rate of wages, proper allowance has been made for the payment of repatriation expenses by the employee; and
(ii) that suitable arrangements have been made to ensure that the employee has the funds necessary for the payment of such expenses.
Employer to provide transport on repatriation
44.-(1)
The employer shall whenever possible provide transport for employees who are
being repatriated.
(2)The proper
authority shall taken all necessary measures to ensure and may give such
directions to the employer or any person acting
on behalf of the employer as
will ensure-
(a) that the vehicles or vessels used for transport of employees are suitable for such transport, are in good sanitary condition and are not overcrowded;
(b) that when it is necessary to break the journey for the night, suitable accommodation shall be provided for the employees.
(3)
Any person who fails without reasonable excuse to comply with the provisions of
this section or with any directions of the proper
authority lawfully given under
the provision of this section shall commit an offence against this
Act.
Period of service on re-engagement
45.-(1)
The maximum period of service c that may be stipulated in any re-engagement
contract made on the expiry of a contract shall be
twelve
months:
Provided that in a
re-engagement contract with an employee who is accompanied by his wife and
children the maximum period shall be
two years.
(2) Where the period of service to be stipulated in any re-engagement contract, together with the period already served under the expired contract, involves the separation of any employee from his family for more than twelve months, the employee shall not begin the service stipulated in the re-engagement contract until he has had the opportunity to return home at the employer's expense.
(3) Except as provided in
subsections (1) and (2) all the provisions of the preceding sections of this
Part shall apply to re-engagement
contracts:
Provided that the
proper authority may at his discretion exempt any employee from the provisions
of section 36 relating to medical
examination.
Summary of this Part to be brought to notice of employees
46.-(1)The
Permanent Secretary shall, where necessary, cause concise summaries of this Part
to be Printed in English and in a language
known to the employees and shall make
such summaries available to the employers and employees
concerned.
(2) Where necessary the
employer may be directed by the Permanent Secretary to post such summaries in a
language known to the employees
in conspicuous places.
Foreign contracts of service and contracts made abroad
47.-(1)
When a contract made within Fiji relates to employment in another territory (in
this section referred to as the "territory of
employment") and is a "foreign
contract of service" as defined in section 2, then the provisions of this Part
shall apply in the
following manner, that
is
to say:
(a) the attestation of the contract required by section 35 shall take place before an attesting officer before the employee leaves Fiji;
(b) the provisions of subsection (5) of section 35 shall apply as if the copy of the contract required thereunder to he delivered to the Permanent Secretary were required to be sent to the Government of the territory of employment for transmission to the appropriate officers in that territory;
(c) the medical examination required by section 36 shall take place at the latest at the time and place of the departure of the employee from Fiji;
(d) a person whose apparent age is less than either sixteen years or the minimum age of capacity for entering into contracts prescribed by the law of the territory of employment,: if such minimum age is higher than sixteen years, shall not be capable of entering into such a contract;
(e) the period of service. stipulated in the contract shall not exceed either two years in the case of an employee accompanied by his family, or, in other cases, one year; or the maximum period prescribed by the law of the such maximum period is less than two years, or, one year, as the case may be;
(f) the conditions under which the contract is subject to termination shall be determined by the law of the territory of employment;
(g) the Permanent Secretary shall co-operate with the appropriate authority of the territory of employment to ensure the application of subsection (2) of section 44;
(h) the period of service stipulated in any re-engagement contract shall not exceed the maximum period allowed by the law of the territory of employment, if the latter maximum period be less than the former.
(2)
When a contract made within another territory (in this section referred to as
"the territory of origin") employment in Fiji, the
provisions of this Act shall
apply in the following manner:-
(a) the endorsement of a transfer as required by section 39 shall be made by an attesting officer of Fiji;
(b) the conditions under which the contract is subject to termination shall be determined by the provisions of this Act;
(c) if the employer fails to fulfil his obligations in respect of repatriation, the said obligations shall be discharged by the Permanent Secretary, who may recover the amount so expended by civil suit;
(d) the authority which may exempt the employer from liability for repatriation expenses shall be the Permanent Secretary;
(e) the Permanent Secretary shall co-operate with the appropriate authority of the territory of origin to ensure the application of subsection (2) of section 44.
(3)
When the Convention is not in force for the territory of employment the
provisions set forth in subsection (1) shall
apply:
Provided that the attesting
officer of Fiji shall not attest the contract unless he is satisfied that the
employee will be entitled
in the territory of employment, either in virtue of
the law of that territory or in virtue of the terms of the contract, to the
rights
and protection specified in sections 39 to 45.
Security by employer
48.-(1)
When the employer in a foreign contract of service does not reside or carry on
business within Fiji, the employer or his agent
if so required by the district
officer or labour officer attesting the contract shall give security by bond in
the form prescribed
or to the like effect with one or more sureties to be
approved of by the said district officer or labour officer conditional for
the
due performance of the contract, in such sums as the district officer or labour
officer, subject to the provisions of subsection
(2), may consider
reasonable.
(2) A bond entered into for the purpose of this section shall be enforceable to any district officer or labour officer according to its purpose without any assignment and shall be binding as a deed without being sealed.
(3) Any money recovered
under the bond shall be applied by such district officer or labour officer in or
towards satisfaction of the
claims of the employee employed under the contract,
in such proportions as the district officer or labour officer in his absolute
discretion shall think just. Any balance remaining after satisfaction of such
claims shall be returned to the employer.
Penalty for inducing. persons to proceed abroad under informal contract
49.
Whoever-
(a) induces or attempts to induce any person to proceed beyond Fiji with a view to being employed or continuing his employment outside Fiji without a foreign contract of service and otherwise than in accordance with the provisions of this Part; or
(b) knowingly aids in the engagement or transfer of any such person induced by forwarding or conveying him or by advancing money or by any other means whatsoever,
shall
commit an offence against this Act and be liable upon conviction to a fine
not
exceeding two hundred dollars or to
imprisonment for a term not exceeding ................ months or to both such
fine and imprisonment.
PART VII-PROTECTION OF WAGES
Payment of wages
50.-(1)
An employer shall be liable to a fine not exceeding two hundred dollars or to a
period of imprisonment not exceeding six months
or to both such fine and
imprisonment if he is guilty of any of the following acts or
omissions:-
(a) if on demand being made by the employee, the Permanent Secretary or any labour officer or any labour inspector, he fails within seven days of such demand to pay any wages due to an employee:
Provided that-
(i) where a contract provides for the payment of wages at the end of the contract period; and
(ii) where a contract is being terminated in accordance with sections 22, 24 or 28, all wages due to an employee shall be paid on demand within twenty-four hours of the termination of contract or expiry of the period of notice as the case may be;
(b) if he pays any wages, or causes any payment of wages to be made, to the employee on any premises licensed for the sale of liquor, save as except such wages as are paid by or on behalf of a licensee to the employees;
(c) if he pays or agrees to pay the wages of an employee otherwise than in currency which is legal tender at the place where the wages are paid.
Provided that-
(i) where the employer and the employee agree in writing to that effect, the wages of an employee may be paid by means of a cheque made payable to the bearer on demand and which is drawn on a bank in Fiji, and
(ii) where the employer and the employee agree in writing to that effect, the whole or any part of the wages due to the employee may be paid into a bank account or credit union account standing in the name of such employee or jointly with one or more person;
(d) if he makes or agrees to make any deduction from the wages of an employee in the nature of a fine, or on account of bad or negligent work;
(e) if he imposes any conditions upon the expenditure of his wages by the employee;
(f) if he sells provisions to his employees or establishes a shop for the sale of articles to his employees except with the written permission of the Permanent Secretary and in accordance with such conditions as he may require:
Provided that the provisions of this paragraph shall not apply to any employees employed about in or any shop;
(g) if, except where otherwise expressly permitted by the provisions of this Act or any other law, he makes any deduction or makes any agreement or contract with any employee for any deduction from the wages to be paid by the employer to the employee, or for an, payment to the employer by the employee.
(Subsection amended by 2 of 1968, s. 7, and 31 of 1975, s. 9)
(2) Subject to the provisions of subsection (3), every employer shall, when paying an employee, provide such employee with a written statement containing the particulars set out in this subsection in respect of the relevant wage period and every employer failing so to do shall be guilty of an offence:-
(a) the employee's name and Fiji National Provident Fund membership number;
(b) the nature of employment or job classification;
(c) the days or hours worked at normal rates of pay;
(d) the rate of wages;
(e) the type of wage period;
(f) the amount of overtime worked during any wage period and the rate of wages payable for such overtime; and
(g) (i) the total earnings of the employee;
(ii) any allowances or other sundry payments due to the employee;
(iii) any, deductions made from the total earnings of the employee;
(iv) the total amount due to the employee after all deductions have been made in respect of each wage period.
Provided that the provisions
of this subsection shall not apply to the employer any domestic servant within
the meaning of this
Act.
(section
substituted by 26 of 19170. s. 4 and amended by 31 of 1975. s. 9 and 21 of 1976,
s. 2)
(3) Where an employee is engaged under a contract of service the terms of which provide that the employees wages shall be on the basis of an annual amount payable in not less than twelve nor more than twenty-six equal instalments, the employer shall be required to provide such employee with the statement prescribed under subsection (2) only on the following occasions:
(a) on the conclusion of the first full wage period after the commencement of service with the employer;
(b) in the event of there occurring any change in the particulars set out in subsection (2) in respect of an employee; and
(c) on termination of the contract of service.
(Inserted by 31 of 1975, s. 9)
(4) Nothing in this Act shall prevent any employer from paying to any member of an employee's family duly authorised by such employee in writing, any amount of wages due to him in respect of a current contract of service:
Provided
that-
(a) such wages shall be paid only after deductions expressly permitted by this Act or any other law have been made;
(b) where any employer has reason to doubt the authenticity of the written authority referred to in this subsection, he shall immediately refer the matter to a district officer, labour officer or labour inspector for investigation and pending the result of such investigation the wages shall be withheld;
(c) where in pursuance of paragraph (b) an employer has failed to refer the matter to a district officer, labour officer or a labour inspector and pays wages due to an employee to any person not entitled to receive them, such employer shall be liable to make good to the employee any wages so paid by error or mistake.
(5) Nothing in subsection (1) shall make it unlawful for an employer to enter into an agreement with an employee for the deduction from his wages of an agreed amount for specified periods of absence.
(6) The provisions of section
219 of the Criminal Procedure Code shall not apply to any proceedings instituted
under subsection
(1):
(Cap.
21)
Provided that no such proceedings shall be instituted after the expiration of three years from the date on which the act or omission constituting the offence occurred. (Inserted by 2 of 968, s. 7)
Authorised deductions from wages
51.-(1)
Notwithstanding any other provision of this Act-
(a) an employer may-
(i) deduct from the wages of an employee any amount due by such employed' in respect of any tax or rate imposed by law; or
(ii) with the written consent of the employee, deduct any amount due by such employee as a contribution to any provident fund, school fund pension fund, sports fund, superannuation scheme, lift insurance scheme trade union or co-operative society of which the employee is a member and shall on behalf of such employee pay the amount so deducted to the person empowered to collect such tax or rate or entrusted with the management of such fund, scheme, trade union or co-operative society;
(b) an employer may make deductions from the wages of an employee-
(i) in respect of loss of or damage to any tools or other property of an employer caused by the neglect or default of such employee:
Provided that such deductions shall be made up to such maximum amounts, and in accordance with such terms and conditions as may be prescribed;
(ii) to the extent of any over-payment made during the immediately preceding three months by the employer to the employee by the employer's mistake;
(c) an employer may make deductions at the request in writing of an employee-
(i) in respect of articles or provisions purchased on credit by him from the employer:
Provided that in no circumstances shall the price which the employer charges an employee for such articles or provisions exceed. the lowest, price at which he would sell such articles or provisions retail to a member of the public;
(ii) in respect of charges for the cost of accommodation, fuel or light supplied by the. employer and used by an employee:
Provided that the deduction in respect of such accommodation, fuel and light shall not exceed fifteen per cent of such employee's wages in respect of any one wage period;
(iii) in respect of food or victuals cooked, prepared and eaten on the employer's premises.
(2)
Notwithstanding any other provision of this Act to the contrary,
where-
(a) an employer makes a loan to an employee;
(b) the total amount of the loan has been paid by the employer to the employee in cash or by cheque; and
(c) a memorandum of the transaction has been made and signed by or on behalf of both employer and employee providing for the repayment of the loan by one or more instalments,
the
employer may deduct from the wages due to the employee such instalments at such
times as are set out in the
memorandum.
(3) The amount of any
deductions made under the provisions of subsection (2) together with the amount
of any other deductions permitted
by this Act shall not amount in any wage
period to more than fifty per cent of the employee's wages due to such employee
in respect
of such wage
period.
(Inserted
by 31 of 19175, s. 10)
Remuneration other than wages
52.
Nothing in this Act shall render illegal any agreement or contract with an
employee for giving to him food, a dwelling place, or
other allowances or
privileges, in addition to money wages, as remuneration for his
services:
Provided that no
employer shall give to an employee any intoxicating liquor by way of such
remuneration.
Interest on advances
53.-(1)
No employer shall make any deduction by way of discount, interest or any similar
charge on account of any advance of wages made
to any employee in anticipation
of the regular period of payment of such wages.
(2) Any employer who contravenes any of the provisions of subsection (1) shall commit an offence against this Act.
Priority of wages
54.
Notwithstanding the provisions of any law for the time being in force in Fiji,
whenever any attachment has been issued against the
property of an employer, the
proceeds realised in pursuance of such attachment shall not be paid by any;
court to any person until
any order obtained against such employer in respect of
an employee's wages has been satisfied to the extent of a sum not exceeding
four
month's wages of such employee, and the court has paid to the Permanent
Secretary such sum or sums (if any) as the employer
should have paid under the,
provisions of sections 36 and
42:
Provided that nothing in this
section shall be deemed to prevent an employee from recovering any balance due
on such order after such
satisfaction as aforesaid by ordinary process of
law.
Exemption of employer on conviction of actual offender
55.-(1)
Where an employer is charged with an offence under any of the provisions of this
Part, he shall be entitled, upon information
duly laid by him, to have any other
person whom he charges as the actual offender brought before the court at the
time appointed
for hearing the charge and if, after the commission of the
offence has been proved, the employer proves to the satisfaction of the
court
that he has used due diligence to enforce the provisions of this Part and that
such other person has committed the offence
in question without his knowledge,
consent or connivance, such other person shall be convicted of such offence and
the employer shall
be exempt from any
penalty.
(2) Where it is made to
appear to the satisfaction of a labour officer or labour inspector at the time
of discovering the offence
that the employer has used due diligence to enforce
the provisions of this Part, and also by what person such offence has been
committed,
then the labour officer or labour inspector shall proceed against the
person whom he believes to be the actual offender in the first
instance without
first proceeding against the employer.
Power of court to order payment to employee
56.-(1)
Where any employer or other person has been found guilty of an offence under the
provisions of this Part, a court may order such
employer or person to pay such
sum as is found by that court to be due to such employee by way of remuneration
or otherwise and to
be such as would have been paid to him if the provisions of
this Part had been complied
with.
(2) The power given by this
section for the recovery of sums due from an employer to an employee shall be in
addition to and not in
derogation from any right of any employee to recover such
sums by any other proceedings under this or other
law:
Provided that no person shall
be liable to pay twice in respect of the same cause of action.
PART VIII-WOMEN, YOUNG PERSONS AND CHILDREN
Application
57.
Save as is otherwise provided in this Act or any other law, the provisions of
this Part shall be in addition to and not in derogation
from any other
provisions of this Act or of any other law for the time being in force
regulating the relations between employer and
employee:
Provided that no
provision of this Part shall apply to an industrial or other undertaking, or to
any ship, in which only members of
the same family are employed, unless such
employment, by its nature and the circumstances in which it is carried on, is
dangerous
to the life, health or morals of the persons employed therein, or to
any school, institution or training ship which is for the time
being approved
and supervised by the Permanent Secretary for Education or some person appointed
by him in pursuance of any Act for
the time being in force relating to
education.
(Amended
by 37 of 1966, s. 100.)
Power to exempt certain occupations from the provisions of this Part
58.
If, having regard to the nature of the work involved in any occupation which
forms part of an industrial undertaking, the Minister
considers that such
occupation should be excluded from the provisions of this Part relating to
industrial undertakings he may declare,
by order, that employment in such
occupation shall be deemed not to be employment in an industrial undertaking for
the purposes of
this Part.
Employment of children under twelve years of age
59.-(1)
No child under the age of twelve years shall be employed in any capacity
whatsoever:
Provided that the
provisions of this section shall not apply to any such child employed in light
work suitable to his capacity in
an agricultural undertaking which is owned and
operated by the family of which he is a-
member.
(2) Any person who employs
any child under the age of twelve years in contravention of the provisions of
subsection (1) shall commit
an offence against this Act.
Employment of children
60.-(1)
A child shall be employed only-
(a) upon a daily wage and on a day to day basis; and
(b) upon the terms that he returns each night to the place of residence of his parent or guardian.
(2)
Any person who employs a child in contravention of any of the provisions of
subsection (1) shall commit an offence against this
Act.
Restriction on employment of children and young persons
61.-(1)
No child or young person shall be employed in any employment which in the
opinion of the proper authority is injurious to health,
dangerous, or is
otherwise unsuitable.
(2) No
person shall, after being notified in writing by the proper authority that the
kind of work upon which a child or young person
is employed is injurious to his
health, dangerous, or otherwise unsuitable, continue so to employ him. Such
notification may be made
generally or in any particular
case.
(3) Where any employment is
discontinued under the provisions of subsection (2), such discontinuance shall
be without prejudice to
the right of the child or young person to be paid such
wages as he may have earned up to the date of such discontinuance under the
terms of the contract of
service.
(4) Any person who
employs any child or young person in any employment which is injurious to
health, dangerous, or is otherwise unsuitable,
or who continues to employ any
young person in any work concerning which he has been notified by the proper
authority that it is
injurious to health, dangerous, or otherwise unsuitable,
shall commit an offence against this Act.
Children and young persons not to be employed against the wishes of parent or guardian
62.-(1)
No employer shall continue to employ any child or young person after receiving
notice, either orally or in writing, from the
parent, guardian or proper
authority, that the child or young person is employed against the wishes of such
parent or guardian.
(2) Any
employer who continues to employ any child or young person after receiving such
notice shall commit an offence against this
Act.
Restriction on employment of children in industrial undertaking
63-(1)
No child shall be employed in any industrial
undertaking.
(2) No child shall be
employed in any undertaking in attendance on
machinery.
(3) Any person who
employs a child in contravention of the provisions of this section shall commit
an offence against this
Act.
(Section
amended by 2, 1968, s. 8)
Hours of work for children and young persons
64.-(1)
A child shall not be employed or permitted to be employed for more than six
hours in a day nor for more than two hours without
a period of leisure of not
less than thirty minutes, and if such child is attending school the total time
spent in employment and
at school shall not exceed seven hours in a
day.
(2) No young person shall be
employed or permitted to be employed-for more than five hours without a period
of leisure of not less
than thirty minutes or for more than eight hours in a
day, and if the young person is attending school the total time spent by him
in
employment and at school shall not exceed nine hours a
day.
(3) The provisions of this
section shall not apply to any young person employed under a deed of
apprenticeship lawfully entered into
under the provisions of any law for the
time being in force.
(4) Any
person who employs a child or young person in contravention of the provisions of
this section shall commit an offence against
this Act.
Restriction on employment of women and young persons on night work
65.-(1)
Subject to the provisions of section 66, no woman or young person shall be
employed at night between the hours of 8 p.m. and
6 a.m. in any industrial
undertaking except-
(a) male young persons over the age of sixteen years employed in one of the following industrial undertakings on work which by reason of the nature thereof is required to be carried on continuously day and night, namely-
(i) manufacture of iron and steel, processes in which reverbertory or regenerative furnaces are used and galvanizing of sheet metal or wire (except for the pickling process);
(ii) glass works;
(iii) manufacture of paper;
(iv) manufacture of raw sugar; or
(v) mining, reduction, extraction or preparation of minerals;
(b) women, or male young persons over the age of sixteen years employed in cases of emergency which could not have been controlled or foreseen, which interfere with the normal working of the industrial undertaking and which are not of a periodical nature;
(c) women, in cases where the work is connected with raw materials or materials in the course of treatment and which are subject to rapid deterioration, and work during such hours as is necessary to preserve any such materials from certain loss;
(d) women holding responsible positions and not engaged in manual work.
(Amended by 2 of 1968, s. 9 and 31 of 1975, s. 11)
(2)
Any person who employs a woman or young person in contravention of any of the
provisions of subsection (1) shall commit an offence
against this
Act.
Emergencies
66.
In the case of any serious emergency, when the public interest demands it, the
Permanent Secretary may after consultation with the
employers' and workers'
organisations concerned, by notice in the Gazette, suspend the operation of
section 65 in so far as it affects
women and male young persons over the age of
sixteen
years.
(Amended by
2 of 1968, s. 10)
Restriction on employment of young persons in mines
67.-(1)
No young person shall be employed underground in any mine unless a certificate
that he is fit for such work has been given, signed
by a medical
officer.
(2) Any person who
employs a young person in contravention of the provisions of subsection (1),
shall commit an offence against this
Act.
Restriction on employment of children
68.
No child shall be employed on any ship ex except on a ship approved by the
Permanent Secretary for Education as a school or training
ship:
Provided that-
(a) the Permanent Secretary for Labour may, subject to such conditions as he may think fit to impose, give written approval to. the employment of a child over the age of fourteen years in any other ship, if he is satisfied, having regard to the health and physical condition of the child and to the prospective as well as to the immediate benefit to the child of the employment proposed that such employment will be beneficial to the child;
(b) the provisions of this section shall not apply in the case of a child over the age of twelve years who is employed in a ship operated by members of the child's family if the child is under the care of a relative who is a member of the crew of such ship, and is in the opinion of the Permanent Secretary for Labour, a fit and proper person to have charge of such child.
Trimmers and stokers
69.-(1)
No child or young person shall be employed or work as a trimmer or .stoker on
any ship:
Provided that a young
person may with the approval of the Permanent Secretary be employed on such work
on a ship approved by the Permanent
Secretary for Education as a school or on a
training ship, if such work is supervised by such authority as may be approved
by the
Permanent Secretary for
Labour.
(2) Any person who employs
any child or young person in contravention of the provisions of subsection (1)
shall commit an offence
and shall be liable upon conviction to a fine not
exceeding one hundred dollars and in the case of a second or subsequent offence
to a fine not exceeding two hundred dollars or to imprisonment for a term not
exceeding six months or to both such fine and
imprisonment.
(3) The provisions
of this section shall be in addition to and not in derogation from the
provisions of section 68.
Medical certificate
70.-(1)
No child or young person shall be employed in any ship unless he is in
possession of a certificate signed by a medical officer
to the effect that he is
fit for such employment.
(2)
Every- certificate issued under the provisions of this section shall be valid
for one year from the date of issue, unless revoked
under the provisions of
subsection (3):
Provided that if
such certificate expires during a voyage it shall be deemed to be valid until
the end of the voyage.
(3) Any
such certificate may at any time be revoked by a medical officer if he is
satisfied that the child or young person is no longer
fit for the
employment.
(4) Any person who
employs any child or young person in contravention of the provisions of
subsection (1) shall commit an offence
against this Act.
Employers of children and young persons to keep registers
71.-(1)
Every employer of young persons in an industrial undertaking, or of children
employed in an occupation which forms part of an
industrial undertaking, and
which has been deemed under the provisions of any order made under section 58
not to be employed in an
industrial undertaking for the purposes of this Part,
shall keep a register of all such children and young persons in his employment
and shall include in such register particulars of their ages or apparent ages,
the date of commencement and termination of their
employment, the conditions and
nature of their employment and such other particulars as may be prescribed, and
shall produce the
register for inspection when required by the proper
authority.
(2) Such register shall
be maintained separately and apart from any other
register.
(3) Any employer who
fails to keep a register as required by the provisions of subsection (1) or who
fails or refuses to produce such
a register when required to do so shall commit
an offence against this Act, and shall be liable upon conviction to a fine not
exceeding
one hundred dollars.
Restriction on employment of women in mines
72.-(1)
No female shall be employed on underground work in any mine except in the
following circumstances:
(a) a woman, holding a position of management who does not perform manual work;
(b) a woman engaged in health or welfare services;
(c) a woman who in the course of her studies spends a period of training in the underground parts of a mine; or
(d) a woman who may for any other reason occasionally have to enter the underground parts of a mine for the purposes of non-manual occupation.
(2)
Any person who employs a female in contravention of the provisions of subsection
(1) shall commit an offence against this Act.
Offences by parents and guardians
73.
Any parent or guardian of a child or young person who permits such child or
young person to be employed in contravention of any of
the provisions of this
Part shall commit an offence against this Act.
PART IX-MATERNITY PROTECTION
Right to abstain from work before and after confinement and allowances payable therefor
74.-(1)
Where a female employed in any undertaking expects to be confined, she shall,
subject to furnishing her employer with a certificate
from a registered medical
practitioner or registered nurse specifying the possible date of confinement, be
entitled to abstain from
work for a period of forty-two consecutive days
(hereinafter referred to as the pre-confinement allowance period) before, and
for
a further period of forty-two consecutive days (hereinafter referred to as
the Post-confinement allowance period) immediately after
her confinement and
shall, subject to the, provisions of this, Act, be entitled to an allowance
(hereinafter referred to as .a maternity
allowance) in respect of such
abstention from work:
Provided
that the post-confinement allowance period shall include the actual day of
confinement.
(2) Every such
female, who at any time during the four months immediately preceding her
confinement was employed by an employer by
whom she had been employed for a
period of, or periods amounting in the aggregate to, not less than one hundred
and fifty days during
the nine months preceding her confinement shall be
entitled, in respect of the pre-confinement allowance period and the
post-confinement
allowance period, to receive from such employer a maternity
allowance of one dollar fifty cents per day payable at such intervals
as relates
to the intervals at which the wages of the female were normally paid by the
employer:
(Amended
by. 31 of 1975, s. 12)
Provided
that where a female claims the maternity allowance under this section from more
than one employer, she shall riot be entitled
to receive an amount exceeding in
the aggregate the amount which she would be entitled to receive if her claim was
made against one
employer
only.
(3) Where there is more than
one employer from whom the female would be entitled to claim maternity allowance
in accordance with the
provisions of subsection (2), the employer who pays the
maternity allowance shall be entitled to recover from such other employer
or
employer's, as a civil debt, a contribution which shall bear the same proportion
to the amount of the maternity allowance paid
to the female, as the number of
days on which she worked for such other employer during the period of nine
months immediately preceding
her confinement bears to the total number of days
on which she worked during the said
period:
Provided that if such
female has failed to comply with the provisions of subsections (1) and (2) of
section 77, the employer who pays
the maternity allowance shall not thereby be
prevented from recovering a contribution calculated in accordance with the
provisions
of this subsection.
(4)
Where a female abstains from work for a period of more than forty-two
consecutive days immediately preceding her confinement she
shall be entitled to
receive the maternity allowance in respect of the pre-confinement allowance
period and in respect of the post-confinement
allowance period, but shall not be
entitled to any maternity allowance in respect of the days during which she
abstains from work
in excess of the pre-confinement allowance
period.
(5) Where a female works
on any day during the pre-confinement allowance period, she shall not be
entitled to the maternity allowance'
-in respect of that day or in respect of
any day preceding that
day:
Provided that every female
shall, whether she abstains from work before her confinement or not, be entitled
to receive the maternity
allowance in respect of-the period of seven days
immediately preceding her
confinement.
(6) Where a female
works on any day during the post-confinement allowance period, she shall not be
entitled to the maternity allowance
in respect of the day on which she so works
or in respect of any day thereafter.
Payment of maternity allowance
75.
Notwithstanding the provisions of section 74-
(a) the maternity allowance in respect of the pre-confinement allowance period shall be paid by the employer within seven days from the date upon which he knows or has notice of the confinement;
(b) the maternity allowance in respect of the post-confinement allowance period shall he paid by the employer within seven days from the expiration of the post-confinement allowance period.
Payment of allowance on death of female
76.-(1)
If a female, after giving notice to her employer that she expects to be
confined, abstains from work in expectation of her confinement
and dies from any
cause before her confinement, the employer or any employer who would have been,
but for the death of the female,
liable to pay the maternity allowance under
this Part shall, pay to the person nominated by her under section 78 or, if
there is
no such person, to her personal representative an allowance at the rate
prescribed under subsection (2) of section 74 from the day
immediately following
the last day on which she worked to the day immediately preceding the day of her
death:
Provided that in the
circumstances mentioned in this subsection no employer shall be liable to pay
such allowance in respect of a
period exceeding forty-two
days.
(2) If a female dies from
any cause on or after the day of her confinement and before any maternity
allowance to which she is entitled
has been paid to her, the employer or any
employer liable to pay a maternity allowance under the provisions of this Part,
shall pay
to the person nominated by her under section 78, or if there is no
such person, to her personal representative, any maternity allowance
to which
she is on the day of her death entitled in respect of the pre-confinement
allowance period and maternity allowance in respect
of the post-confinement
allowance period up to the day preceding the day of her death.
Loss of maternity allowance for failure to notify employer
77.-(1)
A female who is about to leave her employment and who knows or has reason to
believe that she will be confined within four months
from the date upon which
she leaves, shall before leaving her employment, notify her employer of her
pregnancy and, if she fails
to do so, she shall not be entitled to receive any
maternity allowance under this Part from such
employer.
(2) A female who
abstains from work because she expects to be confined within forty-two days,
shall within seven days from the date
upon which she abstains from work notify
her employer of her expected confinement and, if she fails to do so, she shall
not be entitled
to the maternity allowance in respect of the pre-confinement
allowance period to the extent of seven
days.
(3) A female who has been
confined shall within fourteen days of her confinement notify her employer
thereof and, if she fails to
do so, she shall not be entitled to the maternity
allowance in respect of the post-confinement allowance
period.
(4) The want of or any
defect or inaccuracy in any notice required to be given in accordance with the
provisions of this section shall
not be a bar to the maintenance of any claim to
maternity allowance unless the employer is proved to have been prejudiced by the
want, defect or inaccuracy of such
notice.
(5) The failure to give
any such notice within the period specified in this section shall not prejudice
the right of a female to receive
any maternity allowance if it is found that the
failure was occasioned by mistake or other reasonable
cause:
Provided that any dispute
as to whether such failure was occasioned by mistake or other reasonable cause
shall be referred to the
Permanent Secretary, whose decision in the matter shall
be final.
(6) Notice to an
employer, or if there is more than one employer, to one of such employers, may
be given in writing or orally to such
employer.
(7) Any such notice may
be given by a labour officer or labour inspector on behalf of any female, and a
notice so given shall have
the same effect as if given by the female
herself.
Payment of allowance to nominee
78.
A female may nominate in writing some other person to whom the maternity
allowance may be paid on her behalf, and any payment of
the maternity allowance
made to the person so nominated shall, for the purpose of this Act, shall be
deemed to be a payment to the
female who nominated such person.
Restriction on dismissal of female during allowance period
79.-(1)
When a female who expects to be confined or who has been confined is absent from
her work during the whole or any part of the
pre-confinement allowance period
and the post-confinement allowance period, or who remains absent from her work
after the expiration
of the post-confinement period as a result of illness
certified by a registered medical practitioner to arise out of her pregnancy
and
confinement and to render her unfit for work, it shall not be lawful, until her
absence from her work has exceeded a total of
three months for her employer to
give her notice of dismissal at such time that the notice would expire during
such absence:
Provided that the
three months' absence specified
in
this subsection shall include the
pre-confinement allowance period and the post-confinement allowance period
referred to in section
74.
(2)
When a female is dismissed from her employment with wages in lieu of notice at
any
time during the period of four months
immediately preceding her, confinement, she shall, in computing the period of
her employment
for the purposes of this Part, be deemed to have been employed as
if she had been given due notice instead of wages in lieu
thereof.
Conditions contrary to this Part void
80.
Any condition in a contract of service whereby a female relinquishes any right
under this Part shall be void and of no effect.
Registers of allowances paid
81.-(1)
Every employer shall keep a register showing all payments made to females under
the provisions of this Part and of such other
matters incidental thereto as may
be prescribed.
(2) In the case of
an employer who maintains a written record in accordance with any regulations
made under this Act, it shall be
a sufficient compliance with the provisions of
subsection (1) if such record contains in respect of every female affected by
this
Part, the particulars required to be kept under the said
subsection.
PART X-CARE AND WELFARE
Supply of water
82.-(1)
Where no public water supply is readily available to his employees, every
employer shall, at his own expense, provide for such
employees and members of
their families living with them on the employer's property, an adequate and
easily accessible supply of
wholesome water for drinking, washing and other
domestic purposes to the satisfaction of the proper authority and shall take all
such measures as are necessary and practicable and as the proper authority may
require to maintain such supply, and to protect it
from
pollution:
Provided that this
subsection shall only apply in relation to those employees who are living on the
employer's property with the consent
of such
employer.
(2) Any employer who
fails to comply with any of the provisions of subsection (1) or of any notice
issued thereunder shall commit
an offence against this Act.
Provision of medicine and medical treatment
83.-(1)
Every employer shall at his own expense provide for his employees and members of
their families living with such employees, medical
aid in accordance with such
scale as may be prescribed:
Provided that in so far as the provision of such medical aid for the members of the employee's family is concerned this obligation shall only extend to cases where the employee and his family are resident on the employer's property with the knowledge and consent of the employer.
(2) Any employer who fails
to comply with any of the provisions of subsection (1) shall commit an offence
against this Act:
Provided that an
employer shall not be liable under this section in any case where any illness or
incapacity is occasioned by the
neglect or fault of the employee or the members
of his family or where the employee or the members of his family refuse or fail
to
make use of the medical aid provided by the employer.
Return of employees to place of engagement
84.-(1)
Whenever an employee shall have been brought to the place of employment by the
employer or by any person acting on his behalf,
the employer shall at the
termination of the contract of service pay the expenses of repatriating the
employee by reasonable means
to the place from which he was brought, if the
employee so desires:
Provided that
an employer shall not incur liability under this section in respect of any
employee who has not completed a period of
service of at least three months'
duration unless the proper authority shall so
order.
(2) The proper authority
may exempt the employer from his liability to pay the expenses of repatriation
under subsection (1) if the
contract of service has been terminated otherwise
than by reason of the inability of the employee to fulfil the contract owing to
sickness or accident and the proper authority is satisfied-
(a) that in fixing the rate of wages proper allowance has been made for the payment of repatriation expenses by the employee; and
(b) that suitable arrangements have been made by means of. a system of deposited wages or otherwise to ensure that the employee has the funds necessary for the payment of such expenses.
(3)
The expenses of repatriation shall include-
(a) the cost of travelling and subsistence expenses or rations to the place of engagement; and
(b) subsistence expenses during the period, if any, between the date of termination of the contract and the date of repatriation.
(4)
Any employer who fails to comply with any of the provisions of subsection (1) or
any order made by the proper authority thereunder
shall commit an offence
against this Act.
Repatriation of body of deceased employee
85.-(1)
Wherever any employee shall have been brought to the place of employment by the
employer or by any person acting on his behalf
and such employee dies, from any
cause whatsoever, before termination of the contract of service the employer
shall pay the expenses
of repatriating the body of the deceased employee by
reasonable means to the place from which he was
brought.
(2) The proper authority
may exempt the employer from his liability to pay the expenses of repatriation
under subsection (1) if, having
regard to all the circumstances, the proper
authority is satisfied that repatriation at the expense of the employer would be
either
unreasonable or
impracticable.
(3) Any employer
who fails to comply with any of the provisions of subsection (1) shall commit an
offence against this
Act.
(Section
inserted by 31 of 1975, s.
13)
PART XI-REMEDIES, JURISDICTION AND PROCEDURE OF COURTS
Jurisdiction of magistrate
86.
Every magistrate shall have jurisdiction, notwithstanding anything to the
contrary contained in any other Act respecting the jurisdiction
of such
magistrate, in all cases or matters arising between employers and their
employees and with reference to their relative rights
and duties or to any
matter or thing or offence for which provision is made in this
Act.
Magistrate may summon parties
87.-(1)
Any person may complain to a magistrate on the prescribed form in relation to
any matter arising out of any contract of service
and on receipt of such
complaint the magistrate may, in his discretion, and where the facts appear to
him to be such as may found
either a civil suit or a criminal charge, issue such
process as he may think fit to cause the parties and the witnesses to attend
before him.
(2). Upon the
attendance of the party or parties, the magistrate shall ask any party aggrieved
whether he wishes to bring -a civil
suit or make a criminal charge and in the
event of his wishing to do so the magistrate shall thereupon draw up a writ or
charge,
as the case may be, and shall proceed to try the case as expeditiously
as possible and where no suit or charge is brought or made,
the magistrate shall
dismiss the, parties and may make such order, if any, as he may think
just.
(3) Notwithstanding anything
hereinbefore contained in this section, a magistrate may, in any criminal case
arising out of the provisions
of this Act, if it shall appear to him that any
matter could more properly or conveniently be dealt with in a civil suit, order,
at any time before judgment is delivered by him, that the remedy (if any) for
the matters complained of shall be by way of a civil
suit and not by way. of a
criminal charge.
(4) A magistrate
making an order under the provisions of subsection (3) may, if in his opinion
the issues therein are satisfactorily
defined, forthwith hear and determine such
suit, without the filing of a writ or defence and give judgment therein, which
judgment
shall be of the same force and effect and shall be executed in the same
manner as if it had been given in a duly instituted civil
suit.
Husband and wife competent witnesses
88.
In any trial for an offence against any of the provisions of this Act the
employer or employee, as the case may be, and his or her
wife or husband shall
be competent to give evidence.
Joinder in cases of non-payment of wages
89.-(1)
Notwithstanding anything to the contrary contained in any other law for the time
being in force in Fiji, in any proceedings
against an employer in respect of
wages due to more than one of his employees, a magistrate may permit a writ or
other necessary
document in any action to be made or filed by a labour officer,
labour inspector, or by one of such employees on behalf of all such
employees,
and the claims to be proved by such labour officer, labour inspector or by such
employee accordingly:
Provided
that the writ shall have annexed thereto a schedule setting forth the names of
such employees, their addresses and descriptions
and the details of wages due to
each such employee.
(2) Costs
given against the employees shall be paid by such employees or by any of them in
such
proportions as the court shall
direct.
Summary procedure
90.
In any proceeding for an offence against this Act punishable with imprisonment
for a term not exceeding three months or a fine not
exceeding one hundred
dollars, the court may, in its discretion, whether requested by the prosecutor
or not, deal with the case under
the provisions of section 221 of the Criminal
Procedure
Code.
(Cap.
21.)
Proceedings on Appeal
91.
Where in any civil proceedings under this Act either party desires to prosecute
an appeal to the Supreme Court the Permanent Secretary
may appear by barrister
and solicitor before the Supreme Court.
Power of subordinate courts
92.
In any civil proceedings under this Part in connexion with a contract of
service, a court may, in addition to any jurisdiction it
might have exercised if
this Act had not been enacted, exercise all or any of the following powers, that
is to say:-
(a) the court may adjust and set off one against the other all such claims on the part either of the employer or of the employee arising out of or incidental to the relation between them as the court may find to be subsisting, whether such claims are liquidated or unliquidated and are for wages, damages, compensation, or otherwise; and it may direct the payment of such sum as it finds due by one party to the other party;
(b) the court may direct fulfilment of the contract and in any case where damages or compensation are, or might be, awarded for any breach of contract, negligence or unlawful act or omission, may, in place of the whole or part of the damages or compensation awarded, direct the party committing such breach to find security to the satisfaction of the court for the due performance of so much of the contract as remains unperformed, and if the party neglects or refuses to find security, the court may commit him to prison until he finds it, but such term of imprisonment shall not exceed three months;
(c) the court may rescind the contract upon such terms as to the apportionment of wages or other sums due thereunder, and as to the payment of wages, damages, compensation or other sums due as the court thinks fit.
Compensation for loss, etc., of employer's property
93.
Where any property of the employer is lost or damaged by means of any negligent
or unlawful act or omission of his employee, it
shall be lawful for the court,
should it think fit, to fix the amount of compensation for such loss or damage,
and make such order
as to the payment thereof either at once or by instalments
out of wages yet to be earned or otherwise, as shall seem reasonable and
just:
Provided that no instalment
ordered to be paid out of wages shall exceed one third of the employee's monthly
wages if the instalments
are ordered to be paid monthly, or one-third of the
employee's weekly wages if the instalments are ordered to be paid
weekly.
Payment of fine or sum to party or person
94.
When a court imposes any fine or enforces payment of any sum, the court may
direct that such fine or sum when recovered, or such
part thereof as it thinks
fit, shall be applied to compensate any employer, employee or other person for
any wrong done or damage
sustained by him by reason of the act or thing in
respect of which the fine or sum was imposed or recovered or by reason of the
non-performance
of the contract of service.
Cancellation of contracts
95.
In any proceedings under this Act between an employer and an employee or against
an employer or an employee in relation to any contract
of service, the court may
order the cancellation of a contract of service between the employer and the
employee.
PART XII-OFFENCES
Offences by employers
96.
An employer shall commit an offence against this Act if he shall be guilty of
any of the following acts or omissions, that is to
say, if before or after the
termination of the contract of service, upon demand made by the employee, the
Permanent Secretary, any
labour officer or labour inspector and without lawful
cause, he refuses to deliver or permit to be taken way any property belonging
to
any employee lawfully remaining or being upon such employer's land or in the
employer's possession, without reasonable and probable
cause for believing that
the property was lawfully
detained.
(Amended
by 31 of 1975, s. 14)
Offences by employees
97.
Any employee who owes money to the employer in respect of any wages or benefits
in kind received in advance and leaves the service
of his employer with intent
not to return thereto under circumstances from which it appears that he intended
to defraud his employer
shall commit an offence against this Act.
False pretences
98.
Any person who, with a view to obtaining employment under this Act, makes any
statement orally or in writing which is false to his
knowledge shall commit an
offence against this Act.
Penalty
99.
Any person who commits an offence against this Act for which no penalty is
expressly provided shall be liable upon conviction to
a fine not exceeding two
hundred dollars, and in the case of a second or subsequent offence against the
same provision of this Act
to a fine not exceeding four hundred dollars or to
imprisonment for a term not exceeding six months or to both such fine and
imprisonment.
(Amended
by 31 of 1975, s. 15)
PART XIII-GENERAL
Saving as to contract of service made abroad
100.-(1)
Nothing in this Act shall prevent any employer or employee from enforcing his
respective rights and remedies for any breach
or non-performance of any lawful
contract of service made outside Fiji, but the respective rights of such parties
under such contract
as well as against each other as against third parties
invading such rights, may be enforced in the same manner as other contracts
arising therefrom may be enforced as if this Act had not been
enacted:
Provided
that-
(a) whenever any such contract has been executed in conformity with this Act it shall be enforced in the same manner as a contract entered into under this Act; and
(b) no written contract the tenor and execution of which are not in conformity with Part VI shall be enforced as against an employee who is unable to read and understand writing.
(2)
For the purposes of this section any such contract shall be deemed executed in
conformity with Part VI which is signed by the
names or marks of the contracting
parties and bears an attestation to the like effect as is contained in the
prescribed form of foreign
contract of service by-
(a) if the contract was made in Great Britain or elsewhere in Her Majesty's dominions or in a protectorate or protected territory or trust territory, any justice of the peace, or other officer authorised by law to take affidavits or to attest contracts of service;
(b) if the contract was not made within Fiji, any judge or magistrate, or any British minister, consul, vice-consul or consular -agent.
Saving as to contracts under Acts relating to shipping
101.
This Act shall not apply to any contract governed by any Imperial law relating
to shipping or affect the rights and remedies of
the parties
thereunder.
Regulations
102.-(1) The Minister, after considering the advice of the Labour Advisory Board, may make, regulations for, the better carrying out of the purposes and provisions of this Act, and without prejudice to the generality of the foregoing, for any of the following purposes:
(a) providing for the particulars to be contained in written contracts of service, and for the manner of execution, attestation and registration thereof and for all other matters relating to their making, enforcement, transfer and cancellation;
(b) prescribed the adequacy and cash value of food, housing, clothing and other essential supplies where they form part of the remuneration of employees in employment generally or in relation to any particular kind of work or employment;
(c) prescribing hours of work of women, young persons and children;
(d) prohibiting or regulating the employment of persons suffering from any infectious disease. or any other prescribed physical disability;
(e) prescribing the books, records, accounts and other documents to be kept and the, returns to be rendered by employers, and other persons in respect of employees;
(f) prescribing the records and registers to be kept and the returns to be made by the employers of women, young persons and children;
(g) providing for the application of any sums due to the estates of deceased employees;
(h) prohibiting, restricting, controlling or regulating the employment of women, young persons and children in commercial undertakings;
(i) prescribing for any period the maximum number of hours during which any employee or class of employees, either generally or in relation to any particular kind of work or employment, may be required to work;
(j) providing for and prescribing the description and scale of medicines, medical attention, accommodation, equipment, staff and treatment to be provided by employers for employees;
(k) regulating the engagement and the embarkation of employees to be -employed under a foreign contract of service;
(l) providing for the establishment- and administration of free public employment exchanges;
(m) providing for all matters relating to the return of employees from the place of employment to the place of engagement;
(n) providing for the giving of security by employers or other persons and all matters relating thereto;
(o) further restricting the employment of women, children and young persons in specified occupations;
(p) prescribing the maximum amounts of loans and instalments and the terms and conditions upon which loans may be made by employers to employees and upon which loans and instalments may be recovered;
(q) for the establishment and administration of boards and committees to register casual labour and to regulate the employment of casual labour, to empower any such board or committee to charge such fees as the Minister may approve in connexion therewith and to provide that any such fees may. be paid to such boards or committees;
(r) making provision for persons employed in undertakings generally or in any particular undertaking to be entitled to holidays with pay;
(s) prescribing forms to be used under this Act;
(t) prescribing fees payable under this Act;
(u) prescribing all matters which are authorised by this Act to be prescribed.
(2) Any regulation made under the provisions of subsection (1) may impose conditions, require acts or things to be performed or done to the satisfaction of the Permanent Secretary or a district officer, medical officer, labour officer or labour inspector and empower the Permanent Secretary or any such officer to issue orders either orally or in writing requiring acts or things from being performed or done or prohibiting acts or things to be performed or done, and prescribe periods or date, upon, within or before which such acts or things shall be performed or done or such conditions shall be fulfilled, and provide for appeal against any such order, notice or direction..
(3) In addition to making such
provision as is prescribed in subsections (1) and (2), regulations made under
this Act may fix such
penalties for the breach, non-compliance with or
non-fulfilment of any regulation or any condition imposed of order, notice or
direction
issued under any such regulation, not exceeding a fine of two hundred
dollars and in the' case of a second or subsequent offence
against the same
provision not exceeding a fine of two hundred dollars or imprisonment for., term
not exceeding three months or both
such fine and imprisonment.
Application of regulations
103.
Any regulation made under this Act may apply to Fiji generally or may be limited
in its application to any Division or area of Fiji,
to any trade undertaking or
employment or to any person or class of persons as the Minister may from time to
time order or in any
such regulation determine.
Controlled by Ministry for Labour, Industrial Relations and Immigration
-------------------------------------------
SUBSIDIARY LEGISLATION
CHAPTER 92
EMPLOYMENT
SECTION I-EMPLOYMENT (APPLICATION) ORDER
TABLE OF PROVISIONS
PARAGRAPH
1.
Short title
2. Excluded classes of
employees
3. Excluded classes of
contracts and transactions
4. Position
of employee who is also employer
First
Schedule-Classes, of Exempted
Employees
Second Schedule-Classes of
Exempted Contracts and Transactions
-------------------------------------------
Legal Notice No. 3 of 1976
Short title
1. This Order may be cited
as the Employment (Application)
Order*.
(*In force
19 December 1975)
Excluded classes of employees
2. The classes of
employees specified in the First Schedule, and their employers in respect of
such employees, shall be excluded from
the operation of the Act.
Excluded classes of contracts and transactions
3. The classes of
contracts and transactions specified in the Second Schedule shall be excluded
from the operation of the Act.
Position of employee who is also employer
4. Nothing in this Order
shall exempt any person employed for wages who is himself an employer from any
obligation imposed upon him
as an employer under the provisions of the
Act.
FIRST
SCHEDULE
(Paragraph
2)
-------------------------------------------
CLASSES OF EXEMPTED EMPLOYEES,
Persons employed in the
service of the Government and-
(a) who are subject to the General Orders for the Public Service of Fiji, other than persons employed by way of manual labour or domestic service; or
(b) whose terms and conditions of service are prescribed by or under any Act.
-------------------------------------------
SECOND
SCHEDULE
(Paragraph
3)
CLASSES OF EXEMPTED CONTRACTS AND TRANSACTIONS
(a) Any contract of service for the harvesting of sugar cane, in a form approved by the Permanent Secretary for Employment and Industrial Relations*, a District Officer, Labour Officer or Labour Inspector.
(b) Any deductions made from the wages of any of its employees by the Emperor Gold Mining Company Limited arising out of any agreement, approved by the Permanent Secretary for Employment and Industrial Relations*, with such employee.
(c) Any deductions from the wages of any of his employees by any employer arising out of any agreement between such employer and such employee for purpose of repaying any loan, or any portion thereof or any interest thereon, owing by such employee to the Housing Authority or the Home Finance Company Limited under a contract of loan.
(d) Any deduction from the wages of any of his employees by any employer arising out of any agreement between such employer and such employee for the purpose of repaying any monies due by such employee to the Housing Authority in respect of the purchase of either a house built or land sold by the Housing Authority, or in respect of rent owing to the Housing Authority:
Provided
that the total of any such deduction shall not exceed twenty-five per cent of
the employee's wages in respect of any wage
period.
*See
Legal Notice No. 89 of 1982.
-------------------------------------------
SECTION I-EMPLOYMENT (EXCLUSION) ORDER
TABLE OF PROVISIONS
PARAGRAPH
1.
Short title
2.
Exclusion
3. Maximum
deduction
Schedule-Trust
Deed
Legal Notice No. 144 of 19...
Short title
1. This Order may be cited
as the Employment (Exclusion) Order*.
Exclusion
2. Subject to paragraph 3,
deductions made in terms of clause 25 of the Trust Deed described in the
Schedule from the wages of those
employees of Air Terminal Services (Fiji)
Limited who are beneficiaries under the said Trust Deed shall be excluded from
the operation
of Part VII of the Act.
Maximum deduction
3. Any deductions from
wages made pursuant to paragraph 2 shall no together with any deductions which
may be made in terms of paragraph
(c) and paragraph (d) of the Second Schedule
to the Employment (Application) Order exceed twenty-five per cent of an
employee's wages
in respect of any wage period
SCHEDULE
Trust Deed made on the
30th day of March 1981 between the Trustees and Beneficiaries of ATS Employees
Trust.
* The
Order is expressed to expire on 31 December 1986 unless sooner
revoked.
In force
1 January 1983.
-------------------------------------------
SECTION
102-EMPLOYMENT (MEDICAL
TREATMENT)
REGULATIONS
TABLE OF PROVISIONS
REGULATION
1.
Short title
2.
Interpretation
3. Illness or injury to
be brought to employer's notice
4.
Medical aid or medical treatment to be
provided
5. First aid
equipment
6. Room for treatment of
sick
7. Cost of
treatment
8. Provision of
transport
9. Reimbursement of hospital
charges by employer
10.
Penalties
Schedule-First Aid
Equipment
Regulations 10 January 1966 [in force 14 January 19....]
Short title
1. These Regulations may
be cited as the Employment (Medical Treatment) populations.
Interpretation
In these Regulations,
unless the context otherwise requires-
"medical aid" means, in cases of minor illness or injury, the provision of first aid, and includes the provision of such drugs and dressings as may be necessary in such cases;
"medical treatment" means-
(a) medical attention given by a registered medical practitioner to an employee on the instructions of an employer; or
(b) treatment at a dispensary or general out-patient clinic or in a public ward of a public hospital but shall not include any charges levied for special medicines, dressings and other medical supplies, X-ray and laboratory examinations arising out of such treatment;
"Permanent Secretary" means the Permanent Secretary for Employment and Industrial Relations*.
*
Legal Notice No. 89 of 1982
Illness or injury to be brought to employer's notice
3. An employer shall take
all reasonable steps to ensure that every case of illness of an employee and of
a member of an employee's
family who is living on the employer's property and
every case of injury of an employee arising out of and in course of his
employment
is brought to his notice.
Medical aid or medical treatment to be provided
4. Where there is
reasonable cause to believe that any employee is suffering from illness or
injury, whether contracted as a result
of the employee's work or not, any
employer shall during the period when the employee is under the control of the
employer in pursuance
of his contract of service with the employer and with the
consent of the employee, cause to be provided for the employee medical
aid, or
where the nature of the illness so requires, medical treatment. Such medical aid
or medical treatment shall be provided at
the expense of the
employer:
Provided that the
employer shall not be required to pay for medical aid or medical treatment
when-
(a) the employee has been ordered into hospital under the provisions of section 69 of the Public Health Act, or is suffering from venereal disease, or is entitled to free treatment under the provisions of the Public Hospitals and Dispensaries Regulations;
(Cap. 111)
(b) the illness or injury is proved to the satisfaction of the Permanent Secretary to have been contracted prior to employment. or to be attributable to illness or injury contracted prior to employment, or contracted in circumstances not arising out of and in the course of his employment.
First aid equipment
5. Every employer shall
have readily available in a suitable container the quantity of first-aid
equipment specified in the Schedule.
Room for treatment of sick
6. Every employer who
employs not less than one hundred employees in any one place shall, where no
public hospital or dispensary facilities
are available within four miles by road
of the place of employment, provide a room for the treatment of the sick and a
registered
nurse to supervise the treatment and care of the sick.
Cost of treatment
7.-(1) Where medical
treatment is made available by an employer in pursuance of the provisions of
regulation 4 and such treatment
is given at a public! hospital or dispensary,
payment therefore shall be made in accordance with the provisions of the Public
Hospitals
and Dispensaries Regulations, and where an employee himself pays for
such treatment, he shall be entitled to recover the cost thereof
from his
employer within seven days of the production to his employer of the receipt for
the payment made by him at the public hospital
or dispensary where the treatment
was given..
Provided that the
liability of the employer for payment for medical treatment shall extend only
until the termination of the employee's
contract or for a maximum', period of
seven days whichever period is the
less.
(2) Where on the
instructions of his employer, any employee attends a private medical
practitioner for medical treatment the employer
shall be responsible for the
charges incurred in connection therewith and shall himself make arrangements for
their payment.
Provision of transport
8. Where in accordance
with the provisions of regulation 4 an employer
is
required to pay for the medical
treatment of an employee and it appears likely that such employee may be
required to remain at a public
hospital for such treatment then in such case the
employer shall provide the necessary transport to convey the employee to the
hospital.
Reimbursement of hospital charges by employers
9. Where an employee
(other than a casual employee) has, in pursuance of the provisions of regulation
4, been admitted to a Government
hospital the employer shall, within seven days
of the production to the employer by the employee of the, receipt for the cost
of
his maintenance and medical treatment at the hospital, reimburse the employee
in respect of such
charges.
Provided
that-
(a) the liability of an employer for the payment for such maintenance and medical treatment shall be limited to the scale of charges for treatment in a public ward and shall extend only until the termination of the employee's contract or for a maximum period of seven days whichever period is the less; and
(b) that no employer shall be liable for hospital charges in respect of an employee-
(i) who is suffering from any infectious disease and who has been ordered into hospital by a Medical Officer of Health under the provisions of section 69 of the Public Health Act, or who is suffering from venereal disease, or who is entitled to free treatment under the provisions of the Public Hospitals and Dispensaries Regulations;
(Cap. 111.)
(ii) who is suffering from illness or injury which is proved to the satisfaction of the Permanent Secretary to have been contracted prior to employment or contracted in circumstances not, arising out of and in the course of his employment.
Penalties
10. Any person who fails
to comply with any of the provisions of these Regulations shall be guilty of an
offence against these Regulations
and shall be able on conviction to a fine not
exceeding 520 and in the case of a second or Subsequent offence against the same
provision
to a fine not exceeding $50 or to imprisonment for a term not
exceeding two months or to both such fine and imprisonment.
-------------------------------------------
SCHEDULE
(Regulation
5)
FIRST-AID
EQUIPMENT
1.
Employers employing 10 persons or
less-
Adhesive
Plaster and/or Elasto-Plast .............................................. 1
spool
Lint or Gauze
..................................................................................
1 roll
Bandages, 1 inch Gauze
.................................................................. 2
rolls
Bandages, 2
inch Gauze
..................................................................
2 rolls
Bandages, 3 inch Gauze
.................................................................. 2
rolls
Cotton Wool
...................................................................................
¼ lb.
Antiseptic Wound Lotion
(Acriflavine) ......................................... 10
ozs
Boracic Lotion for Eyes
................................................................. 10
ozs
Aspirin or A.P.C. Tablets
...............................................................
20
2.
Employers employing not less than 11 and not more than 50
persons-
Adhesive Plaster and/or
Elasto-Plast ............................................. 2
spools
Lint or Gauze
.................................................................................
2 rolls
Bandages, 1 inch Gauze
................................................................. 6
rolls
Bandages. 2 inch Gauze
................................................................. 6
rolls
Bandages, 3 inch Gauze
................................................................. 6
rolls
Cotton Wool
...................................................................................
½ lb.
Antiseptic Wound Lotion
(Acriflavine) ......................................... 1
pint
Boracic Lotion for Eyes
................................................................. 1
pint.
Aspirin or A.P.C. Tablets
...............................................................
50
3.
Employers employing more than 50
persons-
Adhesive Plaster and/or
Elasto-Plast ............................................. 4
spools
Lint or Gauze
.................................................................................
4 rolls
Bandages, 1 inch Gauze
................................................................. 12
rolls
Bandages. 2 inch Gauze
................................................................. 12
rolls
Bandages, 3 inch Gauze
................................................................. 12
rolls
Cotton Wool
...................................................................................
½ lb.
Antiseptic Wound Lotion
(Acriflavine) ......................................... 2
pint
Boracic Lotion for Eyes
................................................................. 2
pint.
Aspirin or A.P.C. Tablets
...............................................................
100
-------------------------------------------
SECTION 10-EMPLOYMENT REGULATIONS
TABLE OF PROVISIONS
PART I-PRELIMINARY
REGULATION
1.
Short title
2.
Interpretation
PART II-FORMS
3. Contracts to be in the
English language
4. Contracts to be in
prescribed form
5. Form of
bond
PART III-RECORDS
6. Record of wage
payments
7. Particulars to be written
in the English language
8. Receipt for
wages
9. Records to be kept for three
years
10. Exemptions
PART IV-ANNUAL HOLIDAYS
11. Employer to give paid
annual holidays
12. Paid annual
holidays
13. Termination of
employment
14. Continuity of
employment
15. Paid holiday to be
given within certain period
16. Wages
in respect of annual holiday to be paid in
advance
17. Records of annual
holidays
18. Agreement contrary to
Regulations null and void
PART V-GENERAL
Employment
19.
Offence
Fees for medical
examination
First Schedule -
General Form of Written Contract of
Service
Second Schedule- Form of
Written Batch Contract of
Service
Third Schedule- Form of
Foreign Contract of Service
Fourth
Schedule - Form of Bond for Security for the Payment of
Wages
Fifth Schedule - Scale of
Fees
Regulations
30 April 1965 [in force 15 May 1965], 18 October
1965,
Legal
Notices Nos. 13 of 1976, 97 of 1976
PART I-PRELIMINARY
Short title
1. These Regulations may
be cited as the Employment Regulations.
Interpretation
2. In these Regulations,
unless the context otherwise requires-
"batch contract" means a written contract of service entered into with two or more employees at the same time and place;
"year" means, when used in connection with these Regulations, a period of 365 days .(excluding any day which is the twenty-ninth day of February) commencing on the day on which an employee entered the service of an employer, or on any anniversary of that day:
Provided that where an employee entered employment on the twenty-ninth day of February he shall for the purpose of this definition be deemed to have entered that employment on the following day.
PART II-FORMS
Contracts to be in the English language
3. Every contract, bond or
other document, the form of which is prescribed by art shall be printed,
typewritten or written in ink
or in combination of such typing or writing in the
English language.
Contracts to be in prescribed form
4. (1) Every written
contract of service, other than a batch contract or a contract if service or a
contract of apprenticeship shall
be in the form set out in the First
Schedule.
(2) Every batch
contract, other than a foreign contract of service, shall be in the form set out
in the Second Schedule.
(3) Every
foreign contract of service shall be in the form set out in the Third
Schedule.
Form of bond
5. A bond given by an
employer under the provisions of subsection (1) of 48 of the Act shall be
in
form set out in Fourth
Schedule.
PART III-RECORDS
Record of wage payments
6. Every employer in an
undertaking shall keep a record of wage payments containing the following
particulars, where applicable, in
respect of each of his
employees:
(a) the employee's name;
(b) the age and sex of the worker;
(c) the nature of employment or job classification;
(d) the date of engagement;
(e) the days worked and the days absent for leave or any cause during any wage period;
(f) the rate of wages;
(g) the type of wage period;
(h) the amount of overtime worked during any wage period and the rate of wages payable for such overtime;
(i) (i) total earnings;
(ii) any allowances or other sundry payments due to the employee;
(iii) any deductions made from the total earnings of the employee;
(iv) total amount due to the employee after all deductions have been made in respect of each wage period;
(j) date of termination of the employment.
Particulars to be written in the English language
7. The particulars
specified in regulation 6 shall be printed, typewritten or written in ink, or in
a combination of such printing,
typing or writing, in the English
language.
Receipt for wages
8.- (a) An employer shall obtain the signatures of each employee for all wages paid by such employer thereto; or
(b) in the case of the employment of more than twenty-five employees, a person not being the employer, may sign and certify the wages record to the effect that each employee named therein has been paid the amount specified on such record.
Records to be kept for three years
9. All records which, by
virtue of these Regulations, are required to be kept by employers, shall be
retained by the: employer for
at least three years from the date of the last
entry therein.
Exemptions
10.-(1) No employer shall
be required to keep any record of wage payments in respect of any casual
labourer or any domestic servant
employed by
him.
(2) For the purpose of
avoiding doubt, it is hereby declared that the provisions of this Part shall not
apply to any member of the
Armed Forces of the Crown or of any friendly
power.
(Amended by
Legal Notice 13 of 1976.)
PART IV-ANNUAL HOLIDAYS
Employer to give paid annual holidays
11. Notwithstanding any
other law for the time being in force every employer may undertaking shall give
to his employees paid holidays
in accordance with the visions of this
Part:
Provided that nothing in
these Regulations shall prevent any employer giving is employees paid annual
holidays in excess of those
required to be given in accordance
therewith.
Paid annual holidays
12.-(1) After each year of
employment with an employer, an employee shall given ten working days' holiday
and shall be paid in respect
of such holiday the he would have been paid for the
time he would normally have worked during
period:
Provided that an employee
shall not be entitled to the paid annual holiday in of any year during which he
attended work if he has
been absent from work more than thirty-six normal
working days during that year, except where such has been due to sickness
certified
by a medical practitioner.
(Amendment No. 13 of 1976.)
(2) Where an employee is
entitled to a paid annual holiday under the visions of this regulation the
employer shall permit the employee
to take the holiday in one unbroken period,
or at the request of the employee, in two or periods, one of which must be -a
continuous
period of one week.
Termination of employment
13.-(1) Where the
employment is terminated after a period exceeding three months but not amounting
to one year from the date of its
commencement, or after a period
of
employment following the completion of a
year in respect of which the annual holiday has been taken, the employer shall,
on or before
the date of termination, pay to the employee a sum equal to not
less than five-sixths of a ........ wages for each completed month
of such
period.
(Amended
by Legal Notice of
1976.)
(2) When an employee has
completed one year's continuous service with an employer and the employment is
subsequently terminated, the
employer shall, if employee has not taken his paid
annual holiday earned in respect of the year, or before the date of such
termination,
pay to the employee the wages due to in respect of such paid annual
holiday, together with a sum equal to not less five-sixths of
a day's wages in
respect of each completed month of employment wing the completion of the last
year in respect of which he has earned
a paid
holiday.
(Amended
by Legal Notice 13 of 1976)
(3)
When an employer or employee gives notice of termination of the employment of
the employee, payment to the employee of all or
any
part of the wages on account of the paid
annual holiday to which he is entitled shall be deemed to be payment of all or
any part of
his
wages in respect of the period for which
he is, under the provisions of the Act, or by custom or agreement, or under his
contract
of service, entitled to continue in the employment after the giving of
the notice.
Continuity of employment
14. For the purposes of
these Regulations employment shall be deemed to continue so long as the employee
continues to be employed
in the undertaking by or on behalf of the owner thereof
for the time being, and shall be deemed not to be discontinued by the
termination
of any contract of employment entered into by the employee, if
within a period of seven days of such termination, such employee is
re-engaged
in the same undertaking.
Paid holiday to be given within certain period
15. Every employee shall
be given the paid holiday provided for in these Regulations not later than six
months after the completion
of the year in which the holiday has been
earned:
Provided that where an
employer elects to close a section or sections of his establishment for a fixed
period in any year, all or
part of the paid annual holiday; may, by agreement
between the parties, be taken before the completion of the year in respect of
which the paid annual holiday may be due in pursuance of the provisions of
regulation 12.
Wages in respect of annual holiday to be paid in advance
16. Wages in respect of
the paid annual holiday shall be paid in advance on the pay day immediately
preceding such holiday.
Records of annual holidays
17.-(1) Every employer
employing any employee to whom these Regulations apply shall at all times keep a
record showing in the case
of each of his employees-
(a) the name of the employee;
(b) the dates of the commencement and termination of his employment;
(c) the dates on which each such, holiday is taken;
(d) the amount paid to the employee in respect of the paid annual holidays': to which he is entitled.
(2)
The record of paid annual holidays may be incorporated in the wages record that
the employer is required to keep under the provisions
of Part
III.
Agreement contrary to Regulations null and void
18.-(1) Except as provided in paragraph (2), any agreement by an employee to forego the paid annual holiday provided for by these Regulations, even in return for compensation, shall be null and void.
(2) An employer may, with
the approval in writing of the Permanent Secretary and subject to such
conditions as the Permanent Secretary
may impose, agree in writing with all or
any of his employees that paid annual holidays may be deferred and accumulated
over a period
not exceeding four
years:
Provided that such an
agreement may be concluded without the approval of the Permanent Secretary in
any case where an employee is
engaged under a contract of service the terms of
which provide that the employee's wages shall be on, the basis of an annual
amount
payable in not less than twelve nor more than twenty-six equal
instalments.'
(Substituted
by Legal Notice 97 of 1976.)
PART V-GENERAL
Offence
19.-(1) Any person who
contravenes or fails to comply with any of the provisions of these Regulations
shall be guilty of an offence
and shall be liable to a fine not exceeding $100
or to imprisonment for a term not exceeding three months both such fine and
imprisonment.
(2) Any employer who
is convicted of an offence under any of the provisions Part IV may, in addition
to any penalty which may be imposed
under the provisions of paragraph (1), be
ordered to pay to the employee a sum equal to the amount of any wages due to the
employee
in respect of the paid annual holiday, or proportion thereof, to which
the employee is entitled but has not been given.
(Inserted by Legal Notice 13 of 1976.)
Fees for medical examination
20. The fee to be paid to
a medical officer by an employer in respect of each employee examined by him
under the provisions of subsection
(6) of section 36 of Act shall be the amount
set out in the Fifth Schedule.
-------------------------------------------
FIRST SCHEDULE
EMPLOYMENT
REGULATIONS
(Regulation
4 (1))
GENERAL FORM OF WRITTEN CONTRACT OF SERVICE
PART I
AGREEMENT made at
................................................ between
..................................... of ..............................
(Employer) and the person named in Part II hereof as the employee on the
conditions set forth in Part III hereof.
PART II
Particulars
of Employee-
Name
.......................................................................................
Address
....................................................................................
If
the employee has been recruited state-
(i) Name of recruiter .................................................................
(ii) Place of recruitment ............................................................
(iii) Date of recruitment ............................................................
PART III
Conditions
of Contract-
1. Place of
employment
.............................................................
2.
Nature of employment
...........................................................
3.
Duration of Contract-
(a) for .................... calendar months/weeks/days commencing on .......................... 19 ..........
(b) The contract is determinable at any time upon notice of intention to terminate the contract being given by either party to the other ..................................... month(s), week(s) before the date of the intended termination.
4.
Rate of wages-
(a) ................................. per month/week/day/hour.
If it is proposed to use any other method for assessing the rate of wages, for example by reference to tasks or piecework, details should be given below ..............................................................
(b) Times when wages become due ............................................
5. (a) *The employer shall, at his own expense, provide the employee with food in accordance with the following scale:
(i) .......................................................... per ...................
(ii) ......................................................... per ...................
(iii) ........................................................ per ...................
(iv) ......................................................... per ..................
(v) .......................................................... per ..................
(b) *The employer shall, at his own expense, provide the employee with the following cooking utensils/means of cooking-
..........................................................................................
6.
*The employer shall at all times, at his own expense, provide reasonable housing
accommodation for the employee at or near to the
place of
employment:
Provided that where
the employer elects not to provide housing accommodation he shall pay the
employee such sufficient sum, as rental,
in addition to his wages, as will
enable the employee to obtain reasonable
accommodation.
7. Other
conditions-
..............................................................................................................
PART IV
I agree to abide by the
conditions of this contract.
...................................................................
Signature
of
Employer
.....................................................................
Signature
or thumb-print of Employee
Date
................................., 19 ............
PART V
*I HEREBY CERTIFY that I
have examined the person named herein as the employee, and that such person is
physically fit to perform
the work contemplated by this contract. (i)
..............................................................
Signature
of Medical Officer
Date
..................................., 19 ..........
PART VI
I HEREBY CERTIFY that I
have read over and explained this contract to the named therein as the employee
and that he, with full understanding
of the terms of the contract, has
voluntarily assented thereto. (ii)
........................................................................
Signature
of Attesting
Officer
........................................................................
Designation
Date
..................................., 19
..........
(i) Under section 36 of
the Employment Act, an employee entering into a written contract is required to
be
medically examined unless exempted by the
Permanent Secretary for Employment and Industrial Relations under subsection (7)
of that
section.
(ii) Contracts
for more than six months are required to be
attested.
* Delete as
necessary.
-------------------------------------------
SECOND SCHEDULE
EMPLOYMENT
REGULATIONS
(Regulation
4 (2))
FORM OF WRITTEN BATCH CONTRACT OF SERVICE
PART I
AGREEMENT made at
...................... between of ............................... (Employer) and
the several employees whose names,
particulars and signatures (or thumb-prints)
are shown in the list appearing in Part IV hereof.
PART II
.............
al
-
If the employees have been
recruited state-
(i) Name of recruiter ..................................
(ii) Place of recruitment .............................
(iii) Date of recruitment .............................
PART
III
Conditions
of Contract-
1. Place of
Employment
....................................................................
2.
Nature of Employment
...................................................................
3.
(a) Duration of contract-
for ............................... *calendar months/weeks/days commencing on ....................................., 19 .......
(b) *The contract is determinable at any time upon notice of intention to terminate the contract being given by either party to the other ........................ *month (s), week(s) before the date of the intended termination.
4.
(a) Rate of wages-
............................ *per month/week/day/hour.
If it is proposed to use any other method for assessing the rate of wages, for example by reference to tasks or piecework, details should be given below ..................................................
(b) Times when wages become due ....................................................
5.
*(a) The employer shall, at his own expense, provide each employee with food in
accordance with the following scale:-
(i) ............................................ per ...................
(ii) ............................................ per ..................
(iii) ............................................ per .................
(iv) ............................................ per .................
(v) ............................................ per ..................
*(b) The employer shall, at his own expense, provide each employee with the following cooking utensil/means of cooking:
........................................................................................................................................
6.
The employer shall at all times, at his own expense, provide reasonable housing
accommodation for each employee at or near the
place of
employment:
Provided that where
the employer elects not to provide housing accommodation he must pay the
employee such sufficient sum, as rental,
in addition to his wages, as will
enable the employee to obtain reasonable
accommodation.
7. Other
conditions-
...........................................................................................................................
PART IV
We, the parties hereto,
agree to abide by the conditions of this contract.
...........................................................
Signature
of Employer
* Delete as
necessary.
Particulars and signatures (or thumb-prints) of employees
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PART V
I HEREBY CERTIFY that I
have examined the persons named above as the employees, and numbered from
................... to ...........................
and that, with the exception
of those whose names I have deleted and initialled, they are physically fit to
perform the work contemplated
by this contract.(i)
..............................................................
Signature
of Medical Officer
Date
..................................., 19 ..........
PART VI
I HEREBY CERTIFY that I
have read over and explained this contract to all the employees concerned and
that they with full understanding
of the meaning of the act have individually
and voluntarily assented thereto.(ii)
........................................................................
Signature
of Attesting
Officer
........................................................................
Designation
Date
..................................., 19
..........
(i) Under section 36 of
the Employment Act, employees entering into a written contract are required to
be medically examined unless exempted by the Permanent Secretary for
Employment
and Industrial Regulations under subsection (7) of that
section.
(ii) Contracts for more
than six months are required to be attested.
* Delete as
necessary.
-------------------------------------------
THIRD
SCHEDULE
EMPLOYMENT
ACT
EMPLOYMENT
REGULATIONS
(Regulation
4 (3))
(Amended
by
Legal Notice 13 of
1976.)
FORM OF FOREIGN CONTRACT OF SERVICE
PART I
AN AGREEMENT made at
between ................................... of
.................................... (employer) and the person
named in Part II
hereof as the employee on the conditions set forth in Part III
hereof.
Particulars
of Employee-
(i) Name ..............................................................
(ii) Address ..........................................................
Particulars
of employee's family (if accompanying him)-
(a) ........................................................................ (relationship)
(b) ........................................................................ (relationship)
(c) ........................................................................ (relationship)
(d) ........................................................................ (relationship)
PART II
Conditions
of Contract-
1. Place of
employment
....................................................
2.
Nature of employment
..................................................
3.-(a)
Duration of contract-
for ................................. calendar months/weeks/days commencing with the departure of the employee from ................... on ...........................
(b) The contract may only be terminated in accordance with the law and practice of the territory of ........................................................
4.-(a)
Rate of wages-
................................ per month/week/day/hour.
(b) With the exception of the sum of ........................ which shall be remitted each week/month to ...................... of (address) .................................. on ........................ of each week/month, wages shall be paid ............................. weekly/monthly during the currency of ................................................
5.-(a)
*The employer shall, at his own expense, provide the employee with food in
accordance with the following scale:-
(i) ................................................. per ......................
(ii) ................................................. per .....................
(iii) ................................................. per ....................
(iv) ................................................. per ....................
(iv) ................................................. per ....................
(b) *The employer shall in addition to cash wages, pay the employee a food allowance of ......................................... per month/week/day. Such allowance shall be paid with effect from and shall cease on termination of the contract:
Provided that if food is not included in the cost of the transport. provided by the employer in accordance with paragraph 5 (c) hereof the allowance shall continue to be paid for the duration of the journey to the employee's home.
(c) The employer shall at his own expense provide transport by ......................... for employee/and his family* from the place where the contract was attested to the place where the contract is to be performed and on the termination of the contract the employer shall at his own expense provide transport by ............................. to the employee's home.
(d) The employer shall, unless the employee has broken his contract of service or the contract is frustrated or its performance prevented by-act of God, provide his employee with work in accordance with the contract during the period for which the contract is binding, on a number of days equal to the number of working days expressly or impliedly provided for in the contract, and if the employer fails to provide work as aforesaid he shall pay to the employee, in respect of every day on which he shall so fail, wages at the same rate as if the employee had performed a day's work.
6.
*The employer shall at all times, at his own expense provide reasonable
accommodation for the employee/and his family* at or near
to place of
employment.
(Where the employer
elects not to provide housing accommodation, he must ............. the employee
such sufficient sum, as rental,
in addition to his wages, as will enable the
employee to obtain reasonable
accommodation.)
7. The contract,
except in so far as is inconsistent with its express terms, shall be subject to
the provisions of the Workmen's Compensation
Act:
(cap.
94.)
Provided that if there are in
force at the place of employment laws in relation workmen's compensation more
favourable to the employee
than those in force in the contract shall be subject
to the provisions of the laws in force at the place of
employment.
8. Other
conditions-
......................................................................................
*Delete
as necessary.
PART IV
I agree to abide by the
conditions of this contract.
...................................................................
Signature
of
Employer
.....................................................................
Signature
or thumb-print of Employee
Date
................................., 19 ............
PART V
I HEREBY
CERTIFY
that I have examined the person named
herein is the employee, and that such person is physically fit to perform the
work contemplated
by this contract. (i)
...........................................................................
Signature
of Medical Officer
Date
................................., 19 ............
PART VI
I HEREBY CERTIFY that I
have read over and explained this contract to both parties named therein as the
employee and employer and
that they, with full understanding of the meaning of
the contract, have voluntarily assented thereto.
......................................................................
Signature
of Attesting
Officer
......................................................................
Designation
Date
................................., 19
............
Notes-
(i) An employee is required to be medically examined before his departure from Fiji. (Sections 36 (4) and 47 (1) (c) of the Employment Act.)
(ii) Foreign contracts are required to be attested before the employee leaves Fiji; they must not exceed two years in cases where an employee is accompanied by his family; where he is not accompanied by his family contracts shall not exceed one year. (Section 47 (1) (a) and (e) of the Employment Act.)
*Delete
as necessary.
-------------------------------------------
FOURTH SCHEDULE
EMPLOYMENT
REGULATIONS
(Regulation
5)
FORM OF BOND FOR SECURITY FOR THE PAYMENT OF WAGES
BY THIS BOND I/we of
(hereinafter called "the employer") do hereby bind myself (ourselves) to the
GOVERNMENT OF FIJI for payment to
it of the sum of
.....................
SEALED with
my(our) seals(s) this ........................ day of
................................. 19
...............
WHEREAS the
employer is about to engage (and) ........................................
(hereinafter called "the employee(s)") as an
employee(s) and has been required
under subsection (1) of section 48 of the Employment Act, to give this bond for
the payment of his (their)
wages.
THE CONDITION of the
above-written bond is such that if the employer throughout the term of
engagement of the employee(s) pay the
wages of the employee(s) promptly and in
full then the above-written bond shall be void but these shall remain in full
force and
effect.
SIGNED, SEALED
AND DELIVERED by the above-bounden
..........................................................................................
In the presence of: ........................................................................
L.S.
SIGNED, SEALED AND
DELIVERED by the above-bounden
..........................................................................................
In the presence of: ........................................................................
L.S.
SIGNED, SEALED AND DELIVERED by the above-bounden
..........................................................................................
In the presence of: ........................................................................
L.S.
-------------------------------------------
FIFTH SCHEDULE
SCALE
OF
FEES
(Regulation
20)
The fee to be paid to a
medical officer by an employer in respect of each employee examined by him under
the provisions of subsection
(6) of section 36 be $2.10 together with any
charges prescribed in the First Schedule to the Hospitals and Dispensaries
Regulations.
-------------------------------------------
Controlled by Ministry of Employment and Industrial Relations
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