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Fiji - Working time - 2011


LAST UPDATE

28 July 2011

SOURCES


Name of Act

Employment Relations Promulgation 2007, Promulgation no. 36 of 2007 dated 2 October 2007, published by the Ministry of Labour, Industrial Relations and Employment, on http://www.labour.gov.fj/laws.htm, accessed 26 July 2011
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Name of Act

Wages Regulation Orders 2011, by industry. Dated 21 April 2011 and published 20 May 2011 by the Ministry of Labour, Industrial Relations and Employment in the Fiji Islands Government Gazette Supplement and electronically at http://www.labour.gov.fj/wros/wro2011.pdf, accessed 26 July 2011

LEGAL DEFINITIONS


Working time/working hours

No definition identified.

Employee/worker

Worker means a person who is employed under a contract of service, and includes an apprentice, learner, domestic worker, part-time worker or casual worker.
Employment Relations Promulgation 2007 §4
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Employer

Employer means a corporation, company, body of persons or individual by whom a worker is employed under a contract of service; and includes:
(a) the Government;
(b) other Government entities;
(c) a local authority;
(d) a statutory authority;
(e) the agent or authorised representative of a local or foreign employer.
Employment Relations Promulgation 2007 §4
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Overtime/overtime work

Overtime is not defined by the Employment Relations Promulgation 2007. However, all of the wages regulation orders make express provision for overtime and generally define it to mean any work performed in excess of the worker’s normal daily hours limit and any work performed on a rest day or public holiday.
Employment Relations Promulgation 2007
Wages Regulation Orders 2011 Various provisions

Part-time work(er)

Part-time worker means a person who is employed under a contract of service on a part-time basis for a specified number of hours a day or specified number of hours or days a week.
Employment Relations Promulgation 2007 §4
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Night work(er)

No definition identified.

Shift work(er)

No definition identified.

Domestic worker

Domestic worker means a person employed in connection with the work of a private dwelling-house and not in connection with a trade, business or profession carried on by the employer in the dwelling-house such as a cook, house worker, child’s nurse, gardener, laundry worker, security officer, or a driver of a vehicle licensed for private use.
Employment Relations Promulgation 2007 §4
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Young worker

Child is defined as any person under the age of 18 years.
Employment Relations Promulgation 2007 §4
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NORMAL HOURS LIMITS

The Employment Relations Promulgation limits normal weekly hours to 48 hours over a 6 day week. No daily hours limits of general application identified.
Employment Relations Promulgation 2007
Wages Regulation Orders 2011

Daily hours limit

The Employment Relations Promulgation does not set daily hours limits.
Employment Relations Promulgation 2007
Wages Regulation Orders 2011
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Special categories

The Employment Relations Promulgation makes special provision for children.
Employment Relations Promulgation 2007 §97

» Young workers

A child must not be employed or permitted to be employed for more than 8 hours in a day.
Employment Relations Promulgation 2007 §97(1)
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Weekly hours limit

An employment contract must fix at not more than 48 the maximum number of hours (exclusive of overtime) to be worked in a week by a worker bound by that contract.
Employment Relations Promulgation 2007 §72(1)

General limit

The general weekly hours limit is 48 hours.
Employment Relations Promulgation 2007 §72

Exceptions

The 48 hour limit does not apply to workers employed in managerial or executive positions or to contracts of service made between an individual worker and an individual employer which fixes a rate of remuneration that is special to that worker by reason of special qualifications, experience, or other qualities possessed by that worker and does not involve discrimination in relation to that worker or any other worker.
Employment Relations Promulgation 2007 §73

OVERTIME WORK

Overtime is contemplated, but not regulated, by the Employment Relations Promulgation 2007. Regulation of overtime is instead limited to the ten wages regulation orders. These define and regulate overtime in different ways, but all provide for additional compensation in relation to overtime worked.
Wages Regulation Orders 2011 See various ’Overtime’ provisions

Criteria for overtime

No criteria identified.

Limits on overtime hours

No limits on overtime hours identified.
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Compensation for overtime work

Statutory entitlements to additional compensation for overtime work only apply to workers covered by wages regulation orders.
Wages Regulation Orders 2011

Overtime rate(s)

The rate of compensation for overtime work depends on the terms of the relevant order, but is generally one and a half time for overtime worked after a normal shift and double time for overtime worked on a rest day or public holiday. Most wages regulation orders also prescribe a minimum number of hours for which a worker must be paid in the event that he or she is required to work on a rest day or public holiday.
Wages Regulation Orders 2011 See various ’Overtime’ provisions
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Exceptions

No relevant provisions identified.
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Compensatory rest

No relevant provisions identified.

Compensation procedure

No relevant provisions identified.

Notice of requirement to work overtime

No relevant provisions identified.

SCHEDULES

Few provisions exist relating to scheduling worker time. These are limited to the working hours of children, and to the scheduling of shifts in some industries.
Employment Relations Promulgation 2007
Wages Regulation Orders 2011

Special categories

Special provisions apply to children.
Employment Relations Promulgation 2007 §97

Young workers

A child must not be employed or permitted to be employed during a period when the child is required to attend school or for a period which prejudices the child"s educational participation.
Employment Relations Promulgation 2007 §97(2)
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REST PERIODS

Few provisions granting positive entitlements to rest periods identified. Where they exist, they primarily concern provision for a rostered day off and are limited to workers covered by a wages regulation order.
Wages Regulation Orders 2011

Rest breaks

The Employment Relations Promulgation does not provide for an entitlement to rest breaks for any workers other than children.
Employment Relations Promulgation 2007 §97(1)(b)

Special categories

Special provisions is made for children.
Employment Relations Promulgation 2007 §97(1)(b)

» Young workers

A child must be given at least 30 minutes paid rest for every continuous 4 hours worked.
Employment Relations Promulgation 2007 §97(1)(b)
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Daily rest periods

No general entitlement to daily rest periods identified.
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Weekly rest periods

The Employment Relations Promulgation does not expressly provide for weekly rest periods, but implicitly requires that rest days be provided through limitations on the number of days over which a worker’s hours may be scheduled.

Some wages regulation orders make express provision for rest days in relation to certain workers in particular sectors.
Employment Relations Promulgation 2007 §67(2) and (3)
Wages Regulation Orders 2011 Wages Regulation (Mining and Quarrying Industry) Order §7
Wages Regulation (Manufacturing Industry) Order §8
Wages Regulation (Hotel and Catering Industry) Order §5
Wages Regulation (Sawmilling and Logging Industry) Order §7
Wages Regulation (Road Transport Industry) Order §8

Duration

The Employment Relations Promulgation provides that if the number of hours (exclusive of overtime) fixed by an employment contract to be worked by a worker in a week is as prescribed by subsection 48 hours, the parties must fix the daily working hours so that those hours are worked on not more than 6 days of the week. As a consequence, workers who are contracted to work 48 hours per week are to have 1 day off per week.

On the other hand, if the maximum number of hours (exclusive of overtime) fixed by an employment contract to be worked by a worker in a week is not more than 45, the parties to the contract must fix the daily working hours so that those hours are worked on not more than 5 days of the week. As a consequence, workers who are contracted to work not more than 45 hours per week are to have 2 days off per week.

Where a wages regulation order provides for a rest day, this is usually of a duration of 1 day.
Employment Relations Promulgation 2007 §67(2) and (3)
Wages Regulation Orders 2011 Wages Regulation (Mining and Quarrying Industry) Order §7
Wages Regulation (Manufacturing Industry) Order §8
Wages Regulation (Hotel and Catering Industry) Order §5
Wages Regulation (Sawmilling and Logging Industry) Order §7
Wages Regulation (Road Transport Industry) Order §8

Day specified

No day specified by statute.

Work on weekly rest day

Work performed on a weekly rest day is defined as overtime work by each of the wages regulations orders. For information on how this is regulated, see information provided under ’Overtime Work’ above.
Wages Regulation Orders 2011 See various ’Overtime’ provisions

ANNUAL LEAVE AND PUBLIC HOLIDAYS

Statutory entitlements to annual leave and public holidays are enshrined in the Employment Relations Promulgation 2007 and affirmed in the wages regulation orders.
Employment Relations Promulgation 2007
Wages Regulation Orders 2011

ANNUAL LEAVE

The Employment Relations Promulgation provides for an entitlement to 10 days’ annual leave.
Employment Relations Promulgation 2007 §59

Qualifying period

A worker must have worked for a year, and not been absent from work for more than 20 normal working days during the year, except on certified sick leave or for reasons acceptable to the employer.
Employment Relations Promulgation 2007 §59(1) and (2)

Duration

Workers are entitled to 10 days’ paid annual leave for each complete year of service.
Employment Relations Promulgation 2007 §59(1)

» General

Workers are entitled to 10 days’ paid annual leave for each complete year of service.
Employment Relations Promulgation 2007 §59(1)

» Exceptions

No exceptions identified. However, if the employment relationship is terminated part-way through a year (including the first year of service), the worker is entitled to payment in lieu of leave at the rate of 5/6 of a day’s wages for each completed month of service.
Employment Relations Promulgation 2007 §60

Payment

The period of annual leave is to be paid, prior to the period of leave.
Employment Relations Promulgation 2007 §§59(1), 63

» Amount

The worker must be paid such wages for the holidays as the worker would have been paid for the time the worker would have worked during that period.
Employment Relations Promulgation 2007 §59(1)

» Date of payment

Wages in respect of the holiday must be paid in advance of or on the payday immediately preceding the holiday.
Employment Relations Promulgation 2007 §63

Schedule and splitting

The employer must permit workers to take annual leave in one unbroken period or, at the request of the worker, in two or more periods one of which must be a continuous period of one week.
Employment Relations Promulgation 2007 §59(3)

Work during annual leave

No relevant provisions identified.

Special categories

No relevant provisions identified.

PUBLIC HOLIDAYS

Public holiday means a public holiday listed under section 64 and includes a special public holiday declared under section 66 of the Employment Relations Promulgation 2007.
Employment Relations Promulgation 2007 §4

Number and dates

The Employment Relations Promulgation provides for 12 public holidays, which are to be observed in all workplaces:
(a) New Years Day;
(b) Good Friday;
(c) Easter Saturday;
(d) Easter Monday;
(e) Prophet Mohammed’s Birthday;
(f) Ratu Sir Lala Sukuna Day;
(g) Queen’s Birthday;
(h) Youth Day;
(i) Fiji Day;
(j) Diwali;
(k) Christmas Day; and
(l) Boxing Day.

Additional days may be appointed as public holidays by ministerial notice in the Gazette.
Employment Relations Promulgation 2007 §§64, 66

Payment

Workers are to be paid in respect of public holidays for the number of hours (exclusive of overtime) which the worker would normally have worked on that day had it not been a public holiday. However, the worker will have to had worked for the employer during the preceding work day and attend for work on the following work day to be entitled to payment for the public holiday, unless unable to attend due to certified illness or other reason acceptable to the employer.
Employment Relations Promulgation 2007 §67(3) and (4)

Work on Public Holidays

The Employment Relations Promulgation 2007 provides that, if a worker works on a public holiday, the worker must be paid the single rate for all hours worked in addition to the amount otherwise payable to workers who do not work on public holidays.

All of the wages regulation orders provide that any work performed by a relevant worker on a public holiday is overtime.
Employment Relations Promulgation 2007 §67(2)
Wages Regulation Orders 2011 See various ’Overtime’ provisions
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» Criteria

No criteria identified.

» Compensation

The worker must be paid at single rate for time worked and at single rate for whatever time he or she would have ordinarily worked had it not been a public holiday.
Employment Relations Promulgation 2007 §67(1) and (2)
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EMERGENCY FAMILY LEAVE

No emergency family leave entitlement identified. However, a worker who has completed more than 3 months continuous service with the same employer is entitled to 3 days paid bereavement leave in a year, in addition to any other leave entitlement.
Employment Relations Promulgation 2007 §69

PART-TIME WORK

Part-time work is not afforded separate treatment by the Employment Relations Promulgation. However, the protections of the Promulgation are expressly extended to part-time workers by the definition of ’worker’.
Employment Relations Promulgation 2007 §4

General provisions

There are no provisions specific to part-time workers in the Employment Relations Promulgation or wages regulation orders. However, ’part-time workers’ (as defined) are expressly included in the definition of worker, meaning that all the protections and entitlements of the Employment Relations Promulgation extend to part-time workers.
Employment Relations Promulgation 2007 §4
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Limits

No relevant provisions identified.

Schedule

If the maximum number of hours (exclusive of overtime) fixed by an employment contract to be worked by a worker in a week is not more than 45, the parties to the contract must fix the daily working hours so that those hours are worked on not more than 5 days of the week.
Employment Relations Promulgation 2007 §72(3)

Rest breaks

No relevant provisions identified.

Daily rest period

No relevant provisions identified.

Weekly rest period

As per full-time workers.
Employment Relations Promulgation 2007 §72

Annual leave

As per full-time workers.
Employment Relations Promulgation 2007 §59

Right to equal treatment

The Employment Relations Promulgation prohibits direct or indirect discrimination on the grounds of employment status.
Employment Relations Promulgation 2007 Part 9

Right/scope

The right to equal treatment extends to the following employment related matters:
(a) selection for employment;
(b) the terms of employment, conditions of work, or other fringe benefits, and opportunities for training, promotion, and transfer;
(c) termination of employment; and
(d) retirement.
Employment Relations Promulgation 2007 §77

Permissable justification for different treatment

A number of exceptions are provided, but none appear applicable to discrimination against part-time workers.
Employment Relations Promulgation 2007 §§82-89

NIGHT WORK

The Employment Relations Promulgation does not distinguish between work performed during the day and work performed during the night, except in relation to work performed by children. However, three wages regulation orders provide additional entitlements for night workers.
Employment Relations Promulgation 2007
Wages Regulation Orders 2011

Criteria for night work

No relevant provisions identified.

Limits

No relevant provisions identified.

Schedule

No relevant provisions identified.

Rest breaks

No relevant provisions identified.

Daily rest periods

No relevant provisions identified.

Weekly rest periods

No relevant provisions identified.

Annual leave

No relevant provisions identified.

Compensation

Night work allowances are payable to workers who earn less than $250 per week in the hotel and catering industry or the manufacturing industry, and transport must be provided to security service workers if no public transport is available.

No other relevant provisions identified.
Wages Regulation Orders 2011 Wages Regulation (Manufacturing Industry) Order 2011 s14
Wages Regulation (Hotel and Catering Industry) Order 2011 §11
Wages Regulation (Security Services) Order 2011 §11

Workers' health

No relevant provisions identified.
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Transfers

No relevant provisions identified.

Special categories

Specific regulation of night work by children is contemplated by the Employment Relations Promulgation 2007.
Employment Relations Promulgation 2007

Young workers

The Minister may, after consultation with the Board, by order in the Gazette, prescribe conditions for the employment of children between 6 o’clock in the afternoon of any day and 6 o’clock in the forenoon of the following day in a workplace.
Employment Relations Promulgation 2007 §98
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SHIFT WORK

No relevant provisions of general application identified. However, some wages regulation orders make express provision for shift workers.
Wages Regulation Orders 2011 Wages Regulation (Manufacturing Industry) Order 2011 §6
Wages Regulation (Hotel and Catering Industry) Order 2011 §7
Wages Regulation (Road Transport Industry) Order 2011 §6

ON-CALL WORK

No relevant provisions identified.

FLEXITIME

No relevant provisions identified.

CASUAL WORK

Casual work is not afforded separate treatment by the Employment Relations Promulgation. However, some wages regulation orders make specific provision for casual workers.
Employment Relations Promulgation 2007
Wages Regulation Orders 2011

General provisions

Casual worker means a worker whose terms of engagement provide for the worker’s payment at the end of each day’s work and who is not re-engaged within the 24 hour period immediately following the payment. Casual workers are expressly included in the definition of worker and are therefore extended the benefits of the Employment Relations Promulgation. However, some of the wages regulation orders exclude casual workers from entitlements relating to overtime and public holidays.
Employment Relations Promulgation 2007 §4
Wages Regulation Orders 2011 For example, see Wages Regulation (Printing Trades) Order 2011

Normal hours limit

As per all other workers, except for casual workers covered by the Wages Regulation (Printing Trades) Order 2011.
Employment Relations Promulgation 2007 §4
Wages Regulation Orders 2011 Wages Regulation (Printing Trades) Order 2011 §5

Overtime work

As per all other workers, except for casual workers covered by the Wages Regulation (Printing Trades) Order 2011.
Employment Relations Promulgation 2007 §4
Wages Regulation Orders 2011 Wages Regulation (Printing Trades) Order 2011 §7

Schedules

No relevant provisions identified.

Rest periods

No relevant provisions identified.

Annual leave

As per other workers.
Employment Relations Promulgation 2007 §§4, 59, 61

SHORT-TIME WORK/WORK-SHARING

No relevant provisions identified.

RIGHT TO CHANGE WORKING HOURS

No relevant provisions identified.

INFORMATION & CONSULTATION

There are no information and consultation requirements of general application. However, some employers will be required to include workers’ working time arrangements in written employment contracts and some will be required to establish consultation committees.
Employment Relations Promulgation 2007 §§9, 38 and Schedules 1 and 2

Information

There is no obligation on employers to inform workers or their representatives about working time arrangements in the workplace. However, workers who are required to have a written contract under §38 of the Employment Relations Promulgation are to have the hours and time of work set out in that contract.
Employment Relations Promulgation 2007 §38, Schedule 2

Consultation

Employer employing more than 20 workers must establish a Labour- Management Consultation and Cooperation committee to practise the principles of consultation and cooperation, as set out in Schedule 3 to the Employment Relations Promulgation. There is, however, no express requirement to consult with workers or their representatives regarding working hours.
Employment Relations Promulgation 2007 §9(3), Schedule 1

Results generated on: 23rd September 2014 at 16:23:34.
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