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Kiribati - Minimum Wages - 2011


LAST UPDATE

20 September 2011

SOURCES


Name of Act

Employment Ordinance [Cap 30] Revised Edition 1977, commenced 22 April 1966, and amended to incorporate Employment (Amendment) Act 1980 No. 9 of 1980. Published by Pacific Islands Legal Information Institute (PacLII) at http://www.paclii.org/ki/legis/consol_act/eo202/ Two further amendments have also been passed and reflected in the following report:
(1) No. 6 of 2000, published by Pacific Islands Legal Information Institute (PacLII) at http://www.paclii.org/ki/legis/num_act/ea2000229/; and
(2) No. 2 of 2008, published by Pacific Islands Legal Information Institute (PacLII) at http://www.paclii.org/ki/legis/num_act/ea2008229/

LEGAL DEFINITIONS


Employee/worker

Worker means any person who has entered into or works under a contract of employment and includes any immigrant worker, a worker who is apprenticed and any domestic servant and self-employed persons including children working in the absence of an employment relationship.
Employment Ordinance (as amended 2000 and 2008) §2

Employer

Employer means any person by whom a worker is employed and includes a prospective employer and the Government.
Employment Ordinance (as amended 2000 and 2008) §2

Minimum wage

Minimum wage means the minimum rate of wages fixed as in this Part provided in respect of the particular occupation followed by the person concerned and applicable to that person.
Employment Ordinance (as amended 2000 and 2008) §26

MINIMUM WAGE FIXING


Procedure


Procedure in general

The Minister may by order fix minimum rates of wages for workers in any occupation or in any class or grade of any occupation, either generally or in any specified area or district, in any case in which he is satisfied that the minimum rate of wages being paid to any persons employed in any such occupation is unreasonably low.
Employment Ordinance (as amended 2000 and 2008) §27(1)
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Government decides after consultation of the social partners

Before making any order fixing a minimum rate of wages for any workers, the Minister shall consult with the representatives of the employers of such workers and with representatives of the workers.
Employment Ordinance (as amended 2000 and 2008) §27(2)

Minimum wage set through decentralized collective bargaining

Any minimum rate of wages may, with the written permit of the Commissioner, be subject to abatement by collective agreement; and thereupon during the continuance of such collective agreement the wage and conditions specified in such permit shall be deemed to be the minimum wage fixed in respect of the employed persons who are a party to such collective agreement.
Employment Ordinance (as amended 2000 and 2008) §33(2)

Criteria

No criteria specified by statute.

Coverage


Scope

The scope of minimum wage orders is to be specified in the relevant ministerial order. No relevant ministerial order has been identified.
Employment Ordinance (as amended 2000 and 2008) §27(1)

Excluded categories

No category of worker is prima facie excluded from the coverage of the minimum wage provisions of the Employment Ordinance, although exemptions may be granted with respect to infirm or disabled persons.
Employment Ordinance (as amended 2000 and 2008) §33(1)

» Workers

The Commissioner may issue permits of exemption to infirm or disabled persons authorising the employment of such persons at less than the minimum wage fixed in respect of the occupation in which such persons are employed, and such permits may specify the conditions under which such persons may be so employed and the wage conditions specified in such permit shall, for the purposes of this Part, be deemed to be the minimum wage.
Employment Ordinance (as amended 2000 and 2008) §33(1)

Specific minimum wage rates

No specific minimum wage rates identified.

Level


Minimum wage level(s) in national currency

No minimum wage rates have been identified.

Rate of payment


» Monthly

Where the wages of a worker are payable monthly they shall be paid not later than 1 day after the expiration of the period in respect of which they are due.
Employment Ordinance (as amended 2000 and 2008) §14(1)

» Other

An employer may agree with a worker in his employment that the wages of such worker shall be paid at an agreed rate in accordance with the amount of work done and not by the month or by the day.
Employment Ordinance (as amended 2000 and 2008) §11(2)

Scheduled frequency of adjustment

The scheduled frequency of adjustment is not specified by statute.

Enforcement mechanisms


Labour inspection

The Minister may appoint an officer to be the Commissioner of Labour, and may appoint one or more officers to be Deputy Commissioners of Labour and Assistant Commissioners of Labour and such other officers as may be necessary who, subject to such limitations as the Minister may prescribe, may perform all duties imposed and exercise all powers conferred on the Commissioner by the Employment Ordinance.

Employers must keep records concerning his workers containing sufficient information to form a full record of the workers and the terms and conditions of their employment. Further, the employer must keep a register or check roll showing the names of workers, nature of employment, rate of wages, amount and value of rations (if any), amount earned, advances, deductions, net amount due, amount paid and any bonus due to the worker.

Finally, on or before the 30th April of each year, every employer of 5 or more workers shall furnish to the Commissioner of Labour a return of such workers as were in his employ on the 1st April of that year, which return shall be complete and accurate in every particular and shall be in the form prescribed in the Schedule. The prescribed form requires the employer to report the maximum and minimum wage paid to the different categories of workers employed by the employer.
Employment Ordinance (as amended 2000 and 2008) §§4(1), 12 and Employment (Return) Regulations (see pp48-51 of principal attachment)

Fines in national currency for non-respect of legislation

Where any minimum rate of wages has been fixed, an employer who fails to pay wages at the applicable minimum rate shall be liable in respect of each offence to a fine of $40, and to a fine of $10 for each day on which the offence is continued after conviction therefor.
Employment Ordinance (as amended 2000 and 2008) §28(1)

Other penalties

In addition to any fine, an employer convicted of failing to pay wages no lower than the applicable minimum rate may be ordered to pay such sum as appears to the court to be due, calculated at the minimum rate.
Employment Ordinance (as amended 2000 and 2008) §28(2)

Results generated on: 01st August 2014 at 01:41:09.
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