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Kiribati - Working time - 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

NORMAL HOURS LIMITS


Daily hours limit


General limit

After consultation with representatives of organisations of the workers in any particular industry, occupation or area, and with representatives of organisations of their employers, the Commissioner may by order specify the days and hours of work for such workers and the rates at which they shall be paid for any work in excess of that specified.
Employment Ordinance (as amended 2000 and 2008) §10

Exceptions

Any employer and a worker may agree to the assignment of a task to be performed by the worker as equivalent to work for a day of 8 hours and the performance of such task shall, for the purposes of this Ordinance, be equivalent to working for a day.
Employment Ordinance (as amended 2000 and 2008) §11(1)

Weekly hours limit


General limit

After consultation with representatives of organisations of the workers in any particular industry, occupation or area, and with representatives of organisations of their employers, the Commissioner may by order specify the days and hours of work for such workers and the rates at which they shall be paid for any work in excess of that specified.
Employment Ordinance (as amended 2000 and 2008) §10

OVERTIME WORK


Criteria for overtime

No prescribed criteria identified.

Limits on overtime hours

No limits on overtime hours identified.

Compensation for overtime work

The rates at which workers shall be paid for any overtime work shall be specified by order of the Commissioner in relation to particular industries, occupations or areas, after consultation with representatives of organisations of the workers and with representatives of organisations of their employers.
Employment Ordinance (as amended 2000 and 2008) §10

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE

No provisions establishing a statutory entitlement to annual leave identified.
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PUBLIC HOLIDAYS

No entitlement to or regulation of public holidays identified, save for a provision contemplating that the employer and employee may agree that the employee may absent him or herself from work on a public holiday without reduction in wages.
Employment Ordinance (as amended 2000 and 2008) §13

Payment

In any contract it may be stipulated, subject to the provisions of section 10, that wages shall only be payable for days actually worked, for public holidays, and for days other than Sundays or other rest days on which through no fault of the worker no work is provided by the employer.
Employment Ordinance (as amended 2000 and 2008) §13

EMERGENCY FAMILY LEAVE

No entitlement to emergency family leave identified.

PART-TIME WORK


General provisions

No provisions on part-time work identified.

NIGHT WORK


Limits

The only provisions regulating the performance of night work are those limiting the performance of night work by women and young workers. These provisions are set out under ’Special Categories’ below.

Special categories


Young workers

A male person under the age of 18 shall not be employed or work during the interval between 6pm and 6am in any industrial undertaking unless:
(i) he has attained the age of 16; and
(ii) the health, safety, education, morals and development of the young person are fully protected; and
(iii) the young person has received adequate specific instruction or vocational training in the relevant branch of activity.
Employment Ordinance (as amended 2000 and 2008) §§83, 86

Women

Women shall not be employed between 6pm and 6am in any undertaking, except where the night work-
(a) has to do with raw materials or materials in course of treatment which are subject to rapid deterioration; or
(b) is necessitated by an emergency which it was impossible to foresee and which is not of a recurring character; or
(c) is that of a responsible position of management held by a woman who is not ordinarily engaged in manual work; or
(d) is that of nursing and of caring for the sick, or other health or welfare work; or
(e) is carried on in a cinematograph or other theatre while such theatre is open to the public; or
(f) is carried on in connection with a hotel or guest house, or with a bar, restaurant or club; or
(g) is carried on by a registered pharmacist; or
(h) is not prohibited by an international convention applying to Kiribati and is specifically declared by the Minister by order to be work upon which women may so be employed.
Further, the Minister may by order from time to time suspend the prohibition of the employment of women during the night when in case of serious emergency the public interest so demands.
Employment Ordinance (as amended 2000 and 2008) §§76, 77, 78

SHIFT WORK


Criteria for shift work

No provisions regulating shift work identified.

ON-CALL WORK


Criteria

No provisions regarding on-call work identified.

FLEXITIME


Criteria

No provisions on flexitime identified.

CASUAL WORK


General provisions

No provisions on casual workers or casual working time arrangements identified.

SHORT-TIME WORK/WORK-SHARING


General provisions

No provisions on short-time or work-sharing arrangements identified.

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

No employee entitlement to change working hours identified.

INFORMATION & CONSULTATION


Information

Every contract shall be in triplicate and shall contain in clear and unambiguous terms all that may be necessary to define the rights and obligations of the parties thereto and shall in all cases include any entitlement to annual leave and leave pay and any entitlement to sick leave and payment whilst sick. No other requirement to inform workers of working time arrangements identified.
Employment Ordinance (as amended 2000 and 2008) §56

Consultation

No requirement on employers to consult with workers or their representatives regarding working time arrangements identified. However, the Commissioner must consult representatives of organisations of the workers, and with representatives of organisations of their employers, before making any orders with respect to working time arrangements in any particular industry, occupation or area.
Employment Ordinance (as amended 2000 and 2008) §10

Results generated on: 29th July 2014 at 18:49:02.
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