Labour law
Fiji takes critical step to reform the country’s Labour Laws in line with ILO standards
Fiji Parliament passes Employment Relations (Amendment) Bill 2023 to redefine essential services and increase time given to employees to file grievances.
15 December 2023
SUVA, Fiji (ILO News) - The Fiji Parliament has given the green light to the Employment Relations (Amendment) Bill 2023 marking a significant step by the Fiji Government to reform the country’s labour laws and to improve the rights of workers.
As a result of the legislative change, which passed parliament on 23 November 2023, workers in the financial, telecommunications, civil aviation, public utility, and public service (which includes central and local government, statutory government authorities and government commercial companies) sectors now have freedom of association rights in line with other workers.
The reform is part of realising a 2016 resolution, in which the Fiji Government and social partners committed to work towards ensuring legislative compliance with ratified International Labour Organization (ILO) Conventions. In 2020, the ILO’s Committee of Experts on the Application of Conventions and Recommendations (CEACR) identified the Essential National Industries (Employment) Decree 2011 (ENI Decree) as an impediment to freedom of association, due to restrictions on workers’ rights to freely organize. The ENI Decree included several industries which are not generally considered essential. The Bill adopted in November amends the definition of essential services and industries under Section 185 of the Employment Relations Act (ERA) 2007.
“We are pleased to support the Fijian Government in amending its labour laws to ensure continued progress towards realizing decent work for all,” said Christian Viegelahn, ILO’s Officer in Charge for the ILO’s Office for Pacific Island Countries, adding that, “these changes indicate the Government’s commitment to making further reforms and we stand ready to provide continued support to the reform process.”
The new legislation can also be seen to respond to the urging of the CEACR for the Fiji Government to review the list of essential services and ensure no undue restrictions on the right to strike and the Fiji Government has indicated a much broader commitment to facilitate reforms to its labour laws and ensure alignment with international labour standards.
The ILO Office for Pacific Island Countries, through a project funded by the Australian Department of Workplace and Employment Relations, is currently providing technical cooperation and advisory services to the Fiji Government to facilitate legislative changes in a consultative manner.
As a result of the legislative change, which passed parliament on 23 November 2023, workers in the financial, telecommunications, civil aviation, public utility, and public service (which includes central and local government, statutory government authorities and government commercial companies) sectors now have freedom of association rights in line with other workers.
The reform is part of realising a 2016 resolution, in which the Fiji Government and social partners committed to work towards ensuring legislative compliance with ratified International Labour Organization (ILO) Conventions. In 2020, the ILO’s Committee of Experts on the Application of Conventions and Recommendations (CEACR) identified the Essential National Industries (Employment) Decree 2011 (ENI Decree) as an impediment to freedom of association, due to restrictions on workers’ rights to freely organize. The ENI Decree included several industries which are not generally considered essential. The Bill adopted in November amends the definition of essential services and industries under Section 185 of the Employment Relations Act (ERA) 2007.
“We are pleased to support the Fijian Government in amending its labour laws to ensure continued progress towards realizing decent work for all,” said Christian Viegelahn, ILO’s Officer in Charge for the ILO’s Office for Pacific Island Countries, adding that, “these changes indicate the Government’s commitment to making further reforms and we stand ready to provide continued support to the reform process.”
The new legislation can also be seen to respond to the urging of the CEACR for the Fiji Government to review the list of essential services and ensure no undue restrictions on the right to strike and the Fiji Government has indicated a much broader commitment to facilitate reforms to its labour laws and ensure alignment with international labour standards.
The ILO Office for Pacific Island Countries, through a project funded by the Australian Department of Workplace and Employment Relations, is currently providing technical cooperation and advisory services to the Fiji Government to facilitate legislative changes in a consultative manner.