Labour standards

New Package of Labour and Occupational Safety and Health Law Passed in Kiribati

New labour legislation passed in Kiribati in August has significantly raised the profile of international labour standards and made major changes to the governance of labour relations in the country.

31 August 2015

In a significant milestone, the existing legal framework has been repealed and the new Employment and Industrial Relations Code and Occupational Safety and Health Act were passed into law in August. The new framework is based on the work of a tripartite Decent Work Agenda Steering Committee with technical support from the International Labour Organization. The comprehensive framework marks a significant achievement in the Government’s efforts to modernize the governance of labour relations and improve compliance with international labour standards.

The Minister for Labour and Human Resources Development, Hon. Martin Moreti highlighted that the new legislation is of significant importance to workers in Kiribati, particularly private sector workers who will see a significant improvement in terms and conditions of employment. The Hon. Minister thanked the ILO for its support, particularly during the consultation process.

The Officer in Charge of the ILO Office of Pacific Island Countries, Mr Satoshi Sasaki also commended the efforts of the Government of Kiribati. "The new legislation provides and important framework for good labour governance by significantly advancing the legal protection of workers and providing for a fair and transparent system of labour relations in Kiribati" said Mr. Sasaki.

The new Employment and Industrial Relations Code establishes a comprehensive framework for labour relations and establishes the Decent Work Advisory Board, a tripartite labour advisory body comprising representatives of Government, employers and workers who will play an important role in labour policy, including making minimum wage recommendations to the Minister of Labour.

The new Code establishes
• a strengthened system of oversight by the Ministry of Labour and Human Resource Development, including providing for a system of comprehensive labour inspection;
• strengthened provisions relating to freedom of association for employers and workers;
• new provisions governing collective bargaining, including requirements to bargain in good faith
• new leave entitlements for employees;
• new provisions clearly defining the minimum age for employment – including prescribing a minimum age for employment, minimum age for light work and prohibiting children from engaging in hazardous work
• provisions prohibiting the worst forms of child labour
• new provisions prohibiting sexual harassment in the workplace and to repeal discriminatory elements of existing labour laws.

The new Occupational Safety and Health Act was also passed in August and marks a significant milestone in efforts to tackle occupational injuries and diseases. To date Kiribati has had a limited legal framework very few legal obligations on employers and employees to maintain safe and healthy workplaces. The preventative regime places duties on employers and employees in workplaces and establishes a new system of accident recording, investigation and surveillance.

The Ministry of Labour and Human Resource Development will provide a significant role in governance of health and safety issues through the establishment of Occupational Safety and Health Inspectors who have a number of functions under the Act including the inspection of workplaces.