Employment Ordinance
    


Date:    

Source:   Labour Ordinance. Chapter 92
http://www.vanuatu.usp.ac.fj/paclawmat/Fiji_legislation/
plmlegislation_main.html

Subject:    labour, work, employment

Text:   

FIJI ISLANDS

CHAPTER 92

EMPLOYMENT ORDINANCE

ARRANGEMENT OF SECTIONS

PART I - PRELIMINARY

SECTION

  1. Short title and application.
  2. Interpretation.

PART II-LABOUR ADVISORY BOARD

  1. Labour Advisory Board.
  2. Duties of Labour Advisory Board.

PART III-APPOINTMENT, POWERS AND DUTIES OF OFFICERS

  1. Appointment of officers.
  2. Delegation by Permanent Secretary.
  3. Permanent Secretary may call for returns.
  4. Institution of proceedings.
  5. Powers of officers.
  6. Appeal.
  7. Duties of officers.
  8. Offence to delay or obstruct officer.

PART IV-CONTRACTS OF SERVICE GENERALLY

  1. Employment to be in accordance with Act.
  2. Existing contracts to continue in force.
  3. Contracts of service, oral and written.
  4. Duty of employer to provide work.
  5. Contract expiring on journey may be prolonged.
  6. Death of employee.
  7. No wages to be payable to employee for a period of imprisonment.

PART V-ORAL CONTRACTS OF SERVICE

  1. Application.
  2. Contracts not required to be in writing.
  3. Presumption as to period of oral contracts and termination of oral contracts.
  4. Presumption as to new contract.
  5. Provisions as to notice.
  6. Further provisions as to termination of contracts.
  7. Task, piece work or journey.
  8. Wages when due.
  9. Summary dismissal.
  10. Right to wages on dismissal for lawful cause.
  11. Quantum meruit.

PART VI-WRITTEN CONTRACTS

  1. Application and interpretation.
  2. Certain contracts to be in writing.
  3. Family not bound- by contract.
  4. Form and contents of contract.
  5. Attestation of contracts.
  6. Medical examination.
  7. Contracts by children and young persons.
  8. Period of service.
  9. Transfer to other employer.
  10. Termination of contract by expiry of the. term of service or by death.
  11. Termination of contract in other circumstances.
  12. Repatriation.
  13. Exemption from obligation to repatriate.
  14. Employer to provide transport on repatriation.
  15. Period of service on re-engagement.
  16. Summary of Part to be brought to notice of employees.
  17. Foreign contracts of service and contracts made abroad.
  18. Security by employer.
  19. Penalty for inducing persons to proceed abroad under informal contract.

PART VII-PROTECTION OF WAGES

  1. Payment of wages.
  2. Authorised deductions from wages.
  3. Remuneration other than wages.
  4. Interest on advances prohibited.
  5. Priority of wages.
  6. Exemption of employer on conviction of actual offender.
  7. Power of court to order payment to employee.

PART VIII-WOMEN, YOUNG PERSONS AND CHILDREN

  1. Application
  2. Power to exempt certain occupations from the provisions of Part.
  3. Employment of children under twelve years of age.
  4. Employment of children.
  5. Restriction on employment of children and young persons.
  6. Children and young persons not to be employed against the wishes of parent or guardian.
  7. Restriction on employment of children in industrial undertaking.
  8. Hours of work for children and young persons.
  9. Restriction on employment of women and young persons on night work.
  10. Emergencies.
  11. Restriction on employment of young persons in mines.
  12. Restriction on employment of children.
  13. Trimmers and stokers.
  14. Medical certificates.
  15. Employers of children and young persons to keep registers.
  16. Restriction on employment of women in mines.
  17. Offences by parents and guardians.

PART IX-MATERNITY PROTECTION

  1. Right to abstain from work before and after confinement and allowances payable therefor.
  2. Payment of maternity allowance.
  3. Payment of allowance on death of female.
  4. Loss of maternity allowance for failure to notify employer.
  5. Payment of allowance to nominee.
  6. Restriction on dismissal of female during allowance period.
  7. Conditions contrary to Part void.
  8. Registers of allowances paid.

PART X-CARE AND WELFARE

  1. Supply of water.
  2. Provision of medicine and medical treatment.
  3. Return of employees to place of engagement.
  4. Repatriation of body of deceased employee.

PART XI-REMEDIES, JURISDICTION AND PROCEDURE OF COURTS

  1. Jurisdiction of magistrate.
  2. Magistrate may summon parties.
  3. Husband and wife competent witnesses.
  4. Joinder in cases of non-payment of wages.
  5. Summary procedure.
  6. Proceedings on appeal.
  7. Power of subordinate courts.
  8. Compensation for loss, etc., of employer's property.
  9. Payment of fine or sum to party or person.
  10. Cancellation of contracts.

PART XII-OFFENCES

  1. Offences by employers.
  2. Offences by employees.
  3. False pretences.
  4. Penalty.

PART XIII-GENERAL

  1. Saving as to contract of service made abroad.
  2. Saving as to contracts under Acts relating to shipping.
  3. Regulations.
  4. Application of regulations.

SUBSIDIARY LEGISLATION

 

    
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