Employers in Fiji have been reassured by the national secretary of the Fiji Trade Union Congress (FTUC), Felix Anthony, that they need not fear the penalties associated with the amendments to the Employment Relations Act (ERA) 2007, provided they comply with the law. His remarks were made in light of concerns voiced by the Fiji Commerce and Employers Federation (FCEF), which suggested that the amendments disproportionately target employers while favoring worker benefits, potentially disregarding the realities faced by businesses of various sizes and sectors.

Anthony emphasized that the penalties introduced by the amendments are intended to hold accountable those few employers who habitually breach laws and engage in unfair practices, such as wage theft. “It is for the rotten apples that these penalties have been put in,” he stated, underscoring the need to address the conduct of employers who exploit their workers.

The Ministry of Employment and Workplace Relations has faced challenges in enforcing existing laws, as current penalties are not seen as sufficient deterrents against law violations. Anthony highlighted that the new penalties aim to close gaps that allow such violations to persist, citing an ongoing court case involving $2 million owed to workers as an example of the consequences of negligence on the part of employers.

The FCEF, while arguing against the severity of these proposed penalties, has indicated that they could adversely impact the micro, small, and medium enterprise (MSME) sector, which represents a significant proportion of Fiji’s workforce. They claim that the proposals could stifle business growth and deter investment due to the fear of heavy fines and potential imprisonment for non-compliance.

However, the FTUC maintains that businesses should not be concerned if they adhere to the law. They argue that the legislation is designed to bring Fiji’s labor laws in line with international standards, a commitment bolstered by the government’s pledge to the International Labour Organization (ILO).

As discussions surrounding these amendments continue, the FTUC calls for accountability among employers, advocating for a just workplace where workers’ rights are protected. Both entities suggest that an open dialogue between the government and employers is essential for developing balanced labor regulations.

In this context, the situation presents an opportunity for constructive engagement aimed at refining the proposed changes in a manner that safeguards both employer interests and worker rights, ultimately fostering a healthier work environment and economy in Fiji.