The consultation process for the Employment Relations and Work Care Bill in Fiji has come under fire due to claims that it is rushed and poorly timed. Lawyer Jon Apted highlighted the shortcomings during a discussion on The Lens@177 program, noting that the announcement for public consultations was made in December, but the formal notice was not issued until December 28. This timing, particularly during the holiday season, left stakeholders with minimal time to prepare their responses.
Consultations commenced on January 8, which critics argue is too tight a schedule, especially as copies of the proposed amendment Bill were not provided to the Fiji Employers and Commerce Federation (FCEF) until just a week before the consultations began. The FCEF has emphasized the need for a more comprehensive engagement, arguing for better notification and additional time to review the amendments proposed in the Bill. Their request for an extension was briefly granted, pushing the deadline to January 24, but many still feel this period is inadequate.
During a meeting on January 22, members of the FCEF raised concerns that the government’s approach could result in significant repercussions for employers and the economy. Apted stressed the necessity of involving all stakeholders, including employers and workers who were not represented during the Employment Relations Advisory Board (ERAB) review, in discussions about how these legislative changes will affect their businesses.
Echoing this sentiment, FCEF Chief Executive Officer Edward Bernard previously criticized the government for not sharing the draft Bills in advance, which inhibits effective preparation. He called for postponing the consultations to early February 2025 to allow stakeholders adequate time for discussion, especially in light of recent challenges, such as flooding in the Western Division, which has impacted many businesses.
This situation reflects broader concerns about transparency and inclusivity in labor legislation, suggesting that a more thoughtful approach to consultations could yield laws that are in the best interest of both workers and businesses. The hope is that the government will recognize the need for constructive dialogue, making the legislative process a collaborative effort that leads to policies beneficial to Fiji’s economic recovery.
In summary, the FCEF’s efforts to voice concerns over the rushed consultation process underline the importance of allowing ample time for feedback and promoting stakeholder engagement. A more inclusive consultation could lead to effective legislation that better supports the workforce while fostering a healthier business environment.
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