The Fiji Commerce and Employers Federation (FCEF) has formally rejected the draft Employment Relations Bill, stating it will oppose its passage to Parliament in its current state. FCEF Chief Executive Officer Edward Bernard articulated the organization’s concerns in a recent statement, indicating that its representatives on the Employment Relations Advisory Board (ERAB) would not endorse the proposed bill due to insufficient discussions during public consultations.
Bernard noted that only one meeting was convened to discuss the bill, after which substantive documents were not shared in a timely manner, hindering thorough review and dialogue. Specifically, the FCEF representatives received the comprehensive tracked annotated Bill and summary of public submissions only after this initial meeting, which was inadequate for a detailed evaluation.
The draft bill contains elements that the FCEF believes will severely impact employment opportunities and business sustainability, particularly provisions such as absolute liability, the criminalization of contract breaches, and excessive fines. The FCEF argues that these measures overly penalize employers and do not take into account the varying sizes and conditions of businesses in Fiji, particularly micro, small, and medium enterprises (MSMEs), which represent a significant portion of employers in the country.
This situation echoes previous criticisms by the FCEF regarding proposed amendments to the Employment Relations Act 2007 and the Work Care Bill 2024. The federation has consistently advocated for a more balanced approach that considers both worker protections and the realities faced by businesses, particularly in relation to the economic conditions and the high costs of doing business in Fiji.
Bernard stressed the necessity for modernizing labor laws to reflect current economic dynamics, including the increasingly relevant gig economy and the need for flexibility in employment arrangements. By urging for further discussions at the ERAB, the FCEF highlights a vital opportunity for collaborative governance that could yield labor legislation benefiting all stakeholders involved.
Employers and workers alike could stand to gain from constructive engagement during this legislative process, emphasizing the importance of transparency and collaboration in shaping labor laws. With enhanced dialogue, there remains hope for achieving a fair equilibrium between employer responsibilities and employee rights, potentially fostering sustainable economic growth within Fiji’s workforce landscape.
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