The consultation held in Nadi this week regarding the Employment Relations Amendment Act has sparked significant debate about the criminalization of administrative errors by employers. Ashfaaq Khan, managing director of Al-Hamd Smart Living, raised critical questions about the implications of the proposed Act. It outlines that employers must retain comprehensive records for six years and supply them within 14 days upon request. Failure to comply could incur fines of up to $10,000 for presenting false or incomplete records.
Mr. Khan expressed concerns about the lack of clarity in distinguishing between intentional fraud and unintentional errors, particularly for small businesses struggling with detailed compliance requirements. He questioned how legitimate reference checks could occur under proposed restrictions that prevent employers from disclosing information about former employees after resignation or termination without their consent. This raises further questions about the handling of essential legal disclosures such as fraud or misconduct.
During the consultations, Employment Ministry director of labor standards, Atish Kumar, confirmed that the requirement to maintain wages and time records has remained unchanged over the past six years, emphasizing its role in empowering workers to lodge complaints and in safeguarding their rights.
This discourse aligns with previous consultations seeking to enhance workplace protections under the Employment Relations Act, which have introduced considerable penalties for harassment-related offenses. Concerns have been consistently raised by organizations like the Fiji Commerce and Employers Federation and the Fiji Hotel and Tourism Association regarding the potential impact of stringent regulations on micro, small, and medium enterprises. They argue that increased penalties could destabilize these business sectors, which account for a significant portion of the employment landscape in Fiji.
As dialogue continues, there’s an optimistic view that constructive engagement from various stakeholders—including businesses and unions—can guide the development of balanced reforms. These reforms aim to protect workers while also considering the operational realities of employers, creating a framework that supports both labor rights and economic sustainability in Fiji.
Leave a comment