Fiji’s Employment Law Amendments: Are They Too Harsh?

The Fiji Labour Party has urged the government to heed the concerns raised by the Fiji Commerce and Employers Federation and the Fiji Hotel and Tourism Association regarding proposed amendments to the Employment Relations Act. Party Leader Mahendra Chaudhary emphasized that this is not an appropriate time for the government to impose harsh laws, likening them to those enacted by the Fiji First administration, particularly the proposed penalties of up to $500,000 in fines and prison sentences of up to 20 years, which could disproportionately impact medium and small businesses.

Chaudhary highlighted the importance of fostering business and investor confidence as essential for economic growth and job creation, stating that imposing severe penalties on employers is counterproductive to achieving these goals. He attributed the core issues to the Ministry of Labour and noted that while trade unions aim to eliminate worker exploitation, retaliatory measures against employers will not benefit workers and could exacerbate the situation.

Chaudhary criticized the powers granted to Labour officers under the proposed amendments, particularly the ability to shut down companies, warning that such authority could lead to abuse and corruption. He also expressed concern over the lack of transparency in the drafting process of the amendments.

He questioned the need for secrecy in developing the proposed laws and argued that an open and consultative approach should have involved employers. Chaudhary remarked that instead of engaging in broad consultations, the Labour Ministry implemented a non-disclosure procedure, requiring employers to sign agreements barring them from discussing the proposed amendments.

He asserted that the strategy of suppressing unions and other democratic organizations was a method employed by the Fiji First government to maintain control, while the Coalition has promised a more inclusive governance approach.

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