The Fiji Trade Union Congress (FTUC) has expressed surprise at a recent statement from the Fiji Commerce and Employers Federation (FCEF) and the Fiji Hotel and Tourism Association (FHTA), which voiced serious concerns regarding the proposed amendments to the Employment Relations Act.
Since 2012, the FTUC and FCEF have participated in reviewing the Labour Laws. It was agreed that these laws must align with all International Labour Organization (ILO) core standards and address longstanding concerns highlighted by the ILO Committee of Experts, as well as all conventions ratified by the Fiji Government.
Felix Anthony, the National Secretary of FTUC, remarked that the previous Government consistently assured the ILO of its commitment to adhere to these core standards. He noted that the Coalition Government also made similar promises to the ILO and the people of Fiji during the recent election campaign. While the FTUC provided a list of issues believed to contribute to industrial unrest, the Employers did not present any concerns.
The agreed-upon review process involved multiple meetings, some spanning two consecutive weeks. While a resolution on more than eighty percent of the discussed issues was achieved, disagreements remained on certain topics, particularly regarding penalties, which the FTUC argued should serve as a deterrent to employers for violating labor laws. Anthony pointed out that current penalties fail to achieve this purpose, allowing employers to continue infringing workers’ rights while the courts deliberate for years.
Following the government’s draft of the amendments, the FTUC reported that it provided feedback, whereas the Employers did not respond. The FTUC raised concerns with the Ministry of Labour about omissions in the draft that were agreed upon by the Tripartite Partners.
Anthony mentioned attempts by the Government to convene a meeting of the Employment Relations Advisory Board (ERAB) Sub Committee in August, where the FTUC was willing to participate but the Employers postponed their attendance. Ultimately, the full ERAB meeting took place, attended by all stakeholders, including the CEO of FHTA.
Anthony criticized the previous Government’s 16-year tenure as beneficial for the FCEF, although it adversely affected workers and trade unions. He dismissed the Employers’ recurring claims about negative impacts on the economy and job losses when facing changes to labor laws, pointing to the minimum wage argument as an example.
He asserted that all employers, regardless of size, must comply with the law and that large employers often try to shield their legal obligations by using smaller employers as a shield. Furthermore, he critiqued the FHTA for claiming business closures and an inability to pay fines, stating that if employers follow the law, they would not need to fear penalties.
The FTUC has called on the Government to uphold its commitments to the workers of Fiji and the ILO without delay, emphasizing the importance of accountability for employers.