Concerns voiced by the Fiji Commerce and Employers Federation and the Fiji Hotel and Tourism Association regarding the proposed amendments to the Employment Relations Act should be addressed by the government, according to the Fiji Labour Party.
Party Leader Mahendra Chaudhary emphasized that this is not the appropriate time to implement stringent laws akin to those enacted by the previous Fiji First government, noting that penalties of up to $500,000 and potential imprisonment of up to 20 years are excessively harsh, particularly for medium and small enterprises.
Chaudhary highlighted the necessity of fostering business and investor confidence as vital for economic development and job creation, asserting that this cannot be achieved through the imposition of severe laws that punish employers.
He pinpointed that the fundamental issue lies with the Ministry of Labour.
While acknowledging that trade unions aim to eliminate worker exploitation faced during the Fiji First government’s tenure, he cautioned that retaliatory measures against employers may not benefit workers and could be counterproductive.
Chaudhary expressed concerns over the powers granted to Labour officers under the proposed amendments, including the ability to shut down a company’s operations, labeling these powers as draconian and ripe for potential abuse and corruption.
He criticized the lack of transparency in the drafting process of the amendments.
“What was the need for such secrecy? What was there to hide? There should have been an open and consultative process in drafting these laws to involve employers. We are not functioning under a police state,” Chaudhary stated.
He alleged that rather than engaging in a broad and open consultation with employers, the Labour Ministry implemented a non-disclosure protocol requiring employers to sign agreements to prevent sharing the content of the proposed amendments.
“Stifling unions and other democratic grassroots organizations was a political strategy of the Fiji First government to maintain absolute control. The Coalition has pledged a more inclusive governing approach,” he concluded.