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 raised significant concerns regarding proposed amendments to the Employment Relations Act.
The FTUC and FCEF have been collaborating on a review of labor laws since 2012, agreeing that these laws should align with all International Labour Organization (ILO) core labor standards, address the concerns highlighted in ILO Committee of Experts Reports, incorporate all conventions ratified by the Fijian government, and cover any topics the parties wanted to discuss concerning the current Employment Relations Act (ERA).
National Secretary Felix Anthony noted that the previous government had consistently assured the ILO of their commitment to comply fully with the core labor standards. The Coalition Government made similar promises to the ILO and the people of Fiji during the last election campaign. Anthony highlighted that while the FTUC identified issues leading to industrial unrest, the Employers did not present any concerns.
He explained that a collaborative process had been agreed upon with the Employers, which involved numerous meetings, some of which lasted two consecutive weeks. While the process took longer than planned, the meetings became more frequent following the election of the new government, ultimately concluding the review. An agreement was reached on over eighty percent of the issues, although disagreements remained, particularly regarding penalties. The FTUC argued that penalties must effectively deter employers from violating the law, as current penalties fail to prevent infractions.
The FTUC reported that the government produced a draft of the proposed amendments, which was shared with both the Employers and the FTUC for feedback. The FTUC commented on the draft, but the Employers did not respond. Upon meeting with the Ministry of Labour, the FTUC pointed out deficiencies in the draft amendments based on the prior agreements made by the Tripartite Partners.
Anthony noted that the government attempted to convene a meeting of the Employment Relations Advisory Board (ERAB) Sub Committee responsible for the review in early August, but the Employers postponed their attendance, citing scheduling conflicts as a strategy to delay the process and miss the September deadline. Consequently, the government moved forward with a full ERAB meeting, which all parties, including the CEO of FHTA, attended.
He further criticized the previous government’s long tenure, describing it as a period of unopposed gains for the FCEF, including a reduction in FNPF contributions. The new proposed amendments have been viewed as unacceptable by FCEF, causing difficulty in their acceptance. During previous years, workers and trade unions faced challenges and were often targeted.
Anthony dismissed the Employers’ historical claims regarding economic downturns, business closures, and job losses during regulatory changes as outdated rhetoric. He pointed out that the argument that small and medium enterprises cannot handle proposed fines is unfounded. He emphasized that all employers should be subject to the same laws, particularly as some employers are accused of paying inadequate wages or unlawfully making deductions while strictly enforcing rules against workers.
He also indicated that larger employers affiliated with FCEF and FHTA are trying to deflect accountability by aligning themselves with smaller employers. He criticized the current law for not meeting ILO standards and for allowing such practices to continue.
Addressing the FHTA, Anthony urged them to focus on their members and criticized their portrayal of the hotel industry as an example of corporate greed. He pointed out that while hotel rates have surged over 300%, workers have only seen minimal wage increases, if any. He called for both FCEF and FHTA to advocate for compliance with labor laws rather than shielding those who neglect their responsibilities, asserting that compliance would relieve employers from worrying about fines.
The FTUC urged the government to uphold its commitments to the workers of Fiji and to the ILO promptly, emphasizing the importance of accountability and adherence to the law.