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FTUC Challenges Employers Over Controversial Labour Law Amendments

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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 significant concerns regarding proposed amendments to the Employment Relations Act (ERA).

The FTUC has been engaged in a review of labor laws alongside the FCEF since 2012, with a focus on ensuring compliance with International Labour Organization (ILO) core standards. The review aims to address concerns raised by the ILO over the years and incorporate all conventions ratified by the Fijian government.

National Secretary Felix Anthony stated that the previous government had routinely assured the ILO of its commitment to these core standards. He highlighted that the current Coalition Government also provided similar assurances during the last election campaign. The FTUC presented a list of issues that it believed contributed to industrial unrest, while employers did not raise specific concerns.

Anthony noted that an agreement was reached with employers to follow an established process during numerous meetings, some spanning two weeks. He remarked that the process took longer than expected, but meetings became more frequent following the new government’s election and ultimately concluded the review. Although over eighty percent of issues were agreed upon, disagreements persisted, particularly concerning penalties. The FTUC contended that penalties should deter employers from violating laws, suggesting that current penalties have failed to do so.

The FTUC indicated that the government had produced a draft of the amendments for feedback, to which the FTUC responded with comments, while the employers did not engage. The FTUC raised concerns with the Ministry of Labour regarding omissions from the draft based on prior agreements.

Anthony reported that the government called for a meeting of the Employment Relations Advisory Board (ERAB) Sub Committee in early August, but employers claimed they were too busy to attend, which the FTUC saw as a tactic to delay the process. The full ERAB meeting was later convened, attended by all parties, including the CEO of FHTA.

He criticized the 16-year period under the previous government, which he termed “golden years” for the FCEF, citing significant reductions in employee contributions that favored employers without due process. The FTUC leader criticized the FCEF’s resistance to proposed changes, arguing that the overarching threats of economic downturns and job losses invoked by employers are outdated and have been repeatedly disproven.

Anthony addressed issues of wage theft and unlawful deductions by some employers, stressing the unacceptability of disregarding workers’ rights, regardless of an employer’s size. He accused large FCEF and FHTA members of obscuring the responsibilities of smaller employers.

He urged the FHTA to focus on its members and stop portraying the hotel industry as one driven by corporate greed, noting that while hotel prices soared by over 300%, worker wage adjustments remained minimal, if not nonexistent.

The FTUC called upon the government to uphold its promises to the labor force of Fiji and to maintain its commitment to the ILO without further delays, emphasizing the need for accountability in the workplace.

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