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) that raises concerns about the proposed changes to the Employment Relations Act.
The FTUC and FCEF have been engaged in reviewing the Labour Laws since 2012. It was agreed that these laws should align with International Labour Organization (ILO) core standards, address historical concerns raised by the ILO Committee of Experts, incorporate all ratified conventions by the Fiji Government, and address any matters deemed necessary by the parties involved in the Employment Relations Act (ERA).
Felix Anthony, the National Secretary of the FTUC, noted that the previous government had promised annual compliance with the ILO’s Core Labour Standards. The Coalition Government made similar commitments to the ILO, as well as to Fijians during the recent elections. He explained that while the FTUC identified issues leading to industrial unrest, the Employers did not raise any specific concerns.
Anthony mentioned that meetings had been conducted over an extended period to discuss these matters. Although over eighty percent of the issues were agreed upon, disagreements remained, particularly regarding penalties, which the FTUC believes should be sufficiently strong to deter legal violations by employers. He highlighted that existing penalties are ineffective and allow continued legal violations that undermine workers’ rights.
The FTUC received a draft of the proposed amendments from the Government and provided feedback, while the Employers did not respond. The FTUC subsequently met with the Ministry of Labour to address the omissions in the draft that had been previously agreed upon.
Anthony indicated that the Government’s attempts to convene meetings of the Employment Relations Advisory Board (ERAB) Sub Committee faced delays, as the Employers claimed they were unavailable. However, a full ERAB meeting was eventually held, attended by all relevant parties, including the FHTA’s CEO.
He criticized the previous government’s 16-year period, which he described as a time of significant benefit for FCEF but detrimental to workers and trade unions, stating that the proposed changes are now met with resistance from employers.
Anthony dismissed the recurring threats from Employers regarding economic impacts and job losses, labeling them as outdated arguments. He noted the criticism of small and medium enterprises’ ability to handle proposed fines as unconvincing.
Additionally, Anthony explained that the larger Employers within FCEF and FHTA often attempt to deflect accountability by citing the struggles of smaller businesses that engage in unlawful practices, including wage theft and unfair dismissals. He emphasized that all employers should be held to the same legal standards, regardless of size.
The FTUC urged the FHTA to focus on its members and address issues of corporate greed within the hotel industry, where significant price increases have not been matched with adequate wage adjustments for workers.
The FTUC called on the Government to uphold its promises to the workers of Fiji and to follow through on commitments made to the ILO without further delays, stressing the need for accountability and compliance with labor laws.