The Fiji Trade Union Congress (FTUC) has expressed surprise at a recent statement by the Fiji Commerce and Employers Federation (FCEF) and the Fiji Hotel and Tourism Association (FHTA), which raised serious concerns regarding the proposed amendments to the Employment Relations Act.
The FTUC and FCEF have been reviewing labor laws since 2012, working to ensure compliance with International Labour Organization (ILO) core labor standards and addressing concerns highlighted in ILO Committee of Experts Reports. The review aims to incorporate all conventions ratified by the Fijian government.
National Secretary Felix Anthony stated that the previous government made annual commitments to the ILO to comply with core labor standards, and the Coalition Government reiterated this promise during the last election campaign. While the FTUC raised a list of issues contributing to industrial strife, employers did not present any concerns.
Anthony explained that the agreed-upon process involved extensive meetings, some lasting two weeks. Although a consensus was reached on more than eighty percent of issues, disagreements remained on certain aspects, mainly regarding penalties. The FTUC emphasized that these penalties should serve as a deterrent to employers who violate laws.
A draft of the amendments was produced by the government and sent for feedback from both the FTUC and Employers. While the FTUC provided comments, the Employers did not respond. The FTUC highlighted missed areas in the draft during a meeting with the Ministry of Labour.
In early August, the government sought to convene a meeting of the Employment Relations Advisory Board (ERAB) Sub Committee but faced delays due to employers’ unavailability. Ultimately, a full ERAB meeting was held with participation from all parties, including the FHTA’s CEO.
Anthony lamented that the previous government’s policies favored the FCEF at the expense of workers and trade unions. He criticized the return of familiar arguments regarding economic threats and job losses associated with labor law changes, describing them as outdated.
He argued that the FCEF’s stance implies that labor laws should not be uniformly applied, particularly as some employers engage in wage theft and fail to comply with regulations while punishing workers for minor infractions. He asserted that all employers, regardless of size, should adhere to workers’ rights.
The FTUC criticized large employers, members of FCEF and FHTA, for attempting to deflect accountability by hiding behind smaller businesses. Current labor laws do not meet ILO standards, according to Anthony.
He also urged FHTA to refocus its efforts on promoting ethical practices within the hotel industry, which has seen a significant increase in rates while workers have received minimal wage adjustments. He questioned FHTA’s claims of financial hardships and called for both FCEF and FHTA to advocate for compliance with labor laws rather than shielding non-compliant employers.
The FTUC is urging the government to uphold commitments made to the workers of Fiji and to the ILO without any further delays, emphasizing the need to act justly and hold accountable those who violate labor standards.