Labour Law Tug-of-War: FTUC Challenges Employers’ Resistance to Changes

The Fiji Trade Union Congress (FTUC) has expressed surprise at the recent declaration made by the Fiji Commerce and Employers Federation (FCEF) and the Fiji Hotel and Tourism Association (FHTA), which voiced serious concerns regarding the proposed changes to the Employment Relations Act.

The FTUC has been collaborating with the FCEF to review labor laws for the past 12 years. This process aimed to ensure that the laws align with International Labour Organization (ILO) core standards, address concerns raised in ILO Committee of Experts reports, incorporate all conventions ratified by the Fijian government, and consider various issues discussed in the current Employment Relations Act.

National Secretary Felix Anthony noted that previous governments had consistently assured the ILO of their commitment to uphold core labor standards. He remarked that the Coalition Government made a similar pledge to the ILO and to the citizens of Fiji during the last election. While the FTUC identified key issues contributing to industrial strife, the employers did not present any points of concern.

Anthony emphasized that a consultative process was established with the employers, involving multiple meetings. While much of the discussion saw over 80% agreement on various issues, there remained contention mainly regarding penalties. The FTUC advocated for penalties that would effectively deter employers from violating labor laws, highlighting that current penalties do not achieve this goal.

According to the FTUC, the government provided a draft of the amendments for feedback. The FTUC submitted its comments, but the employers did not respond. The FTUC raised concerns with the Ministry of Labour regarding aspects agreed upon by the Tripartite Partners that were omitted from the draft amendments.

The FTUC called attention to a delayed meeting attempt by the government with the Employment Relations Advisory Board (ERAB) Sub Committee, where the FTUC was ready to attend, but the employers claimed they were too occupied until the end of the month. Anthony stated that the full ERAB meeting was subsequently convened and included all parties.

He criticized the FCEF for benefiting during the previous government’s tenure while workers and trade unions faced challenges. He also dismissed the employers’ warnings about economic repercussions from proposed changes, referencing ongoing debates surrounding minimum wage and penalties for small and medium enterprises as unfounded.

The FTUC accused the FCEF of attempting to shield larger employers by arguing that laws should not be uniformly applicable, pointing out instances of wage theft and violations of workers’ rights. Anthony challenged the FHTA to focus on its members rather than portraying the hotel industry as a victim of corporate greed, citing substantial increases in hotel rates compared to minimal wage adjustments for workers.

The FTUC reiterated its call for the government to fulfill its commitments to workers in Fiji and uphold ILO standards, urging action against those who evade accountability.

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