1 03/18/20 HRM501: Introduction To IR & HRM Topic 6: Employment Legislation (ERP 2007) – Part 2
Learning Objectives Discuss and understand Employment Relations Promulgation – key changes from Fiji’s context Identify salient features, principles and spirit of the ER Promulgation Outline the paradigm shift in the labour Reform i.e., from ‘Adversarial’ to ‘Good faith’. Identify and discuss provisions on employment contract Understand how employment can be terminated 2 03/18/20
Continued from Part 1 3 03/18/20
4 Part 10 – CHILDREN (s 90 – 99) A ‘child’ is defined as a person under the age of eighteen (18) years Prohibited forms of child labour (ILO C. 182) Slavery, sale and trafficking of children, debt bondage Forced or compulsory labour or recruitment in armed conflict Production and trafficking of illicit drugs Prostitution or pornography performance Minimum age for employment (ILO C.138) 15 years or over Under 15 years must not be employed except 13 to15 years in workplaces which are owned by the same family or other communal or religious groups. Must not be harmful to health
5 Part 10 – CHILDREN (cont’d) Trade union rights – join & vote in trade union elections Hours of work - Maximum 8 hrs a day with 30mins paid rest after 4 hours continuous work Other restrictions - Must not be employed underground in mines - Against the wishes of parent and night work - Employers must keep a register of all children employed in their workplaces
6 Part 10 – CHILDREN (s 90 – 99) Adopts ILO Conventions: C 138 - Minimum Age C 182 – Worst forms of Child Labour
7 Part 11 – Maternity Leave (s100 – 105) Rights of women on maternity leave 1. Who expects to give birth is entitled to 84 consecutive days maternity leave 2. Must produce medical certificate to the effect 3. First 3 births full pay 4. 4 th & subsequent births, 50% of the normal pay 5. No pay in excess of 84 days 6. Must retained her same, equivalent or higher position on return to job
8 ER Definition "birth" means the issue of a child or children, whether alive or dead, and for the purposes of this Promulgation birth commences and ends on the actual day of birth, and when two or more children are born commences and ends on the day of the birth of the last born of such children;
9 Part 11 – Maternity Leave (cont) Can proceed on leave at any time before or after confinement If works during pre-confinement period she must produce a medical certificate that she is fit to work During the 3 months before the birth of a child, if a woman has worked for an employer for a period of or periods aggregating to 150 days during the 9 months before the birth of a child she is entitled to paid maternity leave
10 Part 11 – Maternity Leave (cont’d) Restriction on termination of service No dismissal on grounds of pregnancy An employer may dismiss a woman who remains absent from work after expiry of 3months on maternity leave, (illness certified by a registered medical practitioner) If a woman is dismissed, she is deemed to be in employment up to her period of maternity leave Any conditions to forgo this right is null & void Offence Non-compliance with these provisions is an offence
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- Spring '19
- Trade union, Tribunal, Employment Court, Employment Relations Tribunal, Identify