The Laws of Fiji
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Last Updated: 5 December 2023
AN ACT TO PROVIDE A STATUTORY FRAMEWORK WHICH PROMOTES THE WELFARE AND PROSPERITY OF ALL FIJI’S PEOPLE BY—
- (A)CREATING MINIMUM LABOUR STANDARDS THAT ARE FAIR TO WORKERS AND EMPLOYERS ALIKE, AND TO BUILD PRODUCTIVE EMPLOYMENT RELATIONSHIPS;
- (B)HELPING TO PREVENT AND ELIMINATE DIRECT AND INDIRECT DISCRIMINATION IN EMPLOYMENT ON THE BASIS OF RACE, COLOUR, GENDER, SEXUAL ORIENTATION, AGE, PHYSICAL OR MENTAL DISABILITY, HIV/AIDS STATUS, MARITAL STATUS, FAMILY RESPONSIBILITIES, PREGNANCY, RELIGION, POLITICAL OPINION, NATIONAL EXTRACTION OR SOCIAL ORIGIN;
- (C)PROVIDING A STRUCTURE OF RIGHTS AND RESPONSIBILITIES FOR PARTIES ENGAGED IN EMPLOYMENT RELATIONS TO REGULATE THE RELATIONSHIP AND ENCOURAGE BARGAINING IN GOOD FAITH AND CLOSE OBSERVANCE OF AGREEMENTS AS WELL AS EFFECTIVE PREVENTION AND EFFICIENT SETTLEMENT OF EMPLOYMENT RELATED DISPUTES;
- (D)ESTABLISHING THE MEDIATION SERVICES, THE EMPLOYMENT RELATIONS TRIBUNAL AND THE EMPLOYMENT RELATIONS COURT TO CARRY OUT THEIR POWERS, FUNCTIONS AND DUTIES;
- (E)ENCOURAGING CONSULTATION BETWEEN LABOUR AND MANAGEMENT IN THE WORKPLACE FOR BETTER EMPLOYMENT RELATIONS AND PRODUCTIVITY IMPROVEMENT;
- (F)COMPLYING WITH INTERNATIONAL OBLIGATIONS AND GIVING EFFECT TO THE CONSTITUTION; AND
- (G)FOR RELATED MATTERS.
[EMP 245F] Transitional provisions for the Employment Relations (Budget Amendment) Act 2021245F
245F
- (a)a worker who has utilised at least one working day of paid family care leave under section 68A in a year of service commencing before the date of commencement of the Employment Relations (Budget Amendment) Act 2021 and ending within the COVID-19 period is not entitled to paid family care leave for the remainder of such year of service;
- (b)a worker who has utilised one or 2 working days of paid family care leave under section 68A in a year of service commencing before the date of commencement of the Employment Relations (Budget Amendment) Act 2021 and ending within the COVID-19 period—
- (i)must not be made to reimburse his or her employer for the use of such leave; and
- (ii)subject to the reductions to leave entitlements under the Employment Relations (Budget Amendment) Act 2021, does not lose his or her entitlement to any other type of leave guaranteed under this Act or his or her employment contract; and
- (c)if an employer approved, before the date of commencement of the Employment Relations (Budget Amendment) Act 2021, an application for paid family care leave in a year of service commencing before the date of commencement of the Employment Relations (Budget Amendment) Act 2021 and ending within the COVID-19 period and the approved application pertains to working days within the COVID-19 period and which, if counted together with any paid family care leave day utilised within that year of service amounts to at most 2 working days, the excess day is not a statutory leave entitlement under this Act, however the employer, at the employer’s discretion, may grant the approved leave despite the statutory reduction of such leave provided by the Employment Relations (Budget Amendment) Act 2021.
(2) In relation to paternity leave, and for the avoidance of doubt—
- (a)a worker who has utilised at least one working day of paid paternity leave under section 101A in a year of service commencing before the date of commencement of the Employment Relations (Budget Amendment) Act 2021 and ending within the COVID-19 period is not entitled to paid paternity leave for the remainder of such year of service;
- (b)a worker who has utilised 2 working days of paid paternity leave under section 101A in a year of service commencing before the date of commencement of the Employment Relations (Budget Amendment) Act 2021 and ending within the COVID-19 period—
- (i)must not be made to reimburse his or her employer for the use of such leave; and
- (ii)subject to the reductions to leave entitlements under the Employment Relations (Budget Amendment) Act 2021, does not lose his or her entitlement to any other type of leave guaranteed under this Act or his or her employment contract; and
- (c)if an employer approved, before the date of commencement of the Employment Relations (Budget Amendment) Act 2021, an application for paid paternity leave in a year of service commencing before the date of commencement of the Employment Relations (Budget Amendment) Act 2021 and ending within the COVID-19 period and the approved application pertains to working days within the COVID-19 period and which, if counted together with any paid paternity leave day utilised within that year of service amounts to at most 2 working days, the excess day is not a statutory leave entitlement under this Act, however the employer, at the employer’s discretion, may grant the approved leave despite the statutory reduction of such leave provided by the Employment Relations (Budget Amendment) Act 2021.
[s 245F insrt Act 19 of 2021 s 5, effective 1 August 2021]