The Laws of Fiji
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Last Updated: 1 April 2022
A REGULATION TO ESTABLISH A NATIONAL MINIMUM WAGE FOR ALL WORKERS IN ALL WORKPLACES IN THE REPUBLIC OF FIJI
[EMP 14,560] Enforcement of national minimum wage5
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(2) Any employer or any other person authorised by or acting on behalf of the employer, who fails to comply with any provision of this regulation commits an offence and shall be liable upon conviction to a fine not exceeding $20,000 or to a term of imprisonment not exceeding 2 years or to both.
(3) Where proceedings are brought under subregulation (2) in respect of an offence for the payment of an hourly wage rate or equivalent hourly wage rate less than the national minimum wage, and—
- (a)if the employer or any other person authorised by or acting on behalf of the employer charged, disputes the charges, evidence may be given of any like contravention on the part of the employer or such other person in respect of any period during the 6 years immediately preceding the date of the offence; and
- (b)on proof of such contravention,
the tribunal or the court may order the employer to pay such sum as is found by the tribunal or the court to represent the difference between the amount which ought to have been paid during that period to the worker by way of remuneration, if the provisions of these Regulations had been complied with, and the amount actually paid to the worker.
(4) No evidence shall be given under subregulation (3)(a) unless notice of intention to give such evidence has been served upon the employer or any other person authorised by or acting on behalf of the employer, with the summons, warrant, information or complaint.
(5) The powers provided under these Regulations for the recovery of wages due from an employer to a worker in respect of the national minimum wage shall be in addition to and not in derogation from any existing right to recover other such wages from the tribunal.