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Papua New Guinea Consolidated Legislation |
Unvalidated
References:
This reprint of this Statutory Instrument
incorporates all amendments, if any, made before 2 April 2009 and
in force
at
2 April 2009.
.........
Legislative
Counsel
Dated 2 April 2009
No. 8 of 2008.
Employment of Non-Citizens Regulation 2008
ARRANGEMENT OF SECTIONS.
1. Interpretation.
2. Translation of documents.
3. Application for work permit.
4. Application for renewal of work permit.
5. Application for bridging work permit.
6. Work permit.
7. Work permit card.
8. Employer’s register of work permits.
9. Statement of arrangement for repatriation.
10. Occupations reserved for citizens.
11. Occupations to be advertised.
12. Form of advertisement.
13. Report on recruitment process.
14. Non –citizen deemed to be proficient in English.
15. Proof of proficiency in English.
16. Proof of proficiency in Pisin or Hiri Motu.
17. Benefits to good corporation citizens.
18. Infringement notice.
19. Amount of infringement notice.
20. Extension of time to pay.
21. Withdrawal of infringement notice.
22. Refund of penalty if notice withdrawn.
23. Payment of penalty if notice not withdrawn.
24. Payment of penalty by cheque.
25. Infringement notice not compulsory etc.,.
26. Fees.
Employment of Non-Citizens Regulation 2008
MADE by the Head of State, acting with, and in accordance with, the advice of the National Executive Council under the Employment of Non-Citizens Act 2007.
PART I. – PRELIMINARY.
1. INTERPRETATION.
“International English Language Testing System (IELTS)” means the internationally recognised testing system for academic and vocational English;
“the Act” means the Employment of Non-Citizens Act 2007.
(2) Except so far as the contrary intention appears in this Regulation, Section 3 of the Act applies for the purposes of this Regulation.
2. TRANSLATION OF DOCUMENTS.
(2) A translation referred to in Subsection (1) must be accompanied by a statement in English by the translator –
(a) stating the translator’s full name, address and occupation; and
(b) identifying the translator’s qualifications for making the translation; and
(c) certifying the translation is a true and correct translation of the document.
PART II. – PRESCRIBED FORMS.
3. APPLICATION FOR WORK PERMIT.
4. APPLICATION FOR RENEWAL OF WORK PERMIT.
5. APPLICATION FOR BRIDGING WORK PERMIT.
6. WORK PERMIT.
7. WORK PERMIT CARD.
8. EMPLOYER’S REGISTER OF WORK PERMITS.
9. STATEMENT OF ARRANGEMENT FOR REPATRIATION.
PART III. – RESERVED AND ADVERTISED OCCUPATIONS.
10. OCCUPATIONS RESERVED FOR CITIZENS.
11. OCCUPATIONS TO BE ADVERTISED.
12. FORM OF ADVERTISEMENT.
(a) be placed in at least 1 separate edition of the Post Courier and the National newspapers; and
(b) clearly define the position offered and the duties to be performed; and
(c) stipulate the minimum qualifications and experience required to fill the position; and
(d) measure at least 60 millimetres by 60 millimetres.
13. REPORT ON RECRUITMENT PROCESS.
(a) 1 original clipping of the advertisement from the Post Courier or the National newspapers; and
(b) details of the dates on which each advertisement was published; and
(c) a statement justifying why a citizen is not suitable to fill the position.
(2) The original clipping referred to in Subsection (1)(a) must not be older than 3 months at the time of the report, which period shall be calculated from the closing date for applications.
PART IV. – LANGUAGE PROFICIENCY.
14. NON –CITIZEN DEEMED TO BE PROFICIENT IN ENGLISH.
15. PROOF OF PROFICIENCY IN ENGLISH.
(a) has an International English Language Testing System (IELTS) certificate showing an overall band score of at least 4 in the General or Academic Module; or
(b) has a certificate from a recognised English Language Instruction Institution which confirms the applicant’s proficiency in English; or
(c) has completed at least 5 years of secondary education at a school or schools that taught in English; or
(d) has completed a 3 years tertiary qualification that was taught in English; or
(e) can otherwise show, to the satisfaction of the Secretary, that the applicant is proficient in English.
(2) The certificates referred to in Subregulation (1)(a) and (b) shall not be older than 5 years at the time of application for the work permit.
16. PROOF OF PROFICIENCY IN PISIN OR HIRI MOTU.
PART V. – GOOD CORPORATE CITIZENS OF PAPUA NEW GUINEA.
17. BENEFITS TO GOOD CORPORATION CITIZENS.
PART VI. – INFRINGEMENT NOTICES.
18. INFRINGEMENT NOTICE.
19. AMOUNT OF INFRINGEMENT NOTICE.
20. EXTENSION OF TIME TO PAY.
21. WITHDRAWAL OF INFRINGEMENT NOTICE.
(a) within 28 days after the date of service of the infringement notice; or
(b) if the Secretary allows a further period of time in which to pay the penalty for the offence mentioned in the notice –before the end of the further period.
22. REFUND OF PENALTY IF NOTICE WITHDRAWN.
(a) the person has paid the prescribed penalty in accordance with the notice; and
(b) the notice is subsequently withdrawn,
the Secretary must arrange for the refund to the person of an amount equal to the amount paid.
23. PAYMENT OF PENALTY IF NOTICE NOT WITHDRAWN.
(a) the person’s liability in respect of the offence is discharged; and
(b) further proceedings cannot be taken against the person for the offence; and
(c) the person is not convicted of the offence.
24. PAYMENT OF PENALTY BY CHEQUE.
25. INFRINGEMENT NOTICE NOT COMPULSORY ETC.,.
(a) requires an infringement notice to be served on a person in relation to an offence; or
(b) affects the liability of a person to be prosecuted for an offence if the person does not comply with an infringement notice; or
(c) affects the liability of a person to be prosecuted for an offence if an infringement notice is not served on the person in relation to the offence; or
(d) affects the liability of a person to be prosecuted for an offence if an infringement notice is served and withdrawn; or
(e) limits the amount of the fine that may be imposed by a court on a person convicted of an offence.
PART VII. – FEES.
26. FEES.
SCHEDULE 1 – PRESCRIBED FORMS.
Employment of Non-citizens Act 2007.
|
Act,
Sec. 20(1)(a)
Form 1 Reg. Sec.3
|
|---|
APPLICATION FOR NEW WORK PERMIT |
EMPLOYER DETAILS |
|
|
All answers must be completed in block letters. |
|
|
Copy of photo page of employee’s passport [ ] |
|
Copy of updated
curriculum vitae [ ]
|
Copy of job description [ ] |
Certified evidence of education qualifications [ ] |
Copy of employment contract signed by both employee and employer [ ] |
Two recent, clear, colour passport sized photographs of employee [ ] |
Employer’s right thumb print mark [ ] |
Evidence of membership of professional association (where relevant) [ ] |
Evidence of English Language Proficiency [ ] |
|
Employers Certificate
of Incorporation from Investment Promotion Authority (IPA) [ ]
|
Evidence of payment of fee (non –refundable) [ ] |
|
If the applicant does
not hold a valid work permit, the applicant is outside PNG [ ]
|
|
|
NATURE OF APPLICATION |
|
|
|
1.
Is this an application for a General Work Permit? Yes [ ] No [
] (i.e. work of a
commercial nature)
|
|
|
|
2.
Is this an application for a Volunteer Work Permit? Yes [ ] No [
] (i.e. work
of a non –commercial,
voluntary nature)
|
|
|
|
3.
Is this an application for a Short Term Work Permit? Yes [ ]
No [ ] (i.e. less than six
months)
|
|
|
|
4.
Is this an application for a Long Term Work Permit? Yes [ ]
No [ ] [ ] (i.e.
for six months or
more)
|
|
|
Please indicate term of work permit required: |
Short term: 6 Months [ ] |
|
Long term: 1 Year [
] 2 Years [ ] 3 Years [ ] 5 Years [ ] (Good Corporate Citizens
Only – see Notes) [ ]
|
|
|
For official use only |
|
|
Recommendation ... |
|
|
EMPLOYERS DETAILS |
|
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All answers must be completed in block letters. |
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5. Employer: ... 6. Employer Address: ... |
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7. Tel: 8. Fax: ... 9. e –mail: ... |
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10.
Industrial Division (selected from “PNG Classification of Industrial
Divisions”)...
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11.Industrial
Division Code (selected from “PNG Classification of Industrial
Divisions”): ...
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12. How may Papua New Guinean employees are employed by this company? ... |
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|
13. How many non –citizen employees are employed by this company? ... |
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POSITION DETAILS |
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14. Job Title (as per position description): ... |
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15. Occupation (selected from “PNG Classification of Occupations”): ... |
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16. Job Code (selected from “PNG Classification of Occupations”): ... |
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17.
Internal Company Position Code: ... 18. Province of Primary Work
Location:...
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19.
Will the employee be required to travel to locations other than the primary work
location? Yes No Go to question 21
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20.
If yes, please provide details: ...
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21.
Is this position a reserved occupation (see Notes)?
Yes [ ] Application ineligible
No [ ] Go to question
22
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22.
Is it a requirement that this position be advertised (see Notes)?
Yes [ ] Go to question 23
No [ ] Go to question 24
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23.
If yes, attach relevant details (refer Notes): [ ] Copy of Advertisement
[ ] Details of dates advertised [ ] Statement
|
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EMPLOYEE DETAILS |
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36.
Is the employee from a designated English Speaking country (see Notes)?
Yes [ ] Go to question 40 No [ ]
Go to question 37
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37.
If no, has the employee passed a test of English Language Proficiency?
Yes [ ] Provide details at question 38
No [ ] Go to question
39
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38.
Evidence of English Language Proficiency:
Education Institution Date test undertaken (dd/mm/yy)
Results (Attach
Certified Copy)
...
...
...
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39. Please provide alternative proof of English Language Proficiency (see Notes). |
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SALARY PACKAGE OF EMPLOYEE |
|
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40.
What is the total salary package (Salary and Non –salary) of Employee
(see Notes)?
Salary (i.e. Take Home Pay)
Non –salary Allowances Total Salary Package
K..
K..
K..
|
|
|
DECLARATION |
|
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41. We hereby declare that: |
(a) All information provided in this application (including all attached documentation) is true and correct; and |
(b) We understand that the provision of false or misleading information may result in the refusal of this application, or, in the event that the work permit is issued, cancellation. |
|
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Signature of Employer Signature of Employee COMPANY STAMP |
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Name of Employer (print) Name of
Employee (print) Date
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Right thumb print mark of employee |
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NOTES |
|
|
This notes are provided to assist applicants with completing this application form. For |
further information, please refer to the Employment of Non –citizens Act 2007, the |
Regulation and the Work Permit Guidelines. |
|
|
1. FEE SCHEDULE |
General Long Term Work Permit: K,000 per year |
General Short Term Work Permit: K500 |
Volunteer Long Term Work Permit: K100 per year |
Volunteer Short Term Work Permit: K50 |
|
|
2. GOOD CORPORATE CITIZENSHIP |
Only employers who have been granted Good Corporate Citizenship status by the |
Minister for Labour and Industrial Relations may make application for five (5) |
year work permits. For further information, please see the Work Permit Guidelines. |
|
|
3. RESERVED OCCUPATIONS |
|
Certain positions are reserved for Papua New Guinea citizens. Please refer to
the PNG List of Occupations, the Regulation and
the Work Permit Guidelines
for further information.
|
|
|
4. POSITIONS TO BE ADVERTISED |
|
Certain jobs must be advertised in Papua New Guinea before a work Permit can be
issued to a non –citizen.
|
|
For further information, please refer to the PNG List of Occupations, the
Regulation and the Work Permit Guidelines. Where it is
a requirement that a
position be advertised, you must attach the following to this application: (a)
copy of the original advertisement;
(b) details of the dates the position was
advertised; and (c) statement why a PNG Citizen was not considered suitable.
|
|
|
5. COUNTRY OF ORIGIN/REPATRIATION |
|
The Employment
of Non –citizens Act
2007
requires that non –citizens be
repatriated to their country of origin if their employment is terminated for any
reasons.
For further information, please see the Work Permit
Guidelines.
|
|
|
6. ENGLISH LANGUAGE REQUIREMENTS |
|
Section 17(1) of the
Employment of
Non –citizens Act
2007
requires that all
non –citizens prove that they are proficient in English. Where a
non –citizen is form a country
not assumed to be proficient in
English, they must provide evidence of English Language proficiency before the
work permit can be
granted. For further information, please see the Work Permit
Guidelines.
|
|
|
7. SALARY PACKAGE OF EMPLOYEE |
|
The total salary package of an employee consists of actual take home pay (e.g.
the annual salary paid to the employee) plus any other
allowances and benefits
paid to, or no behalf of, the employee (e.g. air tickets, housing, living
allowances etc).
|
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HELPFUL HINTS: |
|
Keep a copy of this application and all supporting documentation for your
records Ensure that
the application is
complete and signed
Consult the Work Permit Guidelines
Ensure that all supporting documentation (other than originals) is certified
true and
correct
|
|
Contact Us: Fax:
Or visit us at:
|
Employment of Non-citizens Act 2007
|
Act,
Sec. 25(1)(a)
Form 2. Reg. Sec.4
|
|---|
|
|
APPLICATION FOR RENEWAL OR EXISTING WORK PERMIT |
|
|
APPLICATION CHECKLIST |
|
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All answers must be completed in block letters. |
|
Applications must be
accompanied by the following: (please tick appropriate box)
|
|
|
Copy of existing work permit [ ] |
Copy of Working Residing Entry Permit [ ] |
Copy of photo page of employee’s passport [ ] |
Update curriculum vitae [ ] |
Copy of employment contract signed by both employee and employer [ ] |
Two recent, clear, colour passport sized photographs of employee [ ] |
Evidence of membership of professional associated (where relevant) [ ] |
Evidence of payment of fee (non –refundable) [ ] |
|
|
NATURE OF APPLICATION |
|
|
1. Is this an application for the renewal of a General Work Permit? Yes[ ] No[ ] |
2. Is this an application for the renewal of a Volunteer Work Permit? Yes[ ] No[ ] |
|
3.
Please indicate term of work permit required:
Short term: 6 Months [ ]
Long term: 1 Year [ ] 2 Years [ ] 3 Years [ ] 5 Years (Good Corporate
Citizens Only –
see Notes) [ ]
|
|
|
EMPLOYER DETAILS |
|
|
4. Employer Name: ... |
5. Employer Address: ... |
6. Telephone: ... 7. Fax: ... 8. e –mail: ... |
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EMPLOYEE DETAILS |
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|
9. Employee Surname (as shown in passport): ... |
10. Employee Given Names (as shown in passport): ... |
11. Date of Birth: Day... Month ... Year ... |
12. Gender: Male [ ] Female [ ] |
13. Nationality (as shown in passport): ... 14. Passport Number: ... |
|
|
EMPLOYER DETAILS |
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15. Existing Work Permit Number: ... |
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16.
Is this application for renewal with the same employer?
Yes [ ] Go to question 17
No [ ] Make application for
new work permit
|
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17.
Is this application for renewal in the same employer?
Yes [ ] Go to question 18
No [ ] Make application for
new work permit
|
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|
SALARY PACKAGE OR EMPLOYEE |
|
|
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18.
What is the total salary package (Salary and Non –Salary) of the
Employees (see Notes)?
Salary (i.e. Take Home Pay)
Non Salary Allowances Total Salary Package
K ...
K ...
K ...
|
|
|
TRAINING |
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19.
Under Section 26(1)(a) of the Employment of Non –citizens Act 2007,
the Secretary may take into account an employer’s
commitment to the
training and development of Papua New Guinean workers when considering an
application to renew a work permit.
Please outline
in an attachment to this application how the employer (and the employee) have
contributed
to the training and development of Papua New Guinean
nationals.
|
|
|
DECLARATION |
|
|
20. We hereby declare that: |
|
(a)
All information provided in this application (including all attached
documentation) is true and correct; and
|
(b) We understand that the provision of false or misleading information may result in the refusal of this application, or, in the event that the work permit is issued, cancellation. |
|
Signature of Employer Signature of Employee
COMPANY STAMP
|
Name of Employer (print) |
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|
Date ... |
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|
For official use only Recommendation |
|
|
NOTES |
|
Good Corporate
Citizenship –only employers who have been granted Good Corporate
Citizenship status by the Minister for
Labour and Industrial Relations may make
application for five (5) year work permits.
|
|
|
|
Salary Package of
Employee –total salary package of an employee consists of actual take
home pay (i.e. the annual salary
paid to the employee) plus any other allowances
and benefits paid to, or on behalf of, the employee (i.e. air tickets, housing,
living
allowances etc).
|
Employment of Non-citizens Act 2007
Act, Sec. 23 Form 3. |
APPLICATION FOR BRIDGING WORK PERMIT |
NOTES |
|
1.
This application should only be used where an existing application for a new
work permit has been lodged with the Department of
Labour and Industrial
Relations, and that application has yet to be approved
|
|
2.
Where an application for renewal in the same position has been made, a bridging
work permit is not required. Under the Employment
of Non-citizens Act 2007, all
renewal applications receive an automatic sixty (60) day extension.
|
|
3.
To be eligible to apply for this work permit, the employee must have a valid
work permit at the time of application and that work
permit must be about to
expire.
|
|
4.
Granting of a bridging Work Permit does not automatically lead to the granting
of a new Work Permit
|
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5. All answers must
be competed in block letters.
|
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6. Applications must
be accompanied by the following (please tick appropriate box):
Copy
of existing work permit [ ]
Evidence
of payment of fee (non-refundable) [ ]
|
|
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EMPLOYMENT
DETAILS
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1. Name & Address
of Employer: ...
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EMPLOYEE
DETAILS
|
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2. Employee Surname:
... 3. Employee Given Names: ...
4. Date of Birth: Day
... Month ... Year ... 5. Gender: Male [ ] Female [ ]
|
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WORK
PERMIT DETAILS
|
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6. Employees Existing
Work Permit Number: ...
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7. Work permit
Expires: Day ... Month ... Year ...
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8. New Application
Lodged: Day ... Month ... Year ...
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DECLARATION
|
|
9. We hereby declare
that:
|
|
(a)
All information provided in this application (including all attached
documentation) is true an correct;
|
|
(b)
We understand the granting of a Bridging Work Permit may not lead to the
granting of a new work permit
|
|
(c)
We understand that the provision of false or misleading information may result
in the refusal of this application, or, in the
event that the work permit is
issued, cancellation.
|
|
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Signature of Employer
Signature of Employee
|
|
COMPANY
STAMP
|
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Name of Employer
(print) Name of Employee
(print)
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|
Date ...
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Employment of Non-citizens
Act. Sec. 34(1)(a) Form 4. |
GOVERNMENT OF PAPUA NEW GUINEA |
Department of Labour and Industrial Relations |
Office of the Secretary |
|
Employmer/Company
|
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Dear
Sir/Madam,
|
|
This is to confirm
that the Department of Labour and Industrial Relations has approved the
Foreigner Work Permit noted below for the
following employee of your
company.
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Employee Name:
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Type of Work
Permit:
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Conditions (if
any):
|
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PNG Occupation
Title:
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PNG Occupation
Code:
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Company Position
Code:
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Issue
Date:
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Permit Expires end
of:
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Work Permit
Number:
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_______________
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Signed
|
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Secretary for the
Department of Labour and Industrial Relations
|
Employment of Non-citizens
|
|
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Employment of Non-citizens Act 2007 |
|
Act, Sec. 34(1)(b) Form 5. |
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WORK PERMIT CARD |
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PNG General Work Permit / PNG Volunteer Work Permit |
|
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PHOTOGRAPH
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RIGHT THUMB
PRINT
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WP No.: |
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Nationality: |
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Exp Date: |
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Job Title: |
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Conditions: |
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Passport No.: |
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Secretary
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Department of Labour
& Industrial Relations
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Employment of Non-citizens
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|
||||
Employment of Non-citizens Act 2007 |
||||
Act, Sec. 39(1) Form 6 |
||||
EMPLOYER’S REGISTER OF WORK PERMITS |
||||
Name of employer: |
||||
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Principle place of
business:
|
||||
Full Name |
Occupation
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Work Permit
No.
|
Expiry
Date
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Has this Work Permit
be Cancelled?
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*NOTE: Copies of all work permits and cancellation notices must be attached to this Register. |
||||
Company Declaration |
||||
I certify that the information contained within this Register is true and correct: |
||||
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||||
(Print name): |
||||
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(Title):
|
||||
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(Signature):
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||||
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||||
|
Section 39 of the
Employment of Non-citizens Act 2007 requires that all employers keep an
employer’s register in a format prescribed
under the Regulation. It is
acceptable for employers to reproduce the register to suit their own purposes.
However, the information
in this prescribed form must be included.
|
||||
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||||
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This register must be
produced to an Authorised Officer on request.
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||||
Employment of Non-citizen
|
|
Employment of Non-citizens Act 2007 |
Act, Sec. 44 Form: 7 |
STATEMENT OF ARRANGEMENT FOR REPATRIATION AND CANCELLATION OF WORK PERMIT |
Name of employer: |
Principal place of business: |
Name of non-citizens: |
|
Work Permit
No:
|
|
Name(s) of dependents
(if any):
|
|
Place of
origin/repatriation:
|
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Reason for
Termination/Separation: Dismissed [ ] Resigned [ ] Completion of contract [
]
|
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Other
Transferred to Another Position [ ] Death [ ]
|
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Date of Repatriation:
[ ]
|
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Evidence of
Repatriation: Travel Itinerary [ ] Boarding Pass [
]
Airline Ticket [ ]
|
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Return of Work Permit
Card
|
|
Work Permit Card
Attached [ ] Note: a person who fails to return a work permit card commits an
offence and is liable to a fine not
exceeding K1000.
|
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I certify that the
information contained within the Statement is true and correct:
|
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(Print
name)
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(Signature)
|
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(Title)
|
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(Date)
|
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NOTE: This Statement
must be directed to the Secretary, Department of Labour and Industrial
Relations, P.O. Box 5644, Boroko N.C.D
or by fax on (675) 325 6655 as soon as
practicable after the termination of the non-citizen’s contract of
employment.
|
Employment of Non-citizens
|
|
Employment of Non-citizens Act 2007 |
Ac, Sec. 58(1) Form 8. |
INFRINGEMENT NOTICE |
Number: |
Date f service: Day ... Month ... Year ... |
|
To (Full name of the
person on whom the Notice is served): ...
|
|
|
|
Of (Full address of
the person, including company details, on whom the Notice is served):
...
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I,
(Name and position
of the officer authorised to serve the
Notice) ... being an officer permitted to
serve an Infringement Notice for the purposes of the
Employment of
Non-citizens Act
2007, have reasonable grounds to believe
that at approximately ... am/pm, on (date, full name of month and year) ... at
(insert name of
place here) ... you contravened Section
(insert section) ... of the
Employment of
Non-citizens Act
2007 in that
(insert description
of the offence) ...
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|
Accordingly, I issue
you with an Infringement Notice under Section 58 of the Employment of
Non-citizens Act 2007. An amount of K
(insert the amount
of penalty in figures and write in full)
... is payable to the Department of Labour and Industrial Relation within 28
days of this Notice, or such other time as the Secretary
allows.
|
|
RECIPIENTS
DETAILS:
|
|
Full name and
signature: ...
|
|
Position company
details: ...
|
|
Phone: (0) ... (Mob)
... Fax: ... e-mail:
...
|
|
DETAILS
OF OFFICER SERVING NOTICE:
|
|
Full name and
signature: ...
|
|
Place of service:
...
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Date: ... Time: ...
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Additional Comment
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Please refer to page
2 for more information in relation to this Infringement Notice. THIS
FORM
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MUST
BE COMPLETED IN TRIPLICATE
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IMPORTANT
INFORMATION ABOUT THIS INFRINGEMENT NOTICE
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What
is the legal basis for the Infringement Notice?
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In accordance with
Section 58 of the Employment of Non-citizens Act 2007, the Secretary, Department
of Labour and Industrial Relations
(or delegate) may serve an Infringement
Notice on a person if it appears that person has breached certain provisions of
the Act.
The form of the Notice, and other matters, are set out in Part VI of
the Employment of Non-citizens Regulation, Further information
about
Infringement Notices can be found in the Work Permit Guidelines which are
available for purchase from the Department of Labour
and Industrial Relations,
Foreign Employment Division which is located at Moale Haus, Waigani, Port
Moresby.
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How
do I pay the penalty?
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The penalty must be
paid by way of a bank cheque made out to the Department of Labour and Industrial
Relations. The cheque must be
delivered to the Department’s Head Office
(see details below) and an official receipt obtained. You must retain the
receipt
as proof of payment. Payment will be taken to be made only when the
cheque is honoured on presentation.
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Where
do I pay the penalty?
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The Department of
Labour and Industrial Relations Head Office, Level 9, Pacific Place, Port
Moresby, Papua New Guinea. This office
is open from 8am to 1pm, Monday to
Friday.
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When
is the penalty payable?
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The penalty is
payable within 28 days from the date of the Notice.
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Can
I apply for additional time to pay?
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You can apply for
additional time to pay the penalty. You must apply within 28 days of the date of
this Notice. You must write to
the Secretary, Department of Labour and
Industrial Relations, and you must say how much extra time you want and why your
request
should be granted. You will receive written notice of the
Secretary’s decision regarding your request for additional time.
If you
are not granted extra time, the penalty remains payable within 28 days from the
date of this Notice, or 7 days after you were
told that you would not be given
the extra time to pay, whichever is the later.
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Can
the Infringement Notice be withdrawn?
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Yes. The Secretary,
Department of Labour and Industrial Relations may withdraw the Notice either
before or after the penalty is paid.
If you paid the penalty, and the Notice is
withdrawn, your payment will be refunded.
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Can
I dispute liability for the offence in Court?
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If you wish, the
matter may be referred to Court. However, if you do that, and the Court finds
against you, then, you could be:
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(a)
convicted of an offence; and
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(b)
ordered to pay an increased penalty, plus Court costs; and
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(c)
subject to other Court orders.
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What happens if the
penalty is paid within 28 days of the date of the Notice (or any extra time
given by the Secretary, Department
of Labour and Industrial
Relations)?
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If the penalty is
paid, then:
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(a)
your liability for the offence is discharged; and
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(b)
you will not be prosecuted for the offence in Court; and
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(c)
you will not be taken to have been convicted of the offence.
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What
happens if I do not pay the penalty?
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If you do not pay the
penalty within 28 days of the Notice (or any extra time given by the Secretary,
Department of Labour and Industrial
Relations) you may be sent a Reminder
Notice. Alternatively, the matter could be referred to Court.
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What
are the Department’s contact details?
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Any communications in
relation to this Infringement Notice should be addressed to: The Secretary,
Department of Labour and Industrial
Relations, P.O. Box 5644, Boroko, NCD, Papua
New Guinea, telephone (675) 323 2911, facsimile (675) 325 6655
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SCHEDULE 2. – .
Employment of Non-citizens
Act, Sec.12(1) |
OCCUPATIONS RESERVED FOR CITIZENS |
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Non-commercial
Farmers or Farm Managers
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Migration and
Employment Agent
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Pastrycook
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Cook
(General)
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Gardener
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Nurseryperson
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Hairdresser
(General)
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Jeweller
(General)
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Ambulance
Officer
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Enrolled
Nurse
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Child Care
Worker
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Nanny /
Babysitter
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Preschool
Aide
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Teachers’
Aide
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Aged or Disabled
Carer
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Orderly and Nursing
Support Worker
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Bar
Attendant
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Café
Worker
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Gaming
Worker
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Doorperson or Luggage
Porter
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Waiters
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Alarm, Security or
Surveillance Monitor
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Armoured Car Escort |
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Security
Officer/Guard
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Gallery or Museum
Guide
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Tour
Guide
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Tourist Information
Officer
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Travel Consultant
(General)
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Flight Attendant
(Domestic)
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Outdoor Adventure
Guide
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Outdoor Adventure
Porter
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Office
Manager
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Personal / Executive
Assistant (General)
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Secretary
(General)
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Legal
Secretary
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General
Clerk
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Word Processing
Operator
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Call or Contact
Centre Team Operator
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Receptionist
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Accounts
Clerk
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Cost
Clerk
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Bookkeeper
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Payroll
Clerk
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Bank
Worker
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Credit or Loans
Officer
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Insurance
Consultant
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Money Market
Clerk
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Statistical
Clerk
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Betting Agency
Counter Clerk
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Bookmaker’s
Clerk
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Telephone Betting
Clerk
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Courier |
Filing or Registry Clerk |
Mail Clerk |
Survey and Market Research Interviewer |
Switchboard Operator |
Order Clerk |
Production Clerk |
Purchasing Officer |
Sales Clerk |
Stock Clerk |
Warehouse Administrator |
Storeperson |
Debt Collector |
Human Resource Clerk |
Library Assistant |
Coding Clerk |
Production Assistant (Film, Television, Radio or Stage) |
Radio Despatcher |
Insurance Agent |
Sales Representatives |
Property Manager |
Rental Salesperson |
Real Estate Agent |
Sales Assistant (General) |
ICT Sales Assistant |
Motor Vehicle Salesperson |
Automotive Parts Salesperson |
Pharmacy Sales Assistant |
Retail Supervisor |
Service Station Attendant |
Door-to-door salesperson |
Street Vendor |
Checkout Operator |
Office Cashier |
Model |
Sales Demonstrator |
Telemarketer |
Ticket Seller |
Transport Conductor |
Visual Merchandiser |
Industrial Spraypainter |
Paper and Wood Products Machine Operator |
Photographic Developer and Printer |
Plastics and Rubber Production Machine Operators |
Sewing Machinist |
Textile and Footwear Production Machine Operators |
Motion Picture Projectionist |
Crane, Hoist or Lift Operator (General) |
Engineering Production Systems Worker |
Boiler or Engine Operator |
Bulk Materials Handling Plant Operator |
Cement Production Plant Operator |
Concrete Batching Plant Operator |
Concrete Pump Operator |
Paper and Pulp Mill Operator |
Waste Water or Water Plant Operator |
Weighbridge Operator |
Agricultural and Horticultural Mobile Plant Operator |
Logging Plant Operator |
Earthmoving Plant Operator (General) |
Backhoe Operator |
Bulldozer Operator |
Excavator Operator |
Grader Operator |
Loader Operator |
Forklift Driver |
Aircraft Baggage Handler and Airline Ground Crew |
Linemaker |
Paving Plant Operator |
Road Roller Operator |
Streetsweeper Operator |
Chauffeur |
Taxi Driver |
Bus Driver |
Charter and Tour Bus Driver |
Passenger Coach Driver |
Delivery Driver |
Truck Driver (General) |
Aircraft Refueller |
Furniture Removalist |
Tanker Driver |
Tow Truck Driver |
Car Detailer |
Commercial Cleaner |
Domestic Cleaner |
Commercial Housekeeper |
Domestic Housekeeper |
Laundry Worker (General) |
Drycleaner |
Ironer or Presser |
Carpet Cleaner |
Window Cleaner |
Builder’s Labour |
Drainage, Sewerage and Stormwater Labourer |
Earthmoving Labourer |
Plumber’s Assistant |
Concreter |
Fencer |
Building Insulation Installer |
Home Improvement Installer |
Paving and Surfacing Labourer |
Crane Chaser |
Driller’s Assistant |
Lagger |
Mining Support Worker |
Surveyor’s Assistant |
Baking Factory Worker |
Brewery Worker |
Confectionery Maker |
Dairy Products Maker |
Fruit and Vegetable Factory Worker |
Grain Mill Worker |
Sugar Mill Worker |
Meat Boner and Slicer |
Slaughterer (General) |
Meat, Poultry or Seafood Process Worker |
Chocolate Packer |
Container Filter |
Fruit and Vegetable Packer |
Meat Packer |
Seafood Packer |
Product Assembler |
Metal Engineering Process Worker |
Plasti9cs Factory Worker |
Rubber Factory Worker |
Product Examiner |
Product Grader |
Product Tester |
Paper and Pulp Mill Worker |
Sawmill or Timber Yard Worker |
Wood and Wood Products Factory Worker |
Cement and Concrete Plant Worker |
Chemical Plant Worker |
Clay Processing Factory Worker |
Fabric and Textile Factory Worker |
Footwear Factory Worker |
Glass Processing Worker |
Hide and Skin Processing Worker |
Aquaculture Worker |
Coffee Farm Worker |
Cocoa Farm Worker |
Coconut / Copra Farm Worker |
Oil Palm Farm Worker |
Rubber Farm Worker |
Tea Plantation Worker |
Sugar Cane Farm Worker |
Mixed Crop Farm Worker |
Fruit Farm Worker |
Vegetable Farm Worker |
Forestry Worker |
Logging Assistant |
Tree Faller |
Garden Labourer |
Horticultural Nursery Assistant |
Beef Cattle Farm Worker |
Goat Palm Farm Worker |
Mix Livestock Farm Worker |
Pig Farm Worker |
Poultry Farm Worker |
Sheep Farm Worker |
Mixed Crop and Livestock Farm Worker |
Hunter-Trapper |
Pest or Weed Controller |
Fast Food Cook |
Pastrycook’s Assistant |
Kitchenhand |
Freight Handler |
Truck Driver’s Offsider |
Waterside Worker |
Shelf Filler |
Caretaker |
Deck Hand |
Fishing Hand |
Handyperson |
Motor Vehicle Parts and Accessories Fitter (General) |
Autoglazier |
Exhaust and Muffler Fitter |
Radiator Fitter |
Tyre Fitter |
Printer’s Assistant |
Printing Table Worker |
Recycling or Rubbish Collector |
Vending Machine Attendant |
Bicycle Mechanic |
Car Park Attendant |
Crossing Supervisor |
Electoral or Telecommunications Trades Assistant |
Leaflet or Newspaper Deliverer |
Mechanic’s Assistant |
Sign Erector |
Ticket Collector or Usher |
Trolley Collector |
SCHEDULE 3. – .
Employment of Non-citizens
Act, Sec. 13(1) Reg.
Sec. 11
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OCCUPATIONS
TO BE ADVERTISED
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Assistant or Deputy Managers |
Human Resources Adviser |
Recruitment Consultant |
Industrial Relations Advisor |
Liaison Officer |
Automotive Electrician |
Motor Mechanic |
Diesel Motor Mechanic |
Motorcycle Mechanic |
Small Engine Mechanic |
Blacksmith |
Electoroplater |
Metal Casting Trades Worker |
Metal Polisher |
Sheetmetal Trades Worker |
Metal Fabricator |
Pressure Welder |
Welder |
Fitter (General) |
Fitter and Turner |
Fitter-Welder |
Metal Mechanist |
Textile, Clothing and Footwear Mechanic |
Panelbeater |
Vehicle Body Builder |
Vehicle Trimmer |
Vehicle Painter |
Bricklayer |
Stonemason |
Carpenter and Joiner |
Floor Finisher |
Painting Trades Worker |
Glazier |
Plasterer |
Roof Tiler |
Wall and Floor Tiler |
Plumber (General) |
Airconditioning and Mechanical Services Plumber |
Drainer / Drainlayer |
Gasfitter |
Electrician |
Lift Mechanic |
Airconditioning and Refrigeration Mechanic |
Electrical Linesworker / Electrical Line Mechanic |
Technical Cable Jointer |
Business Machine Mechanic |
Communications Operator |
Electronic Equipment Trades Worker |
Electronic Instrument Trades Worker |
Cabler (Data and Telecommunications) |
Telecommunications Cable Jointer |
Telecommunications Linesworker |
Telecommunications Technician |
Florist |
Arborist |
Landscape Gardener |
Greenkeeper |
Binder and Finisher |
Screen Printer |
Printing Machinist |
Printing and Graphic Trades Worker |
Canvas and Leather Goods Maker |
Appeal Cutter |
Clothing Patternmaker |
Upholsterer |
Cabinetmaker |
Furniture Finisher |
Picture Framer |
Wood Machinist |
Wood Turner |
Gallery or Museum Technician |
Library Technician |
Broadcasting Transmitter Operator |
Camera Operator (Film, Television or Video) |
Light Technician |
Make Up Artist |
Sound Technician |
Television Equipment Operator |
Signwriter |
Driving Instructor |
Proof Reader |
Auctioneer |
SCHEDULE 4. – .
Employment of Non-citizens
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Act,
Sec. 17(3)
Reg.
Sec. 14
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NON-CITIZEN DEEMED TO BE PROFICIENT IN ENGLISH |
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Antigua and Barbuda |
Australia |
Bahamas |
Barbados |
Belize |
Canada |
Cook Islands |
Dominica |
Federated States of Micronesia |
Fiji |
Gambia |
Ghana |
Grenada |
Guam |
Guyana |
Ireland |
Israel |
Jamaica |
Kenya |
Kiribati |
Lesotho |
Liberia |
Malawi |
Malaysia |
Maldives |
Mali |
Malta |
Marshall Islands |
Mauritus |
Namibia |
Nauru |
Nepal |
New Zealand |
Nigeria |
Palau |
Philippines |
Saints Kitts and Nevis |
Saint Lucia |
Samoa and American Samoa |
Seychelles |
Sierra Leona |
Singapore |
Solomon Islands |
South Africa |
St. Vincent & Grenadines |
Swaziland |
Tanzania |
Tonga |
Trinidad and Tobago |
Tuvalu |
Uganda |
United Kingdom |
United States of America |
Vanuatu |
Zambia |
Zimbabwe |
SCHEDULE 5. – .
Employment of Non-citizens
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Act,
Sec. 58(2)
Reg.
Sec. 19
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AMOUNT OF INFRINGEMENT NOTICE |
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Offence
specified in the
Employment of
Non-citizens Act 2007
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Maximum
fine that a court can impose
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Maximum
penalty which can be specified in the infringement notice
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Section 6(1) |
K20,000.00
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K10,000.00
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Section 6(2) |
K10,000.00
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K5,000.00
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Section 6(3) |
K10,000.00
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K5,000.00
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Section 11(2) |
K10,000.00
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K5,000.00
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Section 35(2) |
K1,000.00
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K500.00
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Section 36(2) |
K1,000.00
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K500.00
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Section 39(4) |
K1,000.00
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K500.00
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SCHEDULE 6 – . .
Employment of Non-citizens
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Act,
Sec. 61
Reg.
Sec. 26
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FEES |
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1
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Application for
General Work Permit
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K1000.00 for each
year of the worker permit
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2 |
Application for
Volunteer Work Permit
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K100.00 for each year
of the work permit
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3 |
Application for
Bridging Work Permit
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K100.00
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4 |
Application for
General Short Term Work Permit
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K500.00
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5 |
Application for
Volunteer Short Term Work Permit
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K50.00
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6 |
Application for
Renewal of General Work Permit
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K1000.00 for each
year of the work permit
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7 |
Application for
Renewal of Volunteer Work Permit
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K100.00 for each year
of the work permit
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8 |
Duplicate Work
Permit
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K100.00 for each
copy
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9 |
Duplicate Work Permit
Card
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K100.00 for each
copy
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10 |
Lodging an
Appeal
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K50.00
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11 |
Copy of the
Employment of Non-citizens Guidelines
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K25.00
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Office of Legislative Counsel, PNG
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