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[F.A.Q.]
Vanuatu Consolidated Legislation |
LAWS
OF THE REPUBLIC OF
VANUATU
REVISED
EDITION 1988
Commencement: 30 May 1983
CHAPTER 160
Act
1 of 1983ARRANGEMENT OF SECTIONS
SECTION
PART
I
Labour
Advisory Board
1.
Labour Advisory Board
PART
II
Appointment,
Powers and Duties of Officers
2.
Commissioner of
Labour
3.
Powers of Commissioner and labour
officers
4.
Dangerous and insanitary
premises
5.
Commissioner and labour officers to carry identity documents
PART
III
General
6.
Effects of custom, agreement
etc.
7.
Forced or compulsory
labour
8.
Prohibition of sex discrimination in employment
PART
IV
Contract
of Employment
9.
Form of
contract
10.
Contracts exempt from stamp duty
etc.
11.
Transfer of
contract
12.
Duty of employer to provide
work
13.
Sanitary facilities
etc.
14.
Probationary
period
15.
Period of contract
PART
V
Remuneration
16.
Remuneration
17.
Receipts for
remuneration
18.
Acceptance by employee of pay is no bar to subsequent
proceedings.
19.
Guarantees as regards
remuneration
20.
Period of
limitation
21.
Deductions from remuneration
PART
VI
Hours
of Work and Overtime Pay
22.
Days and hours of
work
23.
Work on public
holidays
24.
Meal and tea
breaks
25.
Weekly day of
rest
26.
Overtime
pay
27.
Classes of employees to whom sections 22-26 do not
apply
28.
Meaning of "hours of work"
PART
VII
Annual
Leave and Sick Leave
29.
Annual
leave
30.
Manner in which annual leave to be
taken
31.
Remuneration during annual
leave
32.
Entitlement when contract
terminated
33.
Duration of
entitlement
34.
Sick leave
PART
VIII
Employment
of Women and Young Persons
35.
Prohibition of employment of women at
night
36.
Maternity
leave
37.
Restriction on dismissal of women
employees
38.
Prohibition of employment of persons under
12
39.
Employment of persons under
14
40.
Employment of persons under
15
41.
Employment of persons under
18
42.
Employment of persons under 18 on
ships
43.
Register of young
persons
44.
Presumption
PART
IX
Safety
Precautions kind Medical
45.
Employers to provide safe working
conditions
46.
Notification of
accidents
47.
First-aid and medical treatment
PART
X
Termination
of Contract
48.
Termination of
contract
49.
Notice of termination of
contract
50.
Misconduct of
employee
51.
Employees may seek work during
notice
52.
Certificate of
employment
53.
Breach of contract by employer
PART
XI
Severance
Allowance
54.
Severance
allowance
55.
When severance allowance not
due
56.
Amount of severance
allowance
57.
Deductions from severance allowance
PART
XII
Repatriation
of Employees
58.
Employee's right to
repatriation
59.
Repatriation of employee's
family
60.
Proportional payment of travel
costs
61.
Means of
transport
62.
Subsistence during
repatriation
63.
Exemption from employer's duty to repatriate
PART
XIII
Miscellaneous
64.
Power of criminal court to order payments to
employees
65.
Employment
agencies
66.
Crimping
67.
Duty of employer to notify Commissioner of certain
redundancies
68.
Works
stores
69.
Control of prices in certain
stores
70.
Minister's power to prescribe housing
standards
71.
Apprenticeship
72.
Employers may be required to submit
returns
73.
Employer's
register
74.
Statistical returns
75.
Employers may make
regulations
76.
Application of the Act to public
service
77.
Minister's power to exempt persons etc. from provisions of this
Act
78.
Offences
79.
Continuing offences
______
EMPLOYMENT
To
provide for the general principles relating to contracts of employment and
matters incidental thereto.
PART
I
LABOUR
ADVISORY BOARD
LABOUR
ADVISORY
BOARD
1.
(1) There shall be established for the purposes of this Act a Labour Advisory
Board (hereinafter referred to as the
Board).
(2)
The Board shall consist of not more than fifteen members appointed by the
Minister of whom five shall be public servants and an
equal number of not more
than five members each representing in the opinion of the Minister the employers
of labour and employees
respectively.
(3)
Every member of the Board shall be appointed for such period and on such terms
and conditions as the Minister shall
determine.
(4)
It shall be the function of the Board to consider and advise the Minister upon
any matter affecting employment and labour relations
referred to it by the
Minister, and to exercise and perform such other duties in such manner and
subject to such conditions as the
Minister shall
determine.
(5)
Subject to any rules under this Act the Board shall regulate its procedure ill
such manner as it shall think fit.
PART
II
COMMISSIONER
OF LABOUR
APPOINTMENT,
POWERS AND DUTIES OF
OFFICERS
2.
There shall be a Commissioner of Labour (hereinafter referred to as "the
Commissioner") a deputy commissioner of labour and such
other officers (to be
known as "labour officers") as shall be necessary or expedient for the purposes
of this Act who shall be public
servants.
POWERS
OF COMMISSIONER AND LABOUR
OFFICERS
3.
(1) For the purpose of satisfying himself that the provisions of this Act are
being duly observed the Commissioner or any labour
officer may at all reasonable
times-
(a) enter, inspect and examine any land, building, camp, wharf, vessel or vehicle, or any place whatsoever where or about which any employee is housed or employed or where he has reason to believe that any employee is housed or employed;
(b) enter, inspect and examine any hospital or dispensary, or any sanitary arrangements used or intended to be used by employees or any water supply available for the use of employees, and take samples from the said water supply, and inquire and ascertain whether in any such hospital, dispensary or place of employment suitable medicines and remedies are provided for the use of employees;
(c) inspect kitchens and places in which food provided for the use of employees is stored, prepared or eaten and inspect, and take samples of, such food;
(d) require any employer to produce any employee employed by him and any documents or records relating to the employment of such employee;
(e) take or remove for the purposes of analysis samples of material and substances used or handled:
Provided that the employer or any person acting on his behalf is notified, of any samples or substances so taken or removed;
(f) interrogate, alone or in the presence of witnesses, the employer or any employee on any matter connected with the carrying out of the provisions of this Act, and may request information of any other person whose evidence he considers to be necessary;
(g) inquire from any employer or any person acting on his behalf regarding any matter connected with the carrying out of any of the provisions of this Act;
(h) require every employer to post and keep posted at some conspicuous place easily accessible to the employees, any notice served on him by the Commissioner:
Provided that the Commissioner or a labour officer-
(i) shall not enter or inspect a private dwelling-house without the consent of the occupier thereof;
(ii) on the occasion of a visit or inspection, shall notify the employer or his representative of his presence, unless he has reason to believe that such notification may be prejudicial to the performance of his duties;
(iii) if so required by the employer, shall be accompanied during any inspection or examination by the employer or his representative.
(2)
The Commissioner or a labour officer may at all reasonable times inspect and
take samples of and require any additions or replacements
to be made to any
drugs or dressings provided for the use of employees tinder any law or contract
of
service.
(3)
The Commissioner or a labour officer may copy or make extracts from any document
or records in the possession of an employer which
relate to any
employee.
DANGEROUS
AND INSANITARY
PREMISES
4.
(1) If, in the opinion of the Commissioner or a labour officer, any land,
building, camp or vessel where or about which any employee
is living or where
any employee is employed and which is provided for the use of any such employee
is insanitary or is in such condition
as to be dangerous to health or unfit for
occupation or use by the employee, the Commissioner or labour officer may in
writing direct
the person for the time being responsible for the management of
the Same to discontinue such occupation or use until such repair
or
reconstruction or other work as may be specified in the direction has been
carried out and certified by the Commissioner or labour
officer to be fit for
occupation or
use.
(2)
Where the Commissioner or labour officer gives any direction under subsection
(1) the person to whom the direction is addressed,
if he is of the opinion that
the terms of such direction are harsh or unreasonable or that the requirements
of the direction cannot
be carried out within the period required, may, after
giving notice thereof to the Commissioner, appeal to a magistrate's court
nearest
to the place where such land, building, camp or vessel is
situated.
(3)
Every such appeal shall be made within 30 days from the date on which the said
direction was communicated to such
person.
COMMISSIONER
AND LABOUR OFFICERS TO CARRY IDENTITY
DOCUMENTS
5.
The Commissioner or any labour officer, while exercising any powers or duties
under this Act, shall carry oil his person an identity
document in a prescribed
form and shall produce such document on request to any person to whom any
inquiry or demand is addressed
by him, and it shall be lawful for any person to
refuse anything required of him by the Commissioner or labour officer until such
identity document has been produced.
PART
III
EFFECTS
OF CUSTOM, AGREEMENT ETC.
GENERAL
6.
Nothing in this Act shall affect the operation of any law, custom, award or
agreement which ensures more favourable conditions in
any respect to the
employees concerned than those provided for in this
Act.
FORCED
OR COMPULSORY
LABOUR
7.
(1) No person shall exact, procure, or employ forced or compulsory
labour.
(2)
The expression "forced or compulsory labour" in subsection (1) means all work or
service which is exacted from any person under
the threat of any penalty and for
which that person has not offered himself voluntarily except-
(a) any work or service exacted in the course of compulsory military service for work of purely military character;
(b) any work or service which forms part of the normal civic obligations of citizens;
(c) any work or service exacted from any person as a consequence of a conviction by a court:
Provided that such work or service shall be carried out under the supervision and control of a public authority and that no person shall be hired to or placed at the disposal of, private individuals, companies or associations;
(d) any work or service exacted in cases of emergency, that is to say, in the event of war, or of a calamity or threatened calamity such as fire, flood, famine, earthquake, violent epidemic or animal disease, invasion by animal or vegetable pests, and, in general any circumstances that would endanger the existence or the well-being of the whole or part of the community;
(c) any minor communal services of a kind performed by members of a community in the direct interest of such community and which is therefore a normal civic obligation incumbent upon members of such community:
Provided that before exaction of such minor services consultation shall have been had with the members of the community or their representatives in regard to the need for such services.
PROHIBITION
OF SEX DISCRIMINATION IN
EMPLOYMENT
8.
(1) Where a woman is employed on like work with a man in the same employment she
shall be entitled to remuneration at the same rate
as that
man.
(2)
A woman is to be regarded as employed on like work with men if her work and
theirs is of the same or a broadly similar nature,
and the differences, if any,
between the things she does and the things they do are not of practical
importance in relation to terms
and conditions of
employment.
(3)
Subsection (1) shall not apply in relation to a variation between the woman's
contract and the man's contract if the employer
proves that the variation is
genuinely due to a material difference (other than the difference of sex)
between her case and his.
PART
IV
CONTRACT
OF EMPLOYMENT
FORM
OF
CONTRACT
9.
A contract of employment may be made in any form, whether written or
oral:
Provided
that a contract of employment for a fixed term exceeding 6 months or making it
necessary for the employee to reside away
from his ordinary place of residence
shall be in writing and shall state the names of the parties, the nature of
employment, the
amount and the mode of payment of remuneration, and, where
appropriate, any other terms and conditions of employment including housing,
rations, transport and
repatriation.
CONTRACTS
EXEMPT FROM STAMP DUTY
ETC.
10.
Contracts of employment shall be exempt from stamp duty and any other taxes or
levies.
TRANSFER
OF
CONTRACT
11.
The transfer of any contract of employment from one employer to another shall
not be binding upon the employee except with the employee's
consent which in the
case of a .written contract must be in
writing:
Provided
that if a change occurs in the ownership of an undertaking as a result of a sale
thereof as a going concern, inheritance,
formation of a company or similar cause
every contract of employment valid at the time of the change taking place shall
remain in
force between the employee and the new
employer.
DUTY
OF EMPLOYER TO PROVIDE
WORK
12.
Except in the case of, and during, an emergency which prevents him from doing
so, every employer shall provide the employee with
work in accordance with the
contract during the period for which the contract remains in force and on such
number of working days
as is expressly or impliedly provided for in that
contract. If the employer fails to provide work as aforesaid he shall pay to the
employee, in respect of every day on which he shall so fail, remuneration at the
same rate as if the employee had done the day's
work.
SANITARY
FACILITIES
ETC.
13.
(1) Where an employee is required to work in a building the employer shall
provide adequate lighting and ventilation in the building
and shall at or near
the place of work, provide and maintain for the use of the employees, so far as
it shall be practicable in the
circumstances of the undertaking-
(a) adequate sanitary and washing facilities;
(b) adequate facilities for the taking of meals;
(c) adequate supply of drinking water; and
(d) where necessary adequate-
(i) arrangements for the nursing of children of employees;
(ii) residential accommodation;
(iii) arrangements for the health, safety and welfare of the employees.
PROBATIONARY
PERIOD
14.
(1) Every contract of employment for an unspecified period shall be subject to
it probationary period of 15 days. This period may
be increased to a maximum of
6 months, including renewals, by agreement between the parties to the
contract.
(2)
During the probationary period a contract of employment may be terminated by
either party without notice at any
time.
PERIOD
OF
CONTRACT
15.
The maximum duration of employment that may be stipulated or implied in any
contract shall in no case exceed 3
years:
Provided
that in the case of a married man if he is to be unaccompanied by his family at
the place of employment during the term of
the contract the maximum duration so
stipulated or implied-
(a) if the distance between the employee's ordinary place of residence and the place of employment exceeds 50 kilometres, shall not exceed 12 months; and
(b) if the employee's ordinary place of residence is outside Vanuatu, shall not exceed 2 years.
PART
V
REMUNERATION
REMUNERATION
16.
(1) All monetary remuneration of an employee shall be paid in legal
tender:
Provided
that, subject to the written approval of a labour officer, remuneration may be
paid by bank cheque in cases in which payment
in this manner is customary or is
reasonable because of special circumstances or with the consent of the
employee.
(2)
Subject to the written approval of a labour officer, a part of the remuneration
may be paid in the form of allowances in kind
in industries or occupations in
which such payment is customary or desirable because of the nature of industry
or occupation concerned,
before granting his approval the labour officer shall
satisfy himself that-
(a) such allowances are appropriate for the personal use and benefit of the employee and his family;
(b) the value attributed to such allowance is fair and reasonable.
(3)
Payment of remuneration or any part thereof in intoxicating liquor or noxious
drugs is prohibited in all
circumstances.
(4)
The payment of remuneration where paid in cash shall be made on working days
only at or near the place of work, unless some other
arrangement known to the
employee is more appropriate in any individual
case.
(5)
Payment of remuneration in taverns or similar establishments and, where
necessary to prevent abuse, in shops or stores for the
retail sale of goods and
in places of amusement is prohibited except in the case of persons employed
therein.
(6)
Remuneration shall be paid not later than 8 days after the end of the period to
which it
relates.
(7)
Remuneration shall be paid at regular intervals not exceeding 15 days to every
employee whose remuneration is calculated by the
hour, the day or the week and
monthly to any other
employee:
Provided
that where remuneration is paid twice monthly the employer may pay allowances
and accessories to wages once each
month.
(8)
In case of termination of contract, remuneration mid allowances, including where
appropriate, payments in lieu of holidays, shall
be paid as soon as the service
has
ceased.
(9)
The preceding subsections shall not apply in relation to the remuneration
payable to any employee who is not ordinarily resident
in Vanuatu and who has
been recruited in some other country for the purpose of his employment in
Vanuatu.
RECEIPTS
FOR
REMUNERATION
17.
(1) Payment of remuneration shall be recorded on a document prepared or
certified by the employer or his, representative and initialled
by each
payee:
Provided
that if the employee is unable to sign his name he shall mark the document with
his
thumbprint.
(2)
The documents mentioned in subsection (1) shall be preserved by the employer for
a period of not less than 3 years in the same
way as other accountancy documents
and shall be presented to a labour officer on
demand.
(3)
Except where otherwise authorised by the Commissioner the employer shall give an
individual pay voucher to the employee at the
time of payment of remuneration if
the employee request such a
voucher.
(4)
Such voucher shall be in any form that it is convenient for the employer to
adopt but shall state the names of the employer and
of the employee and give
details of the way in which the remuneration has been
calculated.
ACCEPTANCE
BY EMPLOYEE OF PAY IS NO BAR TO SUBSEQUENT
PROCEEDINGS
18.
(1) No statement such as "received in full settlement of all claims" made by the
employee, whether during the period of his contract
or after its termination,
shall have the effect of waiving any rights he may have under the said
contract.
(2)
The acceptance without protest or reservation by an employee of a pay document
shall not be held to imply renunciation on his
part of the claim for all or any
part of remuneration which may be due to him and such acceptance shall not be
held to imply the
settlement of all
claims.
GUARANTEES
AS REGARDS
REMUNERATION
19.
(1) No sum due to a contractor undertaking any public works shall be the subject
of a garnishee order nor shall payment thereof be
stopped to the prejudice of
the employees to whom remuneration is
due.
(2)
Remuneration due to the employees shall be paid in priority over those due to
suppliers.
PERIOD
OF
LIMITATION
20.
No proceedings may be instituted by an employee for the recovery of remuneration
after the expiry of 1 year from the end of the period
to which the remuneration
relates.
DEDUCTIONS
FROM REMUNERATION
21.
(1) Except as provided in this section and subject to any collective agreement
binding on the employer and the employee, no employer
shall make any deduction
or make any agreement with an employee for any deduction from the employee's
remuneration for, or in respect
of, any fine or of bad or negligent work or
damage to the materials or other property of the
employer:
Provided
that subject to a prior written approval of a labour officer, a deduction may be
made in respect of any loss or damage to
materials or other property (if the
employer caused by the wilful misconduct or negligence of the
employee.
(2)
Deductions may be made from the remuneration of an employee only in respect of
all or any of the following-
(a) any sums advanced by the employer to the employee, in anticipation of the regular period of payment of his remuneration;
(b) the actual cost to the employer of any materials, tools or implements supplied to the employee by the employer at the employee's request for use by him outside the course of his employment;
(c) an amount, approved by a labour officer, being the fair value of any rations or the fair rent for any accommodation provided by the employer for the employee;
(d) at a written request of an employee-
(i) the cost of any articles purchased by him on credit from the employer;
(ii) the cost of any food provided by the employer and prepared or consumed on his premises:
Provided that such cost shall not exceed the lowest price at which the employer sells such articles or food to members of the public;
(e) the amount of any membership fees or similar dues paid over by the employer at the employee's request to any trade union registered under the Trade Unions Act, Cap. 161;
(f) any sum in respect of any other matter as may be prescribed:
Provided that, except in the case of an attachment or assignment of remuneration ordered by the court, the total amount of the deductions referred to in this section may not exceed one-third of the total amount of the employee's remuneration in any pay period.
(3)
Notwithstanding anything contained in subsections (1) and (2) an employer may at
the request of an employee make deductions from
the employee's remuneration and
pay to the appropriate authority, person or account any subscriptions which the
employee has agreed
to contribute to any provident or pension fund or similar
scheme approved by the Commissioner.
PART
VI
DAYS
AND HOURS OF WORK
HOURS
OF WORK AND OVERTIME
PAY
22.
(1) Subject to the provisions of this Part no employee shall be required to work
in any undertaking more than 44 hours or 6 days
in any week or more than 8 hours
in any day exclusive of the time allowed for meals and
tea.
(2)
The limit of hours of work provided for in subsection (1) may be
exceeded-
(a) in case of accident, actual or threatened, or in case of urgent work to be done to machinery or plant, or in case of an emergency, but only so far as may he necessary to avoid serious interference with the ordinary working of the undertaking;
(b) in those processes which by their nature are required to be carried on continuously by a succession of shifts:
Provided
that the working hours shall not exceed 56 in a week on the
average.
(3)
In case of a general interruption of work due to holidays or accidents to plant,
interruption of power, light or water, or similar
occurrences causing serious
material damage to an undertaking, hours of work in the day may be increased for
the purpose of making
up the hours of work which have been
lost:
Provided
that-
(a) hours of work which have been lost shall not be made up on more than 30 days in the year and shall be made with a reasonable lapse of time;
(b) the increase in hours of work in the day shall not exceed 1 hour;
(c) hours of work in the day shall not exceed 10; and
(d) the employer shall as soon as practicable notify the labour officer of any increase of hours of work mentioned in this subsection.
WORK
ON PUBLIC
HOLIDAYS
23.
(1) Except where he voluntarily undertakes so to do no employee shall be
required to work on a Sunday or public
holiday.
(2)
Subsection (1) shall not apply in relation to persons employed
in-
(a) undertakings engaged in the transport of passengers or goods by road, sea or air, including the handling of passengers or goods at docks, quays, wharves, warehouses or airports;
(b) undertakings of public utility including provision of water or gas, generation or supply of electricity, postal and telecommunication services, sewerage and similar services;
(c) hotels, guest houses, bars, restaurants, clubs and similar establishments;
(d) theatres and places of public amusement;
(e) establishments for the treatment and care of the sick, infirm, destitute or mentally unfit;
(f) newspaper and radio broadcasting undertakings;
(g) animal husbandry;
(h) any other work approved, on the application of an employer, by a labour officer for the purpose of this subsection, having regard to the requirements of the proper management of the undertaking and the convenience of the public.
(3)
An employee working on a Sunday or public holiday in pursuance of subsection (2)
shall be granted an equivalent period of time
off work oil another
day.
MEAL
AND TEA
BREAKS
24.
Every employee who is at work for more than 6 consecutive hours on 1 day shall
be granted a break of 1 hour for a meal and a tea
break of 20 minutes or 2 tea
breaks of 10 minutes each.
WEEKLY
DAY OF REST
25.
Every employee shall be entitled to a weekly rest of 24 consecutive hours which
shall normally fall on a Sunday except where another
day has been fixed by
agreement between employee and employer or in any trades where it is usual to
take another
day:
Provided
that in any undertaking where work is continuous and where simultaneous taking
of the day of rest by all the staff would
be to the prejudice of either the
public or the proper working of the undertaking the employer may grant the
weekly day of rest by
rotation or may divide it into 2 half-days. In any such
case the allocation of the weekly day of rest shall be posted up at the place
of
work.
OVERTIME
PAY
26.
(1) In respect of work carried out in excess of the normal hours of work
mentioned ill section 22(1) an employee shall be paid overtime
at the following
rates-
(a) for work on public holidays or Sundays at a minimum rate equal to one-and-half times the normal hourly rate;
(b) for work carried out in excess of the normal weekly hours of work-
(i) for the first 4 hours: at a minimum rate equal to one-and-a-quarter times the normal hourly rate;
(ii) in excess of 4 hours: at a minimum rate equal to one-and-a-half times the normal hourly rate;
(c) for work (other than work as a night watchman) carried out at night between 8 p.m. to 4 a.m. in excess of the normal weekly hours of work: a minimum rate equal to one-and-three-quarter times the normal hourly rate.
(2)
Subsection (1) shall not apply to persons engaged in domestic service of the
employer.
CLASSES
OF EMPLOYEES TO WHOM SECTIONS 22-26 DO NOT
APPLY
27.
Nothing in sections 22 to 26 inclusive shall apply to or in relation
to-
(a) any undertaking in which only members of the employer's family are employed;
(b) offices in which staff is engaged in connection with the administration of public authority;
(c) persons occupying positions of management or employed in a confidential capacity;
(d) such other classes of persons as may be prescribed.
MEANING
OF "HOURS OF
WORK"
28.
In this Part the expression "hours of work" means the time during which an
employee is at the disposal of the employer and does not
include rest periods
which he is not at the disposal of the employer.
PART
VII
ANNUAL
LEAVE
ANNUAL
LEAVE AND SICK
LEAVE
29.
(1) Every employer shall grant an employee who has been in continuous employment
with him for 12 consecutive months annual leave
on full pay at the rate of 1
working day for each month of
employment.
(2)
The rate of the annual leave provided for ill subsection (1) shall be increased
to 2 working days after 20 years, 4 working days
after 1-5 years and to 6
working days after 30 years service in the same undertaking, whether continuous
or
not:
Provided
that this subsection shall not apply in relation to employees in agricultural
undertakings.
(3)
For the purpose of this section there shall be included in the period of
continuous employment any periods of absence from work
caused by-
(a) an accident at work duly certified by a recognised medical practitioner;
(b) illness arising from employment duly certified by a recognised medical practitioner;
(c) maternity leave up to a period of 12 weeks;
(d) illness duly certified by a medical practitioner up to a period of 3 months.
MANNER
IN WHICH ANNUAL LEAVE TO BE
TAKEN
30.
(1) The annual leave shall be taken in one period or if the employer and the
employee so agree, in not more than 2 separate
periods.
(2)
If the employer and the employee so agree, the annual leave or either of its
parts, may be taken wholly or partly in advance before
the employee has acquired
entitlement
thereto.
(3)
The date of the annual leave shall be fixed by the employer, who shall in so far
as it shall be practicable in the circumstances
of the undertaking, comply with
the employee's request in this
respect.
REMUNERATION
DURING ANNUAL
LEAVE
31.
The employer shall pay to the employee during the annual leave remuneration at
least equal to the employee's average remuneration
for the 12 months preceding
the commencement of the
leave:
Provided
that such remuneration unless the parties otherwise agree need not include any
bonuses, overtime pay, expatriation allowances
or reimbursement of
expenses.
ENTITLEMENT
WHEN CONTRACT
TERMINATED
32.
If a contract of employment terminates before the employee has acquired
entitlement to annual leave, an allowance calculated on the
basis of the
entitlement provided for in section 29 shall be paid in the place of
leave:
Provided
that if the contract has been broken by the employee such allowance shall only
be payable on condition that the employee
has completed at least 6 months
service, and, that in the case of hourly or daily paid employees 1 month service
shall mean not less
than 22 days' work carried out within the
month.
DURATION
OF
ENTITLEMENT
33.
After leaving the service of his employer any employee may avail himself of his
annual leave and travel, if any, within 6 months
counting from the date on which
he ceased to work for that
employer:
Provided
that travel shall only be paid for by the employer if the employee actually
makes the
journey.
SICK
LEAVE
34.
(1) Subject to subsection (2), every employee who has been in continuous
employment with the same employer for more than 12 months
shall be entitled in
every year to 21 working days' leave on full pay on grounds of
illness.
(2)
An employee who absents himself from work on grounds of illness shall, except
where the employer is aware of the nature of the
illness, as soon as practicable
notify the employer of the illness and if he remains ill-
(a) within the municipal boundaries of Port Vila or Luganville for more than 2 days;
(b) in any other area for more than 4 days,
shall
forward to the employer a medical certificate of
illness.
(3)
A medical certificate issued for the purpose of showing good and sufficient
cause for absence from work shall not be valid in
respect of any period in
excess of 4 days before the day on which the employee had been examined by the
medical practitioner issuing
the
certificate.
(4)
The employer may, at his own expense, cause all employee who is absent on
grounds of illness to be examined by a medical practitioner.
PART
VIII
EMPLOYMENT
OF WOMEN AND YOUNG PERSONS
PROHIBITION
OF EMPLOYMENT OF WOMEN AT
NIGHT
35.
(1) Subject to subsection (2), women shall not be employed during the night in
any undertaking, except where the night work-
(a) has to do with raw materials or materials in course of treatment which are subject to rapid deterioration;
(b) is necessitated by an emergency which it was impossible to foresee and which is not of a recurring character;
(c) is that in a responsible position of management held by a woman who is not ordinarily engaged in manual work;
(d) is that of nursing and of caring for the sick, or other health or welfare work, including work in pharmacy;
(e) is carried on in a theatre or other place of public amusement;
(f) is carried on in connection with a hotel, guest hotel, bar, restaurant, club, or similar establishment;
(g) is carried on in connection with the transport of passengers by sea or air;
(h) is carried on in connection with postal and telecommunication services or broadcasting;
(i) is authorised by the Minister by order in conformity with conventions.
(2)
The Ministry may by Order suspend the prohibition of the employment of women
during the night when in case of serious emergency
the public interest so
demands.
(3)
In this section "night" means the period between 7 o'clock in the evening and 6
o'clock in the
morning.
MATERNITY
LEAVE
36.
(1) An employer shall allow a woman employee to leave tier work upon production
by her of a medical certificate stating that her
confinement is likely to take
place within 6 weeks, and shall not permit her to work to the 6 weeks following
her
confinement.
(2)
While absent from work in pursuance of subsection (1) a woman employee shall be
entitled to be paid not less than half of the
remuneration she would have earned
had she not been so
absent.
(3)
An employer shall allow a woman employee who is nursing a child half an hour
twice a day during her working hours for this purpose;
such interruptions of
work shall be counted as working hours and shall be remunerated
accordingly.
RESTRICTION
ON DISMISSAL OF WOMEN
EMPLOYEES
37.
No employer shall give notice of dismissal to a woman employee who is absent in
pursuance of section 36 or who remains absent as
a result of illness certified
by a medical practitioner to arise out of pregnancy or confinement and rendering
her unfit for
work:
Provided
that such additional absence from work shall not exceed 3
weeks.
PROHIBITION
OF EMPLOYMENT OF PERSONS UNDER
12
38.
No person under the age of 12 years shall be employed in any capacity, except on
light work suitable to his capacity in an agricultural
undertaking owned and
managed by the family of which he is a
member.
EMPLOYMENT
OF PERSONS UNDER
14
39.
A person under the age of 14 years shall all not be employed except on light
work of an agricultural or domestic character in which
members of the employer's
family are employed with him, or on agricultural light work carried on
collectively by the local
community.
EMPLOYMENT
OF PERSONS UNDER
15
40.
A person under the age of 15 years shall not be employed on work-
(a) in any industrial undertaking except in employment approved by the Commissioner;
(b) on any ship.
EMPLOYMENT
OF PERSONS UNDER
18
41.
(1) A person under the age of 18 years shall not be employed during the night in
any industrial undertaking, except that, if such
person is over the age of 16
years, he may be so employed subject to the written consent of a labour
officer.
(2)
In subsection (1) "night" means a period of at least 7 consecutive hours falling
between 10 o'clock in the evening and 6 o'clock
in the
morning.
EMPLOYMENT
OF PERSONS UNDER 19 ON
SHIPS
42.
A person under the age of 18 years shall not be employed on any kind of work oil
a ship unless certified by a medical practitioner
to be fit for such
work:
Provided
that in urgent cases a labour officer may permit the engagement of a person
under the age of 18 years without prior medical
examination, and in such case
the employer shall at his own expense have such a person medically examined at
the first place of call
at which there is a medical practitioner, and should
such practitioner not attest such person as fit for the work, the employer shall
at his own expense return such person as a passenger to the port or place where
he was engaged, or to his home, whichever is the
nearer.
REGISTER
OF YOUNG PERSONS
43.
Every employer in an industrial undertaking and every master of a ship shall
keep a register of all persons under the age of 18 years
employed in such
undertaking or oil such ship, and shall enter therein the names of such persons,
the dates of their birth and the
dates when their employment begins and ceases;
such register shall be open to inspection by a labour
officer.
PRESUMPTION
44.
In any proceedings in respect of an offence under sections 38 to 43 inclusive
the Court may determine the age of the person.
PART
IX
SAFETY
PRECAUTIONS AND MEDICAL FACILITIES
EMPLOYERS
TO PROVIDE SAFE WORKING
CONDITIONS
45.
(1) Every employer shall take appropriate steps as soon as possible to remedy
any working conditions which may be dangerous for the
health or welfare of his
employees.
(2)
The Commissioner may issue a written notice to any employer recording any
offences or dangerous conditions discovered and fixing
the period within which
they shall be
eliminated.
NOTIFICATION
OF
ACCIDENTS
46.
Every employer shall as soon as possible inform a labour officer, giving all
relevant details, of any accident at work or illness
arising from work that has
occurred in his
undertaking.
FIRST-AID
AND MEDICAL
TREATMENT
47.
(1) Every employer shall at his own expense provide for his employees and
members of their families living with them, medical aid
in accordance with such
scale as the Minister may prescribe as suitable in the circumstances of any
undertaking:
Provided
that the provision of medical aid for members of the employee's family shall
only be required where they are resident on
the employer's property with his
consent.
(2)
In the event of an injury to, or sickness of, an employee occurring on the
premises of an undertaking the employer shall, if necessary,
make such
arrangements as may be practicable to move the injured or sick person to the
nearest hospital, clinic of similar
place.
(3)
Every employer shall have permanently available on the premises of the
undertaking such medicines, dressings and similar articles
as are necessary for
first-aid.
PART
X
TERMINATION
OF CONTRACT
TERMINATION
OF
CONTRACT
48.
Subject to the provisions of this Part a contract of employment shall terminate
on the last day of the period agreed in the contract
or on the completion of the
piece of work specified therein.
NOTICE
OF TERMINATION OF CONTRACT
49.
(1) A contract of employment for an unspecified period of time shall terminate
on the expiry of notice given by either party to the
other of his intention to
terminate the
contract.
(2)
Notice may be verbal or written, and, subject to subsection (3), may be given at
any
time.
(3)
The length of notice to be given under subsection (1)-
(a) where the employee has been in continuous employment with the same employer for not less than 3 years, shall he not less than 3 months;
(b) in every other case-
(i) where the employee is remunerated at intervals of riot less than 14 days, shall he not less than 14 days before the end of the month In which the notice is given;
(ii) where the employee is remunerated at intervals of less than 14 days, shall be at least equal to the interval.
(4)
Notice of termination need not be given if the employer pays the employee the
full remuneration for the appropriate period of
notice specified in subsection
(3).
MISCONDUCT
OF
EMPLOYEE
50.
(1) In the case of a serious misconduct by an employee it shall be lawful for
the employer to dismiss the employee without notice
and without compensation in
lieu of
notice.
(2)
None of the following acts shall be deemed to constitute misconduct by an
employee-
(a) trade union membership or participation in trade union activities outside working hours, or with the employer's consent, during the working hours;
(b) seeking office as, or acting in the capacity of, an employee's representative;
(c) the making in good faith of a complaint or taking part in any proceedings against an employer.
(3)
Dismissal for serious misconduct may take place only in cases where the employer
cannot in good faith be expected to take any
other
course.
(4)
No employer shall dismiss an employee on the ground of serious misconduct unless
he has given the employee an adequate opportunity
to answer any charges made
against him and any dismissal in contravention of this subsection shall be
deemed to be an unjustified
dismissal.
(5)
An employer shall be deemed to have waived his right to dismiss an employee for
serious misconduct if such action has not been
taken within a reasonable time
after he has become aware of the serious
misconduct.
EMPLOYEES
MAY SEEK WORK DURING
NOTICE
51.
During the period of notice an employee shall be entitled to a reasonable period
of time off work without loss or reduction of remuneration
in order to be able
to seek other
employment.
CERTIFICATE
OF
EMPLOYMENT
52.
(1) An employee whose employment has been terminated shall be entitled to
receive from the employer, on request at the time of the
termination, a
certificate specifying the dates of his engagement and termination and the type
of work on which he was
employed.
(2)
Nothing unfavourable to the employee shall be inserted tin such a
certificate.
BREACH
OF CONTRACT BY
EMPLOYER
53.
(1) If an employer ill treats an employee or commits some other serious breach
of the terms and conditions of the contract of employment,
the employee may
terminate the contract forthwith and shall he entitled to his full remuneration
for the appropriate period of notice
in accordance with section 49 without
prejudice to any claim he may have for damages for breach of
contract.
(2)
An employee shall be deemed to have waived his right under subsection (1) if he
does not claim it within a reasonable time after
he has become aware of his
being entitled thereto.
PART
XI
SEVERANCE
ALLOWANCE
SEVERANCE
ALLOWANCE
54.
(1) Subject to section 55, where an employee has been in continuous employment
for a period of not less than 12 months with an employer
and the employer
terminates his employment or retires him on or after his reaching the age of 55,
the employer shall pay severance
allowance to the
employee.
(2)
For the purposes of subsection (1)-
(a) an employee who works for his employer on 4 or more days in any week shall be deemed, in respect of that week, to have been in continuous employment;
(b) no employee shall be held to have ceased to be in the continuous employment of an employer by reason of his participation in a strike which is not unlawful.
(c) where an employee ceases to be in the employment of one employer and enters the employment of another under section 55(4), his employment by the first and second employer shall be deemed to be continuous employment.
(3)
For the purposes of section 308 of the Companies Act, Cap. 191 severance pay
shall be deemed to be
wages.
WHEN
SEVERANCE ALLOWANCE NOT
DUE
55.
(1) Severance allowance shall not be payable to an employee who has been
recruited outside Vanuatu and is not ordinarily resident
in
Vanuatu.
(2)
An employee shall not be entitled to severance allowance if he is dismissed for
serious misconduct as provided in section
50.
(3)
Where-
(a) an employer dies and the employee is employed or offered employment by the personal representative of the deceased forthwith after the death;
(b) employment by a partnership ceases on the dissolution of the partnership, and the employee is employed or offered employment by a member of the dissolved partnership or a new partnership forthwith after the dissolution,
(c) employment by a body corporate ceases on the dissolution of that body and the employee its employed or offered employment by some other corporate body in accordance with an enactment or a scheme of reconstruction forthwith after the dissolution; or
(d) employment ceases on the disposal of the goodwill, or of the whole or a substantial part of the business as a going concern, or of that part of the business in which the employee is employed and he is employed or offered employment by the person who acquires the goodwill or business or part of the business forthwith after the disposal,
on
terms and conditions which are not less favourable than those of the former
agreement, the employee shall not be entitled to severance
allowance.
(4)
Where an employee to whom an offer is made in any of the circumstances specified
in subsection (3) accepts the offer, he shall
be deemed to have entered the
employment of the person by whom the offer is made forthwith upon the cessation
of his employment with
the first
employer.
(5)
Where an employee is deemed to be in continuous employment in accordance with
section 54(2) and that continuous employment is
terminated in circumstances in
which severance allowance is payable, the employer in whose service the employee
was employed immediately
before the termination shall be deemed to be the
employer during the whole of the period and shall be liable to pay severance
allowance
accordingly.
(6)
An employer who is liable to pay severance allowance under subsection (5)
shall-
(a) be entitled to deduct any period and to make any deduction which any previous employer would have been entitled to deduct or to make had the previous employer become liable to pay severance allowance; and
(b) be exempt from any liability to pay the allowance in respect of any period for which any previous employer was exempt from such liability.
AMOUNT
OF SEVERANCE
ALLOWANCE
56.
(1) Subject to the provisions of this Part, the amount of severance allowance
payable to an employee shall be calculated in accordance
with subsection
(2).
(2)
Subject to subsection (4) the amount of severance allowance payable to an
employee shall be-
(a) for every period of 12 months-
(i) half a month's remuneration, where the employee is remunerated at intervals of not less than, 1 month.
(ii) 15 days' remuneration, where the employee is remunerated at intervals of less than 1 month;
(b) for every period less than 12 months a sum equal to one-twelfth of the appropriate sum calculated under paragraph (a) multiplied by the number of months during which the employee was in continuous employment.
(3)
Where remuneration is fixed at a rate calculated on work done or includes any
sum paid by way of commission in return for services,
the remuneration shall,
for the purposes of this section, be computed in the manner best calculated to
give the rate at which the
employee was being remunerated over a period not
exceeding 12 months prior to the termination of his
employment.
(4)
The court shall, where it finds that the termination of the employment of an
employee was unjustified, order that he be paid a
sum up to 6 times the amount
of severance allowance specified in subsection
(2).
(5)
Any severance allowance payable under this Act shall be paid on the termination
of the
employment.
(6)
The court may, where it thinks fit and whether or not a claim to that effect has
been made, order an employer to pay interest,
at a rate not exceeding 12 per
cent per annum from the date of the termination of the employment to the dale of
payment.
(7)
For the purposes of this section the remuneration which shall be taken into
account in calculating the severance allowance shall
be the remuneration to the
employee at the time of the termination of his
employment.
DEDUCTIONS
FROM SEVERANCE
ALLOWANCE
57.
An employer may deduct from any severance allowance payable-
(a) in the case of an employee who is retired on or after attaining the age of 55 years-
(i) half the amount of any gratuity due at the age of 55 years from any provident or pension fund or similar scheme approved by the Commissioner;
(ii) any gratuity granted at the age of 55 years by the employer;
(iii) 5 times the amount of any annual pension granted at the age of 55 years from any fund or scheme mentioned in paragraph (a)(i) above;
(iv) 10 times the amount of any annual pension granted at the age of 55 years by the employer;
(b) in any other case-
(i) any gratuity granted by the employer;
(ii) any contribution made to any fund or scheme mentioned in paragraph (a)(i) above by the employer.
PART
XII
REPATRIATION
OF EMPLOYEES
EMPLOYEE'S
RIGHT TO
REPATRIATION
58.
(1) Subject to section 63 every employee whose ordinary place of residence is
more than 50 kilometres away from his place of employment
and who has been
brought to the place of employment by the employer or his agent shall have the
right to be repatriated at the expense
of the employer to his place of origin or
engagement, whichever is nearer to the place of employment, in the following
cases-
(a) on the expiry of the term of contract;
(b) in the case of a termination of a contract when the employee has become entitled to a paid annual leave;
(c) in the case of a breach of contract or a serious offence committed by the employer;
(d) in the case of the termination of a contract due to the inability of the employee to complete the contract owing to sickness or accident.
(2)
The right of an employee under subsection (1) shall lapse if not used by It him
ill within 111 ill 6 months from the date at which
he becomes entitled
thereto.
REPATRIATION
OF EMPLOYEE'S
FAMILY
59.
(1) Where the family of an employee has been brought to the place of employment
by the employer or his agent in the circumstances
mentioned in section 58 the
family shall have the right to be repatriated as provided in that section
whenever the employee is repatriated
or in the event of his
death.
(2)
The expression "family" in subsection (1) means the wife and the dependent minor
children of an employee who reside with
him.
PROPORTIONAL
PAYMENT OF TRAVEL
COSTS
60.
When a contract is terminated for any cause other than those provided for in
section 58 or by reason of a serious offence committed
by the employee the
employer shall bear travel costs proportionate to the length of the employee's
service ill respect of both the
journey to and from his place of
employment.
MEANS
OF
TRANSPORT
61.
The means of transport shall be determined by the employee's position in the
undertaking in accordance with the local
usage:
Provided
that the employer shall ensure that the employee and his family are transported
in reasonable comfort and
safety.
SUBSISTENCE
DURING
REPATRIATION
62.
(1) Subject to subsection (2) and to section 60 the expenses of repatriation
shall include-
(a) the cost of travelling and reasonable subsistence expenses during the journey;
(b) reasonable subsistence expenses during the period, if any, between the date of the expiry of the contract and the date of repatriation.
(2)
The employer shall not be liable for subsistence expenses in respect of any
period during which the repatriation of an employee
has been
delayed-
(a) unreasonably by the employee's own choice;
(b) for reasons of force majeure, unless the employer has been able during that period to use the services of the employee at the rate of remuneration applicable under the expired contract.
EXEMPTION
FROM EMPLOYER'S DUTY TO
REPATRIATE
63.
Notwithstanding anything contained in the other sections of this Part an
employer shall not be liable for the costs of repatriation
or subsistence
expenses if it is proved to the satisfaction of a labour officer-
(a) that the employee has signified, in writing or otherwise, that he does not wish to exercise the right to repatriation;
(b) that the employee has been settled, at his own request or with his consent, at or near the place of his employment;
(c) that his contract has been terminated owing to a serious breach thereof by the employee;
(d) when the contract has been terminated otherwise than by reason of the employee's inability to complete the contract owing to sickness or accident and the labour officer is satisfied that-
(i) in fixing the rate of the remuneration proper allowance has been made for the payment of the costs of repatriation by the employee;
(ii) that suitable arrangements have been made by means of a deferred pay system or otherwise to ensure that the employee has the funds necessary for the payment of such costs.
PART
XIII
MISCELLANEOUS
POWER
OF CRIMINAL COURT TO ORDER PAYMENTS TO
EMPLOYEES
64.
(1) Where, in the course of proceedings against a person being an employer in
respect of any offence under this Act, it is proved
to the satisfaction of the
court, that a sum of money is owning by that person to his employee, by way of
remuneration or otherwise,
under, or arising out of, his contract of employment,
the court, in addition to dealing with that person in any other way, may, on
application or otherwise, make an order requiring him to pay that sum to the
employee.
(2)
An order made under subsection (1) shall be suspended-
(a) in any case until the expiration of the period prescribed by law for the giving of notice of appeal against a decision of the court;
(b) where notice of appeal is given, until the date of the determination or abandonment of appeal.
(3)
Where an order under subsection (1) has been made against a person in respect of
any offence taken into consideration in determining
his sentence-
(a) the order shall cease to have effect if he successfully appeals against his conviction of the offence or, if more than 1, all the offences, of which he was convicted in the proceedings in which the order was made;
(b) he may appeal against the order as if it were a part of the sentence imposed ill respect of the offence or, if more than 1, any of the offences, of which he was so convicted.
EMPLOYMENT
AGENCIES
65.
(1) No person shall carry on the business of an employment agency except in
accordance with the conditions specified in subsection
(2).
(2)
The conditions mentioned in subsection (1) are-
(a) that such person shall be in possession of a valid current licence issued by the Commissioner for the purpose of this section;
(b) that fees and expenses shall be charged only on the scale submitted to and approved or fixed by the Commissioner;
(c) that such books and records shall he kept as shall be required by the Commissioner;
(d) that placement and recruitment of persons for employment outside Vanuatu shall not be carried on without an express permission in the licence mentioned in paragraph (a), and that any contract made or intended to be made in respect of such employment shall be submitted for the prior approval by the Commissioner.
(3)
The expression "employment agency" in subsection (1) means an agency which acts
as an intermediary for the purpose of procuring
employment for a person or
supplying an employee for an employer with a view to deriving either directly or
indirectly a pecuniary
or other advantage from the employer or
employee:
Provided
that the expression "employment agency" shall not include newspapers or other
publications unless they are published wholly
or mainly for the purpose of
acting as intermediaries between employers and
employees.
CRIMPING
66.
If an employee who has wrongfully broken a contract takes service with a new
employer, the new employer shall be liable jointly and
severally with the
employee for any prejudice caused to the former employer if he has induced the
employee to leave his former employment
or if he has engaged or continued to
employ an employee whom he knew to be already bound by a
contract.
DUTY
OF EMPLOYER TO NOTIFY COMMISSIONER OF CERTAIN
REDUNDANCIES
67.
(1) Any employer proposing to dismiss as redundant ten or more at 1
establishment within a period of 30 days or less shall notify
the Commissioner
in writing of his proposal at least 30 days before the first of those dismissals
is proposed to take
place.
(2)
At any time after being notified under subsection (1) the Commissioner may by
written notice, require the employer to give him
such further information as may
be specified in that
notice.
(3)
If in any case there are any special circumstances rendering it not reasonably
practicable to comply with the requirements of
this section, the employer shall
take such steps towards compliance with such requirements as are reasonably
practicable in those
circumstances.
WORKS
STORES
68.
(1) Subject to the written approval of a labour officer an employer may
establish at or near a place of employment a store for the
sale of any
commodities to the employees, on the condition that-
(a) the employees concerned shall be free from any coercion to use such stores;
(b) the goods shall be sold mainly for the convenience of the employees and riot for securing profit to the employer;
(c) the accounts of the stores shall be kept separate from the accounts of other undertakings of the employer and shall be readily available for inspection by a labour officer;
(d) the prices charged shall be fair and reasonable, and shall be displayed in a clear and legible manner.
(2)
Where facilities are provided for the employees to purchase goods from a store
mentioned in subsection (1) on credit, the prices
charged to the employees must
not exceed-
(a) where the store is situated within the municipal boundaries of Port Vila or Luganville, the lowest price at which such goods are sold to members of the public;
(b) where the store is situated elsewhere, the full cost price of the goods to the employer taking into account the cost of transport and recognised overheads.
(3)
If an abuse in the manner in which a store is operated is found by a labour
officer he may, after giving a suitable warning notice
to the employer, order a
provisional closure of the store for a period not exceeding 1
month.
(4)
On a report by a labour officer of any such abuse the Commissioner may order the
permanent closure of any such
store.
CONTROL
OF PRICES IN CERTAIN
STORES
69.
When an employer sells or supplies goods to the public and where in the absence
of any other source of supply close to the place
of employment his employees are
obliged to provision themselves in his store the manner in which such sales or
supplies are made
shall be subject to inspection by a labour officer who shall
have the power to fix maximum prices charged to the employees based
on the
prices which prevail oil the open
market:
Provided
that if any such goods are subject to a statutory price control the labour
officer shall exercise his powers under this section
in consultation with the
appropriate price control
authority.
MINISTER'S
POWER TO PRESCRIBE HOUSING
STANDARDS
70.
(1) The Minister may by Order make rules specifying the standards, sanitary or
otherwise, with which any housing provided by an employer
for his employees must
comply.
(2)
Any such housing shall, at all reasonable times, be open to an inspection by the
Commissioner or any labour officer, and section
4 shall apply in relation to
such housing as it applies in relation to any premises referred to in that
section.
APPRENTICESHIP
71.
The Minister may make regulations in respect of-
(a) the technical and other qualifications required of employers in order that they may employ and train apprentices;
(b) the conditions governing the entry of young persons into apprenticeship;
(c) the mutual rights and obligations of employer and apprentice.
EMPLOYERS
MAY BE REQUIRED TO SUBMIT
RETURNS
72.
The Commissioner may, by written notice, require any employer to submit to him
within a period specified in the notice, a return
in a prescribed form
showing-
(a) the date of opening of his undertaking;
(b) the business of the undertaking; and
(c) the numbers of workers employed in the various trade categories of the undertaking at such date as shall be specified in the notice.
EMPLOYER'S
REGISTER
73.
Every employer who employs ten or more persons at any undertaking at any time
shall keep permanently up to date at each place of
work, a register, to be known
its the "Employer's Register", in such form as may be
prescribed.
STATISTICAL
RETURNS
74.
Without prejudice to the generality of the provisions of section 3 the
Commissioner may require any employer to furnish in writing
returns and
statistics, whether periodically or otherwise, as to the number of employees
employed by him in any particular employment
and the rates of remuneration and
other conditions affecting the terms or conditions of
employment.
EMPLOYERS
MAY MAKE
REGULATIONS
75.
(1) An employer may make regulations to provide for matters concerning the
technical organisation of the work of the undertaking,
discipline and
requirements concerning hygiene and safety necessary for the proper operation of
the
undertaking.
(2)
Any regulations mentioned in subsection (1) shall, before coming into operation,
be submitted for approval by a labour officer,
and, if approved by him, shall be
deemed to form a part of the contract of employment of all the employees to whom
they
relate.
(3)
Any regulations mentioned in subsection (1) shall be displayed at some
conspicuous place easily accessible to the
employees.
APPLICATION
OF THE ACT TO PUBLIC
SERVICE
76.
(1) Except as provided in subsection (3) the provisions of this Act shall apply
ill relation to public servants and to the Government
and any other public
authority in Vanuatu subject to the modifications set out in subsection
(2).
(2)
The modifications mentioned in subsection (1) are as follows-
(a) the references in this Act to the Minister shall be taken as references to the Minister responsible for matters relating to the public service;
(b) the functions of the Labour Advisory Board shall be exercised by the Public Service Commission;
(c) except in section 65, the powers and duties of the Commissioner of Labour shall vest in the Director of Public Service Department;
(d) the powers and duties of a labour officer shall vest in the Director of Public Service Department or an officer appointed by him for that purpose;
(e) sections 67, 72, 73 and 74 shall not apply.
(3)
Nothing contained in this Act shall apply in relation to members of the armed
forces, police force or prison
service.
MINISTER'S
POWER TO EXEMPT PERSONS ETC. FROM PROVISIONS OF THIS
ACT
77.
The Minister may by Order exempt any person or class of persons or any public
authority or class of public authorities or any contract
of employment or class
of such contracts from the operation of all or any of the provisions of this
Act:
Provided
that no exemption may be made from the provisions of section
7.
OFFENCES
78.
(1) Except as provided in subsection (2) any person who contravenes or fails to
comply with any provisions of this Act or with any
order or direction made by
the Commissioner or a labour officer acting in the exercise of his functions
under this Act shall be guilty
of an
offence.
(2)
Any person who-
(a) contravenes the provisions of section 7 which relates to forced or compulsory labour or section 16(3) which relat