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Employment Relations Promulgation 2007 - Wages (Security Services) Regulations 2015

[LEGAL NOTICE NO. 58]

EMPLOYMENT RELATIONS PROMULGATION 2007
(PROMULGATION NO. 36 OF 2007)

Wages (Security Services) Regulations 2015

IN exercise of the powers conferred upon me by section 264(1)(w) of the Employment Relations Promulgation 2007, and following the advice of the Employment Relations Advisory Board, I hereby make these Regulations—

Short title and commencement

1.—(1) These Regulations may be cited as the Wages (Security Services) Regulations 2015.

(2) These Regulations shall come into force on 1st July, 2015.

Application

2. These Regulations shall apply to all workers whose minimum rate of remuneration without taking into consideration any allowance, bonus, overtime payment or additional benefit whatsoever, whether in money or otherwise, does not exceed $250.00 per week and who are employed in any undertaking or any part of an undertaking engaged in security services in respect of which a licence under the Business Licensing Act (Cap. 204) is in force or is required by law for such undertaking and their employers.

Interpretation

3. In these Regulations, unless the context otherwise requires,—

"casual worker" means a worker whose terms of engagement provide for the worker's payment at the end of each day's work and who is not re-engaged within the 24 hour period immediately following the payment;

"LMCCC" means the Labour Management, Consultation and Cooperation Committee;

"overtime" means work performed in excess of the normal hours on a normal working day and all work performed on days other than a normal working day;

"Promulgation" means the Employment Relations Promulgation 2007;

"public holiday" means any of the days specified in section 64 of the Promulgation or any day appointed by notification in the Gazette under section 66 of the Promulgation;

"week" means a period of 7 consecutive days; and

"worker" means a worker to whom these Regulations apply.

Rates of remuneration

4.—(1) The minimum hourly rates of remuneration to be paid to a worker whether paid hourly, daily, weekly or for any period is $2.51.

(2) The minimum hourly rate of remuneration to be paid to a casual worker is $3.14.

Hours of work

5. The normal hours of work shall be 9 hours per day for a 5 day week, or 8 hours per day for a 6 day week.

Public holidays

6.—(1) Subject to sub-regulation (2), every worker other than a casual worker must be paid in respect of each public holiday for the number of hours (exclusive of overtime), the worker would normally have worked on that day had it not been a public holiday.

(2) This regulation does not apply to a worker unless the worker—

(a) worked for the employer throughout the last working day preceding the public holiday; and

(b) presented himself or herself for work on the first working day after the public holiday.

(3) Sub-regulation (2)(a) and (b) shall be deemed to have been complied with where the worker is—

(a) excused from presenting himself or herself for work by the employer;

(b) prevented from presenting himself or herself for work by illness or injury verified by a medical certificate; or

(c) prevented from presenting himself or herself for work by any other cause acceptable to the employer.

Overtime

7.—(1) Overtime remuneration shall be paid to a worker as follows—

(a) for all workers rostered on 9 hourly shifts for all time worked in excess of 9 hours on any working day;

(b) for all workers rostered on 8 hourly shifts for all time worked in excess of 8 hours on any working day;

(c) for all time worked on a public holiday.

(2) The remuneration payable under sub-regulation (1) shall, in the case of public holidays, be in addition to that payable under regulation 6.

(3) The rate of remuneration payable under sub-regulation (1) shall be—

(a) in respect of overtime worked on a day other than a public holiday—

(i) one and a half times the worker's normal hourly rate of remuneration for the first 4 hours: and

(ii) twice the worker's normal hourly rate thereafter; and

(b) in respect of overtime worked on a public holiday, twice the worker's normal hourly rate of remuneration.

Sick leave

8.—(1) Where a worker who has completed more than 3 months continuous service with the same employer and who is incapable of work because of sickness or injury, the worker is entitled to paid sick leave of not less than 10 working days during each year of service.

(2) Sick leave entitlement must not be accumulated and unused sick leave for each year automatically lapses in the next year.

(3) For a worker to be entitled to sick leave, the worker must—

(a) as soon as reasonably practicable, notify the employer of his or her absence and the reason for it; and

(b) produce, if requested by the employer, a written certificate signed by a registered medical practitioner, certifying the worker's incapacity for work.

Meal allowance

9. Every worker who is required to work overtime in excess of 2 hours on any normal working day or shift is entitled to a substantial decent hot meal or a meal allowance of $6.00 in lieu of a meal.

Bereavement leave

10. A worker who has completed more than 3 months continuous service with the same employer is entitled to 3 days paid bereavement leave in a year, in addition to any other leave entitlement.

Transport

11. Transport shall be provided between 10.00 pm and 6.00 am, where public transport is not available and such transport shall be provided by the employer.

Occupational Health and Safety compliance

12.—(1) The employer has a duty of care responsibility under section 9 of the Health and Safety at Work Act 1996 to ensure, as far as possible, the worker's health, safety and welfare while at work.

(2) The Health and Safety at Work (General Workplace Conditions) Regulations 2003 specifies the conditions which must be followed by all employers in any workplace to ensure that the workers are protected according to the requirements of the Health and Safety at Work Act 1996 where some of these requirements in these Regulations include the provisions of personal protective equipment, which must be provided by the employer without any cost to the employees.

Grievance procedure

13. In the case of any employment grievance in a workplace, the parties shall resort to the grievance procedure in the employment contract or in the absence of such contract, shall use the procedure stipulated in Schedule 4 of the Promulgation.

Labour Management, Consultation and Cooperation Committee

14.—(1) All employers with more than 20 workers are required by section 9(1)(d) and (3) of the Promulgation to have a Labour Management, Consultation and Cooperation Committee to assist them to review and develop work practices in order to promote good faith employment relations and increase productivity.

(2) All employers must complete LMCCC forms as a general obligation to ensure the attainment of quality control.

Sexual harassment

15. All employers are required to develop and maintain a policy to prevent sexual harassment in the workplace.

Notices

16.—(1) An employer must display a written notice in the workplace for the purpose of informing the workers of any wages regulations affecting them.

(2) An employer that fails to comply with sub-regulation (1) commits an offence and shall be liable to a fixed penalty of $100.

(3) If the employer fails to pay the fixed penalty within the specified period of time, the offender is liable on conviction—

(a) for an individual, to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 2 years or both; or

(b) for a body corporate, to a fine not exceeding $50,000.

Revocation

17. The Wages Regulation (Security Services) Order 2012 is hereby revoked.

Made this 23rd day of June 2015.

J. K. KONROTE
Minister for Employment,
Productivity and Industrial Relations

____________

[LEGAL NOTICE NO. 59]

EMPLOYMENT RELATIONS PROMULGATION 2007
(PROMULGATION NO. 36 OF 2007)

Wages (Wholesale and Retail Trades) Regulations 2015

IN exercise of the powers conferred upon me by section 264(1)(w) of the Employment Relations Promulgation 2007, and following the advice of the Employment Relations Advisory Board, I hereby make these Regulations—

Short title and commencement

1.—(1) These Regulations may be cited as the Wages (Wholesale and Retail Trades) Regulations 2015.

(2) These Regulations shall come into force on 1st July, 2015.

Application

2. These Regulations shall apply to such workers whose minimum rate of remuneration, without taking into consideration any allowance, bonus, overtime payment or additional benefit whatsoever, whether in money or otherwise, does not exceed $250.00 per week and who are employed in Fiji in any undertaking, any part of the business of which is wholesale trade or retail trade or wholesale and retail trade as come into any of the following categories, and their employers—

(a) workers employed in or about a shop on operations carried on for the purpose of selling goods or the preparation of goods for sale;

3. In these Regulations, unless the context otherwise requires,—

"cashier" means a worker who is engaged wholly or mainly in receiving cash for sales affected in his or her employer's trade;

"casual worker" means a worker whose terms of engagement provide for the worker's payment at the end of each day's work and who is not re-engaged within the 24 hour period immediately following the payment;

"clerk" means a worker who is employed wholly or mainly in performing one or more of the following classes of work; sorting of incoming mails, preparation of out-going correspondences, filing correspondences or other documents, receiving or interviewing callers, arranging appointments, attendance of telephones and the receiving and recording of messages by telephone, making entries in books showing receipts to, or payment from petty cash, shorthand writing, typing of correspondence, book keeping, operating of machine equipment for accounting, calculating, addressing, franking, copying and reproducing documents and drawings, preparing stencil, duplication or composing of office correspondences;

"driver" means a worker who is employed wholly or mainly in driving a mechanically propelled vehicle for the transport of goods in connection with their sale, warehousing or sorting;

"fork-lift operator" means a worker who is employed wholly or mainly in operating a power driven fork-lift for any purpose connected with the business of his or her employer;

"LMCCC" means the Labour Management Consultation and Cooperation Committee;

"other worker" means a worker engaged to perform tasks not described in the Schedule, but a worker who possesses necessary skills for carrying out work associated with the wholesale and retail trades;

"overtime" means work performed in excess of the normal hours on a normal working day and all work performed on days other than a normal working day;

"packer" means a worker who is employed wholly or mainly in packing goods;

"Promulgation" means the Employment Relations Promulgation 2007;

"public holiday" means any of the days specified in section 64 of the Promulgation or any day appointed by notification into the Gazette under section 66 of the Promulgation;

"salesman" means a worker who is wholly or mainly engaged in selling, canvassing or otherwise soliciting for sales either in a store or outside from place to place;

"sewing machinist" means a worker who is employed wholly or mainly in operating a sewing machine for any purpose connected with the business of his or her employer;

"shop assistant" means a worker who is employed wholly or mainly in a shop serving customers and performing duties incidental thereto;

"storeman" means a worker who is employed wholly or mainly in a store in checking stock in or out, issuing stock, or caring for stock;

"unskilled worker" means a worker who is employed wholly or mainly on any of the following duties that is, the opening, closing, sweeping and cleaning of premises and the lifting, carrying and opening of goods, or on manual work of a similar nature, or on any duty not otherwise specified in these Regulations in any establishment to which the provisions of the Wages Regulation (Wholesale and Retail Trades) Order 2012 applies;

"watchman" means a worker who is employed wholly or mainly on the watching or guarding of premises or stock;

"week" means a period of 7 consecutive days;

"week day" means any day of the week other than a Sunday or public holiday; and

"worker" means a worker to whom these Regulations apply.

Rates of remuneration

4.—(1) The minimum hourly rates of remuneration to be paid to the classes of workers specified in the first column of the Schedule, whether such workers are to be paid hourly, daily, weekly or for any other periods, shall be those contained in the second column of the Schedule.

(2) The minimum rates of remuneration to be paid to casual workers of the classes specified in the first column of the Schedule shall be twenty-five percent more than the minimum rates specified in the second column of the Schedule.

Public holidays

5. Every worker shall be paid in respect of each public holiday for the number of hours worked (exclusive of overtime) which he or she would normally have worked on that day had it not been a public holiday, provided that this regulation does not apply to any worker unless—

(a) the worker worked for the employer throughout the last working day preceding the public holiday; and

(b) the worker presents himself or herself for employment on the first working day after such public holiday,

and provided further that paragraphs (a) and (b) shall be deemed to have been complied with where the worker is excused from presenting himself or herself for employment by his or her employer or is prevented from presenting himself or herself for employment by illness or injury covered by a medical certificate or is prevented from presenting himself or herself for employment by any other reason which the employer considers satisfactory.

Hours of work

6.—(1) Subject to sub-regulations (2) and (3), an employment contract must fix at not more than 45 or 48 the maximum number of hours (exclusive of overtime) to be worked in a week by a worker bound by that contract.

(2) If the number of hours (exclusive of overtime) fixed by an employment contract to be worked by a worker in a week is 45 hours as prescribed by subsection (1), the parties must fix the daily working hours so that those hours are worked on not more than 5 days.

(3) If the maximum number of hours (exclusive of overtime) fixed by an employment contract to be worked by a worker in a week is 48 as prescribed by subsection (1), the parties must fix the daily working hours so that those hours are worked on not more than 6 days.

(4) The normal hours of work for a watchman shall be 8 hours a day for six days a week, and may be worked during any six days or any week beginning from midnight on Saturday to midnight on the succeeding Saturday.

(5) In each week a watchman is entitled to one rest day hereinafter referred to as the "rostered day-off" which shall be determined by the employer and notified to the watchman no less than one week in advance of the week within which it falls.

Overtime

7.—(1) Overtime remuneration shall be paid to—

(a) every worker employed for five days or less per working week for all time worked in excess of 9 hours on any working day during such week;

(b) every worker employed on a six-day working week for all time worked in excess of 8 hours on any working day during such week, public holidays; and

(c) every watchman employed on a six-day week for all time worked in excess of 8 hours on any working day and for all time worked on the rostered day-off.

(2) The remuneration payable under the provisions of sub-regulation (1) shall in the case of paid public holidays be in addition to that payable under regulation 5.

(3) The rate of remuneration payable for overtime worked by workers in sub-regulation (1)(a) and (b) shall be—

(a) on weekdays, one and one-half times the worker's normal hourly rate of remuneration for the first two hours and thereafter at twice the worker's normal hourly rate of remuneration;

(b) on public holidays, twice the worker's normal hourly rate of remuneration.

(4) At least 4 hours overtime remuneration at the rate specified in sub-regulation (3)(b) shall be paid in respect of any overtime on public holidays, provided that in the case of emergency which could not have been controlled or foreseen, and which is not of a regular periodical nature, where no notice has been given by the employer on a day previous to the said emergency, at least 2 hours overtime remuneration shall be paid.

Sick leave

8.—(1) Where a worker who has completed more than 3 months continuous service with the same employer and who is incapable of work because of sickness or injury, the worker is entitled to be paid sick leave of not less than 10 working days during each year of service.

(2) Sick leave entitlements must not be accumulated and unused sick leave for each year automatically lapses.

(3) For a worker to be entitled to sick leave, the worker must—

(a) as soon as reasonably practicable notify the employer of his or her absence and the reason for it; and

(b) produce, if requested by the employer, a written certificate signed by a registered medical practitioner, certifying the worker's incapacity for work.

Meal allowance

9. Every worker who is required to work overtime in excess of 2 hours on any normal working day shall be entitled to a meal allowance of $6.00 or a decent hot meal.

Subsistence allowance

10. Every worker shall in respect of each night during the whole of which he or she is required by his or her employer to work in a location (or workplace) different from the worker's usual workplace or place of engagement for employment, be paid a subsistence allowance of not less than—

(a) $25.00 per day, if accommodation without meals, is provided by the employer; or

(b) $35.00 per day, if neither the accommodation nor meals, is provided by the employer,

provided in the event where a worker is supplied with accommodation and meals by his or her employer, he or she shall not be entitled to any allowance.

Bereavement leave

11. A worker who has completed more than 3 months continuous service with the same employer is entitled to 3 days paid bereavement leave in a year, in addition to any other leave entitlement.

Occupational Health and Safety compliance

12.—(1) The employer has a "duty of care" responsibility under section 9 of the Health and Safety at Work Act 1996 to ensure, as far as possible the workers' health, safety and welfare while at work.

(2) The Health and Safety at Work (General Workplace Conditions) Regulations 2003 specifies the conditions which must be followed by all employers in any workplace to ensure that the workers are protected according to the requirements of the Health and Safety at Work Act 1996 where some of these requirements in these Regulations include the provisions of personal protective equipment, which must be provided by the employer without any cost to the employees.

Grievance procedure

13. In the case of a grievance in the workplace, the parties shall resort to grievance procedure in the employment contract or in the absence of such contract, shall use the procedure stipulated in Schedule 4 of the Promulgation.

Labour Management, Consultation and Cooperation Committee

14.—(1) All employers with more than 20 workers are required by section 9(1)(d) and (3) of the Promulgation to have a Labour Management Consultation and Cooperation Committee to assist them to review and develop work practices in order to promote good faith employment relations and increase productivity.

(2) Employers are to complete LMCCC record forms as a general obligation to ensure the attaining of quality control.

Sexual harassment

15. All employers are required to develop and maintain a policy to prevent sexual harassment in the workplace.

Notices

16.—(1) An employer shall display a written notice in the workplace for the purpose of informing the workers of any wages regulations affecting them.

(2) An employer that fails to comply with sub-regulation (1) commits an offence and shall be liable to a fixed penalty of $100.

(3) If the employer fails to pay the fixed penalty within the specified period of time, the offender shall be liable on conviction—

(a) for an individual, to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 2 years or both; or

(b) for a body corporate, to a fine not exceeding $50,000.

Revocation

17. The Wages Regulation (Wholesale and Retail Trades) Order 2012 is hereby revoked.

Made this 23rd day of June 2015.

J. K. KONROTE
Minister for Employment,
Productivity and Industrial Relations

________________

SCHEDULE
(Regulation 4)

_________________

[LEGAL NOTICE NO. 60]

EMPLOYMENT RELATIONS PROMULGATION 2007
(PROMULGATION NO. 36 OF 2007)

Wages (Garment Industry) Regulations 2015

IN exercise of the powers conferred upon me by section 264(1)(w) of the Employment Relations Promulgation 2007, and following the advice of the Employment Relations Advisory Board, I hereby make these Regulations—

Short title and commencement

1.—(1) These Regulations may be cited as the Wages (Garment Industry) Regulations 2015.

(2) These Regulations shall come into force on 1st July, 2015.

Application

2. These Regulations shall apply to all workers whose minimum rate of remuneration, without taking into consideration any allowance, bonus, overtime payment or additional benefit whatsoever, whether in money or otherwise, does not exceed $250.00 per week and who are employed in any undertaking or any part of an undertaking engaged in the garment manufacturing process in respect of which a licence under the Business Licensing Act (Cap. 204) is in force or is required by law for such undertaking and their employers.

Interpretation

3. In these Regulations, unless the context otherwise requires,—

"casual worker" means a worker whose terms of engagement provide for the worker's payment at the end of each day's work and who is not re-engaged within a 24 hour period immediately following the payment;

"industry" means the garment industry;

"learner" means a worker who has worked in the industry for less than 5 months;

"LMCCC" means the Labour Management, Consultation and Cooperation Committee;

"overtime" means work performed in excess of the normal hours on a normal working day and all work performed on days other than a normal working day;

"Promulgation" means the Employment Relations Promulgation 2007;

"public holiday" means any of the days specified in section 64 of the Promulgation or any day appointed by notification in the Gazette under section 66 of the Promulgation;

"week" means a period of 7 consecutive days; and

"worker" means a worker to whom these Regulations apply.

Rates of remuneration

4.—(1) The minimum hourly rates of remuneration to be paid to a worker, whether paid hourly, daily, weekly or for any other period shall be—

(a) in the case of a learner – $2.00;

(b) in the case of any other worker – $2.24.

(2) The minimum hourly rate of remuneration to be paid to casual workers of the classes specified in this regulation is 25% more than the minimum rates specified.

Working week

5. The normal working week shall consist of no more than 45 hours spread over 5 days in any one week.

Public holiday

6. Every worker shall be paid in respect of each public holiday for the number of hours of work, exclusive of overtime, which he or she would normally have worked on that day had it not been a public holiday, provided that this regulation does not apply to any worker unless—

(a) he or she worked for the employer throughout the last working day preceding the public holiday; and

(b) he or she presents himself or herself for employment on the first working day after such public holiday,

and provided further that paragraphs (a) and (b) shall be deemed to have been complied with where the worker is excused from presenting himself or herself for employment by his or her employer, or is prevented from presenting himself or herself for employment by illness or injury verified by a medical certificate or is prevented from presenting himself or herself for employment by any other reason which the employer considers satisfactory.

Overtime

7.—(1) Overtime remuneration payable under this regulation for a public holiday is in addition to that payable under regulation 6.

(2) The rate of remuneration payable for overtime worked is—

(a) on any working day or a Saturday – one and a half times the worker's normal hourly rate of remuneration for the first 4 hours, and thereafter twice the worker's normal hourly rate of remuneration;

(b) on public holidays and Sundays – twice the worker's normal hourly rate of remuneration.

(3) The minimum overtime payable under this regulation is 1 hour for week days and 2 hours for Saturdays.

(4) Aminimumof4hoursovertimeremunerationattherates specified insub-regulation (2) is to be paid in respect of any overtime worked on a public holiday or a Sunday.

Annual holiday

8. No deduction is to be made from a worker's remuneration in respect of annual holiday taken by a worker under section 58 of the Promulgation.

Sick leave

9.—(1) Where a worker who has completed more than 3 months continuous service with the same employer and who is incapable of work because of sickness or injury, the worker is entitled to paid sick leave of not less than 10 working days during each year of service.

(2) Sick leave entitlement must not be accumulated and unused sick leave for each year automatically lapses in the next year.

(3) For a worker to be entitled to sick leave, the worker must—

(a) as soon as reasonably practicable, notify the employer of his or her absence and the reason for it; and

(b) produce, if requested by the employer, a written certificate signed by a registered medical practitioner, certifying the worker's incapacity for work.

Meal allowance

10. Every worker who is required to work overtime in excess of 3 hours on any normal working day is entitled to a substantial decent hot meal or meal allowance of $6.00 in lieu of a meal.

Bereavement leave

11. A worker who has completed more than 3 months continuous service with the same employer is entitled to 3 days paid bereavement leave in a year, in addition to any other leave entitlement.

Occupational Health and Safety compliance

12.—(1) The employer has a duty of care responsibility under section 9 of the Health and Safety at Work Act 1996 to ensure, as far as possible, the workers' health, safety and welfare while at work.

(2) The Health and Safety at Work (General Workplace Conditions) Regulations 2003 specifies the conditions which must be followed by all employers in any workplace to ensure that the workers are protected according to the requirements of the Health and Safety at Work Act 1996 where some of these requirements in these Regulations include the provisions of personal protective equipment, which must be provided by the employer without any cost to the employees.

Grievance procedure

13. In the case of any employment grievance in a workplace, the parties shall resort to the grievance procedure in the employment contract or in the absence of such contract, shall use the procedure stipulated in Schedule 4 of the Promulgation.

Labour Management, Consultation and Cooperation Committee

14.—(1) All employers with more than 20 workers are required by section 9(1)(d) and (3) of the Promulgation to have a Labour Management, Consultation and Cooperation Committee to assist them to review and develop work practices in order to promote good faith employment relations and increase productivity.

(2) All employers must complete LMCCC record forms as a general obligation to ensure the attainment of quality control.

Sexual harassment

15. All employers must develop and maintain a policy to prevent sexual harassment in the workplace.

Notices

16.—(1) An employer must display a written notice in the workplace for the purpose of informing the workers of any wages regulations affecting them.

(2) An employer that fails to comply with sub-regulation (1) commits an offence and shall be liable to a fixed penalty of $100.

(3) If the employer fails to pay the fixed penalty within the specified period of time, the offender shall be liable on conviction—

(a) for an individual, to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 2 years or both;

(b) for a body corporate, to a fine not exceeding $50,000.

Revocation

17. The Wages Regulation (Garment Industry) Order 2012 is hereby revoked.

Made this 23rd day of June 2015.

J. K. KONROTE
Minister for Employment,
Productivity and Industrial Relations

___________

[LEGAL NOTICE NO. 61]
EMPLOYMENT RELATIONS PROMULGATION 2007 (PROMULGATION NO. 36 OF 2007)

Wages (Road Transport) Regulations 2015
IN exercise of the powers conferred upon me by section 264(1)(w) of the Employment Relations Promulgation 2007, and following the advice of the Employment Relations Advisory Board, I hereby make these Regulations—

Short title and commencement

1.—(1) These Regulations may be cited as the Wages (Road Transport) Regulations 2015.

(2) These Regulations shall come into force on 1st July, 2015.

Application

2. These Regulations shall apply to all workers whose minimum rate of remuneration, without taking into consideration any allowance, bonus, overtime payment or additional benefit whatsoever, whether in money or otherwise, does not exceed $250.00 per week and who are employed—

(a) in any undertaking; or

(b) if the undertaking consists of several parts, in any part of the undertaking, where the business of such undertaking or such part is, wholly or mainly, the carriage, for hire or reward, of passengers and goods, or either of them, by any motor vehicle required to be licensed as a public service vehicle or a goods vehicle under the Land Transport Act 1998; and to the employers of such workers.

Interpretation

3. In these Regulations, unless the context otherwise requires,—

"casual worker" means a worker whose terms of engagement provide for the worker's payment at the end of each day's work and who is not re-engaged within the 24 hour period immediately following the payment;

"clerk" means a worker who is employed wholly or mainly in performing one or more of the following classes of work; sorting of incoming mail, preparation of out-going correspondence, filing correspondence or other documents, receiving or interviewing callers, arranging appointments, the attendance of telephones and the receiving and recording of messages by telephone, making entries in books showing receipts to, or payment from petty cash, shorthand writing, typing of correspondence, book keeping, operating of machine equipment for accounting, calculating, addressing, franking, copying and reproducing documents and drawings, preparing stencil, duplication or composing of office correspondence;

"conductor" means a person employed by the holder of a public service vehicle license, to issue tickets and collect money on an omnibus;

"fork-lift driver" means a worker who is employed wholly or mainly in driving a forklift vehicle not exceeding 12 tons (13,440kg);

"garage serviceman" means a worker who is employed wholly or mainly in performing any task in connection with motor vehicles in one or more of the following classes of work; the changing of oil in an engine or transmission system, lubricating joints, tightening loose parts, making minor adjustments, mending tyres, checking and servicing batteries, water or tyre pressure, fitting and replacing parts and components such as gear boxes, drive shafts, suspension, springs, etc. and assisting the mechanics, or any other tasks related to the servicing of vehicles other than those carried out by a mechanic repairman;

"general worker" means a worker who performs tasks which require no particular skill or who is not otherwise defined in these Regulations;

"heavy articulated driver" means a worker who is employed wholly or mainly in driving an articulated vehicle not exceeding 20 tons (22,400kg) load capacity;

"heavy fork-lift driver" means a worker who is employed wholly or mainly in driving a fork-lift vehicle exceeding 12 tons (13,440kg);

"heavy goods vehicle driver" means a worker who is employed wholly or mainly in driving a mechanically propelled vehicle not exceeding 12 tons (13,440kg) load capacity;

"heavy mobile crane driver" means a worker who is employed wholly or mainly in driving a mobile crane with a lifting capacity exceeding 20 tons (22,400kg);

"heavy PSV driver" means a worker who is employed wholly or mainly in collecting of fares and driving passenger vehicle exceeding 60 cwt (3,360kg) load capacity;

"learner" means a worker who has worked in the mechanical section of the industry for less than 3 years;

"light goods driver" means a worker who is employed wholly or mainly in driving a mechanically propelled vehicle not exceeding 60 cwt (3,360kg) or less unladen in weight;

"light PSV driver" means a worker who is employed wholly or mainly in driving a passenger vehicle of 60cwt (3,360kg) load capacity;

"mechanic repairman" means a worker other than a garage serviceman who is employed wholly or mainly in the maintenance and repair of vehicles or performing one or more of the following classes of work: examining defective vehicles to ascertain the nature or location of defects, dismantling and or replacing damaged parts, grinding valves, relining brakes, rebushing steering mechanism, testing vehicles for road worthiness;

"mobile crane driver" means a worker who is employed wholly or mainly in driving a mobile crane with a lifting capacity not exceeding 20 tons (22,400kg);

"night" means the interval between six o'clock in the evening of any day and six o'clock in the morning of the following day;

"overtime" means work performed in excess of the normal hours on a normal working day and all work performed on days other than a normal working day;

"provisional period of work" means a worker employed by an employer in a provisional period of service for a period of one month before his or her appointment is confirmed;

"Promulgation" means the Employment Relations Promulgation 2007;

"public holiday" means any of the days specified in section 64 of the Promulgation or any day appointed by notification under section 66 of that Promulgation;

"rostered day off" means the day of each week on which a worker is entitled under the terms of the contract to be absent from duty;

"ticket checker" means a worker who is employed wholly or mainly in checking tickets issued to passengers of public service vehicles;

"tourist transport operator" means any person or company wholly or mainly engaged in the transportation of tourists;

"vehicle" has the same meaning given to it by the Land Transport Act 1998;

"very heavy articulated driver" means a worker who is employed wholly or mainly in driving an articulated vehicle exceeding 20 tons (22,400kg) load capacity;

"very heavy goods vehicle driver" means a worker who is employed wholly or mainly in driving a mechanically propelled vehicle exceeding 12 tons (13,440kg);

"watchman" means a worker who is wholly or mainly employed in the watching or guarding of premises or materials;

"week" means a period of 7 consecutive days; and

"worker" means a worker to whom these Regulations apply.

Rates of remuneration

4.—(1) The minimum hourly rate of remuneration to be paid to any class of worker specified in the first column of the Schedule, whether such workers are employed hourly, daily, weekly or for any period, shall be those contained in the second and third column of the Schedule.

(2) The minimum rates of remuneration to be paid to casual workers of the classes specified in the first column of the Schedule shall be twenty-five per cent more than the minimum rates specified in the second and third column of the Schedule.

(3) Drivers must be paid the rate applicable to the vehicle they are employed to drive even if they are qualified to drive other categories of vehicles.

(4) The minimum rate of remuneration to be paid to a casual worker of a class specified in the first column of the Schedule is 25% more than the minimum rates specified in the second or third column in the Schedule.

(5) A driver employed by a tourist transport operator must be paid 25% or more than the rate shown in the Schedule.

Hours of work

5. The normal hours of work are 8 hours a day for 6 days a week and must be worked during any 6 days of a week beginning from midnight on Sunday to midnight of the succeeding Sunday.

Split shift for public service vehicles

6.—(1) Public Bus Service drivers who have at least 2 hours break between successive shifts for the day may be required to work normal hours of work in split shifts, as follows—

(a) the normal hours of work must be worked in not more than 2 shifts;

(b) such shifts must (notwithstanding regulation 5) be worked between the hours of 5.00 am to 11.30 pm;

(c) if a lesser number of hours than 8 is actually worked during the day, the worker must be paid for minimum of 8 hours of work and, for the purpose of regulation 9, is regarded as having performed 8 hours of work; and

(d) the break between the shifts shall be a minimum of 2 hours.

(2) This regulation shall not apply to any other worker covered by this Regulation.

(3) For the purpose of this regulation a meal break not exceeding 1 hour does not constitute a break between shifts.

Public holidays

7. Every worker shall be paid in respect of each public holiday for the number of hours worked (exclusive of overtime) which he or she would normally have worked on that day had it not been a public holiday, provided that this regulation does not apply to any worker unless—

(a) he or she worked for the employer throughout the last working day preceding the public holiday; and

(b) he or she presents himself for employment on the first working day after such public holiday,

and provided further that sub-regulations (a) and (b) shall be deemed to have been complied with where the worker is excused from presenting himself or herself for employment by his or her employer, or is prevented from presenting himself or herself for employment by illness or injury covered by a medical certificate or is prevented from presenting himself or herself for employment by any other reason which the employer considers satisfactory.

Rostered day off

8.—(1) In each week a worker is entitled to one rest day (herein referred to as "the rostered-day-off") to be determined by the employer and notified to the worker at least 24 hours beforehand.

(2) If the rostered day-off falls on a paid public holiday, the worker must be granted an additional day off as a rostered day-off.

Overtime

9. Overtime remuneration must be paid to every worker as follows—

(a) for the first 4 hours worked in excess of 8 hours of each day other than a rostered-day-off or paid public holiday – at one and a half times the worker's normal hourly rate of remuneration and for all overtime worked thereafter on the day at twice the worker's normal hourly rate of remuneration;

(b) for all time worked on the worker's rostered-day-off, at twice the worker's normal hourly rate of remuneration;

(c) for all the time worked on a paid public holiday – at twice the worker's normal hourly rate of remuneration.

Subsistence allowance

10. Every worker must, in respect of each night during the whole of which he or she is required by the employer to be absent from the place where he or she was engaged for employment, be paid a subsistence allowance of not less than—

(a) $10.00 if quarters are provided by the employer; or

(b) $20.00 if the employer does not provide quarters.

Meal allowance

11. Every worker who is required to work overtime in excess of 2 hours on any normal working day is entitled to a decent hot meal or a meal allowance of $7.00 and any worker who is required to work on a rostered day off in excess of 6 hours on that day is entitled to a decent hot meal or a meal allowance of $7.00.

Annual holiday

12.—(1) Every worker must be given annual holidays in accordance with the provisions of section 58 of the Promulgation.

(2) No deduction is to be made from a worker's remuneration in respect of any annual holiday taken.

Sick leave

13.—(1) Where a worker who has completed more than 3 months continuous service with the same employer and who is incapable of work because of sickness or injury, the worker is entitled to paid sick leave of not less than 10 working days during each year of service.

(2) Sick leave entitlement must not be accumulated and unused sick leave for each year automatically lapses in the next year.

(3) For a worker to be entitled to sick leave, the worker must—

(a) as soon as reasonably practicable notify the employer of his or her absence and the reason for it; and

(b) produce, if requested by the employer, a written certificate signed by a registered medical practitioner, certifying the worker's incapacity for work.

Bereavement leave

14. A worker who has completed more than 3 months continuous service with the same employer is entitled to 3 days paid bereavement leave in a year, in addition to any other leave entitlement.

Occupational Health and Safety compliance

15.—(1) The employer has a "duty of care" responsibility under section 9 of the health and Safety at Work Act 1996 to ensure, as far as possible the workers' health, safety and welfare while at work.

(2) The Health and Safety at Work (General Workplace Conditions) Regulations 2003 specifies the conditions which must be followed by all employers in any workplace to ensure that the workers are protected according to the requirements of the Act where some of these requirements in these Regulations include the provisions of personal protective equipment, which must be provided by the employer without any cost to the employees.

Grievance procedure

16. In the case of a grievance in the workplace, the parties shall resort to grievance procedure in the employment contract or in the absence of such contract, shall use the procedure stipulated in Schedule 4 of the Promulgation.

Labour Management, Consultation and Cooperation Committee

17.—(1) All employers with more than 20 workers are required by section 9(1)(d) and (3) of the Promulgation to have a Labour Management, Consultation and Cooperation Committee to assist them to review and develop work practices in order to promote good faith employment relations and increase productivity.

(2) All Wages Regulations are to have a provision requiring employers to complete LMCCC forms as a general obligation to ensure the attaining of quality control.

Sexual harassment

18. All employers are required to develop and maintain a policy to prevent sexual harassment in the workplace.

Notices

19.—(1) An employer shall display a written notice in the workplace for the purpose of informing the workers of any wages regulations affecting them.

(2) An employer that fails to comply with sub-regulation (1) commits an offence and shall be liable to a fixed penalty of $100.

(3) If the employer fails to pay the fixed penalty within the specified period of time, the offender shall be liable on conviction—

(a) for an individual, to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 2 years or both; or

(b) for a body corporate, to a fine not exceeding $50,000.

Uniforms

20. Employers are encouraged to provide uniforms to their employees to improve the image of the industry.

Revocation

21. The Wages Regulation (Road Transport) Order 2012 is hereby revoked.

Made this 23rd day of June 2015.

J. K. KONROTE
Minister for Employment,
Productivity and Industrial Relations

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SCHEDULE
(Regulation 4)