Concerns surrounding the proposed Employment Relations Bill of 2025 have intensified as business leaders express fears about the implications of its enforcement powers. Vinesh Dayal, president of the Labasa Chamber of Commerce, has voiced strong criticisms, suggesting that the bill fosters a culture of fear among business owners. He highlighted alarming provisions in the draft legislation that would permit labor officers to enter workplaces unannounced, seize documents, and immediately halt operations if they suspect any violations.
“This is not about keeping workers safe. This is about turning civil servants into enforcers,” Dayal stated. He argued that such authority feels more akin to the tactics seen on crime shows than being aimed at improving workplace safety. The legislation, he insists, could unjustly label small business owners—often family-run businesses, local cafes, and tradesmen—as criminals simply for trying to comply with labor laws.
Echoing these sentiments, the Fiji Hotel and Tourism Association (FHTA) has raised its own alarms regarding potential constitutional infringements and the prospect of power abuses by labor officers. Chief Executive Officer Fantasha Lockington expressed concerns about officials having unrestricted access to workplaces and the lack of necessary checks and balances connected to their powers. She noted that labor officers without warrants could disrupt business operations, a scenario that could lead to significant legal uncertainty for employers.
Furthermore, the Fiji Commerce and Employers Federation (FCEF) has underscored the seriousness of these proposed changes, particularly Section 19A, which would enable labor officers to demand employment records without consent. These developments, coupled with the possibility of severe penalties—including fines of up to $500,000 and prison sentences extending to 20 years—have raised alarms about the potential chilling effects on micro, small, and medium enterprises in Fiji.
Dayal has called for the government to adopt less aggressive compliance strategies similar to those of the Fiji Revenue and Customs Service, which fosters a partnership approach with businesses rather than treating them with suspicion. He stressed the importance of respect and dialogue as essential elements in creating safer and fairer workplaces.
As the consultation process continues, there are voices urging the government to rethink its approach. Rather than enforcing a culture of fear, stakeholders are hopeful that constructive discussions can lead to a more balanced employment framework. With an emphasis on collaboration among employers, government officials, and labor representatives, there remains potential for reforms that protect workers’ rights while sustaining business viability and fostering economic growth in Fiji. This situation presents an opportunity for a legal framework that serves all parties involved, aiming for respect and fairness rather than intimidation.