The Fiji Employers Federation has raised significant concerns regarding proposed amendments to the Employment Relations Act 2007, arguing that the legislative changes have been expedited without sufficient consultation. In a recent submission to the Standing Committee on Economic Affairs, Sandeep Chauhan, a board member of the Federation, indicated that while the bill has been in progress for several years, it has encountered numerous management and technical challenges that have hindered effective dialogue.
Chauhan commended the Ministry of Employment, Productivity and Workplace Relations for their efforts but criticized the process for lacking good faith negotiations and proper public consultation. Despite public consultations beginning as early as January, he noted that only one meeting of the Employment Relations Advisory Board was conducted before finalizing the draft amendments. Chauhan emphasized that the purpose of public consultations was to allow input from the general public, rather than just from unions and employers who have already had their opportunities to contribute.
While he acknowledged improvements in certain areas of the draft, such as reductions in fines and clearer language, Chauhan also pointed out that critical issues remain unaddressed. He highlighted the need for the bill to modernize Fiji’s employment framework to reflect the realities faced by today’s workforce, particularly concerning the gig economy and outsourced industries that have emerged since the COVID-19 pandemic. He warned that the proposed amendments do not adequately address the growing issue of labor shortages, noting that there are no provisions to facilitate the recruitment of foreign labor, which is essential for maintaining business operations.
The responses from the Federation echo sentiments expressed by the Fiji Commerce and Employers Federation (FCEF) from prior discussions regarding the amendments. Members of the FCEF have criticized the handling of the legislative process as rushed and insufficiently transparent. Jon Apted, a legal counsel for the FCEF, has previously highlighted the urgency for a well-structured consultation process, advocating for more time for analysis and engagement with the amendments.
As the Standing Committee continues to receive stakeholder submissions, there remains hope that these discussions will lead to more balanced and effective labor laws that take into account the needs and challenges faced by both employers and employees. A more inclusive approach to the revision of the Employment Relations Act could contribute to a healthier economic landscape in Fiji and foster a supportive environment for business growth and job security.