LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
Commencement: 30 May 1983
CHAPTER 160
EMPLOYMENT
Act 1 of 1983
Act 20 of 1986
ARRANGEMENT 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
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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 he 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 relates to payment of
remuneration in intoxicating liquor or noxious drugs;
(b) obstructs the Commissioner or a labour officer in the exercise
of his functions under this Act;
(c) knowingly makes a statement false in any material particular
when required to make a statement under this Act;
(d) makes, or knowingly allows to be made, any entry in a record
required to be kept by an employer which he knows to be false or
misleading in a material particular,
shall be guilty of an offence.
Penalty: VT100, 000 or imprisonment for a term not exceeding 3 years
or both.
CONTINUING OFFENCES
79. Every act or default under this Act constituting an offence
shall constitute a new offence in every week during which it
continues.
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SUBSIDIARY LEGISLATION
EMPLOYMENT (EMPLOYER'S REGISTER) REGULATION
Order 42 of 1983
To provide for the particulars to be included in the official
Identity Document of Labour Officers.
The Labour Officers' Identity Document shall contain the following
particulars-
(1) Name of the officer
(2) Photograph of the officer
(3) Signature of the officer
(4) Signature of the Minister responsible for Labour Affairs
(5) Date of issue
(6) Official stamp of the appropriate Ministry.
_______
SUBSIDIARY LEGISLATION
EMPLOYMENT (EMPLOYER'S REGISTER) REGULATION
Order 42 of 1983
To provide for particulars to be included in the Employer's
Register.
The Employer's Register shall contain the following particulars of
each employee-
Column 1. Full name of employee
Column 2. Sex
Column 3. If under 18 years of age, date of birth
Column 4. Occupation or title
Column 5. Date of commencement of employment
Column 6. Basic wage or salary
Column 7. Any changes (and the effective dates) to 4 and, 6 above
Column 8. Date of termination of employment
Column 9. Reasons(s) for termination of employment
The Register may be kept in English, French or Bislama.
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SUBSIDIARY LEGISLATION
EMPLOYMENT (FIRST AID) REGULATIONS
Order 44 of 1983
To prescribe for the first aid facilities that an employer is
required to provide at the place of work.
The first aid facilities that an employer is required to provide at
the place of work shall consist of not less than the following at
all times-
An adequate supply of suitable bandages
1 tin of lint
1 packet of gauze
An adequate supply of cotton wool and/or swabs
Elastoplast (or similar)
1 bottle of iodine
1 bottle of S. V. M.
1 bottle of antiseptic-fluid
1 packet of Aspirin (or similar)
1 pair of scissors
Safety pins
2 "kidney" bowls
2. Where the number of employees (including eligible families)
exceed twenty, the quantity of such first aid items shall be doubled
and for each additional person thereafter the quantity of such items
shall be increased proportionately.
3. First aid items shall be kept under adequate supervision and be
readily available for use.
4. Nothing in these Regulations shall prevent the employer from
providing such other facilities that he may consider necessary in
the circumstances of the place of work.
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SUBSIDIARY LEGISLATION
EMPLOYMENT (FORM OF IDENTITY CARD) REGULATION
Order 62 of 1983
To prescribe the form of identity cards issued to labour officers
for the purposes of the Employment Act, Cap 160.
An identity document issued in accordance with section 5 of the
Employment Act, Cap. 160 shall, conform to the model laid down in
the Schedule.
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SCHEDULE
(a) Cover
National. Coat of Arms together with the words "Department of
Labour" "Identity Card" and "Inspection du Travail" "Carte
D'Identité";
and the words "Form: Lab/12"
(b) Inside the front cover of the identity card, provision shall be
made for a photograph of the holder of the identity card to be
included therein and in addition the following shall be printed-
(i) In the terms of Part II of Employment Act, Cap. 160,
"This is to cc that:
............................................................................
(Name)
(whose photograph, and signature is shown herein) has been appointed
Commissioner of Labour*/Deputy Commissioner of Labour*/Labour
Officer* for Vanuatu.
(*delete where appropriate)
(ii) En application des dispositions du titre 2 de la loi no 1 de
1983 sur le travail,
je, soussigné
............................................................................
certifie que,
.............................................................................
(Nom),
(dont la photographie et la signature figurent ci-aprè) a été nommé
Inspecteur Général du Travail/ Inspecteur Général Adjoint*/Inspecteur
du Travail*
(*delete where appropriate)
(c) Inside the back cover the following shall be printed-
Specimen
Signature ......................................................
Issued by the Minister of Home Affairs
on .................................................................
Signature ......................................................
Specimen
Signature du titulaire ....................................
Deliveree par le Minister de L'Interieur le
..................................................
Signature ........................................................
(d) On the back cover the following shall be printed-
Any member of the public who is approached by him in the pursuance
of his official duties, is requested to give whatever reasonable
assistance is requested.
Employers are hereby requested to give whatever reasonable
assistance is requested by the above officer, especially in regard
to non-citizens who have been refused work permit but continue in
the same or other employment or non-citizens engaged in any paid
employment without valid work permit(s).
(Failure in complying with the above provisions is an offence).
Le titulaire de la présente carte est habilité à requerir le
concours nécessaire à l'exercise de ses fonctions.
Les employeurs sont priés de lui prêter toute assistance requise,
notamment en ce qui concerne les non-citoyens auxquels un permis de
travail a été refusé mais qui ont été maintenus dans le même emploi
ou engagés dans un autre, ainsi que ceux qui occupent un emploi
rémunéré sans être titulaire d'un permis de travail.
(Le défaut d'assistance constitue une infraction).
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