Employment Relations Promulgation 2007 - Wages Regulation (Wholesale and Retail Trades) Order 2012

The Minister for Labour, Industrial Relations and Employment having made the Wages Regulation (Wholesale and Retail Trades) Order 2012 and pursuant to section 54 (5) of the Employment Relations Promulgation 2007 hereby publishes the said Order.

It is provided by section 56 (1) of the Employment Relations Promulgation 2007 as follows –

"An employer shall display a written notice in the workplace for the purpose of informing the workers of any proposed Wages Regulation Order or any Wages Regulation Order affecting them".

It is provided further by section 56 (2) of the Employment Relations Promulgation 2007 as follows-

The penalty for non-compliance is a fixed penalty of $100. In the event of non-payment of the fixed penalty, the offender is liable on conviction-

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

IN exercise of the powers conferred upon me by section 54 (5) of the Employment Relations Promulgation 2007, having received wages regulation proposals from the Wholesale and Retail Trades Wages Council, and the provisions of the said section having been otherwise complied with, I hereby make the following Order –

1. This Order may be cited as the Wages Regulation (Wholesale and Retail Trades) Order, 2012 and shall come into force on 31st October, 2012.

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

(b) workers employed in warehouses and stores in connection with warehousing or storing of goods which are to be sold;

(c) workers employed in transporting goods in connection with their sale, warehousing or storing;

"cashier" means a worker who is engaged wholly or mainly in receiving cash for sales affected in his 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;

"driver/trailer" means a worker who is employed wholly or mainly in driving a mechanically propelled vehicle with a trailer for the transport of goods or persons or for any other purpose connected with the business of his employer;

"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 employer;

"other worker" means a worker engaged to perform tasks not described in Schedule 1, but a worker who possesses necessary skills for carrying out work associated with the wholesale and retail trades;

"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/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 this Order in any establishment to which the provisions of the Wages Regulation (Wholesale and Retail Trades) Order 2011 applies;

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

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

(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 centum more than the minimum rates specified in the second column of Schedule 1.

5. Every worker shall be paid in respect of each public holiday for the number of hours worked (exclusive of overtime) which he/she would normally have worked on that day had it not been a public holiday.

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

6. – (1) Subject to paragraphs (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 eight 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 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.

(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-paragraph (1) shall in the case of paid public holidays be in addition to that payable under paragraph 5.

(3) The rate of remuneration payable for overtime worked by workers in sub-paragraphs (1)

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

(4) At least four hours overtime pay at the rate specified in sub-paragraph 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 two hours overtime pay shall be paid.

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.

(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.

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

10. Every worker shall in respect of each night during the whole of which he is required by his 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 employer, he/she shall not be entitled to any allowance.

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.

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 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.

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.

14. –(1) All employers with more than 20 workers are required by sections 9(1) (d) and 9(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 forms as a general obligation to ensure the attaining of quality control.

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

16. The Wages Regulation (Wholesale and Retail Trades) Order, 2011 is hereby revoked.

.........................................
JONE USAMATE
Minister for Labour,
Industrial Relations and Employment

Class of Workers [First Column]	Minimum Hourly Remuneration No age discrimination [Second Column]
Cashier	$2.97
Clerk	$2.97
Driver L/Goods & Group 2	$2.97
Driver H/Goods	$3.44
Fork Lift Operator	$3.15
Packer	$2.85
Salesman	$2.97
Sewing Machinist	$2.97
Shop Assistant	$2.97
Storeman	$2.97
Unskilled Worker	$2.79
Watchman	$2.73
Other Worker	$2.97

Fiji Subsidiary Legislation

Employment Relations Promulgation 2007 - Wages Regulation (Wholesale and Retail Trades) Order 2012