Papua New Guinea has established labor laws and regulations to protect the rights and well-being of its workforce. These laws aim to ensure fair treatment, safe working conditions, and avenues for resolving workplace disputes. Understanding these rights and protections is crucial for both employers and employees operating within the country. The Employment Act 1978 serves as the primary legislation governing employment relationships, outlining the rights and responsibilities of both parties.
In Papua New Guinea, several key aspects of worker protection are enshrined in law. These include regulations around termination of employment, anti-discrimination measures, standards for working conditions, health and safety protocols, and mechanisms for resolving disputes. These provisions collectively aim to create a fair and equitable working environment for all.
Termination Rights and Procedures
The Employment Act 1978 outlines the procedures for terminating employment contracts in Papua New Guinea. Both employers and employees have the right to terminate an employment contract, but this must be done in accordance with the law.
- Termination by Employer: An employer can terminate an employment contract for valid reasons, such as misconduct, poor performance, or redundancy. However, the employer must provide the employee with written notice or payment in lieu of notice.
- Termination by Employee: An employee can terminate their employment contract by providing the employer with written notice.
- Unfair Dismissal: An employee can claim unfair dismissal if the termination was harsh, unjust, or unreasonable.
Notice Periods:
| Length of Service | Notice Period |
|---|---|
| Less than 1 year | 1 week |
| 1 year to less than 5 years | 2 weeks |
| 5 years or more | 4 weeks |
Anti-Discrimination Laws and Enforcement
Papua New Guinea's Constitution and various legislations prohibit discrimination in employment based on certain grounds. These laws aim to promote equality and prevent unfair treatment in the workplace.
- Protected Characteristics: Discrimination is prohibited based on characteristics such as race, ethnic origin, gender, religion, marital status, and disability.
- Equal Opportunity: Employers are required to provide equal opportunities in recruitment, training, promotion, and other employment-related activities.
- Enforcement: The Department of Labour and Industrial Relations is responsible for enforcing anti-discrimination laws and investigating complaints of discrimination.
Protected Classes:
| Category | Protected Status |
|---|---|
| Race | Yes |
| Ethnic Origin | Yes |
| Gender | Yes |
| Religion | Yes |
| Marital Status | Yes |
| Disability | Yes |
Working Conditions Standards and Regulations
The Employment Act 1978 sets out minimum standards for working conditions in Papua New Guinea. These standards cover various aspects of employment, including working hours, wages, leave entitlements, and rest periods.
- Working Hours: The standard working week is 44 hours. Overtime work is permitted but must be compensated at a higher rate.
- Minimum Wage: The minimum wage is set by the Minimum Wages Board and is subject to periodic review.
- Leave Entitlements: Employees are entitled to annual leave, sick leave, and other forms of leave, as prescribed by law.
- Rest Periods: Employees are entitled to adequate rest periods during the working day and week.
Key Workplace Standards:
| Standard | Regulation
