Papua New Guinea

In Papua New Guinea, an employer may lawfully terminate an employment contract based on several grounds as per Section 36 of the Employment Act. These grounds include misconduct, negligence of duty, imprisonment, prolonged absence without lawful permission or a reasonable excuse, conviction of an offense relating to employment, and incapacity due to illness or injury.

Notice Requirements

The notice period for termination depends on the employee's length of service as per Section 34 of the Employment Act. For employees with less than four weeks of service, one day's notice is required. For those with four weeks to one year of service, one week's notice is needed. Employees with one to five years of service require two weeks' notice, and those with five years or more of service need four weeks' notice.

Severance Pay

While not legally required, severance pay is a common practice in Papua New Guinea. The Industrial Relations Act 2010 provides guidelines on minimum wages and redundancy (severance) payments, which may apply to certain categories of employees. Many individual employment contracts also contain provisions regarding severance pay, and some companies have their own policies in place for severance pay.

Important Considerations

Employers should always document the process of termination comprehensively. They must also follow fair procedures in carrying out a termination. If an employee believes their dismissal was unfair, they can challenge it through the Department of Labor and Industrial Relations.

Papua New Guinea has made significant progress in developing anti-discrimination safeguards, although the enforcement of these laws remains a challenge. The primary sources for anti-discrimination legislation include the Constitution of Papua New Guinea, the Discriminatory Practices Act 1963, the Employment Act 1978, and the HIV/AIDS Management and Prevention Act 2003.

Protected Characteristics

Anti-discrimination laws in Papua New Guinea protect against discrimination on the grounds of race, color, ethnic, tribal, or national origin, sex, marital status (in employment contexts), disability (limited protections), and HIV/AIDS status.

Redress Mechanisms

Individuals who experience discrimination have several potential avenues for seeking redress. These include the Ombudsman Commission, which is mandated to investigate complaints of discrimination and unfair treatment by government bodies. It's also possible to bring legal action against discriminatory practices before the courts. Alternatively, mediation or other forms of alternative dispute resolution might be suitable for resolving disputes arising from discrimination.

Employer Responsibilities

Employers in Papua New Guinea bear responsibilities to prevent and address discrimination within their workplaces. These include creating inclusive workspaces, providing regular discrimination awareness training to employees, establishing clear channels for reporting discrimination complaints, and ensuring their thorough and impartial investigation. Employers should also take decisive disciplinary action for any substantiated instances of discrimination.

Important Notes

Enforcement of anti-discrimination laws in Papua New Guinea can be inconsistent, highlighting the need for stronger implementation. Limited protections exist concerning discrimination based on sexual orientation and gender identity.

In Papua New Guinea, regulations have been established to outline the basic working conditions for employees. These regulations cover aspects such as work hours, rest periods, and ergonomic requirements.

Work Hours

The standard workweek in Papua New Guinea is 42 hours. Most employees work eight hours per day from Monday to Friday and two additional hours on Saturday morning, as per Section 27 of the Employment Act 1978.

Rest Periods

The Employment Act also mandates rest periods for employees. After working for five consecutive hours, there should be a break of at least one hour (Section 28). All employees are entitled to one full day of rest per week, typically on Sunday (Section 29).

Ergonomic Requirements

While specific ergonomic requirements are not explicitly outlined in a single act, Section 30 of the Employment Act emphasizes ensuring, "so far as is practicable, the safety, health and welfare of employees." This can be interpreted as an employer's responsibility to provide a reasonably safe work environment.

Additional Considerations

Employers can require reasonable overtime, with specific pay rates for work on Sundays, public holidays, and outside regular hours (Employment Act, Sections 31-33). While not mandated by law, some companies may offer flexible work arrangements depending on industry and company policies.

Enforcement of these regulations can vary. Consulting with the Department of Labor and Industrial Relations or a legal professional is recommended for obtaining the latest information and comprehensive guidance.

In Papua New Guinea, the well-being of workers is prioritized through a framework of health and safety regulations. These regulations are crucial for both employers and employees to understand.

Employer Obligations

The primary legislation governing workplace health and safety (WHS) in Papua New Guinea is the Industrial Safety, Health and Welfare Act (ISHWA) 1961. This act outlines employer obligations, including:

• Providing a Safe Work Environment: Employers must ensure, as far as practicable, the safety, health, and welfare of employees at work (ISHWA, Section 4). This includes providing and maintaining safe machinery, tools, and workplaces.
• Risk Assessments: Employers are responsible for conducting risk assessments to identify potential hazards and implementing control measures to minimize risks (ISHWA, Section 10).
• Safe Work Procedures: Developing and implementing safe work procedures for various tasks and ensuring employees are trained on them (ISHWA, Section 12).
• Personal Protective Equipment (PPE): Providing appropriate PPE to employees when necessary (ISHWA, Section 13).
• Accident Reporting and Investigation: Employers must report accidents and investigate them to prevent future occurrences (ISHWA, Sections 39-42).

Employee Rights

Employees also have rights under WHS regulations:

• Right to a Safe Work Environment: Employees have the right to work in a safe environment free from foreseeable risks (ISHWA, Section 4).
• Right to Information and Training: Employees have the right to be informed about workplace hazards and receive training on safe work practices (ISHWA, Sections 12 & 21).
• Right to Refuse Unsafe Work: Employees can refuse to perform work they believe is unsafe (ISHWA, Section 43).

Enforcement Agencies

The Department of Labor and Industrial Relations (DLIR) is the primary agency responsible for enforcing WHS regulations. DLIR inspectors have the authority to:

• Conduct workplace inspections to ensure compliance.
• Issue improvement notices if they identify safety hazards.
• Prosecute employers who violate WHS regulations.

WHS is a shared responsibility. Employers must prioritize creating a safe work environment, and employees must follow safe work practices and report any safety concerns.