The archipelago of Fiji contains almost 300 islands in the Pacific, amongst which only 100 are inhabited. Most of its lands were created through volcanic activity about 150 million years ago. Fiji gained its independence from Great Britain in 1970 and has had a mixture of authoritarian and democratic rule since then. With a fairly developed economy, Fiji relies primarily on tourism and the sugar industry for its income. With a pleasant climate and minimal extremes in temperature, Fiji attracts a significant number of tourists with its white sand beaches and beautiful islands. The majority of their tourists come from Australia, New Zealand, the United States and China. Although the majority of its population is comprised of native Fijians, the second largest ethnic group is Indo-Fijians, descendants of laborers who were brought over from India by the British, although there continue to be tensions between the two ethnic groups. The three official languages are English, iTaukei (Fijian) and (Fiji) Hindi.
Where an employment contract does not specify its duration, it is presumed to be made for the same period as the employee’s wage payment cycle (daily, weekly, fortnightly, or monthly), and that presumed period must not exceed 1 month. Contracts that are made for a fixed period and expressly not renewable are considered indefinite-term contracts. Such contracts can be terminated by either party by giving notice.
Employment contracts can be concluded in writing or verbally in Fiji. Contracts made for a duration exceeding 1 month and those with foreign employees must be made in writing. Any foreign contract of service shall be submitted by the employer to the Permanent Secretary for attestation before it is signed by the employee.
A written contract must be signed by the parties and must contain the names, address, type of work, hours of work, wages, leaves and other entitlements, disciplinary procedures, and duration of contract.
It is prohibited and constitutes an offense where a contract of service specifies that a medical examination is required in the course of an individual's employment, for the medical examination to comprise HIV/AIDS screening, or screening for sexually transmitted diseases or pregnancy.
In Fiji, employers can use employment agencies to hire temporary employees. Employers (users) must inform the agency of their terms and conditions of the job offered and conclude a written agreement with the temporary employee. Such employees are paid by the agency from which they are hired. The agency must ensure that they are not paid less than the employer's regular employees for similar work. All agencies must maintain records showing the names, addresses, identity card numbers, qualifications, and job experiences of applicants. Records must be retained for at least 6 years.
It is prohibited to hire temporary employees to replace striking employees.
The Employment Relations Act of Fiji does not cover probationary period. It can be determined in an individual employment contract.
The standard hours of work must not exceed 48 hours per week for those working 6 days a week or 45 hours per week for those working 5 days a week. This condition does not apply to employees in managerial or executive positions.
Children under 18 cannot be employed for more than 8 hours in a day and be given at least 30 minutes paid rest for every continuous 4 hours worked. They cannot be employed during school hours.
All employees are entitled to paid annual leave of 10 days after a year of employment. Wages for annual leave must be paid in advance. Employees are not entitled to annual leave if they are absent for more than 20 days in a year, except where the absence is due to sickness certified by a medical practitioner.
Annual leave can be taken all at once or can be broken in 2 or more periods, 1 of which must be a continuous period of 1 week. Employees can also be paid in lieu of their annual leave with the consent of their employer. Annual leave can also be deferred and accumulated for a period of 4 years, provided that at least 1 week's leave is taken in each year.
Employees whose contract is terminated before utilizing their annual leave must be paid a sum of five-sixths of a day's wage for each completed month of the relevant period.
Employees who have worked for at least 3 months with the same employer are entitled to paid sick leave of at least 10 days in a year. To avail sick leave, employees must notify their employer as soon as reasonably possible and produce a written certificate signed by a registered medical practitioner, if requested by the employer.
Sick leave cannot be accumulated and unused sick leave for each year automatically lapses in the next year.
Female employees in Fiji are entitled to 98 consecutive days paid maternity leave. For first 3 births, the leave is paid at 100% of the employee's remuneration. For the fourth and subsequent births, the leave is paid at 50% of the remuneration.
Maternity leave can start at any time before or after delivery, provided the employee informs her employer of her leave dates and provides a medical certificate. Employees must be employed for at least 150 days during the 9 months before the birth of the child to be eligible for paid maternity leave.
After maternity leave, employees must be appointed to the same or equivalent position held earlier. No employee must be terminated from employment on the ground of pregnancy. If, after 3 months from the expiration of her maternity leave, a woman remains absent from work, her employer can give her notice of termination.
Employees whose partner is on maternity leave are entitled to paid paternity leave of 5 days, provided that they are the primary caregiver of the child and submit a certificate from a medical practitioner stating the expected date of birth of the child. The leave is fully paid for the first 3 births and is paid at 50% for the fourth and subsequent births.
Paternity leave can only be taken 3 months before or after birth. Employees must have completed more than 3 months with the same employer to be eligible for paid paternity leave.
Employers in Fiji are required to give notice to terminate an employee in writing, in the absence of a specific agreement, as follows:
If the contract period is less than 1 week – no notice is required
If the contract period is 1 week or more but less than 2 weeks or where wages are paid weekly or at intervals of more than a week but less than a fortnight – 7 days notice is required
If the contract period is a fortnight or more but less than a month or where wages are paid fortnightly or at intervals of more than a fortnight but less than a month – 14 days notice is required
If the contract period is 1 month or wages are paid monthly – 1 month notice is required
Employees can be summarily dismissed for lawful reasons without notice.
Employers must give redundancy pay to employees in case of dismissals for economic, technological, or business-related reasons. Employees who have worked for more than 1 year are eligible for this payment. The amount of pay is 1 week's pay for each complete year of service with the employer. Employers can also pay more if they so wish.
