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Workers’ Probation Not Covered Under Employment Law

Workers’ Probation Not Covered Under Employment Law
Minister for Employment, Productivity and Industrial Relations Jone Usamate (front middle) with members of the community of Tikina Wainikeli and hotel owners of Qamea. Photo: DEPTFO News
August 27
11:49 2018

The Employment Relations Law does not cover the pro­bationary period of employ­ment.

This was highlighted by the Min­ister for Employment, Productivity and Industrial Relations Jone Usa­mate after receiving queries on the three months’ probationary period for workers from Qamea Hotel. It was during the public consultation in Naiviivi Village last Friday.

Mr Usamate added that workers must engage in employment for more than three months to qualify for other entitlements stipulated under the labour law.

“The first three months of employ­ment is a qualifier for a worker to receive other employment entitle­ments such as sick leave, three days bereavement leave, five days pater­nity and family care leave, which will be effective from January 1, 2019.

“The three months qualifying pe­riod is inclusive in any employment contract period and should not be distinctive,” Mr Usamate said.

“Additionally, the Act only covers two types of employment and these are casual and permanent employ­ment.

“The law does not cover probation­ary work, part-time work or tempo­rary work under the law,” Mr Usa­mate said.

He strongly emphasised that work­ers and employers must clearly understand this and seek clarifi­cations from the ministry if they are unsure about any employment terms and conditions.

The first public consultation was a success because the ministerial team received a lot of queries on the terms and conditions of em­ployment for Hotel and Catering in­dustries and also queries relating to other Government ministries and departments.

The consultation is part of Mr Usa­mate’s two-day consultations there.

Prior to the team’s first public con­sultation on the Garden Island, the Employment Ministry ministerial team and other government offi­cials presented their ‘isevusevu’ to the Tui Cakau, Ratu Naiqama Lala­balavu.

In receiving the ‘isevusevu’, Ratu Naiqama offered blessings of the vanua and acknowledged the team’s intention on the island and was very appreciative of Govern­ment’s commitment and dedication in bringing its services closer to the people of Cakaudrove.

“Cakaudrove opens its doors to all government services and I thank you for the assistance and sup­port rendered to our people,” Ratu Naiqama said.

Source: DEPTFO News

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