Discussions continue on Tonga's Employment Relations Bill [1]
Wednesday, May 8, 2013 - 20:47. Updated on Monday, September 9, 2013 - 18:40.
Hon. Dr Viliami Latu
By Linny Folau
A draft Employment Relations Bill 2013 is being discussed in Nuku'alofa this week.
The draft Bill, which is open for public comment until Friday, May 10, is aimed to provide the legal framework for promotion of workplace employment relations, protecting the rights and welfare of employees while ensuring employers' rights and investments are protected.
The Minister for Commerce, Tourism and Labour Hon. Dr Viliami Latu in opening a two-day Employment Relations Bill and International Labour Organization Workshop this morning at Tungi Colonnade said that Government is convinced there are important provisions in the bill that need to be legislated to safeguard fundamental rights.
These included provisions around forced labour, freedom from discrimination, freedom of association, equal employment opportunities, employment of children, registration of trade unions, collective bargaining and protection of essential services.
"These provisions are of priority and importance to government as part of the political reform that is in place," he said.
The Minister said Government must not be forced to wait another five to 10 years because of isolated concerns with provisions that can be improved upon with this consultation, because without the due provisions in place it can allow certain rights to be oppressed not only for employees but equally importantly for the employers.
He said the Ministry had anticipated early objections to the bill to be more directed at the costs to employers of workers' rights in the workplace.
"This will be subject of contention and we are at this consultation, including the public comments, to move and resolve not only the financial implication to employers but also for the improved delivery and productivity of employees to businesses. The Ministry is approaching sections flexibly and openly, in particular parts 7, 9, 10 (payment and protection of wages, holidays and leave and hours of work)."
He said it was important for government to find a win-win resolve to these contentious areas and to avoid previous failed attempts to delay the bill's introduction and consideration.
"Government is committed to protecting and promoting investment of businesses to enable their continued growth. The public comments on the bill and this consultation provides the opportunity to deepen the understanding of the intent of the draft and enable a healthy stakeholders exchange of views," he said.
Business
The workshop attended by key private sector associations, workers associations and private business owners was briefed on the draft by Anne Boyd of the International Labour Organization (ILO) before comments were opened to participants.
Minolu Nishi Jr. a businessman and exporter said they supported the initiative by government for the bill, but he questioned whether it was going to be fair for everyone involved as there was a lot of work that needed to be done before they even talked about endorsing the bill formally in Cabinet.
Since the bill's version of 2006 he asked if there had been any groundwork or surveys for businesses and employees on the current state of their businesses and relationships. "Has there been a cost benefit analysis done on the impact of such a bill on the productivity and revenue for businesses?"
"This is not an overnight or one week thing that we consult and take forward. I think a lot of work needs to be done to talk to businesses and get the views from both sides and have a strategy to go forward with," he said.
Businesswoman Liz Sullivan said that Tonga does not have forced labour and the kids that are selling peanuts come from the parents.
She said the bill must go out to everyone who has a business whether formal or informal work. "What happens overseas does not work in Tonga….we have people to look after and businesses can't afford or do not have the luxury to ask for donor funds and my business struggles everyday like everyone else."
"We are at a very sad state of affairs. There is no money coming in, remittances have decreased so I ask that we work together to make this bill work for everyone," she said.
Alfred Cowley who runs Cowley & Sons Bakery said this bill was heavily one-sided towards the employees.
He said employers in the private sector were trying to run a business and with the state of Tonga at the moment this would cripple a lot of businesses if the bill is passed.
"I am not attacking anyone here but for private businesses if anything goes wrong we struggle for finance, we can't get donations, we just go bankrupt. What you are doing is great but let's agree to find the right path and get the right way, a way we all agree on," he said.
Forward
Mele 'Amanaki of the Tonga Public Service Association, an employees organization, supported the bill to move forward and implored employers to work together and move forward with the changes in Tonga.
Kamipeli Tofa of the Friendly Islands Seafarers Union welcomed the bill as a step in the right direction.
"The bill would deal with employees and employers disputes because it is not easy under the present circumstances as there are no laws to help us resolve the problem," he said. "There might be some minor clauses to be adjusted to consider costs but in whole this bill is a good step in the right direction. Those who do not support this bill there is always parliament as it is a long process," he said.
Leopolo Taunisila, Tonga's agent for the Pacific Regional Rights Resource Team, said in relation to employment relations for years many average poor workers in Tonga work in horrible conditions for extremely little pay. Unfortunately the workers were not present to give their opinions.
Discussion continues tomorrow at the workshop, which was attended by David Lamotte, ILO Director for Pacific Island Countries office.