Consultations on Tonga's Employment Relations Bill 2013 have been extended to 31 May 2013, and a revised bill is expected to go to parliament in August.

The Ministry of Commerce, Tourism and Labour said in a statement today that it had completed the first stage of its consultation process on the bill during a workshop on May 8 in Nuku'alofa and anticipated tabling a revised bill to parliament by the end of August 2013.

The workshop at the Tungi Collonade was attended by stakeholders from government, private sector business associations, employees associations, churches and non-government organizations.

"Discussions identified the need to put in place a legal framework that establishes a fair labour market for all tripartite stakeholders, i.e employees, employers and Government," the Ministry stated.

The agreed way forward for the development of the Bill included:

• Extension of the consultation period to end of May 2013;

• A Tripartite Open Forum to be held at end of June 2013;

• Policy Formulation and Technical Inputs to be incorporated by end of July 2013; and

• For the Revised Bill to be released by end of August 2013.

"The Ministry is pleased with the outcome of the workshop and is committed to the way forward established by the workshop."

The Minister for Commerce, Tourism and Labour, Dr. Viliami Uasike Latu said at the workshop that, “the Employment Relations Bill 2013 aims to provide the fundamental principles of a fair labour market including rights at work and due processes, and the protection of employment relations”.

The Ministry advised that submissions of comments on the draft Employment Relations Bill 2013 was now extended to 4:30pm Friday, 31^st May 2013.  Copies of the draft Bill can be obtained from the Ministry.

Chamber of Commerce and Industries

Meanwhile, Tonga's Chamber of Commerce and Industries has sent in submissions, noting among its concerns that, "The bill sounds like it was a cut and paste from some other country and it hasn’t been adapted to the current business environment of Tonga."

In a statement today the TCCI recognized the need for labour legislation that protects both employers and employees operating in the public and private sector in the Kingdom of Tonga. It also supported the notion of development of the economy based on growth by efficiency and competitiveness rather than growth based on the exploitation of labour.

"TCCI believes that the Bill which could be introduced to the Tongan labour and business environment should address the significant issues of safe working conditions, minimum standards of employment that allow a decent quality of work life balance, and enhanced productivity that would lead to the competitiveness of businesses.

"Thus, the Bill should be simple and effective and not be burdened with too many issues such as Union representation and control of the employment contract; bearing in mind that there are different levels of business operation in Tonga (including foreign-owned investors). It should also be balanced between employer and employee and not be so one-sided as though the employer is an automatic enemy."

The TCCI listed its concerns surrounding the bill, which include the costs to business of the administration, additional leave and PAYE payments, which would be covered by increasing prices at the same time when businesses were bearing the increased costs of the new Retirement Fund.

"During this most difficult time economically it is the wrong time to introduce such a bill, which will increase unemployment and it will further fracture any potential growth in the economy."

The TCCI was also concerned about the authority that would be given to the CEO of a new Employment Relations Advisory Committee, which among other things, could interfere with the contractual agreements between employer and employee.