Usamate questions ERA provisions on worker contracts and equal pay

Opposition MP Jone Usamate has raised questions about provisions in the Employment Relations Act regarding workers' contracts, asking whether the principle of "equal pay for equal work" still applies in the legislation.

While speaking during a public consultation on the review of the Employment Relations Act at the Suva Civic Centre, Usamate says some people, in an attempt to avoid obligations under a contract of service, change it to a contract for service.

He asked how this issue is being addressed.

Employment Ministry’s Deputy Secretary for Operations, Atish Kumar says both contract for service and contract of service are included in the legislation.

He says in terms of interpretation, if a person believes they are an employee of an organisation rather than a contractor, they can lodge a case with the Ministry.

He says the Ministry would then take the matter to the Employment Tribunal.

Kumar says contract negotiation provisions in the legislation are very clear now so any person can lodge their grievance if they feel they are being discriminated against because they are now called contractors instead of employees and are not given the right entitlements, minimum rates and other things.

He further says there is a valid point regarding how the Ministry can handle such cases administratively rather than requiring employees to take the matter to the Tribunal and adds the Ministry would look into this issue.