Références
Employment Act 1978 (Chapter 373) [EA], as amended.
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Industrial Relations Act 1962 [IRA], as amended.
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Industrial Organizations Act 1962
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Champ d'application
Taille des entreprises exclues (≤): aucune
Catégories de travailleurs exclues: fonctionnaires
▶ Employment Act
→ Section 3 states that:
(1) Except where it is specifically provided otherwise, this Act does not apply to or in relation to the employment of a person—
(a) by the State in carrying on in the vicinity of his village from day to day; or
(b) under any other law in force in the country.
(2) The engagement of a pupil of a school in part-time work necessary for, or incidental to, the cleaning of the school or its grounds, or, if the pupil is a boarder at the school, for the growing of food for the sustenance of teachers and pupils of the school shall not, for the purposes of this Act, be deemed to be employment, and this Act does not apply to or in relation to that engagement.
→ Section 4 provides that: The Minister may, by notice in the National Gazette, exempt from all or any of the provisions of this Act—
(a) any person whose wages exceed the prescribed amount; or
(b) any—
(i) person or class of persons; or
(ii) occupation, trade or industry,
specified in the notice.
Réforme législative en cours:
Note: The Employment Act, Industrial Relations Act, and other legacy laws are undergoing a full review with stakeholder consultations to modernize provisions related to employment standards, industrial relations, occupational safety, and social dialogue.<br/>(See: Labour Law reform of the Department of Labour & Industrial Relations of the Government of Papua New Guinea webpage: https://www.labour.gov.pg/)
CDD reglementés: Oui
▷ The Employment Act does not expressly use the term “fixed-term contract”. However, under section 22 EA, a "contract of service" made under section 19(a) [written contract] may be made for a specified period or for an unspecified period. It also provides for the period of an "attested contract" [ contract with illiterate employee].
▶ Employment Act
→ Section 22 states that:
1) A contract of service made under Section 19(a) may be for a specified or for an unspecified period.
(2) Where an employee under a contract of service made under Section 19(a) [written contract] is permitted by an employer to continue his employment after the expiry of the period specified in the contract of service, the contract shall be deemed to be extended, on the same terms and conditions, for an unspecified period.
(3) The period of a contract of service shall commence—
(a) in the case of a contract made under Section 19(a)—on the date on which it is signed by the employee or, if another date is specified in the contract, on that date; or
(b) in the case of an attested contract on the date that it is attested by a labour officer under Section 23, but in no case shall it be deemed to have commenced on a date later than the date the employee commenced duty.
(4) Subject to this Act, the period of an attested contract [ contract with illiterate employee] shall not exceed—
(a) in the case of an employee who is not accompanied by any of his dependants, two years; and
(b) in the case of an employee who is accompanied by all or any of his dependants for three years.
(5) Where an employee under an attested contract enters into a contract for a period less than the maximum specified in Subsection (4), he may, at the expiration of the contract, enter into a further attested contract with the same employer for a period that, when added to the period of the original contract, does not exceed the maximum period specified in that subsection.
→ Section 19 EA provides that:
A written contract of service is of no force or effect unless and until—
(a) in the case of a literate employee—
(i) he has signed the instrument of agreement and has certified under his hand on the agreement that he has read, understood and agreed to abide by the terms and conditions endorsed on the agreement; and
(ii) the employer has endorsed on the agreement a note that he believes and is satisfied that—
(A) the employee is literate; and
(B) before signing the agreement, the employee read and understood it; and
(b) in the case of an illiterate employee, he has—
(i) signed; or
(ii) affixed his mark or an impression of his thumb on, the instrument of agreement in the presence of a labour officer and the labour officer certifies that Section 23 has been complied with.
Motifs autorisés de recours au CDD: aucune limitation
▶ Employment Act
→ The Employment Act does not impose any restriction on the reasons for which a contract of service made under section 19(a) may be concluded for a specified period.
Nombre maximum de CDD successifs: aucune limitation
▶ Employment Act
→ The Employment Act does not impose any limit on the number of successive contracts of service that may be concluded for a specified period under section 19(a).
Durée cumulée maximum de CDD successifs: 3année(s)
▶ Employment Act
The only statutory limitation on duration applies to attested contracts concluded with illiterate employees under section 19(b).
→ Section 22 (4) indicates that:
(4) Subject to this Act, the period of an attested contract shall not exceed—
(a) in the case of an employee who is not accompanied by any of his dependants, two years; and
(b) in the case of an employee who is accompanied by all or any of his dependants, three years.
Notes / Remarques
→ Under section 1 of the EA,
▻ "Contract of service" means any agreement, whether oral or in writing, express or implied, by which one person agrees to employ another person as an employee and that other person agrees to serve his employer as an employee.
▻ "Attested contract" means a contract made under Section 19(b).
Durée maximale de la période d'essai (en mois):
No statutory provisions were found in the examined legislation in this respect.
Excluded from protection against dismissal:
▶ Employment Act
→ Under section 1 EA, "employee" means a person serving another person under a contract of service and includes a prospective employee.
→ In addition to the definition of “employee” under section 1, certain categories are excluded from the application of the Employment Act under sections 3 and 4 (see Scope section above).
Obligation d'informer le travailleur des raisons du licenciement: Non
The Employment Act does not expressly require an employer to provide written or verbal reasons to the employee when terminating a contract of service.
Motifs autorisés (licenciement justifié):
Motifs prohibés: grossesse, congé de matérnité, sexe, affiliation et activités syndicales
▶ Employment Act
▷ Discrimination
→ Section 97 prohibits an employer from discriminating against a female person on account of her sex, indicating that:
Subject to this Part, an employer who—
(a) discriminates against a female person on account of her sex; or
(b) fails to pay a female employee the same wages as a male employee employed at the same level in the same work, is guilty of an offence.
▷ Pregnancy and maternity leave
→ Section 100 EA indicate that:
(1) Where the employer of a female employee is notified or becomes aware of the pregnancy of the employee, the employer, in addition to complying with the other provisions of this Act—
(a) shall agree, if the employee so desires, to the termination of the employment without penalty; and
(b) shall not, except where the employee has been employed for less than 90 days, without the consent of the employee, terminate the employment on the grounds of or arising out of the pregnancy; and
(c) shall, where the employment is not terminated, grant to the employee maternity leave in accordance with this section where the employee has been employed by the employer—
(i) for not less than 108 days within the period of 12 months; or
(ii) for not less than 90 days within the period of six months, immediately preceding the grant of leave.
(2) During the period of maternity leave granted under Subsection (1)(c), the employment of the employee shall not be terminated except by mutual consent.
(3) The period of maternity leave to be granted under Subsection (1)(c) shall be—
(a) the period necessary for hospitalization prior to confinement; and
(b) subject to Subsection (4), six weeks following confinement.
(4) Where, due to sickness following confinement, an employee is unable to carry out her employment, the employee shall be granted, in addition to maternity leave under Subsection (3), an additional period of maternity leave not exceeding four weeks.
(5) Maternity leave granted under Subsections (3) and (4) shall—
(a) be deemed to be a period of work under the contract of service; and
(b) shall be without wages except where the employee elects to convert recreation or sick leave credits into paid maternity leave.
▷ Union activities
▶ Industrial Organizations Act 1962 (IOA)
→ Section 63 makes it an offence for an employer to dismiss, refuse to engage, injure, or prejudice an employee because the employee is an officer, delegate or member of an industrial organization, or has appeared as a witness or given evidence in proceedings under the Act.
▷ Note: Under section 1 of the IOA, “industrial organization” means a trade or other union, or branch of a union, or an organization or body (...). (See the full definition cited under Remarks).
Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs, femmes enceintes ou en congé de maternité
▷ Maternity and pregnancy
▶ Employment Act (EA)
→ Section 100 EA provides that where an employer is notified or becomes aware of the pregnancy of a female employee, the employer:
(a) shall agree, if the employee so desires, to the termination of the employment without penalty; and
(b) shall not, except where the employee has been employed for less than 90 days, without the consent of the employee, terminate the employment on the grounds of or arising out of the pregnancy; and
(c) shall, where the employment is not terminated, grant the employee maternity leave.
▷ Union activities
▶ Industrial Organizations Act 1962 (IOA)
→ Section 63 IOA prohibits an employer from dismissing or prejudicing an employee on the ground that the employee is an officer, delegate or member of an industrial organization, or has participated in proceedings under the Act. The court may order reinstatement and payment of lost wages.
During maternity leave, the employee's employment shall not be terminated except by mutual consent.
Forme de la notification du licenciement au travailleur: aucune forme particulière requise
Employment Act
→ Section 34(5) provides that notice of termination shall be given—
(a) in the case of a contract of service referred to in Section 19(a) — in writing; and
(b) in the case of any other contract of service — either orally or in writing, and the day on which the notice is given shall be included in the period of notice.
Délai de préavis:
▶ Employment Act
→ Section 34 provides that:
(1) This section does not apply to a written contract of service for the first two years of operation of the contract unless the parties to the contract agree otherwise.
(2) Subject to this Act, a party to a contract of service may, at any time, give notice to the other party of his intention to terminate the contract.
(3) The length of notice of intention required to terminate a contract of service shall be the same for both parties and—
(a) shall be as specified in the contract; or
(b) shall be not less than the periods specified in Subsection (4).(4) Where there is no provision in a contract of service for notice of intention to terminate, the length of the notice shall be not less than—
(a) one day's notice if the employee has been employed for less than four weeks; or
(b) one week's notice if the employee has been employed for not less than four weeks and for less than one year; or
(c) two weeks' notice if the employee has been employed for not less than one year and for less than five years; or
(d) four weeks' notice if the employee has been employed for five years or more. (...).
ancienneté ≥ 6 mois:
- Tous: 7 jour(s).
ancienneté ≥ 9 mois:
- Tous: 7 jour(s).
ancienneté ≥ 1 an:
- Tous: 7 jour(s).
ancienneté ≥ 2 ans:
- Tous: 14 jour(s).
ancienneté ≥ 4 ans:
- Tous: 14 jour(s).
ancienneté ≥ 5 ans:
- Tous: 30 jour(s).
ancienneté ≥ 10 ans:
- Tous: 30 jour(s).
Indemnité compensatrice de préavis: Oui
▶ Employment Act
→ Section 35(2) provides that where a party to a contract has given notice of intention to terminate under Section 34, either party may, without waiting for the expiry of that notice, terminate the contract by paying to the other party a sum equal to the amount of salary that would have accrued to the employee during the period of the notice.
Notification à l'administration publique: Non
No statutory provisions were found in the examined legislation in this respect.
Notification aux représentants des travailleurs: Non
No statutory provisions were found in the examined legislation in this respect.
Autorisation de l'administration publique ou d'un organe judiciaire: Non
No statutory provisions were found in the examined legislation in this respect.
Accord des représentants des travailleurs: Non
No statutory provisions were found in the examined legislation in this respect.
Définition du licenciement collectif (nombre d'employés concernés)
▷ The Employment Act does not define or specifically regulate collective dismissal (redundancy) as a distinct category. It mainly regulates individual termination of employment.
▷ There is no statutory definition of collective dismissal, and there are no mandatory procedures (such as consultation, notification to authorities or unions, priority rules, or obligation to consider alternatives) for economic dismissals under the Employment Act.
▷ The Employment Act does not define or specifically regulate collective dismissal (redundancy) as a distinct category. However, under the Industrial Organizations Act 1962, a dispute arising from the termination of a contract of employment may be treated as an industrial dispute.
▶ Industrial Organizations Act 1962
→ Under section 1, “industrial dispute” includes “a dispute arising from a contract of employment the particulars of which are contested by either party to the contract within three months after the termination of the contract”.
→ Under section 1, “industrial matters” includes “the right to dismiss or to refuse to employ, or the duty to reinstate in employment, a particular person or class of persons”.
The Industrial Organizations Act 1962 does not impose any proactive obligations on the employer (such as prior consultation, notification, or consideration of alternatives) before carrying out dismissals for economic reasons.
Notification à l'administration publique No
No statutory provisions were found in the examined legislation in this respect.
Notification aux syndicats (représentants des travailleurs) No
No statutory provisions were found in the examined legislation in this respect.
Notification aux représentants des travailleurs: No
No statutory provisions were found in the examined legislation in this respect.
Accord des syndicats (représentants des travailleurs) No
No statutory provisions were found in the examined legislation in this respect.
Accord des représentants des travailleurs No
No statutory provisions were found in the examined legislation in this respect.
Règles de priorité pour l'ordre des des licenciements collectifs (situation sociale, âge, ancienneté) No
No statutory provisions were found in the examined legislation in this respect.
Obligation de l'employeur d'examiner des solutions alternatives au licenciement (transferts, formation...) No
No statutory provisions were found in the examined legislation in this respect.
Règles de priorité de réembauche No
No statutory provisions were found in the examined legislation in this respect.
Severance pay:
The Employment Act does not contain provisions on redundancy payments or severance pay in cases of dismissal for economic reasons.
Redundancy payment:
The Employment Act does not contain provisions on redundancy payments or severance pay in cases of dismissal for economic reasons.
: Non
▷ There is no statutory cap on compensation. However, remedies are generally limited to contractual damages (i.e. what the employee would have earned during the notice period), unless the court exercises discretion under Section 38 in the case of attested contracts.
Non
▷ There is no statutory cap on compensation. However, remedies are generally limited to contractual damages (i.e. what the employee would have earned during the notice period), unless the court exercises discretion under Section 38 in the case of attested contracts.
Compensation pour licenciement injustifié - limites légales (plafond en mois ou methode de calcul définie):
▷ There is no statutory ceiling in months or calculation method for unfair dismissals.
directeurs /cadres dirigeants: Oui
▷ Reinstatement is possible but not guaranteed. It depends on the circumstances of the case and the discretion of the court or tribunal.
police: Non
▷ The Employment Act does not require mandatory conciliation before an individual claim for wrongful termination can be brought before the courts.
▷ Claims for wrongful termination may be brought before the ordinary courts. In some cases, termination disputes may also be referred to as industrial disputes under the Industrial Relations Act 1962.
▶ Employment Act (EA)
→ Section 149 EA indicates that:
(1) For the purposes of this section, "court" means the National Court or a District Court.
(2) In determining any question under this Act, other than in a criminal proceeding, a court shall be guided by equity and good conscience and is not bound by the rules of evidence and legal procedure.
(3) Any power conferred by or under any law in force in Papua New Guinea to make regulations or Rules of Court for regulating the practice and procedure of a court (other than the Supreme Court or the National Court) shall be deemed to include power to make regulations or Rules for the purposes of proceedings before the court under this Act.
(4) This section does not apply to a prosecution for an offence against, or contravention of, or failure to comply with, a provision of this Act.
Règlement des litiges individuels par arbitrage: Non
▷ There is no general statutory arbitration mechanism for individual termination disputes under the Employment Act.
Durée de la procédure:
No statutory provisions were found in the examined legislation in this respect.
No statutory provisions were found in the examined legislation in this respect.
No information was found in this respect.