CMNT_TITLE

Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Fiji (RATIFICATION: 2008)

Other comments on C172

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Article 2 of the Convention. Exclusion possibility. The Committee notes that section 2 of the Wages Regulation (Hotel and Catering Trades) Order 2012 provides that all workers whose rate of remuneration without any allowances, bonus, overtime pay or additional benefits exceeds 250 Fijian Dollars (FJD) (approximately US$130) per week are excluded from its scope of application. According to the Government’s first report, those excluded are remunerated well above the minimum pay rates fixed by the order and the exclusion applies specifically to those holding managerial positions. While noting the Government’s explanations, the Committee wishes to recall that in subsequent reports the Government is expected to indicate any progress which may have been made towards wider application, as prescribed by Article 2(2) of the Convention.

Article 4(2). Reasonable normal hours of work and overtime. Further to its previous comment, the Committee notes the Government’s explanations that, while the 2012 Wages Regulation Order for hotel and restaurant workers does not specifically define the term “hours of work” or prescribe a maximum amount of authorized overtime hours, the Government is in the process of amending the Employment Regulations Promulgation 2007, and that following the possible replacement of the current ten Wages Councils by a Wages Forum, proposals will be put forth to the social partners concerning limitations on overtime work. The Committee requests the Government to take all appropriate steps in a timely manner in order to ensure that full effect is given to this provision of the Convention.

Article 4(3). Reasonable minimum weekly rest periods. The Committee recalls its previous comment in which it noted that, under the Wages Regulation Order for hotel and catering staff, workers employed in outer islands are entitled to three consecutive days off after having worked for 12 consecutive days, or five consecutive days off after having worked for 24 consecutive days. While noting the Government’s explanations that outer island workers are usually employed far from home making it impractical for them to have a 24-hour rest period in every seven day period because of the travel time, the Committee considers that in view of the physical and mental strain resulting from the rhythm of work in the hotel and catering industry, particularly during peak periods of business, special consideration should be given to the need for regular relaxation of the personnel concerned and therefore weekly rest should not be granted at unreasonably lengthy intervals. The Committee trusts that the Government will further examine – in consultation with the employers’ and workers’ organizations concerned and while taking into account national conditions and the specificities of the hotel industry – possible measures to ensure that hotel and restaurant workers to whom special weekly rest schemes apply do not work for unreasonably long periods without receiving the rest periods to which they are entitled.