Employment in Solomon Islands

The Ministry of Commerce, Industry, Labour and Immigration (MCILI), including its Labour Division, administers employment matters nationally. Its services include job placement through the Employment Services Unit, trade training and testing, manpower planning and localization work. A direct state job portal and an official placement fee are not established in the available information; people also find work through employers, local advertisements and personal networks. These informal pathways do not replace the duties that apply to a formal employer. An employer with at least one employee must normally record the employment terms in writing and give the worker a copy or access to a stored copy. The record should state the parties, start date, pay and pay date, working hours, leave and holiday pay, sickness or accident arrangements, notice, disciplinary procedure, housing or allowances and other agreed terms. The employer should provide it within one month of the contract or a change to its terms. The written-term rule has exceptions, including some apprenticeships, work below 23 hours per week, domestic service and certain overseas contracts. Failure to comply can lead to a fine of SBD 1,000, imprisonment for up to six months or both. The national Minimum Rates of Wages Order effective from 1 August 2019 lists SBD 8 per hour for general sectors and SBD 7.20 per hour for agriculture plantations and fishing. The available Labour Division material does not identify a newer wage order, so the applicable rate should be confirmed with the Labour Division or Commissioner of Labour before relying on it. Monthly wages must generally be paid no later than seven days after the end of the pay period. Deductions normally cannot exceed one third of a pay period without the Commissioner's permission. Where the Solomon Islands National Provident Fund (SINPF) rules apply, the usual contribution is a 5% worker deduction and a 7.5% employer contribution, together equal to 12.5% of monthly gross pay. Normal working time is up to 45 hours per week. Industrial and agricultural work is generally limited to nine hours per day, with at least a 30-minute break after more than six hours and no more than five continuous hours without a break. Attendance is generally limited to 12 hours per day, workers receive at least 24 hours of weekly rest, and work is generally limited to six days per week. Overtime agreed in advance is normally paid at 1.5 times the ordinary rate for additional weekday work, Saturday, Sunday or a rest day, and at twice the rate on a gazetted public holiday. Shift averages are generally limited to nine hours per day and 45 hours per week over three weeks; the Commissioner can approve higher totals up to 57 hours per week or 228 hours per month. Public-holiday work is generally limited to essential services or an applicable contract. Paid annual holiday is generally at least 1.25 working days for each completed month, or about 15 days per year. After at least 26 weeks of continuous employment, a worker can receive up to 22 working days of paid sick leave per year with medical certification. Maternity leave for a non-casual female worker can last up to 12 weeks, including at least six compulsory weeks after confinement, with pay of at least 25% for up to 12 weeks. Nursing breaks can provide up to one paid hour twice per day, and dismissal protection applies during the relevant leave. The holiday, sick-leave and passage rules do not generally apply to immigrant workers, so their contracts need separate checking. For covered workers, the employer generally pays recruitment and termination travel within Solomon Islands and one return passage each year between the employment place and the worker's customary home for the worker, spouse and up to four dependent children under 18; travel time is additional unpaid time. The Safety at Work Act covers full-time, part-time, permanent, temporary and casual workers as well as home-based workers, volunteers, work-experience participants and apprentices. Employers must take reasonably practicable steps to provide health, safety and welfare, information, training, safe systems and safe premises. Workers must take reasonable care. The safety framework also addresses discrimination, harassment, bullying and violence. The Occupational Health and Safety Unit and the Commissioner of Labour are relevant public contacts. Age restrictions apply. Employment below age 12 is generally prohibited apart from approved light family work. A person under 15 generally cannot work in an industrial undertaking or on a ship except through approved training, and a person under 16 cannot work underground in a mine. Additional restrictions apply to people under 18 in mines, ships and night work, and employers must keep a register for workers under 18. Employment usually ends on one month's notice or one month's wages in lieu where the parties have not agreed another arrangement. A fixed-term expiry can count as dismissal for redundancy purposes if the employer does not renew or re-engage the worker within four weeks. Redundancy rules generally require at least 26 weeks of continuous employment and do not apply in the same way to a worker aged 50 or older, a dismissal for misconduct or suitable re-engagement within four weeks. The redundancy payment formula is PE multiplied by 1/26 of the basic weekly wage, subject to a maximum of 65 times the basic weekly wage. The Commissioner of Labour and Trade Disputes Panel can assist with employment disputes, but detailed dismissal questions belong partly to the labour-law framework. A worker can request a certificate of employment stating the start date, end date and type of work. Claims, agreements or referrals concerning redundancy generally have a two-year period. A non-citizen must normally obtain a work permit before working in Solomon Islands, unless an exemption applies, such as certain government, diplomatic or Commonwealth government employees or people under 18. The initial application is generally made while the applicant is outside Solomon Islands. Changing employer or business normally requires a further application from outside the country, and a separate entry or residence permit is required. Typical documents include the application form, the SBD 200 application payment, photograph, employment contract, curriculum vitae, qualifications, reference, organisational chart, localization training programme, relevant foreign-investment or business-registration evidence, a local vacancy advertisement and reasons why local applicants were not selected. Processing is listed as seven days for a foreign investor and 14 days for a foreign worker. An appeal can be filed within 14 days, with a ministerial decision due within 28 days. Permit charges depend on duration: approval for under three months is SBD 150, rising through SBD 200, 350, 500, 650, 950, 1,000 and 1,100 for the longer listed periods up to under 24 months. Appeals and variations each cost SBD 500. The holder must stay within the approved occupation and terms, report changes and follow the localization plan. The Director of Immigration handles the separate entry and residence process.