Labor law in Solomon Islands

Employment in Solomon Islands is regulated mainly by the Constitution, Labour Act (Cap. 73), Employment Act (Cap. 72), Safety at Work Act (Cap. 74), Trade Disputes Act (Cap. 75), Trade Unions Act (Cap. 76), Unfair Dismissal Act (Cap. 77) and Workmen's Compensation Act (Cap. 78). Subsidiary regulations add rules on wages, leave, safety, dangerous substances, pesticides, first aid, lifting equipment, electrical systems and workplace testing. The Ministry of Commerce, Industry, Labour and Immigration (MCILI), especially its Labour Division, handles many employment services. Relevant units include the Commissioner of Labour, Employment Services Unit, Industrial Relations Unit, Occupational Safety and Health Unit and ILS/Prosecution Unit. The Trade Disputes Panel, Registrar of Trade Unions, Magistrates Court and High Court also have defined roles. A contract of service can be written, oral or implied. Unless the contract provides another arrangement, employment is generally month-to-month, with one month's notice or one month's wages instead of notice. Within one month after employment starts, the employer generally provides written particulars covering the parties, start date, remuneration and pay date, working hours, holidays and passages, sickness and sick pay, notice and disciplinary rules, housing and allowances. The written-particulars rule has exceptions for apprentices, people working fewer than 23 hours per week and domestic servants. A worker can request a termination certificate. A non-indigenous or immigrant worker generally needs a work permit from the Commissioner of Labour. The permit is tied to the approved job, employer and place of work. The worker or prospective employer can apply. A refusal can be appealed to the Minister within 14 days, and the Minister generally gives a decision or notification within 28 days. Online fee figures include SBD 200 for an application, SBD 150 for approval of less than three months and up to SBD 1,100 for approval from 20 to less than 24 months; appeals and variations are listed at SBD 500 each. The current fee should be confirmed with the Labour Division before filing because published fees can change. Normal working time is generally limited to 45 hours per week. Industrial and agricultural work generally has a daily limit of nine hours. A worker who works more than six hours in a day receives a break of at least 30 minutes. Continuous presence at work is generally limited to 12 hours per day, and the ordinary week generally cannot exceed six working days. Gazetted public holidays are generally days off. Shift work is assessed by an average of nine hours per day and 45 hours per week over three weeks. Overtime requires the applicable approval where the upper limit of 57 hours per week or 228 hours per month would be exceeded. Overtime on daily excess hours, Saturday, Sunday or a substituted rest day is paid at least 1.5 times the hourly rate. Work on a gazetted public holiday is paid at least twice the hourly rate. The Minimum Rates of Wages Order effective from 1 August 2019 sets a nationwide minimum of SBD 8 per hour in general sectors and SBD 7.20 per hour in agriculture, plantations and fishing. The older 1996 wage order reproduced in some consolidated Labour Act materials is superseded. Wages are paid directly in legal tender, normally no later than seven days after the pay period ends. Final wages are generally due on the day employment ends or on the next day that is not a rest day or public holiday. When a worker leaves without notice, wages are generally due within 10 days. Deductions usually cannot exceed one third of the pay period's wages, apart from recognised exceptions such as consent-based provident or pension payments, tax and collective deductions. The Holidays, Sick Leave and Passages Rules generally provide at least 1.25 working days of paid annual leave for each complete month of service. After 26 weeks of continuous service, sick leave can reach 22 working days in a calendar year when supported by medical certification. The rules on holidays, sick leave and passages exclude immigrant workers, so their contract, permit conditions and other applicable arrangements need separate checking. Annual return passage can cover the worker, a spouse and up to four dependent children under 18. The employer generally covers domestic travel connected with recruitment and termination. A non-casual worker can receive maternity leave for up to 12 weeks, including at least six compulsory weeks after childbirth. Maternity pay is at least 25% of wages for up to 12 weeks. A nursing worker can receive a paid break of up to one hour twice a day. Notice of dismissal during the protected maternity period is prohibited. Statutory restrictions generally limit women's night work from 19:00 to 06:00, subject to an emergency exception. Children under 12 cannot work except in approved light work with a parent or guardian. Work by people under 15 in industrial undertakings or on ships, underground mine work by people under 16, and hazardous, ship or night work by people under 18 are restricted, and employers may have to keep a register. Protection against discrimination is fragmented. Constitution section 15 protects against discriminatory laws and discriminatory action by public authorities, and Solomon Islands has ratified ILO Convention No. 111. No comprehensive equivalent framework for every private-sector discrimination claim was identified. Safety-at-work guidance expects workplaces to be free from discrimination, harassment, bullying and violence, while public-service safeguards operate separately. The Safety at Work Act applies broadly to full-time, part-time, permanent, temporary and casual workers, home-based workers, volunteers, work-experience participants and apprentices. Employers provide reasonably practicable health, safety and welfare protections, safe premises and systems, suitable information, instruction, training, supervision and personal protective equipment. Workers take reasonable care, and employers also protect people who are not employees but are affected by the work. A work injury can fall under the Workmen's Compensation Act when it arises out of or in the course of employment. The Act covers contracts of service, apprentices and casual workers. Employer-provided transport and public transport used for commuting can be treated as connected with work, and listed occupational diseases are covered. Fatal compensation is based on up to 36 months of earnings, while permanent total incapacity is based on up to 48 months of earnings. Temporary incapacity can result in periodic payments. The worker or representative should give notice as soon as possible and before voluntary departure where relevant. A claim generally has to be made within six months of the accident or death. Notice can be oral or written. The employer can offer a medical examination within seven days. Labour forms include LAB WCA 1, LAB WCA 2 and LAB WCA 5. The Labour Division describes a settlement target of about three months; refusal can lead to court proceedings. A trade union can generally be formed by more than six people. Registration requires at least seven members and union rules submitted to the Registrar of Trade Unions. An unregistered union does not have the registered rights, immunities and privileges available under the Act. A registered union can sue and be sued, and peaceful picketing is permitted. An employer cannot make employment conditional on not belonging to a union. Voting members are normally employed and resident in Solomon Islands. Collective bargaining and recognition disputes can go to the Trade Disputes Panel. A trade dispute can concern terms and conditions, physical working conditions, engagement or non-engagement, termination or suspension, work allocation, discipline, union membership, negotiation or recognition. A party can refer a dispute to the Trade Disputes Panel at any time by written notice. The panel normally has three members: a chair, one union-side member and one employer-side member. It begins with conciliation. A settlement order can become an enforceable collective agreement. If negotiation fails, the panel can conduct an inquiry and issue an award, normally with a minimum duration of one year. The High Court can enforce an award, and an appeal is available on a question of law. TDP1 and TDP2 are relevant forms; respondents generally receive 21 days to appear and hearing notice generally provides at least 14 days. The default termination rule is one month's notice or pay in lieu. Redundancy generally requires at least 26 weeks of continuous service. The formula is PE multiplied by one twenty-sixth of the basic weekly wage, subject to a cap of 65 times the basic weekly wage. The employer generally notifies the Commissioner of Labour before the 28-day period ending the dismissal, and a redundancy claim has a two-year window. Statutory exclusions include some workers aged 50 or above and cases involving gross misconduct or departure without notice. Unfair-dismissal protection generally requires a substantial reason and reasonable employer action. Redundancy is excluded from that unfairness test, and fixed-term non-citizens are excluded from the statutory unfair-dismissal process. A complaint normally goes to the Trade Disputes Panel within three months after dismissal. The employer carries the burden of showing the reason. Remedies can include a recommendation of re-engagement or compensation capped at 52 times the basic weekly wage. An unpaid award can be recovered as a debt through the Magistrates Court, and an appeal on the award amount generally has a one-month limit. The ILS/Prosecution Unit may represent workers. Labour inspectors can enter workplaces and employer housing, inspect contracts, registers and accounts, summon people and begin criminal or civil proceedings. Labour Act court proceedings do not carry a court fee. Practical access is concentrated at the Labour Division in Honiara, although the main statutes apply nationwide. Informal and customary work, some domestic work and seafarers may fall partly outside this framework; seafarers can be governed by separate maritime rules. The applicable legal framework therefore depends on the worker's status, contract, sector, location and the authority handling the matter.