Labor law in Tuvalu

The Labour and Employment Relations Act 2017 came into force on 5 October 2018 and the latest official consolidated text located is the 2022 Revised Edition. It replaced the former Employment Act, Industrial Relations Code and Trade Unions Act. The Ministry responsible for labour, the Secretary of Labour, the Commissioner of Labour, labour inspectors, the Registrar of Industrial Organisations, the Minimum Wage Board, the Court and the Office of the Attorney General perform different functions under the framework. A contract made outside Tuvalu for work performed in Tuvalu can also fall within the Act. Public service employment may additionally follow the General Administrative Order or other written law, with the more favorable condition preserved where applicable. A written contract is required when employment lasts more than three calendar months. It should identify the parties, position, contract type and term, workplace, working hours, wages, allowances, pay period, leave, dispute procedure, other entitlements and termination notice. It should also state the applicable minimum-wage order or collective agreement. The Secretary of Labour attests the contract, and both parties sign it. The employer must provide a copy. If the required written contract or copy is missing, the employment is treated as indefinite. Changes require mutual consent, and the parties must receive advice before signing; legal, union or Ministry advice may be obtained. A private employment agent needs authorization and may not charge a prospective employee a recruitment fee. Normal working time is limited to eight hours per day and 40 hours per week. Additional hours must be reasonable, taking account of health and safety, family duties, workplace needs, overtime entitlement and the employee's role and responsibility. Daily rest must generally include at least 12 consecutive hours, and weekly rest at least 48 consecutive hours. Overtime rates are set by regulations, and an annual salary may include compensation for excess hours where the arrangement permits it. After more than six consecutive hours, the employee receives a one-hour unpaid meal break and either a 20-minute paid tea break or two paid 10-minute breaks. A nursing employee caring for a child under 12 months receives one paid hour divided into two breaks each day. An employer changing working hours must consult affected employees and, where a group is affected, the union, and must give reasonable notice. Pay includes wages or salary, overtime, bonuses, allowances, accommodation or food provided in kind, provident or pension contributions, travel allowances and gratuities. Men and women must receive equal remuneration for work of equal value. No current statutory minimum-wage amount was located in the official consolidated Act or legislation index. The Minimum Wage Board can recommend rates at least every three years, with representation from employees, employers, the public service, finance and the Ministry. A rate may differ by sector, occupation, island or industry, and the Minister may issue an order but is not required to do so. Piece-rate work must meet the applicable minimum-wage order or the contractual rate, whichever is higher. Wage periods must be at least every two weeks for hourly, daily or weekly work and at least monthly for monthly, annual or piece-rate arrangements. Deductions are limited to lawful categories and written consent where required. Employers must keep wage, time and leave records for six years. A wage demand notice provides at least seven days to correct non-payment. For non-casual employees, annual leave is 12 paid days for each completed year, with pro-rata entitlement after six months. Public holidays do not count against annual leave. Sick leave is five paid days for each completed year. Compassionate leave can be up to three paid days for the death or life-threatening illness of an immediate family member. Maternity leave is 12 weeks at full pay with a medical certificate. Adoption leave is 12 weeks at full pay for adopting a child under three years. A male spouse receives 10 paid days of paternity leave at full pay after birth or adoption, taken within four months. Part-time leave is generally pro rata, while piece or task work follows the regulations. Child employment is prohibited before the end of the school calendar year in which the child reaches 15, apart from permitted light work that does not harm health, development or schooling. Hazardous work is prohibited for anyone under 18, and employers must keep a child employee register. Forced or compulsory labour is an offence, and sexual harassment is also prohibited. Employers must identify, assess, eliminate, minimise, isolate or control workplace hazards, provide protective equipment and training, and keep monitoring records. Employees must take reasonable care and cooperate with safety measures. Direct and indirect discrimination is prohibited in recruitment, training, promotion, employment terms and termination. Protected grounds include ethnic or national origin, race, colour, social origin, class, economic status, sex, pregnancy, marital status, sexual orientation, family duties, age, health, HIV or AIDS, disability, religion, political opinion, union membership or activity, and participation in a dispute or proceeding. Reasonable accommodation is required where applicable, and retaliation against a person who raises a concern or uses a legal process is prohibited. Indefinite employment is the default. A fixed-term contract ends when its term expires, a fixed-task contract ends when the task is completed, and casual employment ends with the work period. An employer may terminate for a lawful reason. Capacity or conduct normally requires a warning, a reasonable opportunity to improve and assistance where appropriate, followed by notice. Serious misconduct can justify summary dismissal. Unless a written agreement provides otherwise, the minimum notice is one week, and pay in lieu of notice may be used. Redundancy requires no suitable redeployment, compliance with any collective agreement and at least four weeks' notice. If the employer brought the worker from another place, the employer pays repatriation costs. Unlawful reasons include protected discrimination, temporary illness or injury, union membership or non-membership, a complaint or proceeding, and maternity or paternity absence. The employer bears the burden of proving the lawful reason. Final wages, benefits and accrued untaken annual leave are due within 14 days after termination. Employees and employers may form or join an organisation, and interference with that freedom is an offence. Collective bargaining must be conducted in good faith. A collective agreement must be written, signed and registered with the Registrar of Industrial Organisations, and must state its coverage, workplace dispute procedure and expiry. Industrial action is lawful only for a collective-agreement dispute after reasonable resolution efforts. Ordinary industrial action requires at least three days' notice; essential services require at least 20 days. Essential services include shipping, aviation, air traffic control, electricity, fire, rescue, ports, hospitals, sanitation and meteorological services. Police are excluded from industrial action under Part 10. The Registrar may make decisions about legality or ending industrial action, with Court appeals generally available on a matter of law. A workplace issue should first be addressed through the workplace process where that is possible. An application for the Secretary's dispute services generally must be made within three months after the applicant learned of the matter and must show an unsuccessful workplace attempt and a non-frivolous dispute. The services include information, assistance on employment terms and conciliation. A party may be represented by an advocate, lawyer, employee, officer or family member. A written settlement signed and witnessed by the parties is final and binding, and breach is an offence. If reasonable conciliation fails, the matter may proceed to the Court. Labour inspectors can enter workplaces and employer accommodation, interview people and inspect wage, time and leave records, but they cannot inspect a private dwelling without the occupier's consent. Inspectors may take no action, issue a demand notice or refer an offence to the Attorney General. Review and appeal periods are generally 28 days, and the Act contains no general employee filing fee in the reviewed text. Informal workplace or community resolution may help, but it does not replace statutory rights or enforcement.