Report on the Implementation of the derogation to ... - Trade Websites

Final <strong>Report</strong>
RoO Derogation under the PACP-IEPA
The International Labour Affairs Section, within PNG’s Department of Labour and Industrial Relations
(DLIR) reportedly has ongoing communication with the ILO Committee of Experts on the Application
of Conventions and Recommendations (CEACR) concerning PNG’s implementation of core ILO
conventions. In attempting to address recommendations put forward by CEACR, DLIR is presently
reviewing key legislation, including the Employment Act and Industrial Relations Act, as well as
relevant regulations, to ensure PNG’s labour-related legal instruments are consistent with ILO
conventions. 72
ii)
National Labour Conditions
The Employment Act 1978, together with associated regulations and amendments, establishes the
legislative framework for minimum labour/working conditions in PNG. The DLIR is responsible for
ensuring the effective implementation of the Employment Act 1978 in workplaces, together with
other key labour-related legislation pertaining to issues including workers compensation,
occupational health and safety, employment of non-citizens and industrial relations. PNG’s tuna
canneries are subject to regular scheduled inspections, as well as random spot checks by DLIR
inspectors.
To establish an understanding of current working conditions within the canneries and in turn, to
make an informed assessment as to whether or not they operate in accordance with relevant
national labour conditions, the Consultants undertook the following:
• conducted detailed discussions with senior-level human resources personnel in each
cannery concerning company policies and procedures relating to employment.
• reviewed key documentation including wage and salary structures, employee contracts,
employee payslips, company rules and regulations, codes of conduct and performance
appraisal systems.
• conducted informal interviews with 15 randomly selected workers per cannery 73 (45 in total)
from along the production line (i.e. receiving/cold storage, thawing, skinning/cleaning,
loining, can packing, retort, labelling, packaging). 74
• reviewed relevant national legislation (i.e. Employment Act 1978).
On the basis of the consultants’ analysis, current working conditions of all three canneries appear to
be in accordance with the Employment Act 1978. 75
Table 4.8 presents a summary of key relevant labour conditions as set out in national legislation,
together with details concerning the canneries’ compliance with these conditions.
72 Interview, DLIR representative, September 2011.
73 The random selection and interviewing of workers was conducted by the Consultants independently;
management representatives of the canneries were specifically not involved in this process to avoid any
selection bias. Interviews were conducted in tok pisin (pidgin), except in cases where the workers were
comfortable speaking English. The Consultants were assisted during interviews by NFA fisheries officials based
in provincial offices.
74 A comprehensive survey of cannery workers using formal interview techniques and sampling methods was
outside the scope of this review. However, the consultants endeavoured in their selection of workers to
obtain a representative cross-section of workers within the production section of each cannery.
75 The assessment of labour conditions has been conducted to the best of the consultants’ abilities. However,
it should be noted that the consultants are not qualified labour specialists. Interview questions related directly
to working conditions in the canneries, not broader social issues.
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