Why are administrative errors by employers being criminalised instead of being treated as compliance issues?

This was the question posed by Al-Hamd Smart Living managing director Ashfaaq Khan during the Employment Relations Amendment Act consultations in Nadi this week.

Citing the proposed Act, Mr Khan said Section 45, clause 24 required employers to maintain detailed records for six years and produce them within 14 days.

Failure to do this would result in payment of fines up to $10,000 for false and incomplete records.

“Will there be distinctions between intentional fraud and interevent report? How will small businesses within the HR infrastructure meet the detailed requirements?” Mr Khan asked.

Mr Khan said the draft legislation also stated that no employer shall publish or make public any information about the worker after resignation or termination without the worker’s consent.

“How can legitimate reference checks be conducted under these restrictions? Second, will legal disclosures, for example, fraud, misconduct, be exempted from this clause?”

Mr Khan queried whether legal or compliance-related disclosures such as fraud or misconduct would be exempted from these clauses.

Employment Ministry director labour standards Atish Kumar said Section 45 of the wages and time record remained unchanged for the past six years.

“Under the current law, employers are required to keep wages and time records for six years,” said Mr Kumar.

“This is primarily because workers have the right to lodge their complaints, and if an individual were to lodge a complaint, the employer is required to keep the wages and time records for verification.

“If there is a claim from a worker, those claims can then be put forth to the employer, but first and foremost, you must keep the wages and time records under the law for six years.”