Tonga1
New member
- Joined
- Jul 4, 2024
- Messages
- 9
- Thread Author
- #1
Author: Tomasi Latutupou
Sponsor: N/A
Type: Act of Parliament
A
BILL
TO
Establish Basic Labor Rights
Preamble: This Act is designed to ensure fair and safe working conditions for all players involved in economic activities. By setting forth basic labor rights, this bill aims to promote well-being, prevent exploitation, and foster a balanced economic environment.
1. Conflicts
(a) In the event that any portion of this Act conflicts with any prior Act or Government policy, the contents of this Act shall supersede any such conflict.
(b) In the event that any future legislation conflicts with this Act, the contents of the new Act shall supersede any such conflict.
(c) Only the conflicting portions of legislation/policy shall be overwritten, any non-conflicting portions shall remain in effect.
2. Definitions
(a) Employee: Any individual engaged by another party to perform specific tasks.
(b) Employer: Any individual or entity that engages one or more employees.
(c) Working Hours: The period during which an employee is expected to carry out duties assigned by an employer.
(d) Minimum Wage: The lowest remuneration that employers can legally pay their employees.
(e) Safe Working Conditions: Environments that do not pose a risk of physical harm to employees.
(f) Voluntary Overtime: Additional hours worked beyond the agreed working hours, initiated at the discretion of the employee.
(g) Collective Bargaining: The negotiation process between employees and employers to determine working conditions and wages.
3. Labor Rights
(a) Minimum Wage:
(i) When paid on a commission basis, employees shall be entitled to a minimum commission of 10% of the sale price of goods.
(ii) When paid on an hourly basis, employees shall be entitled to a minimum hourly pay of $10 per hour of work.
(iii) The Government may raise or lower the minimum wage through policy so long as it is not set to a figure that is lower than what is mandated by law.
(iv) When employees are paid in some other way, the Government may determine to apply the hourly wage protection, the percentage commission protection, or both. Minimum wage protections apply to all compensation structures and all employer-employee relationships.
(v) For payment structures and/or employer-employee relationships not regulated either by legislation or policy, the Courts shall determine the appropriate minimum wage protection when a dispute arises in Court.
(b) Working Hours:
(i) Employees shall not be required to work more than a predetermined number of hours per week, excluding voluntary overtime.
(ii) Employees are entitled to at least one full day off per week.
(iii) No employee may be required to work for a number of hours or during hours which would create a conflict with their real life obligations.
(c) Safe Working Conditions:
(i) Employers must ensure that all workplaces meet safety standards established by the Government. Where such standards are not yet established, the workplace must be reasonably safe.
(d) Right to Organize:
(i) Employees have the right to form or join groups for collective bargaining.
(ii) No employer shall penalize, prevent, or otherwise obstruct employees from organizing or participating in such groups.
(e) Anti-Discrimination:
(i) No person shall be discriminated against in employment matters on the basis of any characteristic unrelated to their job performance.
4. Enforcement and Penalties
(a) Monitoring and Compliance
(i) The Government shall be responsible for monitoring compliance with labor standards.
(ii) Employees and other parties may report violations anonymously to the Government.
(b) Penalties
(i) Employers who violate labor laws may face fines, jail time, suspension of business activities, suspension from Government employment not including elected office, suspension from receiving Government contracts, suspension of existing unfulfilled Government contracts, or other penalties as deemed appropriate by the Courts.
Enactment: This Act comes into force immediately upon passage
Sponsor: N/A
Type: Act of Parliament
A
BILL
TO
Establish Basic Labor Rights
Preamble: This Act is designed to ensure fair and safe working conditions for all players involved in economic activities. By setting forth basic labor rights, this bill aims to promote well-being, prevent exploitation, and foster a balanced economic environment.
1. Conflicts
(a) In the event that any portion of this Act conflicts with any prior Act or Government policy, the contents of this Act shall supersede any such conflict.
(b) In the event that any future legislation conflicts with this Act, the contents of the new Act shall supersede any such conflict.
(c) Only the conflicting portions of legislation/policy shall be overwritten, any non-conflicting portions shall remain in effect.
2. Definitions
(a) Employee: Any individual engaged by another party to perform specific tasks.
(b) Employer: Any individual or entity that engages one or more employees.
(c) Working Hours: The period during which an employee is expected to carry out duties assigned by an employer.
(d) Minimum Wage: The lowest remuneration that employers can legally pay their employees.
(e) Safe Working Conditions: Environments that do not pose a risk of physical harm to employees.
(f) Voluntary Overtime: Additional hours worked beyond the agreed working hours, initiated at the discretion of the employee.
(g) Collective Bargaining: The negotiation process between employees and employers to determine working conditions and wages.
3. Labor Rights
(a) Minimum Wage:
(i) When paid on a commission basis, employees shall be entitled to a minimum commission of 10% of the sale price of goods.
(ii) When paid on an hourly basis, employees shall be entitled to a minimum hourly pay of $10 per hour of work.
(iii) The Government may raise or lower the minimum wage through policy so long as it is not set to a figure that is lower than what is mandated by law.
(iv) When employees are paid in some other way, the Government may determine to apply the hourly wage protection, the percentage commission protection, or both. Minimum wage protections apply to all compensation structures and all employer-employee relationships.
(v) For payment structures and/or employer-employee relationships not regulated either by legislation or policy, the Courts shall determine the appropriate minimum wage protection when a dispute arises in Court.
(b) Working Hours:
(i) Employees shall not be required to work more than a predetermined number of hours per week, excluding voluntary overtime.
(ii) Employees are entitled to at least one full day off per week.
(iii) No employee may be required to work for a number of hours or during hours which would create a conflict with their real life obligations.
(c) Safe Working Conditions:
(i) Employers must ensure that all workplaces meet safety standards established by the Government. Where such standards are not yet established, the workplace must be reasonably safe.
(d) Right to Organize:
(i) Employees have the right to form or join groups for collective bargaining.
(ii) No employer shall penalize, prevent, or otherwise obstruct employees from organizing or participating in such groups.
(e) Anti-Discrimination:
(i) No person shall be discriminated against in employment matters on the basis of any characteristic unrelated to their job performance.
4. Enforcement and Penalties
(a) Monitoring and Compliance
(i) The Government shall be responsible for monitoring compliance with labor standards.
(ii) Employees and other parties may report violations anonymously to the Government.
(b) Penalties
(i) Employers who violate labor laws may face fines, jail time, suspension of business activities, suspension from Government employment not including elected office, suspension from receiving Government contracts, suspension of existing unfulfilled Government contracts, or other penalties as deemed appropriate by the Courts.
Enactment: This Act comes into force immediately upon passage