Employer in Kiribati

Local terms for an employer include employer, tia kamwakuri and tia bwaibwai. An employer should establish each employment relationship with a written contract signed by both sides and give a copy to the employee. The employer keeps a staff or employment record showing the worker's name, age, position and KPF number and sends an electronic copy to the Ministry of Employment and Human Resources. The records should remain available for at least five years. The Labour Division of the Ministry of Employment and Human Resources is responsible for Work Relations, Occupational Health and Safety, Labour Market Information and Marketing, and Overseas Employment. Its work includes labour inspections, registration of employer organisations and trade unions, trade-dispute handling and licensing private employment agents through a License to Recruit. The Tripartite Decent Work Advisory Board provides a forum involving government, employers and workers. Kiribati Chamber of Commerce and Industry and Kiribati Major Employment Organization are employer organisations, while registered trade unions represent workers. Collective agreements can be made under the Employment and Industrial Relations Code 2015. Pay depends on the sector and the form of remuneration. The minimum wage is at least AUD 1.30 per hour in the private sector and private construction, and AUD 3.00 per hour on foreign-funded projects and construction. The applicable Minimum Wage Order must be displayed at the workplace. Hourly, daily and weekly workers are paid twice each month. Workers on a fixed monthly or annual salary, piece-work or task-work are paid once each month. A pay statement shows the pay rate, KPF details, tax, gross pay and net pay. The Kiribati Provident Fund is a compulsory system. The employee contribution is 7.5% and the employer contribution is 7.5%, making a total contribution of 15% of wages. A deduction requires a legal basis and consent where the law requires it, and deductions may not exceed one third of the pay for that pay period. Ordinary working time may not exceed eight hours per day or 40 hours per week. Additional hours depend on whether they are reasonable in the circumstances. Workers receive at least 12 consecutive hours of daily rest and 48 hours of weekly rest. After six consecutive hours, the employer provides either a one-hour meal break, a 20-minute break or two 10-minute breaks. A nursing employee receives a paid 30-minute break for every four working hours until the child is 12 months old. Maternity leave lasts 12 weeks, normally six weeks before and six weeks after birth, with remuneration of at least 25%. After six months of service, annual leave may reach 30 days, sick leave may reach 20 working days per year and compassionate leave provides three paid days per year. Public holidays are normally paid. The employer provides a safe workplace with limited health risks for employees and people visiting the work site. The employer cannot pass the cost of provided protective equipment or workplace safety systems to employees. Employers support inspectors who enter the workplace, review documents and ask questions. An accident record is required, and records connected with workplace safety should be kept for at least five years. After a fatal accident, the accident scene remains undisturbed until an inspector gives different instructions. A health-and-safety representative and the employer work together to resolve workplace problems. An inspector can order work to stop where there is an immediate danger and can issue an Improvement Notice. Recruitment, training, promotion, employment terms and termination may not discriminate unlawfully. Forced labour is prohibited. The minimum working age is 14. Children aged 12 or 13 may perform only light work and may not perform hazardous work. A recruitment or private employment agent requires a License to Recruit. Before employing a foreign worker, the employer checks work authorisation and visa conditions and continues to observe minimum-wage, leave and safety requirements. Immigration matters also involve the Ministry of Foreign Affairs and Immigration, and employing a person without the required permission can create liability and criminal risk. The Work Relations Unit handles complaints and trade disputes, while the Labour Division carries out labour inspections. Problems with pay, employment records, occupational safety, recruitment or child labour can therefore create both dispute and enforcement risks. Termination requires a valid reason based on conduct, capacity, reduced operational requirements or a lay-off, together with the procedure, evidence and written notice required by the Employment and Industrial Relations Code 2015. Summary dismissal is reserved for serious misconduct. Kiribati's 2019 Household Income and Expenditure Survey recorded 25,172 employed people. Employees accounted for 67.3% of employment and employers for 1.9%, while informal employment accounted for 47.6%. The employee share was 76.3% in urban areas and 47.9% in rural areas. These figures show why formal legal duties and informal or rural working practices can differ in everyday application. Current enforcement details, fees and tariff information are not fully published, so an employer should confirm current requirements with the responsible Ministry of Employment and Human Resources office.