Labor law in Nauru

The Constitution of Nauru has supreme legal authority. It protects freedom of association, including trade-union activity, prohibits forced labor subject to limited legal exceptions, and allows rights enforcement through the Supreme Court. It protects people against discrimination based on race, place of origin, political opinions, colour, creed and sex, but Nauru has no comprehensive private-sector labor anti-discrimination regime identified in the available country reporting. The Workers (Contracts of Service) Act 1922 remains the main framework for private and other non-public employment. Contract terms are largely set by agreement between the employer and worker. The Act provides for at least one month’s notice, with wages in lieu of notice possible. The same notice period applies during the first six months of a trainee’s employment. Summary dismissal can arise from specified conduct, including repeated unexplained absence, refusal to follow a reasonable instruction, serious neglect of duty, harmful conduct, participation in a strike or violence against the employer or co-workers, and imprisonment for more than seven days. The employer must give written dismissal notice and send a copy to the Administrator within 24 hours. A worker can appeal to the Court within seven days. Because the legislation is historical, the current consolidated RONLAW text and applicable Gazette amendments should be checked for a particular dispute. Private-sector working time, paid leave and overtime pay are governed mainly by the contract and workplace practice. No current private-sector minimum wage and no specific private-sector overtime-pay rule were verified in the available 2022 country reporting. Public service employment is governed by Constitution sections 68 to 70 and the Public Service Act 2016, including its amendments and regulations. Public servants may be permanent, temporary, casual or contract employees. The public service generally works from 9:00 to 17:00 with a one-hour meal break, although the Secretary may approve different arrangements. Additional hours should be reasonable and attract additional remuneration or time off, and daily attendance records are required. Public-service leave rules are more specific. Recreation leave is four weeks per service year at full salary, with accumulation limited to three years. An application normally must be made at least 14 days in advance, and access begins after the initial three months with the Secretary’s consent. Long-service leave starts after five years. After six months of service, maternity leave is 12 weeks; the first four maternity periods are paid at full salary and later periods at half salary. The employee returns to the same or an equivalent position without losing salary, benefits or seniority. Eligible employees also receive two weeks of paid paternity leave, 12 weeks of paid adoption leave and three days of special leave per year. Public-service salaries follow gazetted salary bands and the state payroll operates fortnightly. The available 2022 reporting describes the public sector as employing more than 90% of salaried workers. The Workers Compensation Act 1956 covers workers under a contract of service or apprenticeship, whether the contract is oral or written. An employer may owe compensation for personal injury caused by an accident arising out of or in the course of employment. Claims and reviews can proceed through the Court, and the parties may reach an agreement subject to the applicable legal process. Occupational safety standards exist but are not fully binding across all areas identified in the available reporting. Nauru has no identified labor-inspectorate system, private enforcement is weak, and workers do not have a clearly established statutory right to leave a hazardous workplace without risking their employment. The minimum working age is 16, but protection against the worst forms of child labor is not comprehensive and specific rules for hazardous work, job types and working hours below age 18 are limited. Constitutional freedom of association supports trade-union activity, yet no formal trade unions were identified in the available reporting and worker representation is mainly informal. Collective bargaining is not expressly guaranteed but is not generally prohibited. Strikes are neither generally protected nor generally prohibited; civil servants may not encourage or take part in strikes and may face summary dismissal for doing so. No express general ban on anti-union discrimination or statutory reinstatement right was identified. Private wage and contract disputes are civil money claims. The District Court handles claims up to AUD 3,000 and the Supreme Court handles claims above that amount. A statement of claim must be served, and the usual period for service and defence is 14 days. An appeal from the District Court to the Supreme Court generally must be filed within 21 days. Public servants can appeal certain appointment, promotion, misconduct-penalty, non-penal-transfer and classification-reduction decisions to the Public Service Appeals Board. No appeal is available against a termination without cause or a termination following criminal conviction. The Board may order reinstatement; where a position has been abolished or reinstatement is impractical, compensation can include three months’ salary and additional compensation of up to six months. Foreign employment access is handled through the Immigration Act 2014 and business visas, while the employment relationship remains governed by the applicable labor rules. The published fee table lists AUD 8,000 for an employment multiple-entry visa of up to 12 months and AUD 1,000 for other employment visas. A Local Business employment visa costs AUD 300 for a single applicant or AUD 400 for a spouse and children and is limited to Nauruans or businesses that are wholly Nauruan-owned. These immigration requirements do not replace the employment contract, compensation rules or workplace protections.