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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
Employment Rights and Protection
- English
(1) It is unlawful for a person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (2)) to treat adversely any other person, or to make an implied or overt threat to treat adversely any other person, on the ground that the other person is, or is suspected or assumed or believed to be, a person affected by domestic violence.
(2) The areas to which subsection (1) applies are—
(a) the making of an application for employment:
(b) employment, which term includes unpaid work.
(3) In this section, an employer treats adversely an employee if the employer—
(a) dismisses that employee, in circumstances in which other employees employed by that employer on work of that description are not or would not be dismissed or subjected to such detriment; or
(b) refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially the same qualifications, experience, or skills employed in the same or substantially similar circumstances; or
(c) subjects that employee to any detriment, in circumstances in which other employees employed by that employer on work of that description are not or would not be subjected to such detriment; or
(d) retires that employee, or requires or causes that employee to retire or resign.
(4) For the purposes of this section,— child has the meaning given to it in section 8 of the Family Violence Act 2018
family violence has the meaning given to it in section 9 the Family Violence Act 2018, person affected by family violence means a person who is 1 or both of the following:
(a) a person against whom any other person is inflicting, or has inflicted, family violence:
(b) a person with whom there ordinarily or periodically resides a child against whom any other person is inflicting, or has inflicted, family violence.
(5) Subsection (1) applies regardless of how long ago the family violence occurred or is suspected or assumed or believed to have occurred, and even if the family violence occurred or is suspected or assumed or believed to have occurred before the person became an employee. (Human Rights Act 1993, Sec. 62A)
Employment Rights and Protection
- English(1) Every person has the right to freedom of choice of employment in any calling for which he has the qualifications (if any) lawfully required, except to the extent that that freedom is regulated or restricted voluntarily or by a law that complies with Section 38 (general qualifications on qualified rights), or a law that imposes restrictions on non-citizens.
… (Sec. 48)
Employment Rights and Protection
- English(1) The State must take reasonable measures within its available resources to achieve the progressive realisation of the right of every person to work and to a just minimum wage.
(2) In applying any right under this section, if the State claims that it does not have the resources to implement the right, it is the responsibility of the State to show that the resources are not available. (Sec. 33) - iTaukei(1) Na Matanitu me na vakayagataka e dua na ituvatuva e veiganiti ena veika sa tu rawa me qai rawati na dodonu ni tamata yadua me cakacaka ka me saumi ena isau e veiganiti.
(2) Ena kena taurivaki na dodonu ena tikina qo, kevaka e vakaraitaka na Matanitu ni sega ni tiko vua na ivurevure ni veika me baleta na kena taurivaki na dodonu, e nona itavi na Matanitu me vakaraitaka ni sega vua na ivurevure. (Sec. 33)
Employment Rights and Protection
- English(1) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) to make a request of any other person for sexual intercourse, sexual contact, or other form of sexual activity which contains an implied or overt promise of preferential treatment or an implied or overt threat of detrimental treatment.
(2) It shall be unlawful for any person (in the course of that person’s involvement in any of the areas to which this subsection is applied by subsection (3)) by the use of language (whether written or spoken) of a sexual nature, or of visual material of a sexual nature, or by physical behaviour of a sexual nature, to subject any other person to behaviour that—
(a) is unwelcome or offensive to that person (whether or not that is conveyed to the first-mentioned person); and
(b) is either repeated, or of such a significant nature, that it has a detrimental effect on that person in respect of any of the areas to which this subsection is applied by subsection (3).
(3) The areas to which subsections (1) and (2) apply are—
(a) the making of an application for employment:
(b) employment, which term includes unpaid work:
(c) participation in, or the making of an application for participation in a partnership:
(d) membership, or the making of an application for membership, of an industrial union or professional or trade association:
(e) access to any approval, authorisation, or qualification:
(f) vocational training, or the making of an application for vocational training:
…
(4) Where a person complains of sexual harassment, no account shall be taken of any evidence of the person’s sexual experience or reputation. (Human Rights Act 1993, Sec. 62)
Employment Rights and Protection
- EnglishWE HEREBY ACKNOWLEDGE that, subject to any restrictions imposed by law on noncitizens, all persons in our country are entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever their race, tribe, places of origin, political opinion, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the legitimate public interest, to each of the following:-
…
(e) freedom of employment and freedom of movement;
… (Preamble, Basic Rights)
Employment Rights and Protection
- English(1) Every person has the right to full and free participation in the economic life of the State, which includes the right to choose their own work, trade, occupation, profession or other means of livelihood.
(2) The State must take reasonable measures within its available resources to achieve the progressive realisation of the rights recognised in subsection (1).
(3) To the extent that it is necessary, a law may limit, or may authorise the limitation of, the rights set out in subsection (1). (Sec. 32) - iTaukei(1) Na tamata yadua e tu vua na dodonu me vakaitavi ena bula vakailavo ni Vanua, qo e oka kina na dodonu ni nodra digitaka na nodra cakacaka, se so tale na gaunisala ni rawa ilavo.
(2) Na Matanitu me na vakayagataka e dua na ituvatuva e veiganiti ena veika sa tu rawa me na qai rawati na kena yacovi na dodonu e virikotori ena wasetiki (1).
(3) Na lawa ena rawa ni yalana, se vakadonuya na kena yalani, na dodonu e virikotori ena wasetiki (1), ia na vakayacori ga ena gauna e gadrevi kina me yalani. (Sec. 32)
Employment Rights and Protection
- EnglishNothing in section 22 shall prevent restrictions imposed by an employer—
(a) on the employment of any person who is married to, or in a civil union or in a de facto relationship with, or who is a relative of, another employee if—
(i) there would be a reporting relationship between them; or
(ii) there is a risk of collusion between them to the detriment of the employer; or
(b) on the employment of any person who is married to, or in a civil union or in a de facto relationship with, or who is a relative of, an employee of another employer if there is a risk of collusion between them to the detriment of that person’s employer. (Human Rights Act 1993, Sec. 32)
Employment Rights and Protection
- EnglishFor the avoidance of doubt it is hereby declared that preferential treatment granted by reason of—
(a) a woman’s pregnancy or childbirth; or
(b) a person’s responsibility for part-time care or full-time care of children or other dependants— shall not constitute a breach of this Part. (Human Rights Act 1993, Sec. 74)
Employment Rights and Protection
- English(1) Every person has the right to fair employment practices, including humane treatment and proper working conditions.
… (Sec. 20) - iTaukei(1) Na tamata taucoko e tiko vei ira na dodonu mera qaravi vakatautauvata ena gauna ni cakacaka, okati kina na nodra qaravi vinaka kei na tuvaki vinaka ni valenicakacaka.
… (Sec. 20)
Employment Rights and Protection
- English(1) Nothing in section 22 shall prevent different treatment based on sex or age where, for reasons of authenticity, being of a particular sex or age is a genuine occupational qualification for the position or employment.
(2) Nothing in section 22 shall prevent different treatment based on sex, religious or ethical belief, disability, age, political opinion, or sexual orientation where the position is one of domestic employment in a private household.
(3) Nothing in section 22 shall prevent different treatment based on sex where—
(a) the position needs to be held by one sex to preserve reasonable standards of privacy; or
(b) the nature or location of the employment makes it impracticable for the employee to live elsewhere than in premises provided by the employer, and—
(i) the only premises available (being premises in which more than 1 employee is required to sleep) are not equipped with separate sleeping accommodation for each sex; and
(ii) it is not reasonable to expect the employer to equip those premises with separate accommodation, or to provide separate premises, for each sex.
(4) Nothing in section 22 shall prevent different treatment based on sex, race, ethnic or national origins, or sexual orientation where the position is that of a counsellor on highly personal matters such as sexual matters or the prevention of violence.
(5) Where, as a term or condition of employment, a position ordinarily obliges or qualifies the holder of that position to live in premises provided by the employer, the employer does not commit a breach of section 22 by omitting to apply that term or condition in respect of employees of a particular sex or marital status if in all the circumstances it is not reasonably practicable for the employer to do so. (Human Rights Act 1993, Sec. 27)