UNIVERSITY OF THE PEOPLE

BUS 5511 Human Resource Management

Unit 6: Written Assignment

Topic: International employment compliance for Arise Network Foundation in Fiji

Instructor: Dr Beverly Givens

Date: 22nd December, 2021
Introduction

In this paper, I have assumed a Human Resource Manager role at a mid-size non-profit

organization known as Arise Network Foundation in the U.S. So, the company has plans to go

international and set up a professional counseling and social service agency in Fiji. In order to

pursue this, I have chosen to conduct research on an aspect of the employment law for both the

U.S and Fiji where the company is planning to set up its new expansion. On this note, first I will

compare and contrast the chosen law between the two countries to identify the relevance and

significant implications. In addition, I will identify the differences between the two laws and

write an International Corporate Employment Policy (ICEP) that covers the gaps. From this, I

will also articulate the additional steps that are needed before the actual implementation process.

According to an article, it stated that employment law is “a type of law that oversees the

relationship between an employer and their employees, and also involves a combination of both

federal and state laws, and covers a wide variety of subjects that are meant to protect the rights of

workers” (Wishnia, 2020).

Part (A) Comparing & Contrasting an aspect of Employment Law

1. US Employment Law: From my research findings, I noted that “there are many federal,

state and local laws that affect the American workplace, and it is important for employers

to know where to go for help in understanding their responsibilities under these laws”

(DOL, n.d). However, employment law is important in America, for instance, “the U.S.

Department of Labor (DOL) administers and enforces most federal employment laws,

including those covering wages and hours of work, safety and health standards, employee

health and retirement benefits, and federal contracts” (DOL, n.d). In the US, there are
 several federal agencies that also administer laws affecting employment issues. For

example,

(i) U.S. Equal Employment Opportunity Commission (EEOC): enforces many of the

laws ensuring nondiscrimination in the workplace.

(ii) National Labor Relations Board (NLRB): administers the primary law governing

relations between unions and employers.

2. Fiji Employment Law: In Fiji, employment law and other statutory legislations are

enacted by the State through the Parliament, endorsed by the President of the Republic of

Fiji, and administered by the responsible Minister that oversees the Department of Labor.

From my findings, I noted that “in May 2020, Bill No.12 of 2020 was introduced before

the Parliament of Fiji and this led to the passing of the Employment Relations

(Amendment) Act 2020 (ERA), which led to changes in Fiji’s employment law” (Global

People Strategist, n.d). So, these changes were made to provide a more realistic work

environment to employees to help them maintain their jobs.

In comparing and contrasting the two countries, Table 1 below will illustrate the information that

was analyzed and at least seven (7) subjects of human resource were considered for HR Manager

to ponder on for action.

Table 1 Comparison USA vs. FIJI

HR Subject(s) Similarities Differences HR Manager Action

1. Employee rights USA: Title VII of the Civil USA: Involves both Ensure compliance with

at work Rights Act of 1964 state and federal laws ERA 2007, with Fiji’s

FIJI: Employment Relations FIJI: State DOL (Labor Complaint

 Act (ERA) 2007 Section 6 responsible for Resolution Unit)

administration

2. Fair labor USA: Fair Labor Standards USA: Involves both Ensure compliance with

standard Act (FLSA) state and federal laws ERA 2007 in Fiji,

FIJI: Employment FIJI: State administered by the

Relations Promulgation responsible for Department of Labor

2007 (ERA) and its administration

subsidiary Regulations

3. Safety & Health USA: Occupational Safety USA: Involves both Ensure compliance with

and Health Act of 1970 state and federal laws ERA 2007 in Fiji,

FIJI: Health and Safety at FIJI: State enforced by Department

Work Act 1996 responsible for of Labor

administration

4. Right to unionize USA: National Labor USA: Federal law Ensure compliance with

Relations Act enforced by NLRB Fiji’s DOL (Trade Union

FIJI: Employment FIJI: State law by and Industrial

Relations Act 2007, (DOL) Association Unit)

Industrial Associations Act

(IAA) 1941

5. Equal USA: EEO Law USA: Federal law Ensure compliance with

Employment FIJI: ERA 2007 Part 9 enforced by EEOC ERA 2007 in Fiji,
 Opportunity FIJI: State law enforced by Department

of Labor

6. Medical leave USA: Family and Medical USA: Federal law Ensure compliance with

Leave Act (FMLA) FIJI: State law ERA 2007 in Fiji,

FIJI: ERA 2007 Part 11 enforced by Department

of Labor

7. Employment USA: At-will, no Ensure compliance with

Contracts minimum terms ERA 2007 in Fiji,

required enforced by Department

FIJI: Oral or written of Labor

terms required under

the law ERA 2007

Part 5 Section 23

When looking at the analysis, I noted that employment law and its application for USA and Fiji

have similarities in the first six (1- 6) subjects, while there is a gap for number seven on

employment contracts. Both the State and Federal have major roles in administering and

enforcing the laws to ensure employee rights are promoted and protected, and employers comply

with the relevant laws accordingly.

Apparent Gaps on Employment Contracts

1. Under the laws of the United States, “there are no minimum requirements for an

employment contract” (L&E Global, 2020).

 2. In most states, there is “no written memorialisation of any terms is required and an

employment relationship in the United States is presumed to be at-will, that is terminable

by either party, with or without cause or notice” (L&E Global, 2020).

3. In the US, there is “no legal provision governs fixed or unlimited term contracts” (L&E

Global, 2020).

4. In Fiji, the Employment Relations Act of 2007 recognises employment contracts.

Part (B) International Corporate Employment Policy (ICEP)

The U.S based company, Arise Network Foundation, will need to consider the gap highlighted

and the HR Manager should consider the importance of employment contracts that are required.

In Fiji, according to the Director of Labor Standards Atish Kumar, “the International Labor

Organization (ILO) recognized the Employment Relations Act 2007 in Fiji that promotes the

four governance conventions and other technical conventions to: generate employment growth,

promote and enforce decent work and productivity, encourage good faith employment relations,

enforce safe workplaces and ensure social justice” (Fiji DOL, 2021).

Additional Steps

The HR Manager should facilitate the following two steps:

1. Facilitate particulars of a contract of service: for instance, the particulars of a written

contract of service could be accessed under Schedule No. 2 of the Employment Relations

Promulgation 2007 (Fiji DOL, 2021).

2. Facilitate foreign contract of service: For instance, any foreign contract of service shall

be submitted by the employer to the Permanent Secretary for the Ministry of

Employment, Productivity and Industrial Relations (MEPIR) for attestation before it is

signed by the worker (Fiji DOL, 2021).

Policy Implementation

According to an article I read, it stated that the policymaking process is “intended to solve

problems and improve the quality of life for its citizens and are enacted to regulate industry and

business” (CliffsNotes, n.d). From inception to implementation, the company should focus on the

following:

1. Agenda building: the basis of the agenda is on employment contracts that should be

created for employment in Fiji, and so the guideline is provided under the ERA of 2007.

2. Formulation and adoption: to formulate an approach in solving this HR issue, a

proposal should be made and to adopt and adapt Fiji’s legislation endorsed by Parliament.

3. Implementation: to be accomplished by the company, as the law provides a broad

outline of the policy. For example, the Parliament of Fiji mandated the contract of service

standards, but the Department of Labor (DOL) “administers the details on those standards

and the procedures for measuring compliance through regulations” (CliffsNotes, n.d).

In addition, I noted that adopting an international employment policy, the HR Manager should

consult with the local counsel in Fiji and to ensure legal compliance in each jurisdiction in which

the policy operates. However, in this analysis it could said “where the differences between legal

systems are diverse, an organization could consider either drafting separate policies for each

jurisdiction, introducing broad guidelines or principles for employees which comply with the

highest global standard, and providing a global minimum standard that is the fallback position if

local law provides a higher degree of protection” (Talibart et al, 2008).

Framework of ICEP Policy

1. Reason for Policy: The policy exists to bridge the gap of employment law in Fiji and the

company should adhere to the Employment Relations Act 2007 required to establish a

contract of service for employees in the Republic of the Fiji Islands.

2. Policy Statement: The policy will apply to the company known as “Arise Network

Foundation” effective from the period it starts operation in Fiji and will comply with the

Employment Relations Act of 2007.

3. Scope: The policy will guide the company and support the terms and condition of the

contract of services for employees.

4. Definitions: The policy will promote fairness and justice for a diverse background of

employees and safeguard the relationship with the company.

5. Procedures: The policy is to be in line with the ERA 2007 law that is administered by

the Department of Labor in Fiji and must be complied with accordingly.

6. Responsibilities: The company “Arise Network Foundation” is responsible to execute

the policy and procedures

7. Enforcement: Any violation of the policy shall be penalized according to ERA 2007 by

the Department of Labor and in a Supreme Court of Justice.

8. Related Information: related employment policies, other statutory legislations,

documentation, forms and questionnaires could be accessed on the Department of Labor

website at https://www.employment.gov.fj/

9. Policy History: This is a revised policy that was last updated in December 2020.
Interaction with Fiji’s law

So, when there are differences between legal systems like in the US and Fiji, relevant and

applicable legal principles must be applied in the jurisdiction where the company's new

expansion takes place. As above, this includes:

● The requirement to have an employment contract in place between the employer and

employee.

● Thus, allow protections for employees against dismissal.

According to the article, it mentioned “where there are similarities in employment law, they will

help the process of implementing international employment policies” (Talibart et al, 2008).

Conclusion

From the above, I could infer that employment laws in many countries could be complex, and so

understanding and implementing them could also be challenging especially for medium size

companies like Arise Network Foundation. However, to understand the realities and implications

of such laws, the Department of Labor for the two countries in US and Fiji have numerous

resources and information that could help both employees and employers. So, for expansion in

Fiji, the HR Manager should consider the employment laws on contract of services in Fiji and

also understand the International Labour Organization requirements to avoid breaching such

laws.

Reference

CliffsNotes. (n.d.). American government. The Policymaking Process. Retrieved December 22,

2021, from

https://www.cliffsnotes.com/study-guides/american-government/public-policy/the-policymaking-

process
DOL. (n.d.). Employment laws: Overview and resources for employers. United States

Department of Labor. Retrieved December 21, 2021, from

https://www.dol.gov/agencies/odep/publications/fact-sheets/employment-laws-overview-and-res

ources-for-employers

Fiji DOL. (2021). Ministry of Employment, Productivity & Industrial Relations. Labour

Standard Services - MEPIR. Retrieved December 22, 2021, from

https://www.employment.gov.fj/LabourStandard

Global People Strategist. (n.d.). Search results: Fiji+employment+law. Global People Strategist.

Retrieved December 22, 2021, from

https://www.globalpeoplestrategist.com/?s=fiji%2Bemployment%2Blaw

L&E Global . (2020, December 19). Employment contracts in USA. L&E Global Knowledge

Centre. Retrieved December 22, 2021, from

https://knowledge.leglobal.org/employment-contracts-in-usa/

Talibart, P., Sinclair, E., & Rose, N. (2008, June 1). International employment policies - issues

arising from drafting and implementation.

https://content.next.westlaw.com/5-382-2408?__lrTS=20201014090146076&transitionType=Def

ault&contextData=(sc.Default)&firstPage=true#co_anchor_a1004573. Retrieved December 22,

2021.

Wishnia, J. (2020, January 3). Employment rights laws. LegalMatch Law Library. Retrieved

December 21, 2021, from

https://www.legalmatch.com/law-library/article/employment-rights-laws.html