CONDITIONS AND RULES
OF
EMPLOYMENT FOR GOVERNMENT UNESTABLISHED
EMPLOYEES
NOTE:
This reissue of the Conditions and Rules of Employment for Government Unestablished
Employees includes all amendments to the Joint Industrial Council Agreement
up to and including those detailed in Public Service Commission Circular No
40/82 of 2 November 1982 and the Appendix thereto, effective 1st December
1982.
SECTION I - INTRODUCTION
1. Application These terms and conditions of employment will be to all unestablished
employees of Government, including part-time employees and Trade Apprentices.
2. Terms of engagement of Engagement of Part-Time Employees-
Part-time employees, when required, shall be engaged on the proviso that
the departments shall define in writing, beforehand, the, hours, days and
extent o~ part-time employment in terms of any one week of engagement and
its continuance in subsequent weeks, if any.
3. Definition
(i) 'Officer-in-Charge" means the holder of any senior post designated
as such by the Head Of Department.
(ii) Transfer means "permanent transfer", the proposition which
has been put in writing to an employee in clear terms and at not less than
not have to maintain two homes.
SECTION X ' DISCIPLINE
34. General
Employment is conditional on the employee continuing to render satisfactory
service. An employee failing in this respect or committing a breach of discipline
may have his employment terminated or be liable for such lesser penalty as
may be decided. Disciplinary measures are indicated in the following clauses.
35. Warnings
After due investigation under the authority of an Officer-in-Charge a formal
warning in writing may be administered to an employee in varying degrees of
severity setting out the nature of the offence.
Such warnings are to be recorded on the employee's service record card.
36. Suspensions
(a) Disciplinary:
An employee may be suspended without Day in the event of conviction for a
criminal offence or on serious disciplinary grounds for a period not up to
one month on the personal with authority of a Head of Department. Powers of
suspension on such grounds for a period not exceeding seven consecutive days
may be delegated by a Head of Department to an Officer-in-Charge.
Pending Disciplinary Action:
Where it appears to an Office-in -Charge that an employee has committed an
act if in discipline such as to render him liable to be discharge, or the
employee has been charged with a criminal offence in connection with his employment,
the employee may be suspended without pay for a period not exceeding seven
consecutive working days to permit the matter to be investigated. The investigation
must be completed as expeditiously as possible. If upon the expiry of such
period the investigation has not been seven consecutive working days. If suspension
is necessary beyond seven consecutive working days the employee will receive
payment at the rate of half his normal basic rate of pay unless he has been
charged with a criminal offence.
In the event of the employee being found innocent of the alleged offence,
he shall be reinstated and the balance of his normal basic rate of pay withheld
during the period of suspension shall be paid to him.
An employee who is suspended shall be notified in writing of the reason for
the suspension.
37. Discharge
For a serious act of indiscipline an employee may be summarily discharged
without notice on the authority of an Officer-in-Charge.
An employee may be discharged with one week’s notice or equivalent pay
in lieu of such period of notice.
38. Conditions Governing Appeals Against Disciplinary Action
(a) An employee not satisfied by the decision taken in his case may within
one month of being informed thereof appeal against it orally or in writing
to his appropriate senior officer (who may be the Officer - in Charge). An
employee
(b) If the employee is not satisfied with the decision receive
on his al under (a) above he may appeal in writing to
his Head of Department. Alternatively, he may refer his
case to his union and the grievance procedure in Clause 43
shall apply.
(C) In the event of an appeal being upheld all penalties
imposed shall be quashed and the employee shall be paid any
wages that may have been forfeited or withheld as a result
of any action taken under Clauses 36 or 37.
SECTION - IX GRADING OF NEW JOBS AND REGRADING
31. Grading of New Jobs
In the event of a new job or an new item of equipment being introduced, a
preliminary rate shall be fixed by the Secretary of the Public Service Commission
or his representative, subject to the evaluation of a rate for the job y negotiation
within three months through the Joint Industrial Council machinery. In the
event of the evaluated rate being higher than that provisionally assigned
the rate will be effective retrospectively to the date of commencement.. If
it is lower, the effective date will be the date following the day on which
agreement on the rate was reached.
32. Regrading
(a) Where ;an employee is to be regraded, the Officer-in-Charge will give
such notice in writing as is reasonably possible to the employee concerned
and to the Section representative.
(b) The employee concerned or the Section Representative will then have the
right to raise an objection in writing within seven consecutive days of the
receipt by the employee of the notice. In the case of such an objection the
procedure laid down in Clause 43 will come into effect. This procedure should
normally be completed within thirty days of the receipt by the employee concerned
of the notice of regrading; it being understood that in the case of upgrading
a decision reached by the Secretary, Public Service Commission at stage (e)
of Clause 43 shall be final.
(c) In the event of the Secretary of the Public Service Commission upholding
the objection the effective settlement the will be adjusted to the date when
the original regrading was effected. If, however, the Secretary of the Public
Commission rejects the appeal against the regrading, the regrading will stand
and be effective from the original date of regrading.
(d) Regrading will not be carried out in the case of an employee required
to perform work that would entitle him to either a higher or lower rate for
the periods of less than seven consecutive working days unless a change of
occupation is involved.
(e) If a change of occupations is involved, then the employee will be upgraded
immediately. When an employee is down graded to a new occupation, the d downgrading
will take place immediately but only if he spends seven or more consecutive
working days at the lower rate.
(f) P W. D Only: Part (d) does not apply to plant operators and their pay
will be directly tied to the type of plant that they operate.
However, regrading will not be carried out for part of a
day. When a machine goes into a workshop for repair, and
the operator goes into the pool, he will be regraded
downwards immediately; but if the machine is repaired
within seven consecutive working days of the time of
regrading, the regrading will be cancelled. If a change
of occupation occurs during this period part (e) above will
apply.
33. Personal Rates
"Personal rates" are allowances which are personal
receiving wage rates in excess of the evaluated rate for the grade
So far as P.W. D. is concerned each allowance amounts to the
difference between the actual wage rate of the employee at June 30
1~55 and the wage rate payable as calculated by job evaluation as
30th June, 1955.
SECTION V - LEAVE AND PUBLIC HOLIDAYS
18. Annual Leave granted
+(i) 10 working days for employees up to ten years of
service;
+(ii) 12 working days for employees of eleven to twenty
years of service;
*(iii) 14 working days for employees of twenty one years
of service and over. "Effective: 1.12.82
Employee will receive his normal basic pay in respect of
that period, where the leave is not taken as above, the
number of working days or hours on which an employee is
absent on leave will not exceed the number of days or hours
which he normally works in any respective category above.
Annual leave will not be cumulative except as provided for in (e),
in below. An employee having less than a completed
year of service will, when granted annual leave, receive
payment pro rata to completed months of service.
(b) The following absences will be deemed not to interrupt
service for the purpose of annual leave
(i) periods of Sick leave certified by a Registered
medical practitioner or Government Medical
Officer.
(ii) periods, not exceeding in aggregate 36 working
days in any one year, during which an employee is
stood down because of lack of work.
(iii) aggregate absences for all causes not exceeding
36 working days in any one year excluding annual
leave, certified sick leave and absences cause3
by industrial accidents and for which periodical
payments are made under the provisions of the
Workmen's Compensation Act - Cap 94 (1978
edition).
(C) Where an employment ceases after a period of more than
three months but less than one year from the date it
commenced, a sum to five-sixths of a day's pay for
each completed month's service will be given, and where an
employee's service ceases after the completion of a year
for which the paid annual leave has been taken, he will be
entitled to a sum equal to five-sixths of a day's pay for
each completed month of such subsequent period.
(d) Payment in respect of annual leave will be made in advance.
(e) Annual leave will be taken at such time as may be approved
but will be withheld for more than six months after
is due, Where leave has been withheld the employee may,
he so elects, be permitted to take such leave as he has
earned in the period of deferment continuously with the
annual leave for which he is already eligible,
(f) Listed Skilled Workmen
Where this class of employee continues to be employed he
will continue to enjoy the privileges of General Orders
to 259 of the 1939 Edition subject to the following
provisions :
(i) The amount of Pay to be drawn on leave will be
based on the rate of pay drawn at the time leave begins;
(ii) Where a passage grant is approved it will not
exceed the minimum cost of a return sea passage/
to New Zealand for the employee and his wife if
accomplaning him. Such passage grant will be
made by means of a passage order any not in cash.
19. Lo119 Service Leave
(i) (a) An employee, other than in category (ii) below,
shall become entitled to +15 working days Long
Service Leave of completion of +12 years'
service; thereafter, he shall earn for each
completed year of service additional Long Service
Leave at the rate of 11/2 annum in working days per annum in respect of 13
to 20 inclusive and at the rate of 12 working days per annum from year 21
onwards.
(b) Such Long Service Leave as may have accrued to an employee may be taken
at any time after completion of the initial 12 year qualifying period, provided
that having once availed himself of such leave he shall not be permitted save
on determination of employment, to utilise any completion of not less than
10 years service from (effective : 20.8.76)
(ii) (a) An employee who commenced or availed himself of Long Service Leave
on a date prior to 18th March 1972, shall, with effect from the date of such
leave, be deemed to have commenced accruing further Long Service Leave at
the rate of 2 working days per annum.
(b) Such further leave as may have accrued to an employee shall not be untilised,
save on determination of employment, until the completion of less than 10
years service from the date on which he last proceeded on such Long Service
Leave.
The conditions of this Clause do not apply to Listed Skilled Workmen who
enjoy the privileges of General Orders 255 to 259 of the 1939 Edition.
20. Bereavement Leave:
(a) One day's paid leave will be granted to an employee on the
death of a husband or wife, mother, father, son or
daughter, 'sister or brother (+wef 20.8.76)
(b) Evidence of the death, satisfactory to the
Officer-in-Charge, must be produced within 30 consecutive
days from the date of the leave, If satisfactory evidence
is not produced within 30 days that day's pay will be
deducted.
(C) An employee may take any accrued annual leave in addition
to Bereavement Leave on the understanding that in an annual
shut-down period applied in his department he will he on
leave without pay during any part of the shut-down period
for which he has no balance of accrued annual leave.
21. Authorised Leave Without Pay
(a) After not less than ten years continuous service an
employee may, at the discretion of his Head of Department,
be granted leave without pay for a period of up to three
months,
Such leave will not be granted more frequently than once
every four years thereafter and shall not count as
leave- earning service beyond the extent provided by Clause
18(b).
(b) Leave without pay on compassionate grounds may be granted
at any time at the discretion of the Head of Department..
(C) Unless impracticable, leave without pay shall be granted on
request for the purpose of enabling Muslim employees to
observe the festivals of Id-ul-fitr and Bakra-id and Hindu employees to observe
the festivals of Holi and Diwali.
22. Public Holidays
(a) All gazetted public holidays which fall between Monday to
Friday (both days inclusive) shall be paid public holidays.
(b) Where paid public holidays occur during a period of paid
annual leave or paid absence for sickness or injury, the
day or days will be added to the period of such leave.
(c) For payment for work on a paid public holiday: see Clause S
(a) (iv) (day workers), 9(b) (ii) (shift workers), and 28
(watchmen).
For minimum payment for work on a paid public holiday see
clause 9(a) (v).
(e) An employee absent without leave during the whole day
before a paid public holiday will be liable to forfeit
payment for the holiday. Forefeiture of pay may he
modified or waived at the discretion of the
Officer-in-Charge.
SECTION III - OTHER ALLOWANCES
Country Allowance
The following rates of country allowances are payable to an employee for
a total period of absence on outstanding duty necessitating absence at night
from home, that is from his usual place of residence:-
Quarters provided $5 per night (wef. 1/4/93)
Quarters not provided for the first seven nights at any one place: $10.00
per night (wef. 1/4/93)
Thereafter, i.e. from the eighth night onwards at any one place $7.00 per
night (wef. 1/4/93) accordance with parts
(b) When an employee is returned home during weekends in accordance with
parts (c) and (d) of clause 11, no country allowance is payable for the nights
the employee spends at his usual place of residence.
(C) Notwithstanding the provisions of (b) above, when an employee returns
to his usual place of residence during weekends during weekends at his own
expense, payment of country allowance will continue. However, if transport
is provided at any other times than as required by Clause 11(c), the employee
shall travel in his own time and the country allowance will not be paid.
(d) Transfer : Transfer means "permanent transfer", the proposition
of which has been put in writing in clear and at not less than 14 days' notice.
i.e. it means a situation in which a man does not have to maintain two homes.
(e) If (d) above has been complied with, then an employees on permanent transfer
will be paid a lump sum disturbance allowance of $200 effective 1.10.81).
Transferred employees are not eligible for transport in accordance with Parts
(c) and (d) of Clause 11.
(f) In the event of a transfer, the employee, his family and reasonable personal
effects will be transfer at the department's expense.
11. Transport and Travelling Allowances
(a) It is agreed that existing daily transport facilities for hourly paid
employees will be maintained by that any extension of the facilities will
he at the sole discretion of departments. In the event of daily transport
being provided for a particular job the transport will cease when the job
has been completed.
(b) The general rule covering travelling time by departmental transport is
that both the journeys in and out are made in the employees' own time when
proceeding to and from their homes or picking up points to Yards, Depots,
etc. When travelling from Yards, Depots, etc,, to their working points after
reporting for work and when returning from work, the employees journey in
the department's time, Employees who require to travel back to their Yard,
Depot, etc., from their working point after their normal finishing time will
be paid travelling time. The first hour to be at their normal hourly rate,
any time in excess to be at the appropriate overtime rate.
(C) Employees on outstation duty within their district who can be conveyed
by motor transport will be given transport to and from their normal place
of duty every second weekend. Travelling time will be one journey in employees'
time and the other journey in the department's time. Country allowance will
not be paid for the period that the employee spends at his normal place of
duty,
(d) Employees on outstation duty outside their districts or within their
district where sea or air transport is required, will be given transport to
and from their normal place of duty on or before every twelfth weekend. Travelling
time will be one journey in employees time and the other journey in the department's
time. Country allowance will not be paid for the period that the employee
spends at his normal place of duty.
Employees on outstation duties outside their districts who can be conveyed
by motor transport will be given transport to and from their normal place
of duty on or before every twelfth weekend. Travelling time will be one journey
in the employee’s time and, the other journey in the department’s
time. Country allowance will not be paid for the period that the employee
spends at his normal place of duty.
When employees are being conveyed by motor transport, seats and canopies
will be provided.
(g) Employees in (d) above may be allowed, provided all in the gang or group
so agree to fill time by working on Saturdays at normal time rates. Such arrangement
shall be for the purposes of enabling the employees to accrue wages for use
during their weekend at home.
(h) Transport for Overtime Workers.
When employees are required to work overtime after public transport on which
they may travel has ceased running, They shall be provided with free transportation
to a point Provided that the Officer-in-Charge shall have discretion, in appropriate
circumstances to authorise that such 5-mile limitation may be exceed
12. Height Allowance
The following allowances are paid to all employees irrespective of grade
when working at various heights which would entail an unbroken fall:
Height of Unbroken Fall Allowance
Up to 40 feet No allowance
41 to 100 feet 10c. per hour
101 to 15~ feet 20c. per hour ) wef 20.8.76
151 to 200 feet 30c. per hour
201 feet and over 40c. per hour )
Such allowances are paid only for the actual hours worked at the respective
heights.
13. Meal Allowance for Overtime Work
A meal allowance of $3.50 wef 02/04/93 shall be payable under the following
circumstances:-
(a) in respect of an evening meal: to all employees who commence overtime
before, and continue working such, after 6.30pm
(b) in respect of a morning meal: to all employees who commence working overtime
before, either as a result of recall or otherwise, and continue working such,
after 6am (provided that employees drawing early starting allowance shall
n9t be eligible for such meal allowances .)
in respect of a mid-day meal: to all employees who, without notification
the previous day commence overtime before, and continue such, after 1pm.
(d) This allowance will apply to all employees whether drawing country allowance
or not.
14. Wet and Dirty Working Conditions Allowances
(a) An employee engaged for not less than 75 per cent of his time in the
cleaning lavatories, T.R. Wards, and the burning of swabs, etc., from hospital
wards, or working in conditions which entail indirect contact with human excrement
shall he paid an allowance at the rate of 25 cents a day( wef1.10.81). If,
'7owever, the employee is only engaged on these duties as part of his normal
daily duties (i.e. less than 75 per cent) the allowance payable shall be at
the rate of 15 cents (wef 1.10.81.) a day
(b) An employee engaged on bailing out septic tanks or working in direct
contact with human excrement, or on the outlet rubble drain of a septic tank,
shall be paid double time. An employee working in conditions of other filth,
such as septic effluent, shall be paid an allowance of 10 cents per hour (wef
1.10.81.)
(c) An employee required in the course of his employment to enter a stream,
river, drain or other water, either flowing or stationary will be paid an
allowance of 5 cents per hour (wef 1.10.81). This allowance shall not he paid
unless the of water is 2 feet or more.
15. Other Miscellaneous Allowances
(a) Firing Explosives
When an employee is engaged on placing and firing explosives the difference
between his rate of pay and the Quarryman’s rate of pay will be paid
as an allowance in addition to his rate during such time as this work is being
performed.
(b) M/T Drivers
When driving trucks of over five tons maker's rated capacity, M/T Drivers
shall be during such time as this work is being performed and the employee
is attached to this type of vehicle.
[C) Diving
Every employee required to do diving duties will be paid $2.00 (wef 1.10.81)
for
every task completed. [This will apply in connection with slipping of vessels
in Marine Department, cleaning of Water Treatment Plants, clearing Bridges
during flooding (*PSC Circular 40/76). When an employee is required to use
self contained underwater breathing apparatus - double time shall he paid
for the
period during which the employee used the apparatus.
(d) Jack Hammers
When laborers are required to operate a pneumatic Jack hammer, or any other
similar heavy power tools an allowance of 8 cents per hour (wef 1.10.81) shall
be paid whilst so employed on road work.
(e) Chipping Bridges
When laborers are engaged on chipping bridges they shall be paid an allowance
at the rate of 4 cents per hour.
(f) Electricians
An electrician who obtains a Wireman's License will be paid 2 cents per hour
in addition to his normal rate of pay.
(g) Rice Transplanting
An employee engaged in transplanting rice in paddy fields shall be paid an
allowance of 5 cents per hour whilst s
(h) Confined Space
An employee required to work in a chamber, tank, pipe,or other similar confined
place in which means of entry are limited and which, in relation to his trade,
job constitutes abnormal working conditions and the dimensions of such place
necessitate working in abnormal working condition and the dimensions of such
places necessitate working conditions and the stooped or cramped position
productive of unusual discomfort shall be Pair3 an allowance of 20 cents per
he
or part thereof,
(i) Stay Wire Painting
An employee engaged on stay wire painting from a boson’s chair shall
be paid an allowance of 6 cents per hour whilst so engaged.
(j) Driving Instructions
Drivers engaged on teaching others to drive shall be paid of 6 cents per hour
whilst so engaged.
(k) Higher Responsibility
An unestablished employee appointed to relieve a Civil Servant shall be paid
an allowance of 20 cents per hour whilst engaged in such relieving duty (with
effect from 1/10/81).
(l) Night Attendant
An allowance of $1.00 per night shall be paid to Electric Plant Attendants
who are required to attend to such plants for a whole night (with effect from
1/10/81)
(m) Kabuta Miniature Cultivator Machine
An allowance of 8 cents per hour shall be paid to an employee while operating
on Kabuta Miniature Cultivator machine (with effect from 1.12.82),
SECTION IV - PAYMENT OF WAGES
16. Procedure of Payment of Wages
The pay week will end at midnight on Wednesday wef 1.1.70 and wages will
normally be paid weekly in arrears: on Thursdays, during working hours. Bay
for crews of vessels will be made up and be available for payment at the-
home port on normal pay days. It will be paid if the employee or an authorised
member of his family is present to collect it. In genuine cases of distress
employees may be paid the wages held in arrears at the discretion of the Officer-in-Charge.
(b) If an employee is unable to attend at the time of pay, he may authorise
in writing a member of his family to draw his pay. No person connected with
the recording of time, make-up or payment of wages, or distribution of pay
packets, may receive pay on behalf of another employee.
(C) Wages and any accrued annual holiday pay shall he paid on termination
of employment where an employee resigns, provided appropriate notice has been
given; but in the event of a number of employees being involved, wages shall
be paid not later than 12 noon on the day following the date of termination,
(d) Any error in the calculation of time worked, or pay due, must be notified
to a responsible person, in which event, provided there is no dispute the
error shall be corrected and the pay adjusted not later than two consecutive
working days after the pay day. In the event of dispute the adjustment will
be made as soon as possible after the dispute has been resolved, the dispute
being given priority within the department.
17. Conditions Governing Appeals Regarding Payments
(a) Special conditions:-
Any discrepancy between (i) the amount shown as due on the wages sheet or
pay packet, or signed for, and (ii) the actual amount of money received as
wages or allowances must be reported by the employee at the time of payment.
No subsequent claim for this type of error will be entertained. The loss of
a pay disc or token should be reported immediately
(b) General Conditions:
(i) Save in exceptional circumstances, as may be approved by the Head of
Department, no claim is admitted for pay or other benefits relating to any
period which ended more 90 days before the date of which the claim is made.
Once the claim is registered, however, delay in settlement will not affect
the claim, except as it may be modified by (ii) below.
(ii) Payment will not be made for any pay or benefit that may be admitted
under (i) above, for a time greater in retrospect than twelve calendar months
from the time the application is received.
(iii) It is understood that if a claim extending for a period of 12 months
is lodged within 90 days as required by part (i) above, the workman will be
eligible for compensation for: the 12 months and the lapse of time within
the 90 days not be deducted from his entitlement i.e. time taken within 90
n regard to the claim will not reduce the compensation provided it does not
exceed 12 months.
SECTION VII - PROTECTIVE CLOTHING AND OTHER FACILITIES
24. Schedule of Protective Clothings
Employees will be supplied with the items of protective clothing as
listed below. Protective clothing will either be issued on
permanent personal loan to employees or provided when required for
specific tasks at the discretion of the Heads of Departments.
(1) Employees engaged on general surveying duties. Malayan type canvas boots
on a replacement basis.
(2) Fire Rangers ... Khaki drill trousers and shirts (2 pairs annually)
(3) Drilling crew engaged in field work connected with geological survey.
Khaki overalls (2 pairsannually), boots and helmets
replacement basis.
(4) Employees handling wire, barbed wire and cable Suitable boots &
leather gloves when required.
(5) Laboratory attendants .. Rubber boots and other suitable equipment when
required.
(6) Linesmen Rubber boots, Protective gloves and rain coats on a replacement
basis.
Medical Examination
New entrants (not including casual employees) may be required to undergo
medical examination by a Government Medical Officer and to pass as medically
fit for the employment for which they are engaged. Employees may subsequently
have to submit themselves for medical examination as required,
2. Documentation on Entry
On entry, applicants are required to produce their Fiji National Provident
Fund membership numbers, and may be required to file Employee's Tax Deduction
Declaration Form P l . Applicants are also
required to furnish details of any previous Government service. This will
enable departments to determine whether such previous service is reckonable
for any benefit covered by these conditions and rules.
3. Record of Service Card
A record of service card will be kept by departments for every employee
as from the date of his recruitment.
4. Political Activities:
(a) Employees are at liberty to engage in political activities; they are
free to join a political party and they can hold office in a political party
they can attend private or public meetings of a political nature and may speak
and vote at such meetings;
(b) Employees can stand for election to the Legislature; and they may, if:
elected continue ~n hold their employment, subject only to the normal conditions
of such employment.
(C) An employee who is nominated for election will be granted leave of absence
without pay from the day of nomination until the declaration of the result
in the constituency for which he stood, but if he wishes, he may resume his
work in the mean time, it being clearly understood that any absences from
work in connection with political activities will be deemed to be absence
on leave without pay.
(d) An employee may be granted such paid holidays as his terms of service
provided including annual paid holidays, during the period of absence from
duty from nomination day onwards.
(e) If an employee is not elected he must return to duty within seven days
of the date of declaration of the result in the constituency in which he stood.
(f) If an employee is elected he will be entirely at liberty to conduct the
normal political activities (including attendance at sittings) of a Member
of Parliament but any absences from duty on this account should be arranged
with the prior agreement of the Head of Department, or his
representative, and will be regarded as approved absence without pay.
(9) No expenses of any kind will he met from public funds in respect of any
political activities. No facilities of Government such as boats, or any form
of official transport may be used in support of an election campaign or any
political activity. Government offices or buildings must not be used for political
meetings, nor may public meetings be held in Government quarters. Official
stationery and
other services must not be used for election purposes.
(h) Political pamphlets and posters must not be distributed or displayed
in Government offices, buildings, quarters, depots or other places of work.
Campaigning or political activity while on duty is prohibited.
Unauthorised Activities
(a) Unauthorised collection, trading, gambling, betting anti B forming lotteries
in any yard, depot or place of work,whether during working hours or otherwise
are strictly prohibited. No employee shall lend money at usurious rates, or
participate in, or the connected with, the business of a moneylender.
(b) Employees may not carry out in my work place any work of a private nature,
including the manufacture or repair of articles for their own use, without
receiving permission from the officer-in-charge of their section.
5. Government Tools and Other Property
(a) Employees are held responsible for the safe custody of any departmental
tools or other property in their charge for which the department holds the
employee's written acknowledgement, and should such tools or other property
carelessness or want on act of the employee, he will be liable to disciplinary
action. The Head of Department may however, allow an employee to refund the
value of the property in whole or part in mitigation of the penalty for the
offence.
(b) No tools or other property, whether personal or departmental may be taken
out of the yard, depot or place of work without a duly authorised pass.
Employees are liable to disciplinary action for the mis-appropriation of
Government tools or other property however, trivial or the aiding or abetting
thereof. Before an employee is paid of on discharge, he must return all Government
property which may have been issued to him in the course of his duties.
7. Compensation for Loss of or Damage to Personal Effects
While Government accepts no liability for an employee's loss of or damage
to personal effects (including tools of the trade) ex gratia payments may
be made where any necessary article is lost or damaged in the course of or
as a direct result of employment. In general, payment will only be considered
where it is established that the loss or damage has occurred in unavoidable
circumstances through no fault or negligence on the part of the claimant and
that the claimant made every effort to avoid the loss or damage.
No payment will be made in respect of money or other articles of value nor
will Government accept any responsibility in respect of personal effects left
overnight on departmental premises. Any
ex-gratia payment, where made, will be calculated on the basis of a contribution
towards the estimated actual value of the article at the time of loss or damage,
and will not be the replacement cost.
8. Intoxicants
The introduction into a yard, depot or place of work or the consumption of
intoxicants during working hours is strictly prohibited. Any employee breaking
this rule or found intoxicated will be liable to disciplinary action.
9. Smoking
Smoking is normally permitted except where specifically prohibited by notice
or unless in the opinion of the person in charge, it is dangerous.
10. Accident Prevention
(a) Employees are expected to do everything possible to prevent accidents
happening either to themselves or to others, and to make themselves familiar
with all the rules and methods
which apply to their work and with the safety devices which are installed
for their benefit.
(b) Machines are not to be cleaned while they are working. No employee should
go close to rotating and unguarded shafting. Where guards are provided for
machines, employees shall not operate the machines unless the guards are in
place, and employees who neglect to use fencing or machinery guards provided
for their safety are liable to disciplinary action. Employees are strictly
forbidden to
remove or replace belts on shafting unless authorised to do so by the person
in charge.
(c) Where employees are provided with suitable protective clothing and appliances
required for their work, failure to make proper use of this protection renders
the employee liable to disciplinary action.
11. Accidents Involving Personal Injury to Employees
(a) All such accidents, however trivial, should be reported as soon as reasonably
possible to the person in charge and should he entered in the accident book
which is provided for the purpose.
(b) Where necessary, the Department will provide transport to a hospital
or clinic for treatment for employees injured at work.
[c) Further claims are governed by the Workmen's Compensation Act Cap 94
(1978 edition), In any instances where a case for compensation may arise the
employee may he required to produce a certificate of medical fitness before
resuming work. Reasonable expenses incurred in the production of such a certificate
shall fall on the department.
12. Medical Facilities
Employees will he provided with the following medical facilities, which
are generally in accordance with the provisions of the Employment Act Can
92 (1978 edition) and Regulations made thereunder,
as amended from time to time.
(a) To meet cases of minor illness or injury first aid equipment will be
provided, including the provision of such drugs and dressings as may be necessary
in such cases. This provision will extend to members of an employee's family
living with him where they are quartered on Government property with him where
they are quarted on Government property with the knowledge and consent of
the Officer-in-Charge. It will not apply in any case where the illness or
incapacity is occasioned by the neglect or fault of the employee or the members
of his family. The Officer-in-Charge will take all reasonable steps to ensure
that every case of illness of an employee and of a member of an employee’s
family who is living on Government property is brought to his notice.
(b) In cases where, during the period when an employee is under the control
of management in pursuance of his conditions of service, there is reasonable
cause to believe that he is suffering from illness or injury whether contracted
as a result of his work or not, and the nature of the illness so required
it, medical treatment will be provided(with the consent of the employee).
Medical treatment means treatment at a dispensary or general out-patient clinic
or in a public ward of a public hospital, or on the instructions of the Officer-in-Charge
(or person authorised by him) in cases where the above facilities are not
available, medical attention given by a registered medical practitioner, and
shall extend until the termination of employment for a maximum period of 21
days, whichever is the less.
(C) First aid as in (a) above, and medical treatment as in (b) above, will
be provided at Government expenses except in cases where the illness or injury
is proved to the satisfaction of the Permanent Secretary for Employment and
Industrial Relation have been contracted prior to employment, or to be attributable
to illness or injury contracted prior to employment, or contracted to circumstances
not arising out of and in the course of his employment. Medical treatment
includes the cost of the
employee's maintenance at a hospital, but does not include any charges for
special m~dici7es, dressings and other medical supplies, X-ray and laboratory
examinations arising out of such treatment.
(d) Where an employee is eligible under (c) above for medical treatment at
Government expense he will, in respect of each visit to a dispensary or general
out-patient clinic for out-patient treatment and in respect of each admission
to a public hospital for in-patient treatment, obtain from his Officer-in-Charge
(or person authorised by him) a Government Unestablished Employee's Exemption
Certificate. This is a serially numbered certificate which authorises the
medical officer to give free treatment, and which is valid for one visit or
admission only. In the case of out-patient treatment the certificate, after
cancellation by the Medical Officer, must be returned to the Officer-in-Charge
(or person authorised by him) immediately after treatment or as soon as possible
thereafter. In the
case of in-patient treatment the certificate will be retained by the medical
officer for attaching to the
In-Patient Folder.
(e) When an employee is required to be taken to a public hospital for medical
treatment in accordance with (b), or as a result of being injured at work,
transport Government expenses will he provided to convey him to hospital.
(f) The following first-aid equipment will be kept readily available for
use in each department, including branches thereof, yards, depot and work
camps:
No. of person employed there:
10 or less 11-50 over 50
Adhesive Plaster
& Elasto-Plast 1 spool 2 sp. 4 sp.
Lint or Gauze 1 roll 2 rolls 4 rolls
Bandages:
1 inch Gauze 2 rolls 6 rolls 12 rolls
2 " 2 rolls 6 rolls 12 rolls
3 " fi 2 rolls 6 rolls 12 rol\s
Cotton Wool 1/4 Ib 1/2 Ib 1/2 Ih
Antiseptic Wound
Lotion(Acriflavine) 10 ozs. 1 pint 2 pints
Aspirin or APC
Tablets 20 50 100
(9) Where not less than 100 employees are working in any one yard, deput
or place of work where no public Hospital or dispensary facilities are available
within 4 miles by road, a room for the treatment of the sick and registered
nurse to supervise the treatment and care of the sick will be
provided.
13. Notification of Sickness
(a) Subject to Rule 14(1) below an employee must forward a doctor’s
certificate not later than the fifth day of absence, Failing which be may
he treated as an absentee.
(b) An employee may be required by the department in special circumstances
to submit to medical examination or to furnish a medical certificate for retention
by the department. Reasonable expenses incurred in the production of such
a certificate shall fall on the department.
14. Attendance and Timekeeping
(a) Employees are under an obligation to attend at their yard, depot or
normal place of work at the appointed time and bad timekeeping will render
an employee liable to disciplinary action. An employee who is unable to attend
for duty should if practicable inform his immediate superior or arrange for
him to be notified as soon as possible.
(b) Employees engaged on shift work may not leave their work until they are
relieved or have permission to depart.
(c) Where time clocks are provided, employees are required to clock in on
such clocks at the time of starting work each morning and on finishing work
at the end of the day. (Employees detailed to work overtime will clock off
at the actual time of finishing overtime). Where time clocks are not provided,
department will endure that the exact times not provided, departments will
endure that the exact times of each employee’s starting and leaving
dare recorded.
(d) An employee tampering with a time card or with any clock, card or clocking
another employee’s card, or falsifying a time sheet, or deliberately
failing to clock in, will be liable to disciplinary action.
(e) If an incorrect stamping or an alteration has been made to an employee's
card or time-sheet or if he finds that it has been stamped by another workman
be must at once report it or be held responsible for the irregularity.
(f) Where a time clock is provided, in the event of an employee failing to
clock in, the officer in charge of the Section may nevertheless sanction payment
if he is satisfied that the time has been worked.
(g) Employees are expected to stand by the consequence of their own lateness
whatever the cause. Deduction of pay of late arrivals will be made up to and
including the quarter in which the employee arrives late. However, a maximum
of five minutes grace may at the discretion of the
Officer-in-Charge be allowed in respect of late attendance at starting time.
Uniforms, etc
Where employees are required to wear uniforms or aprons they shall be supplied
free of charge, and, where convenient, shall e laundered also free of charge.
All uniforms and aprons shall remain the property of the department..
16. Certificate of Discharge
If requested a certificate of service shall be given to an employee on discharge.
References in any other form, or personal testimonials, will not be given.
Conditions and Rules of Employment for
Government Unestablished Employees
These Conditions and Rules of Employment shall come into force on 1st January,
1968, and shall cancel and supersede all pervious conditions and rules issued
by the Government Wages Committee or contained in earlier agreements between
the Public Works Department and Public Work and Allied Workers’ Union
(now the Public Employees’ Union) or between Government and Public Employees”
Union and /or the Fijian Government Workers’ Union.
SECTION VI - SICK PAY
23. Sick Pay
After the completion of "three months continuous service - (effective
20.8.76.) an employee will become eligible for sick pay at the normal
rate of pay under the following terms: -
(a) 12 working days per annum on full pay for absences on
account of sickness as an out-patient. This may be
accumulated up to a maximum of 24 working days.
(b) 20 working days per annum on full pay for absences on
account of sickness as in-patient. For this purpose the
term "in-patient" includes an employee undergoing a properly
certified post-hospitalization treatment at home. That is
to say, an employee discharged from hospital after
in-patient treatment who is required to undergo a period of
treatment or convalescence outside hospital immediately
following his period as in-patient may count such
treatment or convalescence as in-patient treatment for the
purpose of this clause. *This may be accumulated up to a
maximum of 40 working days. (*effective 1.12.82)
(C) Sick pay will only be paid on the production of a
certificate for each illness from a registered medical
practitioner or Government Medical Officer to the effect
that the employee is unfit for work, or has attended for
and been given treatment, or is required to attend for
treatment or dressing.
(d) The terms of (b) above will also apply if a Government
Medical Officer certifies that an employee would have seen
admitted as an in-patient but for lack of accommodation,
and the employee will, for the purpose of sub-paragraph
(b), be deemed to have been receiving treatment as an
in-patient.
(e) The maximum amount of sick pay that can he given at any
time is *76 working days (+effective 1.12.82) consisting of
not more than 24 days accumulated, 12 days for the current
year as an out patient, and 20 days for the current year as
an in-patient. The out-patient entitlement may be applied
to in-patient treatment but not vice versa.
(f) The following absences will he deemed not to interrupt
continuous service for the purpose of sick pay:-
(i) periods, not exceeding in aggregate 36 working
days in any one year, during which an employee is
stood down because of lack of work;
(ii) aggregated absences for all causes not exceeding
36 working days in any one year excluding annual
leave, certified sickness and absences caused by
industrial accidents and for which periodical
Payments are made under the provisions of the
Workmen's Compensation Act Cap 94. (1978 edition).
(g] Sick pay will not be granted as Of right, and may be
withheld for good reason e.g. where the incapacity is the
result of misconduct on the part of the employee), subject
to right of appeal to the Head of Department,
(h) The three months continuous service on first engagement of
an employee shall be counted towards the twelve months
continuous service for sick leave entitlement,
(effective:1.12.82)
SECTION VIII - SPECIAL CONDITIONS OF CERTAIN GRADES
28. Watchmen
These Conditions and Rules of Employment are applicable to Watchmen
except as varied by the special conditions shown below:
(a) Hours of Work :- Watchmen will work on alternate nights
and under normal circumstances their hours of work will
total 1191/2 hours in any fortnight. By way of example,
the hours of P.W.D. Watchmen are normally worked as
follows :-
'A' DUTY
Sat. 5pm - 7am = 14 hours
Sun. 5pm - 7am = 14 hours
Mon. O F F
Tues. 5pm - 7am = 14 hours
Wed. OFF
Thurs. 5pm - 7am = 14 hours
Fri. OFF
'B' DUTY
Sat. 7am - 5pm = 10 hours
Sun. 7a~ - Spm = 10 hours
Mon. 5pm - 7am = 14 hours
Tues. OFF
Wed. 5pm - 7am = 14 hours
Thurs. OFF
Fri. 3.30pm - 7am 151/2hours
Each Watchman works alternate weeks on 'A' Duty and 'R' Duty.
(b) Overtime :-
Watchman qualify for overtime rates only if they work in excess of the hours
specified in (a) above, i.e. their normal hours of 1191/2 per fortnight will
be remunerated at their normal time rate (which includes a built-in overtime
element).
(C) Public Holidays & Rostered Days Off:-
The provisions of Clause 9(a) (iv) and (v) regarding pay for working on paid
public holidays, and rostered days off are applicable to Watchmen.
29. Other Special Conditions
(a) Employees as defined hereunder may be Rostered to work 5, 51/2 or 6 turns
of duty in the week, with Sunday ranking as an ordinary working day :-
(i) Employees (generally known as Stockmen) whose duties are connected with
animals and/or poultry
(ii) Domestic workers in residental schools, hospitals, old people's homes,
etc.
(iii) Ambulance Drivers - Labasa Divisional Hospital and rural hospitals.
(iv) Such others as may be agreed.
Any time worked outside their fixed duty hours will beremunerated in accordance
with the normal overtimearrangements laid down in Clause 9(a), with the exception
that Sunday may rank as an ordinary working day and that under such an arrangement
the employee is required to work
on his rostered day off (i.e. the day normally given in lieu of Sunday) the
hours worked will be remunerated at double time rate.
(5) Ambulance Drivers at Labasa Divisional Hospital and a rural hospitals
required for emergency duties outside their fixed working hours will be paid
at the recognised overtime rate for the time so worked; it being understood
that employee! coming within this arrangement would need t~ h~ located ii
required.
(C) The following are fixed duty hours agreed :-
(i) Queen Victoria School
Occupation - Normal Hours of Duty
Head Stockman) Assistant Dairyman):-- Any five days out of seven in the week
5.30 am to 8.00a~
9.00 am to 12noon
2.00 pm to 5.30p~
(4.30 pm on Wednesday)
Fencer - Five days From Monday to Friday
Note:
The Fencer would-l he required to relieve the Assistant Dairyman during annual
leave or sickness, when he would be booked to work the same hours and be paid
at the appropriate rate.
Tractor Driver - Five days out of any seven days as required to cart rubbish.
Alternate weeks
Cooks (Two) A. - 5.30am to 9.00am
--------------------- 2.30pm to 8.00pm
B . - 9.00am to l.30pm
------2.30pm to 8.00pm
(with alternated Saturdays
and Sundays free from duty).
(ii) Ratu Kadavulevu School, Lodoni
Occupation Normal Hours of Duty
Head Stockman /Stockmen - Any five days out of seven ithe week made up of
4 periods totaling 9 hours and one of 8 hours:
4.30am to 7.00am
9.00am to 12 noon )9 hour
2.30Dm to 6.00pm )period
Cooks/ Kitchen Hands - Any five clays out of seven in the week.
Shift A
5.30am to 7.00am
9.00am to 12 noon
2.30pm to 6.30pm
Shift B
6.00am to 8.30am
10.00am to 1.00Dm
3.00pm to 6.00pm
(iii) Koronivia Research Station
(Subject to modification in light of experience, but all to work five days
out of seven in the week).
Dairyman
Monday to Friday A. 3.00am to 8.00am
-------------------------2.00pm to 8.OOpm
-------------------------4.00am to 8.00am
-------------------------9.00am to 11.00am
-------------------------2.30pm to 5.30pm
Saturdays and Sundays A. 3.00am to 6.30am
---------------------------------2.00pm to 4.30am
------------------------------B. 4.00am to 7.00am
---------------------------------2.30pm to 5.30 pm
Pig and Poultryman
Monday to Friday 7.00am to 11.00am
---------------------2.00pm to 6.00pm
Saturdays and Sundays 7.00am to 10.00am
------------------------------3.00pm to 6.00pm
Note: Relief to work four 8 hours days and two six hours days.
(iv) The daily hours of all employees coming under Clause 29 (al
(i) to (iv) are not yet finalised, except for those listed
above. They are currently under negotiations, and when
settled will become part of this agreement.
30. Crews of Vessels
Special conditions applicable to crews of vessels have still to be
negotiated
SECTION XII - TERMINATION OF SERVICE
44. Length of Notice on Termination of Service
(a) An employee who is discharged, for reasons other than serious indiscipline
as provided for in Clause 37(a), will be given one week's notice or pay in
lieu of notice.
(b) An employee wishing to terminate employment will be required to given
one week's notice, In this connection attention is drawn to Clause 16(c).
(C) In the context of this clause a week means seven consecutive days.
45. Provision of Wages and Passages on Termination of Employment of Employees
on Outstation Duty
(a) Employees engaged on outstation duty away from their normal place of
duty will have their passages paid back to their normal place of duty in the
event of being discharged as
redundant. The passage provided under this Clause will be given by means of
a passage order and not in cash to the employees concerned.
(b) In the case of redundant employees they will also be paid their wages
at normal rates for the period of the journey from the outstation back to
their normal place of duty.
(C) If an employee is dismissed or resigns whilst on outstation duty his
return passage will be paid in accordance with the Employment Act, Cap 92,
(1978 edition), together with his subsistance expenses for the period of the
journey from the outstation back to his normal place of duty.
46. Termination Due to Unauthorised Absence
An employee who absents himself without leave for five consecutive Working
days may be held to have left his employment and unless other wise decided
my be struck off the books. Provided that if at the earliest opportunity and
not later than one week after the fifth day of absence the employee provides
a reasonable explanation he may be reinstated.
47. Redundancy Notification
(a) The Officer-in-Charge will notify the Secretary of the union and the
appropriate Section Representatives of any redundancy involving more than
five employees, not less than fourteen days before the redundancy is due to
take Place so that the Union may be able to discuss the timing
and manner of discharge. In redundancies of less than five employees the Officer
- in- Charge will, unless it is not possible, give similar notification,
(b) When notice of discharge on redundancy is given to an employee, the Officer-in-Charge
will send a copy of such notice to Secretary of union, including the number,
name, grade and date of commencement of continuous service of the employee
with his department.
48. Redundancy Procedure
(a) In the event of redundancy a nominal roll will be of all employees in
the grade affected in the branch of the department concerned, listing name,
number, grade and date of commencement of continuous service.
Employees will be selected for discharge in the following order:-
1. Volunteers
2. Employees over 60 years of age with less than a months service.
3. Other employee according to length of service, (that is, last in first
out) but regard will be given to the efficiency of the department.
Terms of discharge on redundancy : all employees discharged under this procedure
will he shown as discharged on redundancy,
(i) An employee who is discharged on redundancy shall, in the event of applying
or being submitted by the Union for a subsequent vacancy be accorded priority
for employment over other candidates, provided that the employing department
shall have discretion in effecting selection for re-engagement as between
such former redundant employees.
(ii) For the purpose of the [receding paragraph, vacancies shall, unless
impracticable, be notified by department s to the Union.
Retirement
An employee may be retired on or after reaching the age of 55 years subject
to continuing efficiency an employee may, however, be retained beyond that
age.
50- Gratuities and the Fiji National Provident Fund.
The conditions for payment of gratuities to enestablished employees are governed
by Regulations 21 and 22 of the Pensions Act, 1983.
(a) Those employees who were imployed by the Government on or before January1,
1983 are covered by Regulation 22. They are not required to contribute to
the Fiji National Provident Fund, because the benefits provided by Regulating
25 are more favourable than the National Provident Fund.
Employees who started work after January 1, 1938 are covered by Regulation
21 and are required to contribute to the Fiji National Provident Fund, but
it is agreed that no employee who has had a period of service with Government
before the introduction of the Fiji national Provident Fund will forfeit eligibility
for the retiring benefits which would have been provided for him under Regulation
21 on normal retirements in respect of that period of service.
The following are the alternatives to apply:-
If on the 1st August 1966, the employee was not eligible to retire with a
gratuity, i.e. he was less than 45 years of age, and/or had less than fifteen
years service, and none of the other conditions for payment of a retiring
award under Regulation 21 was applicable, e.g. medical retirement, or abolition
of office he may
EITHER
When he satisfied any of the proceeding conditions for a gratuity under Regulation
21, retire and receive his gratuity, in which case his gratuity will be computed
on his wages at the date of such retirement. If he reaches the age of 45 years
between 1st August, 1966, and the date he receives his option form, the normal
period of notice of retirement shall commence from the date of issue of the
option form.
Or
(2) In the same circumstances as (1) above, opt that his gratuity be paid
into the National Provident Fund, and remain in the Fund until it may be paid
out to him by way of benefits as provided under the rules of the Fund.
If on the 1st August, 1966 the employee was eligible to retire with a gratuity
i.e. he was over 25 years of age, and had at least fifteen years service;
or some other conditions set out in Regulation 21 applied e.g. medical retirement,
or abolition of office under which medical retirement or abolition of office
under which eligibility for a gratuity existed, he may
EITHER
Opt to retire with effect from the expiry date of normal notice of retirement
commencing from the date of issue of the option form, and his gratuity will
be based upon his wages at the date of such retirement.
OR
(2) In the same circumstances as (1) above, opt that his gratuity be paid
into the National Provident Fund, and remain in the Fund until it may be paid
out to him by way of benefits as provided under the rules of the Fund.
SECTION XI - TRADE UNION CONSULTATION AND GRIEVANCE PROCEDURES
39. Union Section Representatives
All organised employees may have representatives known as Section Representatives
to act on their behalf. The appointment of Section representatives will be
determined by the Trade Union concerned, covering as far as possible the various
sections, yards, and depots
of the department.
Section Representatives will be subject to the control of the Trade Union
and will act in accordance with the rules and regulations of the trade union.
No Section Representative will he recognised in
advance of the written approval of the Trade Union concerned, expressed through
the appropriate officer of that Trade Union.
40. Facilities Afforded to Section Representatives
Section Representatives will be afforded facilities to deal with questions
raised by employees in the section, yard or depot in which they are employed.
In all other respects, Section Representative
will conform to the same rules and regulations and working conditions of the
department as for other employees.
41. Right of Entry
The General Secretary of a recognised trade union or his accredited representative
will, with the prior consent of the Officer-in-Charge(which shall not be reasonably
withheld) be permitted to enter
departmental premises at any reasonable time to interview an employee.
42. Notices and Meetings
Where notice boards are provided in Government establishments or places of
work, the prior permission of the Officer-in-Charge must be obtained for any
sign, bill or notice to be displayed, and shall not reasonably be withheld.
Subject to (a) above, trade union notices may be displayed on notice board.
The prior permission of the Officer-in-Charge must be obtained for the holding
of any meeting of employees in any establishment or place of work.
Officers of a recognised Trade Union may be given reasonable facilities for
holding meetings in suitable departmental premises outside working hours to
discuss legitimate and recognised trade union affairs.
43. Grievance Procedure
Where an individual employee (or small of employees) has a problem or grievance;
(a) he should first approach his immediate superior. In making
such an approach he may, if he wishes, be accompanied hi
either a fellow employee or a union representative,
(b) if the employee is not satisfied with the decision or
action proposed, he may be accompanied by a trade union representatives
or a fellow employee), advising his immediate superior that he is doing
so. Alternatively, he may refer his case to his union to
act on it.
(C) if the matter, having been dealt with under paragraph (a) and (b) above,
is still not disposed of to the satisfaction
of the employee, or the union as the case may he, he or
union may appeal to the Head of the Department who will
consider the case, and may require it to be stated in
writing
(d) This procedure would not preclude a problem or grievance being raised
by a trade union direct with the department, in which case the approach would
normally be made to the Officer-in-Charge
(e) If no settlement is reached under paragraphs (a) to (d) above the union
may take up the matter with the Secretary of the Public Service Commission
(f) At all stages above the matter must be dealt with
expeditiously.
Matters concerning individual employees, or small groups of employees, may
be brought before the Joint Industrial Council if they cannot be cleared by
direct representation to management in accordance with the above grievance
procedure.
"SECTION II - HOURS OF WORK AND OVERTIME PAY
[ INCLUDING STARTING AND SHIFT ALLOWANCES ]
4. Normal Hours of Work
The normal working week will comprise 44 hours worked over 5 days from Monday
to Friday except in the case of employees in respect of whom other arrangements
have been agreed (see Clauses 28 to 30).
5. Inclement Weather Minimum Payments:-
Where in any pay week, an employee has reported for work but has been prevented
from starting work by reason of inclement weather, and for whom suitable alternative
work is not found, the following rules will apply :-
(a) Provided the employee has reported for work at normal working times :-
(i) If work is not started or if he has worked for any period less than three
hours on any one day and the job is rained-off, he will receive the difference
between his actual working time and three hours; although he may have completed
his thirty-two hours in that week.
(ii) Where an employee is unable to work a minimum of thirty-two hours in
any pay week, the difference between the time actually worked and the thirty-two
hours will be paid as a minimum working week inclusive of any allowance made
under Sub-clause (i) above.
(b) If an employee does not report at normal starting time on any one or
more days the guaranteed minimum week will he educed proportionately shown
below-
Number of days Employee Failed to report at Normal Staring Time No. of Hours
to be taken as minimum weekly Payment
1 25 1/2
2 19
3 12 1/2
4 6
5 Nil
6. Task Work
When the task work system is used by departments the following general principles
shall apply :-
(a) Tasks shall be fixed with regard to the nature of the work performed
and be based on the output of an employee of average ability working with
diligence.
(b) It is agreed that from the nature of the various tasks standard times
cannot be laid down for all tasks of the same type. Regard will therefore
be to local conditions,
(c) The general application for task work is related to work performed on
road maintenance and associated work.
The principle covering the size of task set will be based on the general
standard that an employee, working under the conditions at (a) above, will
complete the task in 7/9ths of a normal working day.
7. Meal Intervals
An unpaid meal interval of one hour will normally be allowed under standard
conditions of ordinary day work, but in exceptional circumstances arising
from the nature of a particular operation, employees may be asked to vary
the time and duration of the meal interval:
(a) by altering the starting time to begin either earlier later in which
case the interval will still be of normal duration;
(b) by taking not less than 30 minutes if the full hours cannot be taken.
In this event work will continue until normal finishing time and the extra
period of duty will rank as overtime.
Note In cases where a meal interval of one half hours duration has been agreed
the provisions of (b) above will not apply.
8. Morning Break
A ten minute break will normally be allowed during the morning. Any abuse
of this concession will lead to its withdrawal. It is agreed in principle
that facilities for boiling water will be provided for use in tea and meal
breaks.
Overtime Pay (Including Early Starting 6 Shift) Allowances
ALL employees, other than those who are subject to special conditions
(see Clauses 28 to 30) will receive overtime payments in the
following circumstances :-
(a) Day Workers
After completing their normal hours of work irrespective of what the normal
starting time may be, if required to continue working they will then become
eligible for overtime :-
(i) For all hours worked up till midnight at the rate of time and a half;
(ii) For all hours worked between midnight and normal starting time or the
(vi) below apply;
(iii) For all hours worked between midnight Saturday and , Midnight Sunday
at then rate of double time;
(iv) For all work performed on paid public holidays at the rate of time and
a half (in addition to holiday pay).
(V) For any work performed on a Sunday or day off given in lieu (but not
for both), or a paid public holiday employees, will be paid a minimum payment
equivalent to three hours work at the appropriate overtime rate.
(vi) All overtime worked on recall after the normal day's work shall be paid
from the time of reporting for duty at the rate that would have been paid
had the employee worked continuously without a break,
(vii) Employees who are required to work night shifts will be paid at the
rate of time and one-fifth for the number of hours they would normally work
in a day.
If an employee continues at work, the first seven hours of overtime will
be paid at the rate of time and a half, and any further hours worked will
be at double time.
(viii) An employee must work through night shift hours for not less than
three consecutive nights to qualify for night shift payment of time and a
fifth.
(ix] When an employee has worked overtime he will normally have an interval
of not less than 8 clear hours off work before;
e.q. Assume (i) Overtime ends at 3 a.m,
(ii) Normal starting time is 7a.m
Then the 8 hour break will end at 11 am and the employee will receive normal
time rate for the period 7am to 11 am provided that he reports for work at
11am normal starting time, he will be paid as follows :-
From the time he actually started working till his normal starting time he
will receive, in addition to his normal rate, an allowance of 5 cents per
hour. After he has worked a period equal to his normal working hours he will
be permitted to continue working until normal finishing a time and the hours
worked in excess of a normal working day will be paid at overtime rates. This
allowance of 5 cents per hour is designed to compensate an employee who, for
a limited period is called upon to start work earlier than his normal time
due to flood damage, etc., also to compensate an employee who, for a limited
period is called upon to start work earl (such as tarboilers while bitumenising
is in progress). It will not be paid to an employee, who owing to the requirements
of the job, must start work regularly either before or after normal starting
time.
(b) Shift Workers
(i) Employees who are required by virtues of their duties, to work on a regular
rotating shift system, will be paid an allowance of 5 cents per hour for all
hours worked, provided that the normal shift hours for that pay week have
not been exceed.
When the normal shift hours in any one pay week are exceeded normal overtime
rates will be paid on excess hours but the 5 cents allowance will not be paid
for hours worked in excess of normal shift hours in excess of normal shift
hours.
(ii) Shift workers will be paid at the rate of time and a half worked on
paid public