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Morgens Lawyers

Morgens Lawyers

Port Moresby, Papua New Guinea

Founded in 2018
8 people in their team
We are a Papua New Guinean Law Firm that specialises in climate change law, administrative law and judicial review, corporate law, contracts law,...
English

About Hiring & Firing Law in Port Moresby, Papua New Guinea

Hiring and firing laws in Port Moresby, Papua New Guinea are regulated under the country's employment laws. These laws aim to ensure fair treatment of employees, while also providing clear guidelines for employers. Key areas include protection against unfair dismissal, right to due process, and correct procedures for hiring.

Why You May Need a Lawyer

Disputes can arise in the workplace for a variety of reasons. Issues such as perceived unfair dismissal, neglect of due process in termination, or discriminatory hiring practices can lead to legal disputes. If an individual feels that they have experienced these or other forms of employment law violations, seeking the advice of a lawyer can be crucial in understanding your rights, potential remedies, and navigating the legal process.

Local Laws Overview

The Employment Act and Industrial Relations Act are two fundamental laws regulating hiring and firing in Papua New Guinea. Key considerations include notice periods, justifiable reasons for firing, redundancy and related compensation, retirement age, and protection against discrimination in hiring. It is crucial for both employers and employees to understand these laws and their implications.

Frequently Asked Questions

What is considered an unfair termination?

An unfair termination is one that does not follow due process or is done for reasons prohibited under employment law. This could include firing due to pregnancy, whistleblowing, race, or religion.

What is the required notice period for termination?

Notice periods are generally outlined in the contract of employment, but if not specified, they are dictated by the Employment Act. Typically, for employees who have worked for more than 3 months, a week's notice is required.

Am I entitled to severance pay if my employment is terminated?

Generally, employees who have been made redundant are entitled to severance pay. The amount varies and is typically based on length of service.

Can I file a complaint if I feel I have been unfairly terminated?

Yes, if you feel you have been dealt with unfairly by your employer, you can file a complaint with the Department of Labour and Industrial Relations. A lawyer can also help with this process.

What protections do I have against discrimination when applying for jobs?

The Constitution of Papua New Guinea protects individuals from discrimination on various grounds, including but not limited to race, tribe, place of origin, and religion. The Employment Act also outlines further protections.

Additional Resources

The Department of Labour and Industrial Relations is a valuable resource for understanding employment laws and regulations in Papua New Guinea. Other resources include the Employers' Federation of Papua New Guinea and the Papua New Guinea Trade Union Congress.

Next Steps

If you need legal assistance with a hiring or firing issue, seek prompt advice from a lawyer with experience in Papua New Guinea's employment law. They can guide you through potential legal avenues, represent your interests, and help to ensure that your rights are protected.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.