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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 Labor Law in Port Moresby, Papua New Guinea

Labor Law in Port Moresby, Papua New Guinea governs the relationship between employers and employees in the workplace. It covers a wide range of issues such as employment contracts, working hours, wages, leave entitlements, and workplace safety. The main legislation that regulates labor rights in Papua New Guinea is the Employment Act 1978. It is important for both employers and employees to understand their rights and obligations under this law to ensure a fair and harmonious working environment.

Why You May Need a Lawyer

There are several situations where you may need to seek legal help in the field of Labor Law in Port Moresby, Papua New Guinea:

1. Employment Contract Disputes: If you are facing issues related to the interpretation, breach, or termination of your employment contract, a lawyer can provide guidance and representation.

2. Unfair Dismissal Claims: If you believe you have been unfairly dismissed from your job, a lawyer can assist you in understanding your rights and exploring legal remedies.

3. Workplace Discrimination and Harassment: If you have experienced discrimination or harassment in the workplace based on factors such as gender, race, or disability, a lawyer can help you seek justice and compensation.

4. Wage and Employment Benefits Disputes: If you are having problems related to unpaid wages, entitlements, or benefit claims, consulting a lawyer can help you navigate through the legal processes and recover your rightful dues.

5. Occupational Health and Safety Issues: If you have concerns about workplace safety standards or have suffered an injury at work, a lawyer can guide you on your rights and options for compensation.

Local Laws Overview

When dealing with labor-related matters in Port Moresby, Papua New Guinea, it is important to be aware of the following key aspects of local labor laws:

1. Employment Contracts: The Employment Act 1978 requires employers to provide written contracts to employees, clearly stating the terms and conditions of employment, including job description, wages, and working hours.

2. Working Hours: The maximum working hours prescribed by law are 48 hours per week for non-shift workers. Overtime rates should be paid for hours worked beyond this limit.

3. Leave Entitlements: Employees are entitled to both annual leave and sick leave. Annual leave is usually calculated based on the length of continuous service.

4. Termination and Dismissal: Proper termination procedures must be followed by employers, and employees cannot be terminated unfairly or unlawfully. Dismissal can only be justified for valid reasons and requires adherence to due process.

5. Occupational Health and Safety: Employers are obligated to provide a safe and healthy working environment for employees. Compliance with safety standards, reporting incidents, and providing appropriate training and protective equipment is essential.

Frequently Asked Questions

1. Can an employer terminate an employee without notice?

No, employers cannot terminate an employee without notice. The Employment Act 1978 requires employers to provide notice or payment in lieu of notice, except in cases of serious misconduct.

2. Am I entitled to a redundancy payment if I am made redundant?

Yes, if you are made redundant, you may be entitled to a redundancy payment based on your length of service. The specific calculation and eligibility criteria may vary, so it is advisable to consult a lawyer for guidance.

3. What should I do if I am a victim of workplace harassment?

If you experience workplace harassment, document the incidents and report them to your supervisor or employer. If the issue is not resolved or you face retaliation, it is recommended to seek legal advice to understand your rights and explore further actions.

4. How long does annual leave accrue?

Under Papua New Guinea labor laws, annual leave accrues at the rate of one and one-quarter days for each month of continuous employment.

5. Can an employer pay me less than the minimum wage?

No, employers must pay at least the minimum wage as set by the National Minimum Wage Board. If you believe you are not receiving the minimum wage, you can report the matter to the Department of Labor and Industrial Relations or seek legal assistance.

Additional Resources

If you need further information or assistance regarding labor law in Port Moresby, Papua New Guinea, the following resources may be helpful:

- The Department of Labor and Industrial Relations

- Papua New Guinea Chamber of Commerce and Industry

- Papua New Guinea Law Society

Next Steps

If you require legal assistance in the field of Labor Law in Port Moresby, Papua New Guinea, the first step is to consult a qualified lawyer with expertise in labor matters. They can assess your situation, provide specific advice, and guide you through the legal process to protect your rights and interests. It is important to act promptly to ensure compliance with any relevant time limits or deadlines.

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.