In Kiribati, the primary legal framework for employment termination is the Employment and Industrial Relations Code 2015 (EIRC 2015). Termination can be initiated by either the employer or the employee, but lawful grounds must exist.

Lawful Grounds for Dismissal

Valid reasons for an employer-initiated termination include serious breaches of workplace policies, insubordination, illegal activity, consistently failing to meet job requirements or standards, and the elimination of an employee's position due to economic or operational needs.

Notice Requirements

According to Section 103 and 105 of the EIRC 2015, the employer must provide a written notice of termination. The length of the notice period depends on the employee's length of service. Similarly, the employee must also provide a formal written notice of resignation. The required length of this notice period will normally be specified in the employment contract.

Severance Pay

Severance pay is not always a legal requirement in Kiribati, but it may be due in certain circumstances. For instance, employees made redundant may be entitled to severance pay as outlined in their employment contract, collective bargaining agreement, or as determined by the employer in consultation with the Labor Division.

Important Considerations

Employers must follow fair procedures and provide substantiation for termination to avoid a claim of unfair dismissal. When possible, employers should consult with the employee before a final termination decision, particularly in redundancy situations. The Labor Division of the Ministry of Employment & Human Resources Development in Kiribati can provide advice and mediation in matters of employment termination.

Kiribati's anti-discrimination laws offer some protection but have significant limitations. The country has limited anti-discrimination laws in employment, with protections primarily found in the Constitution of Kiribati and the Employment and Industrial Relations Code (EIRC) 2015.

Protected Characteristics

Article 15 of the Constitution guarantees fundamental rights and freedoms "whatever his race, place of origin, political opinions, color or creed". However, it does not explicitly address many discrimination areas. The EIRC 2015 prohibits discrimination in employment based on race, color, sex, sexual orientation, pregnancy, marital status, family responsibilities, religion, political opinion, age, disability, and trade union membership.

Limitations

Notably, protections in Kiribati do not extend to gender identity, HIV status, or certain other vulnerable groups. Lack of strong enforcement mechanisms and limited awareness can hinder the effectiveness of anti-discrimination provisions.

Redress Mechanisms

Employees who believe they have faced discrimination can exhaust any internal company grievance mechanisms if available, file a complaint with the Labor Division of Kiribati's Ministry of Employment & Human Resources Development. The Division may offer mediation or conciliation services. In some instances, pursuing a case through the Kiribati court system might be necessary.

Employer Responsibilities

Employers in Kiribati have a responsibility to take proactive steps to create a workplace free from discrimination and harassment, have clear anti-discrimination and harassment policies within the workplace, educate employees on anti-discrimination rights and responsibilities, and address any complaints of discrimination promptly, fairly, and confidentially.

The Employment and Industrial Relations Code 2015 (EIRC 2015) is the primary document that outlines the working conditions in Kiribati. However, it lacks detailed regulations on certain aspects such as ergonomic principles.

Work Hours

The EIRC 2015 does not specify a standard length for the workweek, but it is typically around 40 hours. Overtime work is allowed under the Code, and employers are required to compensate employees with additional pay. The rate is usually specified in employment contracts or agreed upon separately.

Rest Periods

Employees are entitled to breaks during the workday, the duration and frequency of which are typically specified in employment contracts. The EIRC 2015 mandates that employees have a continuous period of at least 24 hours of rest during each period of 7 days. Kiribati observes various public holidays, and employees are generally entitled to paid time off on these days.

Ergonomic Requirements

Kiribati does not have extensive regulations addressing ergonomic standards in the workplace. However, employers have a general duty under the EIRC 2015 to provide a safe and healthy work environment. This may implicitly require some basic ergonomic considerations to minimize risks of work-related injuries.

Health and Safety

The EIRC 2015 outlines some basic health and safety requirements for workplaces. These include maintaining safe working conditions and providing necessary resources such as information, instruction, training, and equipment to maintain health and safety. Employees also have a role in ensuring safe work practices are followed.

The Employment and Industrial Relations Code (EIRC) 2015 establishes the core framework for health and safety in Kiribati's workplaces. This framework outlines employer obligations, employee rights, and the enforcement landscape.

Employer Obligations

The EIRC 2015 places significant responsibility on employers to ensure a safe and healthy work environment. Key employer obligations include:

• Risk Assessment: Identifying potential workplace hazards and taking steps to eliminate or control them (Section 63 of the EIRC 2015).
• Safe Work Practices: Implementing procedures and providing necessary information and training for employees to work safely (Section 64 of the EIRC 2015).
• Provision of Resources: Supplying personal protective equipment (PPE) and other resources to protect employee health and safety (Section 65 of the EIRC 2015).
• Accident Reporting and Investigation: Establishing procedures for reporting and investigating workplace accidents and incidents (Section 68 of the EIRC 2015).

Employee Rights

Employees also have crucial rights under the EIRC 2015 when it comes to health and safety:

• Right to a Safe Workplace: Employees have the right to work in an environment free from foreseeable risks to health and safety (Section 61 of the EIRC 2015).
• Refusal of Unsafe Work: Employees have the right to refuse to perform work they believe to be unsafe, provided they have reasonable justification for their concern (Section 67 of the EIRC 2015).
• Reporting Unsafe Conditions: Employees have the right to report unsafe work practices or conditions to their employer or the Labor Division (Sections 61 & 68 of the EIRC 2015).

Enforcement Agencies

The Ministry of Employment and Human Resources Development (MEHRD) plays a central role in enforcing health and safety regulations through its Labor Division:

• Inspections: The Labor Division conducts inspections of workplaces to ensure compliance with health and safety standards (Section 84 of the EIRC 2015).
• Issuing Improvement Notices: If breaches of regulations are identified, the Division can issue improvement notices outlining corrective actions for employers (Section 85 of the EIRC 2015).
• Prosecution: In cases of serious violations or non-compliance, the Division has the authority to prosecute employers (Section 86 of the EIRC 2015).