In Palau, the termination of employment is primarily governed by the Republic of Palau Employment Contract, which outlines the standard terms and conditions for government employment, along with other relevant labor regulations.

Lawful Grounds for Dismissal

The Republic of Palau Employment Contract and labor regulations provide several reasons for which an employer can lawfully terminate an employee's contract. These include mutual consent, completion of contract, unsatisfactory performance, misconduct, and reduction in workforce. It's crucial to note that the employer must follow due process and provide the employee an opportunity to defend their case before dismissal.

Notice Requirements

The Republic of Palau Employment Contract mandates that at least 60 days' written notice must be given before the termination takes effect. This applies to both parties. However, under special circumstances, the President may waive the notice requirement for both termination and resignation.

Severance Pay

The employment contract specifies certain conditions under which a terminated employee may be eligible for severance pay. Employees terminated by the government for reasons other than misconduct are entitled to severance pay. The amount of severance depends on the employee's length of service and their final salary. It's important to note that the Republic of Palau Employment Contract serves as a baseline, and specific severance benefits may vary depending on an employee's position and individual contract terms.

In Palau, the primary anti-discrimination protections are found within its Constitution and the Disabled Person's Anti-Discrimination Act. These protections cover race, nationality or place of origin, sex, marital status, religion, and disability. However, specific anti-discrimination laws addressing gender identity and sexual orientation are currently absent in Palau.

Protected Characteristics

• Race
• Nationality/Place of Origin: The Constitution focuses on discrimination against persons who are not ethnic Palauans, which means citizenship is restricted.
• Sex
• Gender Identity and Sexual Orientation: Specific anti-discrimination laws addressing these characteristics are currently absent in Palau.
• Marital Status
• Religion
• Disability: The Disabled Person's Anti-Discrimination Act provides protection in this area.

Redress Mechanisms

The legal mechanisms in Palau for addressing discrimination are primarily the Office of Labor Compliance and the Bureau of Human Resources, which play a key role in handling discrimination complaints, focusing on issues within employment. Cases of discrimination may also be brought before the courts of Palau.

Employer Responsibilities

Employers in Palau have the following primary responsibilities regarding discrimination:

• Disabled Persons Anti-Discrimination Act: Complying with this law's provisions is mandatory, including non-discrimination in hiring and providing reasonable accommodations for disabled employees.
• General Constitutional Protections: Employers must avoid discrimination based on the protected classes outlined in the Constitution (race, sex, marital status, etc.)
• Fair Hiring Practices: Preference should be given to qualified resident workers over non-resident workers, although this aims more at protecting resident employment rights.

Important Considerations

Palau's anti-discrimination legal framework is still developing, especially with regards to areas like sexual orientation and gender identity. It's highly advisable for employers to consult with legal professionals to ensure full compliance with existing laws and understand evolving protections.

In Palau, the legal framework sets some basic standards for working conditions. These standards cover several key areas.

Work Hours

In Palau, there are no set maximum daily or weekly working hours explicitly mandated by law.

Rest Periods

The law in Palau mentions a weekly rest period of "at least ten (10) continuous hours without work between 6:00 a.m. and 6:00 p.m." Although it's not explicitly defined as a full 24 hours, it implies at least one rest day per week.

Ergonomic Requirements

Currently, Palau lacks comprehensive regulations regarding ergonomic requirements in the workplace. This lack of detailed ergonomic standards places greater emphasis on communication and proactive measures between employers and employees to ensure fair working conditions.

Important Points to Consider

Consulting with the Ministry of Human Resources and Development (MHRD) can provide employers with valuable guidance on best practices for workplace safety and employee well-being.

Additional Considerations

While not legally mandated, some employers in Palau might offer benefits like overtime pay and paid leave or vacation time. Although some aspects like rest periods have basic legal provisions, employers play a crucial role in establishing safe and fair work environments. It's recommended to stay updated on any evolving regulations and prioritize open communication with employees regarding working conditions.

In Palau, ensuring a safe and healthy work environment is of utmost importance. This involves a clear understanding of key health and safety regulations, employer obligations, employee rights, and enforcement mechanisms.

Employer Obligations

Employers in Palau are obligated to provide a safe workplace under specific guidelines. The Public Health, Safety and Welfare Chapter 10 of Title 25 of the Palau National Code sets out rules for preventing pollution within the workplace, maintaining sanitary conditions, and ensuring safe food handling practices, especially for food service establishments.

The Rules and Regulations of the Bureau of Labor & Human Resource (BLHR) mandate employers to furnish and require the use of personal protective equipment (PPE) to safeguard employees from work-related injuries and illnesses. They are also required to implement reasonable and adequate health and safety rules within the workplace and provide basic amenities like drinking water and sanitary toilet facilities.

Employee Rights

Employees in Palau have the right to a safe and healthy work environment as outlined in the BLHR regulations. This includes the right to work in an environment free from recognized hazards, be informed about potential hazards and safety procedures, and refuse unsafe work assignments under certain circumstances.

Enforcement Agencies

The primary responsibility for enforcing health and safety regulations in Palau falls on the Bureau of Labor & Human Resource (BLHR) and the Ministry of Health (MOH). The BLHR conducts workplace inspections and investigates complaints related to safety violations, while the MOH ensures health and safety standards, particularly regarding sanitation and hygiene within workplaces.

Additional Considerations

While a comprehensive Occupational Safety and Health (OSH) Act is not yet in place, the BLHR is actively working on developing and implementing such legislation. Employers in high-risk industries might have additional safety regulations to comply with, based on specific industry standards.