Employment Act (Chapter 373)

Coming into Force02 January 1981
Published date02 January 1981
Revision Date01 October 2021
Year1978
Type of DocumentHistoric Legislation
Employment Act (Chapter 373)

INDEPENDENT STATE OF PAPUA NEW GUINEA.

CHAPTER No. 373.

Employment Act.

Being an Act relating to the employment of certain persons.

PART I.—PRELIMINARY.
1 Interpretation.

In this Act, unless the contrary intention appears—

"accompanying dependants", in relation to a married employee means his wife and children (if any) under 16 years of age who, with the consent of the employer—

(a) reside with the employee in housing provided by the employer; or

(b) reside with the employee at or near the place of employment in housing not provided by the employer, if the place of employment is more than 25 km from their ordinary place of residence;

"attested contract" means a contract made under Section 19(b);

"authorized officer" means a labour officer, medical practitioner, or medical assistant appointed under Section 8;

"books" includes registers, records or documents prescribed under this Act;

"building and premises" includes any land, building, camp, wharf, vessel, vehicle, place, or hospital or dispensary not being a State hospital or dispensary;

"the commencement date" means 1 January 1981, being the date on which the Employment Act 1978 came into force;

"contract of service" means any agreement, whether oral or in writing, express or implied, by which one person agrees to employ another person as an employee and that other person agrees to serve his employer as an employee;

"deferred wages" means that part (if any) of the wages of an employee employed under an attested contract that, by agreement between the employer and employee, are held by the employer under Section 88(1)(e);

"employee" means a person serving another person under a contract of service and includes a prospective employee;

"employer" means a person who employs another person under a contract of service and includes a prospective employer;

"employment agent" means a person who acts as an intermediary for the purpose of obtaining employment for an employee or supplying an employee for an employer whether or not he charges a fee, a periodical contribution or other charge or derives, directly or indirectly, a pecuniary or other material advantage from the employer, but does not include a newspaper or other publication unless it is published wholly or mainly for the purpose of acting as intermediary between employers and employees;

"family", in relation to an employee, means the spouse and unmarried children (if any) under the age of 16 years of the employee;

"heavy labour" means employment—

(a) as a quarryman; or

(b)...

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