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Vanuatu - Compensation & Benefit Legislation

CAPITAL

Port-Vila

 

CLIMATE

Tropical climate, moderated by southeast trade winds.

 

LANGUAGES

English (official), French (official), and pidgin (known as Bislama or Bichelama).

 

LEGAL SYSTEM

Vanuatu’s legal system is a unified system being created from former dual French and British systems.

 

CURRENCY

Vatu (1 USD = 137.120 VUV as of June 1, 2002).

 

VANUATU - COST-OF-LIVING

ERI's Relocation Assessor is a recommended source for cost-of-living data.

 

VANUATU - EMBASSY/CONSULATES

The United States does not have an embassy in Vanuatu. The ambassador to Papua New Guinea is accredited to Vanuatu.

 

U.S. Embassy at Port Moresby (Papua New Guinea)

Douglas Street

Port Moresby, Papua New Guinea

P. O. Box 1492

Port Moresby, Papua New Guinea

Telephone: (675) 321-1455

Fax: (675) 321-1593

 

Vanuatu does not have an embassy in the United States, it does, however, have a Permanent Mission to the United Nations.

 

Vanuatu – Permanent Mission to the United Nations

42 Broadway, Room No. 1200-18      

New York, NY 10004

Telephone: (212) 425-9652

Fax: (212) 422-3427

 

VANUATU - HOLIDAYS

 

VANUATU - MINIMUM AGE

The law prohibits children under 12 years of age from working outside of family-owned agricultural production, where many children assist their parents since most of the population does not participate in the cash economy. The employment of children from 12 to 18 years of age is restricted by occupational category and conditions of labor, that is, restrictions on employment in the shipping industry and on nighttime employment.

 

(Section 6.d. Acceptable Conditions of Work, Vanuatu – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

VANUATU - MINIMUM REMUNERATION

A legislated minimum wage is enforced effectively by the Labor Department. Since 1995 the minimum wage has been a flat rate of 16,000 vatu per month (approximately $143) for both urban and rural workers.

 

(Section 6.e. Acceptable Conditions of Work, Vanuatu – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

VANUATU - REMUNERATION

ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.

 

VANUATU - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)

Section 6 Worker Rights

 

a. The Right of Association

 

The law provides workers with the right to organize and join unions. There are no restrictions on this right.

 

Approximately 25,000 persons participate in the formal economy as wage earners. Combined union membership in the private and public sectors is approximately 1,000. All five existing trade unions are independent of the Government. They are grouped under an umbrella organization, the Vanuatu Council of Trade Unions (VCTU).

 

The high percentage of the population still engaged in subsistence agriculture and fishing precludes extensive union activity. In addition membership in the Vanuatu Public Servants Union fell dramatically following the Government's wholesale dismissal of hundreds of full-time public servants during a protracted general strike in 1994. The Supreme Court in 1994 ruled that the union had not complied with its own rules when it undertook the general strike and declared the strike illegal. Combined union membership in the private and public sectors was approximately 1,000. There were no categories of workers who were not permitted to join unions.

 

The law prohibits retaliation if a strike is legal. In the case of private-sector employees, violations would be referred to the Labor Department for conciliation and arbitration. In the public sector, the Public Service Commission would handle violations. Unions are required by law to give 30 days' notice of intent to strike and to provide a list of the names of potential strikers.

 

There was no significant strike activity during the year.

 

Unions may not affiliate with international labor federations without government permission. The VCTU is a member of the International Confederation of Free Trade Unions.

 

b. The Right to Organize and Bargain Collectively

 

Unions exercise the right to organize and bargain collectively. Labor unions negotiate wages and conditions directly with management. If the two sides cannot agree, the matter is referred to a three-member arbitration board appointed by the Minister of Home Affairs. The board consists of one representative from organized labor, one from management, and the senior magistrate of the magistrate's court. While a dispute is before the board, labor may not strike and management may not dismiss union employees. However, unions and management generally reach agreement on wages without having to refer the matter to arbitration. Complaints of antiunion discrimination are referred to the Commissioner of Labor; however, none were reported during the year. While the law does not require union recognition, once a union is recognized, it prohibits antiunion discrimination.

 

There are no export processing zones.

 

c. Prohibition of Forced or Compulsory Labor

 

The law prohibits forced or compulsory labor, including forced and bonded labor by children, and there were no reports that such practices occurred.

 

d. Status of Child Labor Practices and Minimum Age for Employment

 

The law prohibits children under 12 years of age from working outside of family-owned agricultural production, where many children assist their parents since most of the population does not participate in the cash economy. The employment of children from 12 to 18 years of age is restricted by occupational category and conditions of labor, that is, restrictions on employment in the shipping industry and on nighttime employment. The Labor Department effectively enforces these laws.

 

The country has not ratified ILO Convention 182 on the worst abuses of child labor.

 

The law prohibits forced and bonded labor by children, and such practices are not known to occur (see Section 6.c.).

 

e. Acceptable Conditions of Work

 

A legislated minimum wage is enforced effectively by the Labor Department. Since 1995 it has been a flat rate of approximately $143 (16,000 vatu) per month for both urban and rural workers. The minimum wage does not provide a decent standard of living for an urban worker and family. Most families are not dependent solely on wages for their livelihoods; they supplement their incomes through subsistence farming.

 

Various laws regulate benefits such as sick leave, annual vacations, and other conditions of employment, such as a 44-hour maximum workweek that includes at least one 24-hour rest period. The Employment Act, enforced by the Labor Department, includes provisions for safety standards. However, the safety and health law is inadequate to protect workers engaged in logging, agriculture, construction, and manufacturing, and the single inspector attached to the Labor Department is insufficient to enforce the law fully. Workers have the right to remove themselves from dangerous work situations without jeopardy to their continued employment.

 

There are few foreign workers. Those present in the country were primarily managers, professionals, and entrepreneurs.

 

f. Trafficking in Persons

 

The Constitution and the law do not specifically prohibit trafficking in persons; however, there were no reports that persons were trafficked to, from, or within the country.

 

VANUATU - SOCIAL SECURITY

Social Security Office of International Programs:

 

http://www.ssa.gov/SSA_Home.html

 

VANUATU - STANDARD WORKWEEK

Vanuatu has a 44-hour maximum workweek that includes at least one 24-hour rest period.

 

(Section 6.e. Acceptable Conditions of Work, Vanuatu – Report of Human Rights Practices, 2001, U.S. Department of State.)