A BA resident has raised concerns over the terminology used in the Employment Relations (Amendment) Bill No.27 of 2025.
Alsheik Ali told the Employment Relations Act proposed Bill consultations the purpose of any legislation should be easily accessible, and people should understand its provisions.
“I was reading the current Employment Relations Act, and the proposed Bill, up to the schedule,” he said. “Terminology in the laws must be used.
“So, if you must do something, and it is written in a statue, a legislative piece, it simply means that it is a statutory obligation bestowed upon a person, and if it is not observed it means you are in contradiction of that particular provision.
“And when something is voluntary, it means that it is optional in nature, that means whether you do it or not, it does not have a bearing on you, legally speaking.
“For example, if I say that mediation is voluntary in nature, it simply means that if you want to go and attend, it may be to your advantage but if you wish not to attend a mediation session, no one can take you to task.
“And if you attend mediation and you reach an agreement, that agreement even though signed will not be binding on you.”
Mr Ali claimed the provisions of the new amendment Bill were not clear for people to understand.
“So, Section 6 sub-section 5 says a worker is not obliged to join a trade union, and that is in the current employment act which is in line with the constitutional right to association.
“And also, you have freedom of choice, but the proposed Bill says a worker must voluntarily join a trade union. “Is it a compulsory obligation or is it voluntary?
“The purpose of any legislation should be easily accessible and people should understand.
“The day you actually take a piece of legislation for interpretation, loopholes are there and they will be exploited and will defeat its purposes.”
He suggested the amendments to the new proposed Bill be done in phases.
Details too complex: MP
THE details of the Employment Relations (Amendment) Bill No.27 of 2025 are not understood by many, according to Standing Committee on Economic Affairs member Semi Koroilavesau.
He told those present at the Employment Relations Act proposed Bill consultation in Ba, the draft law would be simplified for the public to read and understand.
“At the end of this consultation, the basic understanding that the committee has arrived at is the wording and interpretation within the Bill,” Mr Koroilavesau said.
“We understand that, and for a lot of people that we have met, they could not understand the details that are written in the Bill.
“It’s an issue we will raise and discuss. We will go back and look at it so that it can be simplified for a layman who will be able to read and understand.
“We can assure you of that.”
