Section 82 of the Employment Act (Chapter 373) requires a statement with every payment. Section 83 requires a register behind it. Together they are the documentary basis of almost every successful wage claim.
Section 82 — the statement
(a) the gross amount of ordinary wages earned;
(b) the amount of pay earned for overtime, call-out and stand-by duty;
(c) the amount of any extra payment;
(d) the amount of any deductions made from the employee’s wages and the reasons for those deductions;
(e) the net amount of wages due; and
(f) the date of the pay period.
Four points on the drafting:
- “When paying” — the statement accompanies the payment. It is not something to be produced later on request.
- “Including” — the six items are a minimum, not an exhaustive list.
- Paragraph (b) is itemised — overtime, call-out and stand-by pay must be visible, not buried in gross.
- Paragraph (d) requires reasons — an amount without an explanation does not comply.
Most wage disputes are about deductions. Section 82(d) requires the amount and the reason; section 88 requires the employee’s prior written consent for most deductions and caps the total at 50% of the wages for the pay period; and section 83(1)(b) requires the reason to be recorded in the register too. A deduction that appears on the statement without a reason should be queried at once, in writing.
Section 83 — the register behind the statement
(1) Every employer shall keep a record, as prescribed, of (a) the wages paid to each employee; and (b) any deduction made from wages, and the reason for the deduction.
(2) The record shall be (a) kept at the place of employment (or another place the Secretary approves in writing); and (b) available at all reasonable times for inspection by a labour officer.
The register must be at the place of employment unless the Secretary has approved another location in writing. “It is at head office” is not, by itself, compliance.
The other records an employer must keep
| Section | Record | Who may see it |
|---|---|---|
| 15(1) | Written record of the terms of an oral contract, made at engagement | Produced in a dispute — and if it is not, the employee’s account is conclusive |
| 31 | Piece-rate Register | The employee and a labour officer, at all reasonable times |
| 57 | Records and returns of overtime, stand-by and call-out | Labour officer |
| 117 | Employment agent’s register | Labour officer |
| 84(1)(a)(ii) | Statement of current and deferred wages and leave on ending an attested contract | Labour officer at the pay-off |
See records an employer must keep for the full list, including the notices and pamphlets required on site under sections 147, 148 and 148A.
What happens if the records are wrong or missing
- Section 137(1)(a) and (c) — refusing to produce books required under the Act, or knowingly making a false entry or unauthorised alteration or erasure in them, is an offence (fine up to K200.00).
- Section 96(d) — contravening any provision relating to the payment of wages is an offence (fine up to K500.00).
- Section 138 — refusing information reasonably required by an employee about their own employment, or penalising them for asking, is an offence (fine up to K200.00).
- Section 141 — the general penalty of up to K100.00 where no other applies.
Under section 15(2), where a dispute arises about the terms of an oral contract and the employer cannot produce the section 15(1) record, the employee’s statement of the terms is conclusive evidence unless the employer satisfies the Secretary or an Arbitration Tribunal otherwise.
And under section 149, in a non-criminal proceeding under the Act a court is guided by equity and good conscience and is not bound by the rules of evidence and legal procedure — so a worker’s own dated notes can be weighed against an employer’s incomplete register.
How to use your pay statements
- Keep every one. Photograph them and store the images off-site.
- Check the pay period date against the section 78 interval — a fortnight, or a month only by agreement.
- Check gross ordinary wages against your rate and hours.
- Check overtime, call-out and stand-by separately — compute the hourly rate yourself under section 52(4).
- Check each deduction and its stated reason against the section 88 list, and against your written consent.
- Add the deductions up — they cannot exceed 50% of the wages for the period.
- Query discrepancies in writing, and keep the copy.
- Escalate to a labour officer if unresolved, and ask them to inspect the section 83 register.
They establish your continuity of service for recreation leave and notice, your rate for damages on unlawful termination, and the amounts owed in final pay. They are the single most useful document a worker can keep.
Sources
- Employment Act (Chapter 373) — ss 15, 31, 52, 57, 78, 82–84, 88, 96, 117, 137, 138, 141, 147–149
- Industrial Relations Act — PacLII 1986 Revised Edition
- Bar v Kora [2008] PGNC 17; N3290
- Paulus v Nestle (PNG) Ltd [2021] PGNC 342; N9186
Before relying on anything here, read the current text of the Employment Act (Chapter 373) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.