Part III of the Employment of Non-Citizens Act 2007 establishes the permit types and their limits.
Sections 7 to 9 — types, purpose and term
| Type | Purpose | Term |
|---|---|---|
| General work permit | Work of a commercial nature — wholly or primarily for profit | Short term: up to 6 months Long term: from 6 months up to 5 years |
| Volunteer work permit | Work of a voluntary nature — wholly or primarily for reward other than profit | Short term or long term, as above |
| Bridging work permit | The specific purpose in section 23 | Up to 60 days |
The distinction between general and volunteer turns on the section 3 definitions: “commercial” means wholly or primarily for profit; “volunteer” means wholly or primarily for reward other than profit. Note that voluntary employment is expressly within the definition of “employment” — a volunteer for a church, charity or NGO still needs a permit.
The forms of the permits are prescribed by Regulation (s 7(2)).
Section 10 — what a permit allows, and what it does not
(a) a specified employer to employ a specified non-citizen in a specified occupation; or
(b) a specified self-employed non-citizen to engage in a specified occupation.
A work permit is not transferable in respect of the employer, the non-citizen, or the occupation.
All three are fixed. That has direct consequences:
- Changing employer requires a new permit, not a variation.
- Changing occupation with the same employer requires a new permit. Note that “renewal” is defined in section 3 as a renewal concerning the same employee, the same employer and the same occupation — so a change of role cannot be handled as a renewal.
- A group company cannot “lend” a permitted worker to an affiliate. Compare section 136 of the Employment Act on hiring out labour.
Section 11 — conditions on a permit
(1) A work permit may be subject to such conditions (if any) as are specified in the work permit.
(2) A person who breaches the conditions in a work permit is guilty of an offence. Penalty: a fine not exceeding K10,000.00.
Read section 11 with section 54(2): compliance with any other law applying to the employer and the non-citizen is deemed to be a condition of every work permit. So a breach of the Employment Act, the Migration Act, tax law or professional registration requirements is a breach of a permit condition — an offence under section 11(2) and a ground for cancellation under section 31(1)(b).
Conditions can also be varied, revoked or added to at any time by the Secretary under section 33, on written notice and after considering representations.
Section 23 — the bridging work permit
(a) a valid work permit is about to expire; and
(b) the non-citizen is to be employed in a different occupation or by a different employer (or a self-employed non-citizen is to engage in a different occupation); and
(c) the application for another work permit has not been determined; and
(d) the delay has not been caused by the applicant; and
(e) without a permit, the non-citizen would be required under section 19(1) to be outside Papua New Guinea.
The bridging permit exists to solve one problem: section 19(1) ordinarily requires the non-citizen to be outside the country when a permit is granted. Someone already in Papua New Guinea who is changing employer or occupation would otherwise have to leave and wait. The bridging permit, of up to 60 days, covers the gap.
Paragraph (b) requires a different occupation or a different employer. Where the same person continues with the same employer in the same occupation, the answer is not a bridging permit but section 27: if a renewal application has been made but not determined by the expiry date, the existing permit remains valid for 60 days from expiry, or until the application is determined, whichever comes first.
Both routes depend on applying before the permit expires, and on the delay not being the applicant’s fault.
A bridging permit is in the prescribed form and subject to such conditions as are specified in it (s 23(2)).
Section 34 — the permit and the card
On granting an application, the Secretary issues the work permit to the applicant (the employer) and a work permit card to the non-citizen. For a self-employed non-citizen, both are issued to that person. Each must be produced on demand to an authorised officer (s 35), and returned to the Secretary within 14 days of cancellation or termination of employment (s 36) — each on pain of a fine up to K1,000.00. See records and registers.
Checklist
- Identify the right type — commercial work needs a general permit; unpaid or non-profit work needs a volunteer permit.
- Choose the term — short term up to six months, long term from six months to five years.
- Check the three specifics — employer, non-citizen, occupation. Any change means a new permit.
- Read the conditions on the face of the permit, and remember section 54(2) adds compliance with all other law.
- Diary the expiry, and apply for renewal before it.
- If changing employer or role while in the country, apply early and consider a bridging permit.
- Keep the card — it must be produced on demand.
Sources
- Employment of Non-Citizens Act 2007 — ss 3, 7–11, 19, 23, 27, 31, 33–36, 54
- Employment Act (Chapter 373)
- Migration Act (Chapter 16)
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.