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Employment
Sixty questions and answers on employment in Papua New Guinea - the contract, hours and overtime, leave, wages and how they must be paid, termination and notice, repatriation, housing and health, and the rules for employing non-citizens.
The Employment Act (Chapter 373) sets the floor beneath every contract of employment it covers. It says what must be in a written contract, how long you may be required to work, what leave you accrue, how and where wages must be paid, what notice ends the relationship, and what an employer owes a worker recruited from somewhere else. Much of it cannot be contracted out of - a term less favourable to the employee than the Act allows is, to that extent, of no effect.
Jump to a subject
60 questions and answers, grouped by subject.
- What the Employment Act covers — 5 questions
- Contracts of employment — 9 questions
- Termination, notice and repatriation — 8 questions
- Hours, overtime and leave — 8 questions
- Wages and their protection — 8 questions
- Housing, rations, health and welfare — 6 questions
- Women, young persons and agents — 6 questions
- Employing non-citizens — 10 questions
What the Employment Act covers
Who the Act applies to, who administers it, the key definitions, and the minimum standards that cannot be contracted out of.
What Does the Employment Act Cover?
An overview of the PNG Employment Act (Chapter 373): what it regulates, its twelve Parts, who it applies to, the exemption power, and the rule against contracting out.
Read the answer → No. 13Who Enforces Employment Law in Papua New Guinea?
Enforcement of the PNG Employment Act: authorised officers under section 8, inspection powers under section 142, prosecutions under section 145, and the court's duty to act by equity and good conscience under section 149.
Read the answer → No. 14Am I an Employee or an Independent Contractor?
Distinguishing a contract of service from a contract for services in Papua New Guinea: the Employment Act definitions, the common law tests, and why the label on the document does not decide it.
Read the answer → No. 15What Records Must an Employer Keep?
The record-keeping duties under the PNG Employment Act - sections 15, 20, 31, 57, 82, 83, 117, 147, 148 and 148A - who may inspect them, and the evidential consequence of not having them.
Read the answer → No. 16What Offences Does the Employment Act Create?
The offences under Part X and elsewhere in the PNG Employment Act - sections 133 to 141 and 94 to 96 - their penalties, who prosecutes, and the general penalty in section 141.
Read the answer →Contracts of employment
Casual workers, oral and written contracts, what a written contract must contain, attestation, piece-rate contracts, and the maximum terms.
What Kinds of Employment Contract Are There?
The four types of contract of service under the PNG Employment Act - casual, oral, written and piece-rate - how each is formed and which rules apply to which.
Read the answer → No. 5What Is a Casual Worker, and When Do They Stop Being One?
Casual workers under the PNG Employment Act: section 9, the six-day deeming rule in section 10, termination without notice, and the full day's pay protection in section 35(4).
Read the answer → No. 6What Must I Be Told About My Terms of Employment?
Section 14 of the PNG Employment Act: the particulars an employer, employment agent or worker-recruiter must disclose, the written record required by section 15, and what happens if the employer cannot produce it.
Read the answer → No. 7How Long Does an Oral Contract of Service Last?
Sections 15 to 17 of the PNG Employment Act: the duration of an oral contract, the automatic renewal rule, and the written record that decides wage disputes.
Read the answer → No. 8When Must an Employment Contract Be in Writing?
Section 19 of the PNG Employment Act: the two routes to a valid written contract, the literacy endorsement, the labour officer's attestation for illiterate employees, and the minimum contractual age of 16.
Read the answer → No. 9What Is an Attested Contract, and Why Does It Matter?
Attested contracts under the PNG Employment Act: sections 19(b), 23, 24 and 131, the labour officer's six checks, refusal to attest, and the extra protections on repatriation, final pay and court awards.
Read the answer → No. 10How Long Can an Employment Contract Run?
Section 22 of the PNG Employment Act: fixed and unspecified terms, when the contract period starts, the automatic extension in section 22(2), and the two and three year caps on attested contracts.
Read the answer → No. 11Can My Employment Contract Be Transferred to Another Employer?
Sections 25 and 26 of the PNG Employment Act: transfer of a written contract of service, the consent requirement, labour officer approval for attested contracts, the transferee's liabilities, and what happens when an employer dies.
Read the answer → No. 12What Is a Piece-Rate Contract?
Division 5 of the PNG Employment Act: piece-rate contracts, the gazettal requirement, group contracts, the Piece-rate Register, and the stamped measuring instrument.
Read the answer →Termination, notice and repatriation
Notice periods, summary dismissal, certificates of service, unlawful termination, and the employer's duty to repatriate.
How Much Notice Must Be Given to End Employment?
Section 34 of the PNG Employment Act: the statutory notice periods for terminating a contract of service, the equal-notice rule, how notice is given, and payment in lieu.
Read the answer → No. 3When Can an Employer Dismiss Without Notice?
Section 36 of the PNG Employment Act: the grounds for summary dismissal, the employee's corresponding right to leave without notice, the promptness requirement, and industrial disputes.
Read the answer → No. 17What Can I Claim for Unlawful Termination?
Remedies for unlawful termination of employment in Papua New Guinea: the measure of damages, section 38 awards on attested contracts, the industrial route, and what to prove.
Read the answer → No. 18What Is My Final Pay When I Leave a Job?
Final pay under the PNG Employment Act: sections 84, 85, 86 and 90 - what is owed on leaving, deferred wages, the refund of repatriation deductions, and payment before a labour officer.
Read the answer → No. 19What Happens When an Employee Dies?
Sections 27, 42, 42A and 84(3) of the PNG Employment Act: an employer's duties on the death of an employee, repatriation of dependants, funeral transport, and distribution of wages.
Read the answer → No. 20What Is the Employer’s Duty to Repatriate an Employee?
Division 7 of the PNG Employment Act: section 40 and the five triggers for repatriation, what the expenses cover, transport standards, and the labour officer's role.
Read the answer → No. 21Are My Dependants Entitled to Repatriation?
Section 42 of the PNG Employment Act: repatriation of accompanying dependants, who counts as a dependant, the election to a different destination, and the limit on the employer's liability.
Read the answer → No. 22Who Pays for Repatriation, and When Is an Employer Exempt?
Sections 41, 43 and 44 of the PNG Employment Act: what repatriation costs cover, the labour officer's power to exempt an employer, the three-month rule, and the industrial dispute route.
Read the answer →Hours, overtime and leave
Ordinary hours, rest days, overtime, recreation leave, sick leave, and public holidays.
What Are the Legal Hours of Work?
Sections 47 to 49 of the PNG Employment Act: maximum daily hours, meal and rest periods, the weekly rest day, shift work rules, and what counts as overtime.
Read the answer → No. 24When Can the Maximum Hours Be Exceeded?
Section 50 of the PNG Employment Act: the exhaustive list of circumstances in which the 12-hour maximum and rest periods may be exceeded, the Secretary's power to vary shift work rules, and the duty to make the rest up.
Read the answer → No. 25Can I Be Made to Work Overtime?
Section 51 of the PNG Employment Act: the employer's right to require reasonable overtime, the agreement requirement for Sundays and public holidays, and the fatigue rule for dangerous work.
Read the answer → No. 26What Are the Overtime Rates?
Section 52 of the PNG Employment Act: overtime rates, how the hourly rate is calculated, time off instead of pay, and the section 55 deadline for payment.
Read the answer → No. 27What Are Stand-By and Call-Out Duty, and What Do They Pay?
Sections 53 and 54 of the PNG Employment Act: the definitions of stand-by and call-out duty, how each is paid, the three-hour minimum, and the ban on stand-by during rest periods.
Read the answer → No. 28Do I Get Paid for Public Holidays?
Sections 74, 86, 52 and 56 of the PNG Employment Act: public holiday pay, the counting rule, working on a holiday, Good Friday and Christmas Day, and the position of casual and piece-rate employees.
Read the answer → No. 29How Much Recreation Leave Am I Entitled To?
Division 3 of Part IV of the PNG Employment Act: recreation leave entitlement, continuity of service, accrual to four years, pro-rata payment on termination, and how leave pay is calculated.
Read the answer → No. 30What Sick Leave Am I Entitled To?
Division 4 of Part IV of the PNG Employment Act: sick leave entitlement, the certificate requirement, the 72-hour notification rule, accumulation to 18 days, and when sick leave is not paid.
Read the answer →Wages and their protection
How and when wages must be paid, lawful deductions, the prohibition on truck, advances, and what happens on insolvency.
What Is the Minimum Wage, and When Are Wages Not Payable?
Sections 76 and 77 of the PNG Employment Act: minimum wages by registered award, minimum rates for piece-rate work, and the two circumstances in which an employee is not entitled to wages.
Read the answer → No. 32How Often Must Wages Be Paid?
Sections 78 and 79 of the PNG Employment Act: the maximum intervals between wage payments for casual, piece-rate and other employees, and the date from which wages commence.
Read the answer → No. 33How Must Wages Be Paid?
Sections 80, 81, 92 and 95 of the PNG Employment Act: currency, direct payment, bank transfers, payment to an authorised person, and the prohibitions on truck and on paying wages in a liquor outlet.
Read the answer → No. 34What Must a Pay Statement Show?
Sections 82 and 83 of the PNG Employment Act: the particulars a pay statement must contain, the wages register the employer must keep, who may inspect it, and what to do when the figures do not match.
Read the answer → No. 35What Deductions Can Be Made From My Wages?
Sections 88, 89, 91 and 94 of the PNG Employment Act: the permitted deductions, the written consent requirement, the 50 per cent cap, deductions required by law, and the prohibition on fines.
Read the answer → No. 36Can I Get an Advance on My Wages?
Section 87 of the PNG Employment Act: advances of wages, the 50 per cent threshold, the labour officer's approval, the 25 per cent recovery cap, and recovery on termination.
Read the answer → No. 37What If My Employer Does Not Pay My Wages?
Sections 90, 93, 96, 145, 146 and 149 of the PNG Employment Act: the offence of failing to pay wages, the priority of wages over other debts, deferred wages on demand, and how to enforce.
Read the answer → No. 38Can My Employer Control How I Spend My Wages?
Sections 92, 94, 95 and 134 of the PNG Employment Act: the prohibition on the truck system, compelled purchases, undue influence, workplace fines, and paying wages where liquor is sold.
Read the answer →Housing, rations, health and welfare
The employer's obligations on accommodation, food rations, clothing, medical treatment and safety.
When Must an Employer Provide Housing?
Part VIII of the PNG Employment Act: when adequate housing must be provided, the urban and rural rules, the exemptions, deductions for housing, and the employee's right to remain.
Read the answer → No. 40What Standards Must Employer Housing Meet?
Sections 121 to 124 of the PNG Employment Act: water, electricity and lighting, mosquito nets, and the duty to keep housing clean - with the labour officer's notice power and the penalties.
Read the answer → No. 41What Food Rations Must an Employer Supply?
Division 5 of Part IV of the PNG Employment Act: the ration scale in Schedule 1, the daily issue, standards and storage of food, and the employer's duty to provide cooks.
Read the answer → No. 42What Medical Treatment Must an Employer Provide?
Sections 128 to 130 of the PNG Employment Act: medical supervision thresholds, sick wards and hospitals, free treatment, transport to hospital, and the written statement that must accompany a patient.
Read the answer → No. 43When Can an Employer Require a Medical Examination?
Section 131 of the PNG Employment Act: the medical examination before attestation, what must be certified, what happens where no practitioner is available, and the consequences of an adverse finding.
Read the answer → No. 44What Welfare and Safety Duties Does an Employer Have?
The general welfare and safety duties in the PNG Employment Act - sections 5, 51(3), 104, 124, 127, 132, 142 and 147 to 148A - and how they are enforced.
Read the answer →Women, young persons and agents
The provisions on the employment of females and young persons, worker-recruiters, employment agents, and the offences.
What Are the Rules on Employing Women?
Division 1 of Part VI of the PNG Employment Act: section 97 on discrimination and equal pay, section 98 on heavy labour and underground mining, and section 99 on night work.
Read the answer → No. 46What Maternity Leave Am I Entitled To?
Sections 100 to 102 of the PNG Employment Act: protection from dismissal on pregnancy, the length of maternity leave, whether it is paid, nursing breaks, and resuming duty early.
Read the answer → No. 47What Are the Rules for Employing Young Persons?
Division 2 of Part VI of the PNG Employment Act: the minimum age of employment, the conditions for employing 11 to 15 year olds, injurious conditions, and the night work prohibitions.
Read the answer → No. 48What Are the Rules for Worker-Recruiters?
Division 1 of Part VII of the PNG Employment Act: who may recruit, the recruiter's written authority, prohibited recruiting areas, and advances made at recruitment.
Read the answer → No. 49What Are the Rules for Employment Agents?
Division 2 of Part VII of the PNG Employment Act: licensing of employment agents, who may hold a licence, cancellation and appeal, the ban on charging job-seekers, and the register.
Read the answer → No. 50What Is Unlawful Hiring Out of Labour?
Section 136 of the PNG Employment Act: the offence of hiring out labour for gain, the three permitted categories of supervision, the Secretary's consent, and how labour hire differs from employment.
Read the answer →Employing non-citizens
The Employment of Non-Citizens Act 2007: work permits, the categories, employer obligations, and the penalties.
Do I Need a Work Permit to Work in Papua New Guinea?
The Employment of Non-Citizens Act 2007: who needs a work permit in PNG, what counts as employment, who is exempt, and the offences for employing or working without one.
Read the answer → No. 52What Types of Work Permit Are There?
Sections 7 to 11 and 23 of the Employment of Non-Citizens Act 2007: the three types of work permit, their purposes and terms, the limits on occupation and employer, and permit conditions.
Read the answer → No. 53How Do I Apply for a Work Permit?
Parts V and VI of the Employment of Non-Citizens Act 2007: who applies and when, what the application must contain, the outside-the-country rule, the 42-day decision, and the appeal to the Minister.
Read the answer → No. 54Which Occupations Are Reserved for Citizens?
Sections 12 to 14 of the Employment of Non-Citizens Act 2007: reserved occupations, advertised occupations, the review with the National Training Council, and the protection for permits already granted.
Read the answer → No. 55What Skills, Registration and Language Rules Apply to Work Permits?
Sections 15 to 17 of the Employment of Non-Citizens Act 2007: skills and experience requirements, professional registration, the language test, and the Secretary's power to waive it.
Read the answer → No. 56How Do I Renew a Work Permit?
Part VII of the Employment of Non-Citizens Act 2007: applying for renewal, what the Secretary may take into account, the 42-day decision, the 60-day continuation, and the appeal to the Minister.
Read the answer → No. 57When Can a Work Permit Be Cancelled?
Part VIII of the Employment of Non-Citizens Act 2007: automatic invalidity, the cancellation grounds, the show-cause procedure, the national interest exception, the appeal, and the duty to terminate employment.
Read the answer → No. 58What Records Must an Employer of Non-Citizens Keep?
Sections 34 to 39 of the Employment of Non-Citizens Act 2007: the work permit and work permit card, production and return, the Register of Work Permits, duplicates, and the employer's register.
Read the answer → No. 59Who Pays to Repatriate a Non-Citizen Employee?
Part X of the Employment of Non-Citizens Act 2007: the employer's repatriation liability, what the expenses cover, dependants, death, the statement to the Secretary, and the K10,000 offence.
Read the answer → No. 60What Are the Penalties for Breaching the Work Permit Rules?
The offences and penalties under the Employment of Non-Citizens Act 2007, infringement notices, liability of company officers, who prosecutes, and where proceedings are brought.
Read the answer →Acts are amended, and figures and time limits change. Every article names the sections it relies on so you can read them. 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.