39.5
42
-
Total Lack of Access to Decent Work
20
60
40
25
20
25
60
20
50
75
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | No | 0 | §76 of the Employment Act, 1978.; §10, 14 & 16 of the Industrial Relations Act, 1962 |
Score on the Minimum Wage component worsened due to lack of revision of minimum wage since 1 January 2022.
|
| Does the law require regular and timely payment of wages? | No | 0 | §8, 78, 80-96 & 142 of the Employment Act, 1978; §22& 23 of the Industrial Relations Act, 1962 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §52 of the Employment Act, 1978 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §48a & 52 of the Employment Act, 1978 | No Change |
| Does the law require additional compensation for night work? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §48-49 of the Employment Act, 1978 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | §49 of the Employment Act, 1978 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §49 & 50 of the Employment Act, 1978 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §1-5 of the Public Holidays Act, 1953; §86 of the Employment Act, 1978 | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §58-62 of the Employment Act,1978 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §14-15 & 18-23 of the Employment Act, 1978 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §22 of the Employment Act, 1978 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require a 30-day notice period before employment contract termination? | No | 0 | §33-36 of the Employment Act, 1978 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §101 of the Employment Act, 1978 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require maternity leave of at least 14 weeks? | No | 0 | §100 of the Employment Act, 1978 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | No | 0 | §100 of the Employment Act, 1978 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | No | 0 | §100 of the Employment Act, 1978 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §102, 97 & 100(2) of the Employment Act, 1978 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require employers to train workers on health and safety Issues? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | No | 0 | §98 & 99 of the Employment Act, 1978 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §36, 41-48, 54, 62, 65, 90 & 93 of the Workers' Compensation Act, 1978 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §2-4, 76-77 & 90-91 Superannuation Act, 2000; §5 & 6 of the Superannuation Regulations, 2002 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §2-4, 76-77, 94-95 & 124 of the Superannuation Act, 2000; §5 & 6 of the Superannuation Regulations, 2002 | No Change |
| Does the law provide for unemployment benefits? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §65 & 66 of the Employment Act, 1978 | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §2-4 & 90 of the Superannuation Act, 2000; §5 & 6 of the Superannuation Regulations, 2002 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | No | 0 | §2(1), (2), (5) & (9) of the Constitution, 1975; §97 of the Employment Act, 1978 | No Change |
| Does the law prohibit sexual harassment in employment? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law prohibit discrimination in employment matters? | No | 0 | §55 of the Constitution, 1975; §97 of the Employment Act, 1978; §1 & 3 of the Discriminatory Practices Act, 1963 | No Change |
| Does the law allow women to do the same job as men? | No | 0 | §48 of the Constitution, 1975; §98 & 99 of the Employment Act, 1978 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | §2A of the Superannuation Act, 2000; ISSA Country Profile for Papua New Guinea | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §38(1)(a)(F) of the Constitution, 1975; §103 & 141 of the Employment Act, 1978 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | Education Act, 1983 (No reference to compulsory eduation found in the law) | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | No | 0 | §104 & 105 of the Employment Act, 1978; §96 of Child Labour Act, 2009 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §23 & 43 of the Constitution, 1975; §208 of the Criminal Code Act, 2013 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §47, Constitution1975; §9 of the Industrial Organizations Act, 1962 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §255, Constitution 1975; §4, Industrial Relations Act, 1962; USDOS CRHRP 2023 (Papua New Guinea) | No Change |
| Does the law provide the right to strike? | Yes | 1 | §61 & Schedule I (10) of the Industrial Organizations Act, 1962 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | USDOS CRHRP 2023 (Papua New Guinea) | Score adjusted because of availability of a legal source |