Restrictive !

New Native Labour Ordinance for Papua-New Guinea is Now Law

Prom a Special Correspondent

Port Moresby, Sep. 26.

fIIHE new Native Labour Ordinance of X the Territory of Papua-New Guinea (No. 5 of 1946), which was originally published over a year ago, came into operation on September 15.

Its provisions are comprehensive and exacting, but it remains to be seen how it will be administered. Wide powers are bestowed on officers of the Native Labour Department, consequently, in ap plication, the effect of the Ordinance will differ according to whether it is ad ministered rigidly or with latitude by in dividual NLO’s.

Part I of the Ordinance deals with recruiting. Some of the more significant sections provide that:— ■ The number of natives who may leave any particular village may be limited, and persons who knowingly re move natives in excess of the specified quota are liable to a maximum penalty of £lOO. ■ Persons may recruit natives for em ployment, other than domestic employ ment, only if they hold a recruiter’s licence and either intend to enter into a contract v/ith such natives themselves or are in the regular salaried employ ment of persons who so intend. ■ A maximum penalty of £lOO may be imposed for recruiting natives who are apparently under sixteen, or not fully developed physically, or who are decrepit from old age or any other cause. ■ Recruiters shall receive no payment except in the form of a regular salary.

No bonuses or commissions may be paid. ■ Natives may not be recruited on ships.

PART II lays down rules for the draw ing up of contracts and specifies general conditions of employment.

Some features of this are:— ■ The maximum term for any contract shall be one year, and all contracts shall commence on the date of execution. ■ On completion of a contract, a labourer must be returned home and must spend at least three months in his own village. ■ Contracts must be executed in the presence of a District Labour Officer and cannot be executed until a medical officer has certified the employee’s fitness for employment. ■ I?he prospective employer must lodge a guarantee of whatever sum the District Labour Officer thinks fit. ■ Clothes and rations must be issued to an employee and all members of his family who may be living with him. ■ Separate married quarters must be provided for all employees who wish to have their wives and children with them.

IN another part of the Ordinance the minimum wage is fixed at 15/- per ... of which not more than a third can be paid at the end of the month, the rest being deferred until the termination of the contract. Employers must, at their own expense, provide medi cal treatment for employees and their wives and children. On termination of a contract the labourer and his family must be returned home at the employer’s expense and the employer shall also ration them until such return is effected.

A Workmen’s Compensation Section

provides that a Court may order compen sation for all injuries sustained “in the course of the employment” because of the employer’s negligence, and further, that contributory negligence will not be a defence of such an action, but may affect the calculation of damages.

The provisions for non-indentured labourers show how the spirit in which this Ordinance is administered will be vitally important. No labourers may be employed more than 25 miles from their villages unless indentured or unless the permission of the Director of Native Labour has been obtained. But at the

moment, there is a very large floating population of natives from distant vil lages in Port Moresby. Now, whether Moresby homes will have houseboys de pends entirely on the Director of Native Labour, who may have to decide between the generally admitted dangers of a floating urban population without ties and without security, wandering in and £ of 0 f O S?J^ blirig ’ tune ® battening on friends; and the equally obvious consequences of sending

these members of the urban houseboy market back home to their villages, and leaving washing day to Smbada.

Provision is made for the wives and

children of non-indentured labour, Females may not be indentured, but may be employed in domestic duties by married women.