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Papua New Guinea Consolidated Legislation |
This reprint of this Statutory Instrument incorporates all amendments, if any, made before 2 April 2009 and in force at 2 April 2009.
.........
Legislative Counsel
Dated 2 April 2009
No. 8 of 2008.
Employment of Non-Citizens Regulation 2008
ARRANGEMENT OF SECTIONS.
Employment of Non-Citizens Regulation 2008
MADE by the Head of State, acting with, and in accordance with, the advice of the National Executive Council under the Employment of Non-Citizens Act 2007.
PART I. – PRELIMINARY.
(1) In this Regulation, unless the contrary intention appears –
“International English Language Testing System (IELTS)” means the internationally recognised testing system for academic and vocational English;
“the Act” means the Employment of Non-Citizens Act 2007.
(2) Except so far as the contrary intention appears in this Regulation, Section 3 of the Act applies for the purposes of this Regulation.
(1) Where a document is presented by a person for any purpose connected with this Act or Regulation, and the document is not written in English, the person must present at the same time a translation of the document into English.
(2) A translation referred to in Subsection (1) must be accompanied by a statement in English by the translator –
(a) stating the translator’s full name, address and occupation; and
(b) identifying the translator’s qualifications for making the translation; and
(c) certifying the translation is a true and correct translation of the document.
PART II. – PRESCRIBED FORMS.
An application for a work permit under Section 20(1)(a) of the Act shall be in Form 1 of Schedule 1.
An application for renewal of a work permit under Section 25(1)(a) of the Act shall be in Form 2 of Schedule 1.
An application for a bridging work permit under Section 23 of the Act shall be in Form 3 of Schedule 1.
A work permit issued under Section 34(1)(a) of the Act shall be in Form 4 of Schedule 1.
A work permit card issued under Section 34(1)(b) of the Act shall be in Form 5 of Schedule 1.
An employer’s register under Section 39 of the Act shall be in Form 6 of Schedule 1.
A statement of arrangement for repatriation under Section 44 of the Act shall be in Form 7 of Schedule 1.
PART III. – RESERVED AND ADVERTISED OCCUPATIONS.
For the purposes of Section 12(1) of the Act, occupations reserved for citizens are as specified in Schedule 2.
For the purposes of Section 13(1) of the Act, occupations to be advertised within Papua New Guinea are as specified as Schedule 3.
For the purposes of Section 13(2)(a) of the Act, an advertisement must –
(a) be placed in at least 1 separate edition of the Post Courier and the National newspapers; and
(b) clearly define the position offered and the duties to be performed; and
(c) stipulate the minimum qualifications and experience required to fill the position; and
(d) measure at least 60 millimetres by 60 millimetres.
(1) For the purposes of Section 13(2)(b) of the Act, an employer must submit to the Secretary a report containing –
(a) 1 original clipping of the advertisement from the Post Courier or the National newspapers; and
(b) details of the dates on which each advertisement was published; and
(c) a statement justifying why a citizen is not suitable to fill the position.
(2) The original clipping referred to in Subsection (1)(a) must not be older than 3 months at the time of the report, which period shall be calculated from the closing date for applications.
PART IV. – LANGUAGE PROFICIENCY.
Unless the Secretary determines otherwise, applicants who are citizens of the countries in Schedule 4 are deemed to be proficient in English.
(1) For the purposes of Section 17(1) of the Act, an applicant may prove his or her proficiency in English if the applicant –
(a) has an International English Language Testing System (IELTS) certificate showing an overall band score of at least 4 in the General or Academic Module; or
(b) has a certificate from a recognised English Language Instruction Institution which confirms the applicant’s proficiency in English; or
(c) has completed at least 5 years of secondary education at a school or schools that taught in English; or
(d) has completed a 3 years tertiary qualification that was taught in English; or
(e) can otherwise show, to the satisfaction of the Secretary, that the applicant is proficient in English.
(2) The certificates referred to in Subregulation (1)(a) and (b) shall not be older than 5 years at the time of application for the work permit.
An applicant may prove his or her proficiency in Pisin or Hiri Motu in the manner determined to be appropriate by the Secretary under the circumstances.
PART V. – GOOD CORPORATE CITIZENS OF PAPUA NEW GUINEA.
For the purposes of Section 52(2) of the Act, a Good Corporate Citizen may be granted work permits of up to 5 years in duration.
PART VI. – INFRINGEMENT NOTICES.
An infringement notice shall be in the form specified in Form 8 of Schedule 1.
The penalty specified in the infringement notice must not exceed 50 percent of the maximum fine that a court could impose for the offence as set out in Schedule 5.
If an infringement notice has been served on a person, the Secretary may, if he or she is satisfied that in all the circumstances it is proper to do so, allow a further period for payment of the penalty than the time period allowed in the infringement notice.
The Secretary may withdraw an infringement notice served on a person by serving written notice of the withdrawal on the person –
(a) within 28 days after the date of service of the infringement notice; or
(b) if the Secretary allows a further period of time in which to pay the penalty for the offence mentioned in the notice –before the end of the further period.
If an infringement notice has been served on a person –
(a) the person has paid the prescribed penalty in accordance with the notice; and
(b) the notice is subsequently withdrawn,
the Secretary must arrange for the refund to the person of an amount equal to the amount paid.
If a person served with an infringement notice pays the penalty specified in the infringement notice in accordance with this Section –
(a) the person’s liability in respect of the offence is discharged; and
(b) further proceedings cannot be taken against the person for the offence; and
(c) the person is not convicted of the offence.
If a cheque is offered as payment of all or part of the amount of a penalty specified in an infringement notice, payment is taken not to have been made unless the cheque is honoured on presentation.
Nothing in this Part –
(a) requires an infringement notice to be served on a person in relation to an offence; or
(b) affects the liability of a person to be prosecuted for an offence if the person does not comply with an infringement notice; or
(c) affects the liability of a person to be prosecuted for an offence if an infringement notice is not served on the person in relation to the offence; or
(d) affects the liability of a person to be prosecuted for an offence if an infringement notice is served and withdrawn; or
(e) limits the amount of the fine that may be imposed by a court on a person convicted of an offence.
PART VII. – FEES.
Fees payable under the Act shall be as set out in Schedule 6 in relation to matters specified in that Schedule.
SCHEDULE 1 – PRESCRIBED FORMS.
Employment of Non-citizens Act 2007.
Act, Sec. 20(1)(a) Form 1 Reg. Sec.3 |
---|
APPLICATION FOR NEW WORK PERMIT |
EMPLOYER DETAILS |
|
All answers must be completed in block letters. |
|
Copy of photo page of employee’s passport [ ] |
Copy of updated curriculum vitae [ ] |
Copy of job description [ ] |
Certified evidence of education qualifications [ ] |
Copy of employment contract signed by both employee and employer [ ] |
Two recent, clear, colour passport sized photographs of employee [ ] |
Employer’s right thumb print mark [ ] |
Evidence of membership of professional association (where relevant) [ ] |
Evidence of English Language Proficiency [ ] |
Employers Certificate of Incorporation from Investment Promotion Authority (IPA) [ ] |
Evidence of payment of fee (non –refundable) [ ] |
If the applicant does not hold a valid work permit, the applicant is outside PNG [ ] |
|
NATURE OF APPLICATION |
|
1. Is this an application for a General Work Permit? Yes [ ] No [ ] (i.e. work of
a commercial nature) |
|
2. Is this an application for a Volunteer Work Permit? Yes [ ] No [ ] (i.e. work
of a non –commercial, voluntary nature) |
|
3. Is this an application for a Short Term Work Permit? Yes [ ] No [ ] (i.e. less than
six months) |
|
4. Is this an application for a Long Term Work Permit? Yes [ ] No [ ] [ ] (i.e.
for six months or more) |
|
Please indicate term of work permit required: |
Short term: 6 Months [ ] |
Long term: 1 Year [ ] 2 Years [ ] 3 Years [ ] 5 Years [ ] (Good Corporate Citizens Only – see Notes) [ ] |
|
For official use only |
|
Recommendation ... |
|
EMPLOYERS DETAILS |
|
All answers must be completed in block letters. |
|
5. Employer: ... 6. Employer Address: ... |
|
7. Tel: 8. Fax: ... 9. e –mail: ... |
|
10. Industrial Division (selected from “PNG Classification of Industrial Divisions”)... |
|
11.Industrial Division Code (selected from “PNG Classification of Industrial Divisions”): ... |
|
12. How may Papua New Guinean employees are employed by this company? ... |
|
13. How many non –citizen employees are employed by this company? ... |
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POSITION DETAILS |
|
14. Job Title (as per position description): ... |
|
15. Occupation (selected from “PNG Classification of Occupations”): ... |
|
16. Job Code (selected from “PNG Classification of Occupations”): ... |
|
17. Internal Company Position Code: ... 18. Province of Primary Work Location:... |
|
19. Will the employee be required to travel to locations other than the primary work location? Yes No Go to question 21 |
|
20. If yes, please provide details: ... |
|
21. Is this position a reserved occupation (see Notes)? Yes [ ] Application ineligible
No [ ] Go to question 22 |
|
22. Is it a requirement that this position be advertised (see Notes)? Yes [ ] Go to question 23 No [ ] Go
to question 24 |
|
23. If yes, attach relevant details (refer Notes): [ ] Copy of Advertisement
[ ] Details of dates advertised [ ] Statement |
|
EMPLOYEE DETAILS |
|
36. Is the employee from a designated English Speaking country (see Notes)?
Yes [ ] Go to question 40 No [ ] Go to question 37 |
|
37. If no, has the employee passed a test of English Language Proficiency? Yes [ ] Provide details at question 38
No [ ] Go to question 39 |
|
38. Evidence of English Language Proficiency: Education Institution Date test undertaken (dd/mm/yy)
Results (Attach Certified Copy) ...
... ... |
|
39. Please provide alternative proof of English Language Proficiency (see Notes). |
|
SALARY PACKAGE OF EMPLOYEE |
|
40. What is the total salary package (Salary and Non –salary) of Employee (see Notes)?
Salary (i.e. Take Home Pay) Non –salary Allowances Total Salary Package K..
K.. K.. |
|
DECLARATION |
|
41. We hereby declare that: |
(a) All information provided in this application (including all attached documentation) is true and correct; and |
(b) We understand that the provision of false or misleading information may result in the refusal of this application, or, in
the event that the work permit is issued, cancellation. |
|
Signature of Employer Signature of Employee
COMPANY STAMP |
Name of Employer (print) Name of Employee (print)
Date |
Right thumb print mark of employee |
|
NOTES |
|
This notes are provided to assist applicants with completing this application form. For |
further information, please refer to the Employment of Non –citizens Act 2007, the |
Regulation and the Work Permit Guidelines. |
|
1. FEE SCHEDULE |
General Long Term Work Permit: K,000 per year |
General Short Term Work Permit: K500 |
Volunteer Long Term Work Permit: K100 per year |
Volunteer Short Term Work Permit: K50 |
|
2. GOOD CORPORATE CITIZENSHIP |
Only employers who have been granted Good Corporate Citizenship status by the |
Minister for Labour and Industrial Relations may make application for five (5) |
year work permits. For further information, please see the Work Permit Guidelines. |
|
3. RESERVED OCCUPATIONS |
Certain positions are reserved for Papua New Guinea citizens. Please refer to the PNG List of Occupations, the Regulation
and the Work Permit Guidelines for further information. |
|
4. POSITIONS TO BE ADVERTISED |
Certain jobs must be advertised in Papua New Guinea before a work Permit can be issued to a non –citizen. |
For further information, please refer to the PNG List of Occupations, the Regulation and the Work Permit Guidelines. Where it
is a requirement that a position be advertised, you must attach the following to this application: (a) copy of the original advertisement;
(b) details of the dates the position was advertised; and (c) statement why a PNG Citizen was not considered suitable. |
|
5. COUNTRY OF ORIGIN/REPATRIATION |
The Employment of Non –citizens Act 2007 requires that non –citizens be repatriated to their country of origin if their employment is terminated for any reasons.
For further information, please see the Work Permit Guidelines. |
|
6. ENGLISH LANGUAGE REQUIREMENTS |
Section 17(1) of the Employment of Non –citizens Act 2007 requires that all non –citizens prove that they are proficient in English. Where a non –citizen is form a country
not assumed to be proficient in English, they must provide evidence of English Language proficiency before the work permit can be
granted. For further information, please see the Work Permit Guidelines. |
|
7. SALARY PACKAGE OF EMPLOYEE |
The total salary package of an employee consists of actual take home pay (e.g. the annual salary paid to the employee) plus any
other allowances and benefits paid to, or no behalf of, the employee (e.g. air tickets, housing, living allowances etc). |
|
HELPFUL HINTS: |
Keep a copy of this application and all supporting documentation for your records Ensure
that the application is complete and signed Consult the Work Permit
Guidelines Ensure that all supporting documentation (other than originals) is certified
true and correct |
Contact Us: Fax: Or visit us at: |
Employment of Non-citizens Act 2007
Act, Sec. 25(1)(a) Form 2. Reg. Sec.4 |
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|
APPLICATION FOR RENEWAL OR EXISTING WORK PERMIT |
|
APPLICATION CHECKLIST |
|
All answers must be completed in block letters. |
Applications must be accompanied by the following: (please tick appropriate box) |
|
Copy of existing work permit [ ] |
Copy of Working Residing Entry Permit [ ] |
Copy of photo page of employee’s passport [ ] |
Update curriculum vitae [ ] |
Copy of employment contract signed by both employee and employer [ ] |
Two recent, clear, colour passport sized photographs of employee [ ] |
Evidence of membership of professional associated (where relevant) [ ] |
Evidence of payment of fee (non –refundable) [ ] |
|
NATURE OF APPLICATION |
|
1. Is this an application for the renewal of a General Work Permit? Yes[ ] No[ ] |
2. Is this an application for the renewal of a Volunteer Work Permit? Yes[ ] No[ ] |
3. Please indicate term of work permit required: Short term: 6 Months [ ]
Long term: 1 Year [ ] 2 Years [ ] 3 Years [ ] 5 Years (Good Corporate Citizens Only – see
Notes) [ ] |
|
EMPLOYER DETAILS |
|
4. Employer Name: ... |
5. Employer Address: ... |
6. Telephone: ... 7. Fax: ... 8. e –mail: ... |
|
EMPLOYEE DETAILS |
|
9. Employee Surname (as shown in passport): ... |
10. Employee Given Names (as shown in passport): ... |
11. Date of Birth: Day... Month ... Year ... |
12. Gender: Male [ ] Female [ ] |
13. Nationality (as shown in passport): ... 14. Passport Number: ... |
|
EMPLOYER DETAILS |
|
15. Existing Work Permit Number: ... |
16. Is this application for renewal with the same employer? Yes [ ] Go to question 17 No [
] Make application for new work permit |
17. Is this application for renewal in the same employer? Yes [ ] Go to question 18 No [
] Make application for new work permit |
|
SALARY PACKAGE OR EMPLOYEE |
|
18. What is the total salary package (Salary and Non –Salary) of the Employees (see Notes)?
Salary (i.e. Take Home Pay) Non Salary Allowances Total Salary Package K ...
K ... K ... |
|
TRAINING |
|
19. Under Section 26(1)(a) of the Employment of Non –citizens Act 2007, the Secretary may take into account an employer’s
commitment to the training and development of Papua New Guinean workers when considering an application to renew a work permit.
Please outline in an attachment to this application how the employer (and the employee) have contributed
to the training and development of Papua New Guinean nationals. |
|
DECLARATION |
|
20. We hereby declare that: |
(a) All information provided in this application (including all attached documentation) is true and correct; and |
(b) We understand that the provision of false or misleading information may result in the refusal of this application, or, in the
event that the work permit is issued, cancellation. |
Signature of Employer Signature of Employee COMPANY STAMP |
Name of Employer (print) |
|
Date ... |
|
For official use only Recommendation |
|
NOTES |
Good Corporate Citizenship –only employers who have been granted Good Corporate Citizenship status by the Minister for
Labour and Industrial Relations may make application for five (5) year work permits. |
|
Salary Package of Employee –total salary package of an employee consists of actual take home pay (i.e. the annual salary
paid to the employee) plus any other allowances and benefits paid to, or on behalf of, the employee (i.e. air tickets, housing, living
allowances etc). |
Employment of Non-citizens Act 2007
Act, Sec. 23 Form 3. Reg. Sec. 5 |
APPLICATION FOR BRIDGING WORK PERMIT |
NOTES |
1. This application should only be used where an existing application for a new work permit has been lodged with the Department of
Labour and Industrial Relations, and that application has yet to be approved |
2. Where an application for renewal in the same position has been made, a bridging work permit is not required. Under the Employment
of Non-citizens Act 2007, all renewal applications receive an automatic sixty (60) day extension. |
3. To be eligible to apply for this work permit, the employee must have a valid work permit at the time of application and that work
permit must be about to expire. |
4. Granting of a bridging Work Permit does not automatically lead to the granting of a new Work Permit |
5. All answers must be competed in block letters. |
6. Applications must be accompanied by the following (please tick appropriate box): Copy of existing work permit [ ] Evidence of payment of fee (non-refundable) [ ] |
|
EMPLOYMENT DETAILS |
1. Name & Address of Employer: ... |
|
EMPLOYEE DETAILS |
2. Employee Surname: ... 3. Employee Given Names: ... 4. Date of Birth: Day ... Month ... Year ... 5. Gender: Male [ ] Female [ ] |
|
WORK PERMIT DETAILS |
6. Employees Existing Work Permit Number: ... |
7. Work permit Expires: Day ... Month ... Year ... |
8. New Application Lodged: Day ... Month ... Year ... |
|
DECLARATION |
9. We hereby declare that: |
(a) All information provided in this application (including all attached documentation) is true an correct; |
(b) We understand the granting of a Bridging Work Permit may not lead to the granting of a new work permit |
(c) We understand that the provision of false or misleading information may result in the refusal of this application, or, in the
event that the work permit is issued, cancellation. |
|
Signature of Employer Signature of Employee |
COMPANY STAMP |
Name of Employer (print) Name of Employee (print) |
|
Date ... |
Employment of Non-citizens
Act. Sec. 34(1)(a) Form 4. Reg. Sec. 6 |
GOVERNMENT OF PAPUA NEW GUINEA |
Department of Labour and Industrial Relations |
Office of the Secretary |
Employmer/Company |
|
Dear Sir/Madam, |
This is to confirm that the Department of Labour and Industrial Relations has approved the Foreigner Work Permit noted below for the
following employee of your company. |
Employee Name: |
Type of Work Permit: |
Conditions (if any): |
PNG Occupation Title: |
PNG Occupation Code: |
Company Position Code: |
Issue Date: |
Permit Expires end of: |
Work Permit Number: |
|
_______________ |
Signed |
Secretary for the Department of Labour and Industrial Relations |
Employment of Non-citizens
| |
Employment of Non-citizens Act 2007 | |
Act, Sec. 34(1)(b) Form 5. Reg. Sec.7 | |
WORK PERMIT CARD | |
PNG General Work Permit / PNG Volunteer Work Permit | |
| PHOTOGRAPH |
| |
| RIGHT THUMB PRINT |
| |
WP No.: | |
Nationality: | |
Exp Date: | |
Job Title: | |
Conditions: | |
Passport No.: | |
| |
| |
Secretary | |
Department of Labour & Industrial Relations |
Employment of Non-citizens
| ||||
Employment of Non-citizens Act 2007 | ||||
Act, Sec. 39(1) Form 6 Reg. Sec. 8 | ||||
EMPLOYER’S REGISTER OF WORK PERMITS | ||||
Name of employer: | ||||
Principle place of business: | ||||
Full Name | Occupation | Work Permit No. | Expiry Date | Has this Work Permit be Cancelled? |
| | | | |
| | | | |
| | | | |
*NOTE: Copies of all work permits and cancellation notices must be attached to this Register. | ||||
Company Declaration | ||||
I certify that the information contained within this Register is true and correct: | ||||
| ||||
(Print name): | ||||
(Title): | ||||
(Signature): | ||||
| ||||
Section 39 of the Employment of Non-citizens Act 2007 requires that all employers keep an employer’s register in a format prescribed
under the Regulation. It is acceptable for employers to reproduce the register to suit their own purposes. However, the information
in this prescribed form must be included. | ||||
| ||||
This register must be produced to an Authorised Officer on request. |
Employment of Non-citizen
|
Employment of Non-citizens Act 2007 |
Act, Sec. 44 Form: 7 Reg. 9 |
STATEMENT OF ARRANGEMENT FOR REPATRIATION AND CANCELLATION OF WORK PERMIT |
Name of employer: |
Principal place of business: |
Name of non-citizens: |
Work Permit No: |
Name(s) of dependents (if any): |
Place of origin/repatriation: |
Reason for Termination/Separation: Dismissed [ ] Resigned [ ] Completion of contract [ ] |
Other Transferred to Another Position [ ] Death [ ] |
Date of Repatriation: [ ] |
Evidence of Repatriation: Travel Itinerary [ ] Boarding Pass [ ] Airline Ticket [ ] |
Return of Work Permit Card |
Work Permit Card Attached [ ] Note: a person who fails to return a work permit card commits an offence and is liable to a fine not
exceeding K1000. |
|
I certify that the information contained within the Statement is true and correct: |
(Print name) |
(Signature) |
(Title) |
(Date) |
NOTE: This Statement must be directed to the Secretary, Department of Labour and Industrial Relations, P.O. Box 5644, Boroko N.C.D
or by fax on (675) 325 6655 as soon as practicable after the termination of the non-citizen’s contract of employment. |
Employment of Non-citizens
|
Employment of Non-citizens Act 2007 |
Ac, Sec. 58(1) Form 8. Reg. Sec. 18 |
INFRINGEMENT NOTICE |
Number: |
Date f service: Day ... Month ... Year ... |
To (Full name of the person on whom the Notice is served): ... |
|
Of (Full address of the person, including company details, on whom the Notice is served): ... |
|
I, (Name and position of the officer authorised to serve the Notice) ... being an officer permitted to serve an Infringement Notice for the purposes of the Employment of Non-citizens Act 2007, have reasonable grounds to believe that at approximately ... am/pm, on (date, full name of month and year) ... at (insert name of place here) ... you contravened Section (insert section) ... of the Employment of Non-citizens Act 2007 in that (insert description of the offence) ... |
|
Accordingly, I issue you with an Infringement Notice under Section 58 of the Employment of Non-citizens Act 2007. An amount of K (insert the amount of penalty in figures and write in full) ... is payable to the Department of Labour and Industrial Relation within 28 days of this Notice, or such other time as the Secretary
allows. |
RECIPIENTS DETAILS: |
Full name and signature: ... |
Position company details: ... |
Phone: (0) ... (Mob) ... Fax: ... e-mail: ... |
DETAILS OF OFFICER SERVING NOTICE: |
Full name and signature: ... |
Place of service: ... |
|
Date: ... Time: ... AM/PM |
Additional Comment (if needed): ... |
Please refer to page 2 for more information in relation to this Infringement Notice. THIS FORM |
MUST BE COMPLETED IN TRIPLICATE |
IMPORTANT INFORMATION ABOUT THIS INFRINGEMENT NOTICE |
|
What is the legal basis for the Infringement Notice? |
In accordance with Section 58 of the Employment of Non-citizens Act 2007, the Secretary, Department of Labour and Industrial Relations
(or delegate) may serve an Infringement Notice on a person if it appears that person has breached certain provisions of the Act.
The form of the Notice, and other matters, are set out in Part VI of the Employment of Non-citizens Regulation, Further information about Infringement Notices can be found in the Work Permit Guidelines which are available for purchase from
the Department of Labour and Industrial Relations, Foreign Employment Division which is located at Moale Haus, Waigani, Port Moresby. |
How do I pay the penalty? |
The penalty must be paid by way of a bank cheque made out to the Department of Labour and Industrial Relations. The cheque must be
delivered to the Department’s Head Office (see details below) and an official receipt obtained. You must retain the receipt
as proof of payment. Payment will be taken to be made only when the cheque is honoured on presentation. |
Where do I pay the penalty? |
The Department of Labour and Industrial Relations Head Office, Level 9, Pacific Place, Port Moresby, Papua New Guinea. This office
is open from 8am to 1pm, Monday to Friday. |
When is the penalty payable? |
The penalty is payable within 28 days from the date of the Notice. |
Can I apply for additional time to pay? |
You can apply for additional time to pay the penalty. You must apply within 28 days of the date of this Notice. You must write to
the Secretary, Department of Labour and Industrial Relations, and you must say how much extra time you want and why your request
should be granted. You will receive written notice of the Secretary’s decision regarding your request for additional time.
If you are not granted extra time, the penalty remains payable within 28 days from the date of this Notice, or 7 days after you were
told that you would not be given the extra time to pay, whichever is the later. |
Can the Infringement Notice be withdrawn? |
Yes. The Secretary, Department of Labour and Industrial Relations may withdraw the Notice either before or after the penalty is paid.
If you paid the penalty, and the Notice is withdrawn, your payment will be refunded. |
Can I dispute liability for the offence in Court? |
If you wish, the matter may be referred to Court. However, if you do that, and the Court finds against you, then, you could be: |
(a) convicted of an offence; and |
(b) ordered to pay an increased penalty, plus Court costs; and |
(c) subject to other Court orders. |
What happens if the penalty is paid within 28 days of the date of the Notice (or any extra time given by the Secretary, Department
of Labour and Industrial Relations)? |
If the penalty is paid, then: |
(a) your liability for the offence is discharged; and |
(b) you will not be prosecuted for the offence in Court; and |
(c) you will not be taken to have been convicted of the offence. |
What happens if I do not pay the penalty? |
If you do not pay the penalty within 28 days of the Notice (or any extra time given by the Secretary, Department of Labour and Industrial
Relations) you may be sent a Reminder Notice. Alternatively, the matter could be referred to Court. |
What are the Department’s contact details? |
Any communications in relation to this Infringement Notice should be addressed to: The Secretary, Department of Labour and Industrial
Relations, P.O. Box 5644, Boroko, NCD, Papua New Guinea, telephone (675) 323 2911, facsimile (675) 325 6655 |
|
SCHEDULE 2. – .
Employment of Non-citizens
Act, Sec.12(1) Reg. Sec. 10 |
OCCUPATIONS RESERVED FOR CITIZENS |
|
Non-commercial Farmers or Farm Managers |
Migration and Employment Agent |
Pastrycook |
Cook (General) |
Gardener |
Nurseryperson |
Hairdresser (General) |
Jeweller (General) |
Ambulance Officer |
Enrolled Nurse |
Child Care Worker |
Nanny / Babysitter |
Preschool Aide |
Teachers’ Aide |
Aged or Disabled Carer |
Orderly and Nursing Support Worker |
Bar Attendant |
Café Worker |
Gaming Worker |
Doorperson or Luggage Porter |
Waiters |
Alarm, Security or Surveillance Monitor |
Armoured Car Escort |
Security Officer/Guard |
Gallery or Museum Guide |
Tour Guide |
Tourist Information Officer |
Travel Consultant (General) |
Flight Attendant (Domestic) |
Outdoor Adventure Guide |
Outdoor Adventure Porter |
Office Manager |
Personal / Executive Assistant (General) |
Secretary (General) |
Legal Secretary |
General Clerk |
Word Processing Operator |
Call or Contact Centre Team Operator |
Receptionist |
Accounts Clerk |
Cost Clerk |
Bookkeeper |
Payroll Clerk |
Bank Worker |
Credit or Loans Officer |
Insurance Consultant |
Money Market Clerk |
Statistical Clerk |
Betting Agency Counter Clerk |
Bookmaker’s Clerk |
Telephone Betting Clerk |
Courier |
Filing or Registry Clerk |
Mail Clerk |
Survey and Market Research Interviewer |
Switchboard Operator |
Order Clerk |
Production Clerk |
Purchasing Officer |
Sales Clerk |
Stock Clerk |
Warehouse Administrator |
Storeperson |
Debt Collector |
Human Resource Clerk |
Library Assistant |
Coding Clerk |
Production Assistant (Film, Television, Radio or Stage) |
Radio Despatcher |
Insurance Agent |
Sales Representatives |
Property Manager |
Rental Salesperson |
Real Estate Agent |
Sales Assistant (General) |
ICT Sales Assistant |
Motor Vehicle Salesperson |
Automotive Parts Salesperson |
Pharmacy Sales Assistant |
Retail Supervisor |
Service Station Attendant |
Door-to-door salesperson |
Street Vendor |
Checkout Operator |
Office Cashier |
Model |
Sales Demonstrator |
Telemarketer |
Ticket Seller |
Transport Conductor |
Visual Merchandiser |
Industrial Spraypainter |
Paper and Wood Products Machine Operator |
Photographic Developer and Printer |
Plastics and Rubber Production Machine Operators |
Sewing Machinist |
Textile and Footwear Production Machine Operators |
Motion Picture Projectionist |
Crane, Hoist or Lift Operator (General) |
Engineering Production Systems Worker |
Boiler or Engine Operator |
Bulk Materials Handling Plant Operator |
Cement Production Plant Operator |
Concrete Batching Plant Operator |
Concrete Pump Operator |
Paper and Pulp Mill Operator |
Waste Water or Water Plant Operator |
Weighbridge Operator |
Agricultural and Horticultural Mobile Plant Operator |
Logging Plant Operator |
Earthmoving Plant Operator (General) |
Backhoe Operator |
Bulldozer Operator |
Excavator Operator |
Grader Operator |
Loader Operator |
Forklift Driver |
Aircraft Baggage Handler and Airline Ground Crew |
Linemaker |
Paving Plant Operator |
Road Roller Operator |
Streetsweeper Operator |
Chauffeur |
Taxi Driver |
Bus Driver |
Charter and Tour Bus Driver |
Passenger Coach Driver |
Delivery Driver |
Truck Driver (General) |
Aircraft Refueller |
Furniture Removalist |
Tanker Driver |
Tow Truck Driver |
Car Detailer |
Commercial Cleaner |
Domestic Cleaner |
Commercial Housekeeper |
Domestic Housekeeper |
Laundry Worker (General) |
Drycleaner |
Ironer or Presser |
Carpet Cleaner |
Window Cleaner |
Builder’s Labour |
Drainage, Sewerage and Stormwater Labourer |
Earthmoving Labourer |
Plumber’s Assistant |
Concreter |
Fencer |
Building Insulation Installer |
Home Improvement Installer |
Paving and Surfacing Labourer |
Crane Chaser |
Driller’s Assistant |
Lagger |
Mining Support Worker |
Surveyor’s Assistant |
Baking Factory Worker |
Brewery Worker |
Confectionery Maker |
Dairy Products Maker |
Fruit and Vegetable Factory Worker |
Grain Mill Worker |
Sugar Mill Worker |
Meat Boner and Slicer |
Slaughterer (General) |
Meat, Poultry or Seafood Process Worker |
Chocolate Packer |
Container Filter |
Fruit and Vegetable Packer |
Meat Packer |
Seafood Packer |
Product Assembler |
Metal Engineering Process Worker |
Plasti9cs Factory Worker |
Rubber Factory Worker |
Product Examiner |
Product Grader |
Product Tester |
Paper and Pulp Mill Worker |
Sawmill or Timber Yard Worker |
Wood and Wood Products Factory Worker |
Cement and Concrete Plant Worker |
Chemical Plant Worker |
Clay Processing Factory Worker |
Fabric and Textile Factory Worker |
Footwear Factory Worker |
Glass Processing Worker |
Hide and Skin Processing Worker |
Aquaculture Worker |
Coffee Farm Worker |
Cocoa Farm Worker |
Coconut / Copra Farm Worker |
Oil Palm Farm Worker |
Rubber Farm Worker |
Tea Plantation Worker |
Sugar Cane Farm Worker |
Mixed Crop Farm Worker |
Fruit Farm Worker |
Vegetable Farm Worker |
Forestry Worker |
Logging Assistant |
Tree Faller |
Garden Labourer |
Horticultural Nursery Assistant |
Beef Cattle Farm Worker |
Goat Palm Farm Worker |
Mix Livestock Farm Worker |
Pig Farm Worker |
Poultry Farm Worker |
Sheep Farm Worker |
Mixed Crop and Livestock Farm Worker |
Hunter-Trapper |
Pest or Weed Controller |
Fast Food Cook |
Pastrycook’s Assistant |
Kitchenhand |
Freight Handler |
Truck Driver’s Offsider |
Waterside Worker |
Shelf Filler |
Caretaker |
Deck Hand |
Fishing Hand |
Handyperson |
Motor Vehicle Parts and Accessories Fitter (General) |
Autoglazier |
Exhaust and Muffler Fitter |
Radiator Fitter |
Tyre Fitter |
Printer’s Assistant |
Printing Table Worker |
Recycling or Rubbish Collector |
Vending Machine Attendant |
Bicycle Mechanic |
Car Park Attendant |
Crossing Supervisor |
Electoral or Telecommunications Trades Assistant |
Leaflet or Newspaper Deliverer |
Mechanic’s Assistant |
Sign Erector |
Ticket Collector or Usher |
Trolley Collector |
SCHEDULE 3. – .
Employment of Non-citizens
Act, Sec. 13(1) Reg. Sec. 11 |
---|
OCCUPATIONS TO BE ADVERTISED |
|
Assistant or Deputy Managers |
Human Resources Adviser |
Recruitment Consultant |
Industrial Relations Advisor |
Liaison Officer |
Automotive Electrician |
Motor Mechanic |
Diesel Motor Mechanic |
Motorcycle Mechanic |
Small Engine Mechanic |
Blacksmith |
Electoroplater |
Metal Casting Trades Worker |
Metal Polisher |
Sheetmetal Trades Worker |
Metal Fabricator |
Pressure Welder |
Welder |
Fitter (General) |
Fitter and Turner |
Fitter-Welder |
Metal Mechanist |
Textile, Clothing and Footwear Mechanic |
Panelbeater |
Vehicle Body Builder |
Vehicle Trimmer |
Vehicle Painter |
Bricklayer |
Stonemason |
Carpenter and Joiner |
Floor Finisher |
Painting Trades Worker |
Glazier |
Plasterer |
Roof Tiler |
Wall and Floor Tiler |
Plumber (General) |
Airconditioning and Mechanical Services Plumber |
Drainer / Drainlayer |
Gasfitter |
Electrician |
Lift Mechanic |
Airconditioning and Refrigeration Mechanic |
Electrical Linesworker / Electrical Line Mechanic |
Technical Cable Jointer |
Business Machine Mechanic |
Communications Operator |
Electronic Equipment Trades Worker |
Electronic Instrument Trades Worker |
Cabler (Data and Telecommunications) |
Telecommunications Cable Jointer |
Telecommunications Linesworker |
Telecommunications Technician |
Florist |
Arborist |
Landscape Gardener |
Greenkeeper |
Binder and Finisher |
Screen Printer |
Printing Machinist |
Printing and Graphic Trades Worker |
Canvas and Leather Goods Maker |
Appeal Cutter |
Clothing Patternmaker |
Upholsterer |
Cabinetmaker |
Furniture Finisher |
Picture Framer |
Wood Machinist |
Wood Turner |
Gallery or Museum Technician |
Library Technician |
Broadcasting Transmitter Operator |
Camera Operator (Film, Television or Video) |
Light Technician |
Make Up Artist |
Sound Technician |
Television Equipment Operator |
Signwriter |
Driving Instructor |
Proof Reader |
Auctioneer |
SCHEDULE 4. – .
Employment of Non-citizens
Act, Sec. 17(3) Reg. Sec. 14 |
---|
NON-CITIZEN DEEMED TO BE PROFICIENT IN ENGLISH |
|
Antigua and Barbuda |
Australia |
Bahamas |
Barbados |
Belize |
Canada |
Cook Islands |
Dominica |
Federated States of Micronesia |
Fiji |
Gambia |
Ghana |
Grenada |
Guam |
Guyana |
Ireland |
Israel |
Jamaica |
Kenya |
Kiribati |
Lesotho |
Liberia |
Malawi |
Malaysia |
Maldives |
Mali |
Malta |
Marshall Islands |
Mauritus |
Namibia |
Nauru |
Nepal |
New Zealand |
Nigeria |
Palau |
Philippines |
Saints Kitts and Nevis |
Saint Lucia |
Samoa and American Samoa |
Seychelles |
Sierra Leona |
Singapore |
Solomon Islands |
South Africa |
St. Vincent & Grenadines |
Swaziland |
Tanzania |
Tonga |
Trinidad and Tobago |
Tuvalu |
Uganda |
United Kingdom |
United States of America |
Vanuatu |
Zambia |
Zimbabwe |
SCHEDULE 5. – .
Employment of Non-citizens
Act, Sec. 58(2) Reg. Sec. 19 | ||
---|---|---|
AMOUNT OF INFRINGEMENT NOTICE | ||
Offence specified in the Employment of Non-citizens Act 2007 | Maximum fine that a court can impose | Maximum penalty which can be specified in the infringement notice |
Section 6(1) | K20,000.00 | K10,000.00 |
Section 6(2) | K10,000.00 | K5,000.00 |
Section 6(3) | K10,000.00 | K5,000.00 |
Section 11(2) | K10,000.00 | K5,000.00 |
Section 35(2) | K1,000.00 | K500.00 |
Section 36(2) | K1,000.00 | K500.00 |
Section 39(4) | K1,000.00 | K500.00 |
SCHEDULE 6 – . .
Employment of Non-citizens
Act, Sec. 61 Reg. Sec. 26 | ||
---|---|---|
FEES | ||
1 | Application for General Work Permit | K1000.00 for each year of the worker permit |
2 | Application for Volunteer Work Permit | K100.00 for each year of the work permit |
3 | Application for Bridging Work Permit | K100.00 |
4 | Application for General Short Term Work Permit | K500.00 |
5 | Application for Volunteer Short Term Work Permit | K50.00 |
6 | Application for Renewal of General Work Permit | K1000.00 for each year of the work permit |
7 | Application for Renewal of Volunteer Work Permit | K100.00 for each year of the work permit |
8 | Duplicate Work Permit | K100.00 for each copy |
9 | Duplicate Work Permit Card | K100.00 for each copy |
10 | Lodging an Appeal | K50.00 |
11 | Copy of the Employment of Non-citizens Guidelines | K25.00 |
Office of Legislative Counsel, PNG
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URL: http://www.paclii.org/pg/legis/consol_act/eonr2008396