Bill gives Minister power to declare public holidays

A proposal to give the Minister of Commerce, Industry and Labour the power to approve or decline a holiday for a private sector company was the subject of a heated debate in Parliament last week.

The plan is contained in a Bill proposing amendments to the Public Holidays Act 2008 which was in its second reading when Parliament convened on Tuesday.

Among the amendments is a clause that will give the Head of State the power to declare any day during a state of emergency, as an emergency holiday, for the purpose of protecting the employees.

But it was what appeared to be government interfering with the private sector that raised eyebrows.

Speaking in Parliament, M.P for Faleata East, Aveau Niko Palamo, reminded that private sector businesses should be free to make their decisions.

He objected to clause 7, which indicates that the Minister can approve or reject an application from a private business for a holiday.

“Why should I ask for his permission on when we can have a holiday or not when it’s my business,” Aveau asked.

“If I want to have a holiday for my business to celebrate my birthday or the 10th anniversary of the company, this law says I have to write to the Minister for his consent.

“It seems that the government is in control of my business.”

Under Clause 7A, the bill says; “The Minister may upon application by an employer to the Minister declare any day as an employer’s holiday in respect of the employer and employees of the employer.”

Tautua Whip, Lealailepule Rimoni Aiafi, also objected about a separate matter.

He said it seems that the bill would affect the opening hours and days for bakeries and shops that provide basic services for everyone.

Leala also questioned part of the bill, which refers to a special rate during public holidays.

“Why not specify the rates if it’s either double or normal for the employees so that they don’t clash with their employers?”

Leala said the Bill appears to interfere with the laws already in place to govern the private sector.

But deputy Prime Minister, Fonotoe Pierre Lauofo, who tabled the Bill, disagreed.

Firstly, Fonotoe explained that the proposed changes came about because of problems where “some employers worked during holidays without pay.”

He then rejected Leala’s reference to the bill affecting stores that provide basic services.

“Bakery and other stores are not affected by the legislation and it is also clear here on the rates they’ll be paid.

“We also have the Ministry of Labour to deal with employers and their pay.”

Prime Minister, Tuilaepa Sa’ilele Malielegaoi, backed Fonotoe.

He reminded that business owners have a responsibility to their customers, adding that there have been many cases where customers have been let down because of the reckless attitude of business owners.

He said when businesses are set up, they promise to serve their customers at all times.

And yet in many cases, these businesses would shut down at will leaving their customers in the cold.

He then used the example of a bus owner who asked for a business license to serve a village.

“They were granted a license to serve that village,” he said.

“After a while, we found that they had decided to make the trip optional so that the bus would go whenever they felt like.

“But how about the people and their children who need to go to school?

“They are the reason why the bus owners were given the license to provide transportation for them…you can’t just choose when you can provide the service and when not.”

Associate Ministe, Muagututagata Peter Ah Him, supported Tuilaepa.

He told Parliament that the amendment is important for both business people and their customers.