LAWS OF THE REPUBLIC OF VANUATU
CONSOLIDATED EDITION 2006
PART 10 – TERMINATION OF CONTRACT
Subject to the provisions of this Part
a contract of employment shall terminate on the last day of the period agreed in the contract or on the completion of the piece of work specified therein.
(1) A contract of employment for an unspecified period of time shall terminate on the expiry of notice given by either party to the other of his intention to terminate the contract.
(2) Notice may be verbal or written, and, subject to subsection (3), may be given at any time.
(3) The length of notice to be given under subsection (1) –
(a) where the employee has been in continuous employment with the same employer for not less than 3 years, shall be not less than 3 months;
(b) in every other case –
(i) where the employee is remunerated at intervals of not less than 14 days, shall be not less than 14 days before the end of the month in which the notice is given;
(ii) where the employee is remunerated at intervals of less than 14 days, shall be at least equal to the interval.
(4) Notice of termination need not be given if the employer pays the employee the full remuneration for the appropriate period of notice specified in subsection (3).
During the period of notice an employee shall be entitled to a reasonable period of time off work without loss or reduction of remuneration in order to be able to seek other employment.
The 2009-2012 ILO Decent Work Country Programme for Vanuatu was formulated together with the tripartite constituents and fully and comprehensively reflects their priorities. The specific concerns of each of the tripartite partners were voiced in separate meetings with the tripartite partners. Four overall priorities were agreed on in the tripartite meeting, held subsequent to the individual meetings. A draft of this DWCP was then sent to the constituents which were given the opportunity to comment on the draft.
Amount of payment Clearly stating what the basis for determining payment will be, and how much (per hour, week, month or year) will be paid is at the heart of any employment relationship and should be stated.
How and when payment is to be made should be stated so that employees know when and where payment can legitimately be expected.
Vanuatu joined the International Labour Organisation (ILO) in 2003. This UN agency works on a “tripartite” basis, with employers, employees and the government working together to further labour market development. As a member of the ILO Vanuatu has made a commitment to its values. As employer partners in Vanuatu’s tripartite labour market development the VCCI is also committed to promoting these values.
Usual hours of work need to be clearly stated in order to ensure that the employee is not being required to work more than statutory maximum hours of work.
Working in Vanuatu is possible for any investor under the activity authorized by VIPA, or any holder of a work permit for the employer mentioned in the work permit application. It is necessary for any employer who wishes to recruit a foreign national to seek a work permit to the Labour Department.
The delivery of this work permit allows the issuance of a residence permit. Any work permit is renewable annually 30 days before its expiry date.