There is no statute regulating employment in the Kingdom of Tonga, so the terms of the employment contract will outline the rights, responsibilities, and obligations of both the employer and employee. However, in an attempt to provide guidance on employment practices in Tonga, below describes the legal requirements that will come into force in the future.
To terminate an employment relationship, parties to an employment agreement must give notice. The minimum is 1 week for employees who have worked for the employer for less than 2 years and 2 weeks if the employee has worked for 2 years or more. This notice must be in writing. If the employer initiates the termination, the employer can pay wages in lieu of the notice period.
Those who wish to apply for an employment visa must submit their travel documents, photographs, application fee, and employment contract along with a medical report, national police record, and two character references. A letter from the Tongan Ministry of Labor, Commerce, and Industries must also be secured. An employment visa application without this letter will not be considered.
These visas can be renewed. The holder of an employment visa seeking renewal must furnish proof of past tax payments from Tonga's Inland Revenue Department.
In the Kingdom of Tonga, there is no statute regulating employment; the terms of the employment contract will outline the rights, responsibilities, and obligations of both the employer and employee. However, in an attempt to guide employment practices in Tonga, below describes the legal requirements that will come into force in the future.
Employees are entitled to 12 days of paid annual leave each year. The employee may use the leave in 1 unbroken period or split the leave into 2 or more periods. The employee must take at least 1 week of continuous leave per year, and the remaining days may be split up as the employee likes. An employer may set the rules for carryover leave. However, these rules must not have a deferral or an accumulation period exceeding 18 months. The employee is entitled to the normal rate of pay during the paid annual leave, and the payment for this leave must be given on the payday immediately following the vacation.
Upon termination of employment, the employer must pay the employee for any unused leave that has accrued. If the employee is paid a salary that accounts for paid annual leave, the employer does not have to pay for any unused annual leave upon termination.
Where there is no statute, the applicable law in Tonga is the English common law. The common law includes, as a primary consideration, the terms of the employment contract. Therefore, since there is no statute regulating employment in the Kingdom of Tonga, the terms of the employment contract will outline the rights, responsibilities, and obligations of both the employer and employee. However, in an attempt to guide employment practices in Tonga, below describes the legal requirements that will come into force in the future.
Working hours are set at no more than 8 hours per day, 40 hours per week. The regular working schedule cannot be more than 6 days a week. The employer and employee may agree in the employment contract for overtime pay which is calculated into the salary. In this situation, an employer can require the employee to work in excess of the abovementioned hours. An employee who refuses to accept working additional hours may not be treated less favorably by the employer.
In the Kingdom of Tonga, because there is no statute regulating employment, the terms of the employment contract will outline the rights, responsibilities, and obligations of both the employer and employee. However, in an attempt to guide employment practices in Tonga, below describes the legal requirements that will come into force in the future.
Female employees expecting to give birth are entitled to 30 consecutive working days of maternity leave. This leave is granted when the employee furnishes a certificate from a registered medical practitioner or nurse confirming the pregnancy and specifying the delivery date. The maternity leave is not required to be paid. The maternity leave may be taken at any time but at least 15 days must be taken after the child's birth. If the employer and employee agree, the maternity leave may last longer than 30 working days.
There is no minimum wage in Tonga. However, the king may set a minimum wage for a specified period of time if there is a need because of exceptional economic circumstances.
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