Labour Minister Terry Lister is set to examine the overtime clause of the new Employment Act after bosses complained of problems.

However, Mr. Lister hinted there would be no retreat from the basic principle of equity.

He said: "The whole idea behind the Employers Act is fairness and a level playing field. What we didn't have was fairness and a level playing field when it came to overtime.

"We haven't really progressed it if we are allowing things to stay as is. Obviously we have to move forward."

The Bermuda Employers Council Executive Director Andrea Mowbray said: "There is real concern about the overtime issue as the minister acknowledged but we don't know what's happening with it."

She said rumours were circulating that Mr. Lister was about to axe the clause which allows employees to sign away their rights to get the new overtime rates of time and a half for more than 40 hours or straight time plus time in lieu for non-management staff.

She said the overtime issue had been raised with Mr. Lister who had not given clues to his stance.

Both Ms Mowbray and BEC President Mr. Saints admitted employers had been fully consulted and had a year to raise concerns with Government but they had not been ready on the March 1 activation date.

Mr. Saints said: "All of a sudden there was flurry of activity. In fairness to Mr. Lister, he said at the eleventh hour why is this becoming an issue?

"Why isn't the Labour Advisory Tribunal called? Why hasn't it met? We agree. Why didn't we worry about this April 1, 2001?

Mr. Lister said: "We have the Labour Advisory Council who are supposed to get off their backsides and do a job.

"So if they do their job they will come up with some recommendations that I will take a look at.

"BEC are a very big voice there, so any concerns they have, that's where they should voice them."

He said prior to his recent spell off the Island he had been the one to highlight concerns over how the act was bedding in.

"It's much to my annoyance that I had to be the one raising it. Employers should have expressed some concerns, the union should have expressed some concerns but neither did.

"I want that issue and other issues dealt with."

He said he didn't want to pre-judge what the Labour Advisory Council came up with in terms of changes to the Act.

He said: "I am prepared to listen to reason. But the intent is fairness and a level-playing field. If the committee comes up with some way for fairness and a level playing field, for instance consistent with how the act reads right now, then that's how it stands."

He admitted there was confusion about how the act should be applied.

"That's where the challenge lies, until we work that out, we will just go on."

Ms Mowbray also said the Act, which insists on written contracts for employees, was being used as an excuse for employees to re-negotiate their terms.

She said: "That was not, to my understanding, ever the intention of the Act."

She said agreements which fell in line with the law should be codified into a contract.

Employees throughout the Island were refusing to sign contracts which were legal under the Act, said Ms Mowbray.

She said: "In some companies it's one or two individuals, in other companies it's whole departments holding out.

"I have two or three employers a day calling saying 'They won't sign it. What do I do?'"

She urged employers to get round the table with workers to talk the issues through.

The Labour Ministry was not providing sufficient guidance for employers who found employees unwilling to sign said Ms Mowbray but she said the labour relations department was the next step for workers who felt their contracts were in breach of the law.

Mr. Lister said he didn't know how many firms had employees who weren't signing the act.

"I would have expected if employees weren't happy with the issue they wouldn't sign. It's simple.

"They don't have to be signed if contracts are not in keeping with the employees wishes.

"It's up to the employee and the employer to come up with an agreement that is fair."

Asked if workers were using the act as an excuse to re-negotiate contracts Mr. Lister said: "That's a cute question because normally its the other way - the companies do it. That's the norm."

Mr. Lister said he was uncertain of the true picture but "if you asked me what I thought would happen I would expect the employer would call the shots a lot quicker than the employee. "That's been the way since the dawn of time."