Employers and the Trade Union Congress have slammed Government for trying to force through mandatory overtime regulations.

But Home Affairs Minister Randolph Horton last night defended the decision to make time-and-a-half pay mandatory for overtime, saying: ?It is unconscionable that workers should feel forced to work at straight pay for up to 70 hours per week.

?The payment of an overtime rate is a socially responsible principle and should be a basic entitlement for both unionised and non-unionised workers.?

And the island?s two largest unions, the Bermuda Industrial Union and The Bermuda Public Services Union, have supported Government?s plan to end an opt-out clause in the Employment Act 2000 which exempts companies from paying overtime after 40 hours if workers agree.

A statement by the the Stakeholder Group which comprises the Bermuda Employers Council, the Bermuda Trade Union Congress, the Bermuda Chamber of Commerce and the Bermuda International Business Association, attacked Government?s plan to amend the existing overtime clause in the Act.

It said: ?The overtime clause under the current Act protects the interests of employees by providing for overtime payment in excess of a 40-hour week.

?The Act further provides for the much-needed flexibility between employers and employees to mutually agree special arrangements for after-hours work in the workplace.

?The Stakeholder Group is very concerned about any attempts on the part of the Bermuda Government to legislate mandatory over time payment and remove the existing flexibility that exists within the Act that is so important to the economic welfare of employees and employers.

?Such action on the part of our Government will not only lead to a number of social and economic concerns but also lessens the role and effectiveness of unions and the fundamental right of individuals to collectively bargain for terms and conditions of work.?

The group said most of the members of the Labour Advisory Council (LAC) were against Mr. Horton?s proposed amendment, which they said threatened the effectiveness of the tri-partite system in Bermuda.

They said mandatory premium overtime payment will hit employers already burdened with rising inflation and medical care costs and would make Bermuda less competitive.

The group said further changes suggested by Mr. Horton, such as the Minister having discretion to exempt whole industries from the mandatory overtime clause would be complex.

?The Stakeholder Group contends there isn?t a problem with the existing legislation but rather the lack on enforcement on the part of the Ministry to deal with any violations that might occur under the Act.?

But Mr. Horton hit back, saying: ?A failure to protect overtime rights for non-unionised workers would be a step backwards. The BEC / BTUC claim that the current, flexible system is tantamount to ?good employment practice?.

?I believe, rather, that recognition of overtime work with an appropriate overtime rate is good employment practice.?

Mr. Horton said the LAC?s purpose was to advise and consult the Minister with responsibility for labour.

?Because so many different positions and agendas are represented on the LAC, there may be times when advocates will not agree with decisions that the Minister must make on the basis of internationally accepted principles of human dignity and decent work,? he said.

?In addition to taking advice from the LAC, the Minister also heeds the standards established by the International Labour Organisation (ILO) headquartered in Geneva, Switzerland.?

Mr. Horton said he had compromised by adding exemptions for small businesses, charities and religious institutions.

?Signatories to the press release claim that the tripartite system has failed because they do not agree with the Minister on this one point,? he said. ?On the contrary, I believe that it is a measure of the success of tripartite consultation that there was consensus on all of the other amendment proposals.

Mr. Horton added that LAC representatives who raised the spectre of social and economic burden to the country were asked to submit data to prove their fears. ?They did not,? he said.

Bermuda Industrial Union president Derrick Burgess took an opposing view from the TUC.

?It?s a sad day when trade unions join with management to deny unorganised workers benefits such as overtime. The BIU is not part of that nonsense,?he said. ?The question must be asked are these unions prepared to accept the same arrangements for their workers??

Bermuda Public Services Union leader Edward Ball also supported Government?s position, even though his union is part of the TUC which has attacked it.

However Mike Charles, the General Secretary of the Bermuda Union of Teachers, said his union backed the TUC stance.

He said Government should not over-ride a union?s ability to negotiate a better deal.