Unions have welcomed Government?s plans to enforce mandatory overtime payments but employers are pledging to fight it all the way to the Senate.

The Employment Amendment Act 2004, tabled in the House of Assembly yesterday, will make time-and-a-half pay mandatory for overtime and abolish the clause allowing and employer and employee to agree to opt out.

However if a better package already exists for the employee that will override the act.

Bermuda Public Services Union general secretary Edward Ball welcomed the amendment but said he expected a big lobbying campaign from employers seeking to exempt their industries.

New Bermuda Employers Council president William DeSilva Jnr. said employers were united in their opposition to the amendment.

He said BEC, the Bermuda International Business Association, the Chamber of Commerce and the Trades Union Council would continue to lobby.

?We don?t believe it should become law, if that means lobbying the Senate so it gets turned down then we are prepared to do that,? he said.

?At this point it appears the Minister is reluctant to change his position.?

Employers want to keep the flexibility of the opt-clause and have expressed fear about the economic impact on business forced to pay out more to workers.

Bermuda Industrial Union president Derrick Burgess said it was wonderful news Government was looking to abolish the opt out clause.

He said overtime pay after 40 hours had been part of the International Labour Organisation code since the 1950s and thriving Bermuda could well afford it in 2005 but companies want to make more by paying less.

?When you work over 40 hours you take away from family time, that doesn?t come cheap. Time with families you almost cannot put a price on.?

He said those who worked over hours often ended up getting stressed and on medication.

Mr. Burgess said those working night shift and irregular hours also took a lot of strain and should be compensated accordingly.

He said the clause allowing industries to opt out on the Minister?s discretion should just be used for emergencies such as when the economy was reeling from a hurricane, not when Bermuda was doing well.

The overtime clause does not cover those deemed to be management.

Mr Ball said this should not be abused.

He said: ?If I hear someone is habitually doing 50-60 hours each week you bet your bottom dollar I will be calling to find out what?s going on.?

Such a situation would mean the department was short-staffed said Mr. Ball.