Chamber of Commerce president Charles Gosling last night urged hard-line employers to compromise over the overtime issue after the Senate blocked mandatory premium pay.

He said he was pleased an amendment making time and a half mandatory after 40 hours a week had been stopped but said now it was time for employers to build bridges with their workers.

He told The Royal Gazette: “I have the feeling there is a lot of work to be done on this issue - in listening to the debate yesterday afternoon it's clear there's a huge gap between the point of view of certain employers and certain employees. We need to find a common ground.

“There's a lot of people out there quite willing to be putting in what seems to be quite onerous hours knowing full well they will get paid just regular pay but others don't want to work one second over 40 hours without being paid overtime and are quite willing to give up those extra hours.”

He said some employers took advantage of workers and he urged them not to think the issue was dead and buried.

“While this may be considered a victory I think this should be taken as a very strong suggestion.

“One of the things that worried me was some of the lobbying supposedly done by business - they said if the amendment went through they would take away employees' bonuses and Christmas presents. I really, really hope that wasn't the case.”

He said businesses did better with motivated, happy employees.

“Employees performing beyond normal should be rewarded accordingly. There is no need for anyone to be vindictive.”

The bill gave employers no time to prepare for the extra wage costs and they would have had to find them overnight if the overtime clause had been passed said Mr. Gosling.

He said too many people had based their arguments on the issue around anecdotal evidence but very few people were using the Employment Act 2000's employment tribunal to thrash out issues with only six cases being heard in two years. He urged more people to use the tribunal.

Those comments were welcomed by Bermuda Public Services Union general secretary Ed Ball.

He said: “He's absolutely correct, that's the reason for the Labour Relations Department, it should always be the employer and employee working for the betterment of the organisation to keep it viable. A disgruntled employee is not going to be as great as where the employer respects and values his staff, there are studies that prove that.”

Mr. Ball said it was up to the Minister to decide whether to revive the bill and he urged workers not to stand for being made to work extra hours at straight pay and to go to the labour relations department if that was violated.

“Overtime is always voluntary, it's a simple and plain as that.”

Bermuda Industrial Union president Derrick Burgess said the Senate vote showed the UBP talked about having a social conscience but was not prepared to practise it while it also showed those who voted the bill down were out of touch with the working person. He said not one of those Senators had recognised the health and family life of those doing extra hours for straight pay but had merely been concerned about company profits.

“They gave the same argument when going from a six day week to a five day week. Here we have a thriving economy but we have employers who don't want to pay workers.

“They said the majority of employers are good and I would agree,” adding the law would have forced the minority into line. We heard such nonsense, saying workers were calling them saying don't vote for this. What worker is going to say I don't want any more money? Don't pay me $150, just pay me $100?”

He said the overtime vote was about protecting the rights of unorganised workers including restaurant workers on $4 an hour. Mr. Burgess said the BIU could not turn its back because unorganised workers were often relatives of its members.

Those opposing mandatory premium overtime pay said it would be inflationary but Mr. Burgess said a study he had done on the building industry over the last 14 years showed wages had gone up 41 percent but construction prices had gone up 230 percent. “So the construction companies are not losing money, they are making more money.”

He said professionals got substantial bonuses. “Workers don't get that, overtime is their bonus. We will just have to wait until it comes back to Parliament.”

A bill with the overtime clauses reinserted can be introduced by the House of Assembly in 12 months with the Senate unable to make amendments or prevent it from becoming law.

Labour Minister Randy Horton said: “I am extremely disappointed and saddened the Opposition and Independent Senators did not vote yesterday in favour of overtime pay for the workers of this country. Their decision in this regard is a slap in the face of the dignity of the workers of Bermuda.

“Quite frankly, it is indecent for those who oppose overtime pay to be more concerned about business costs than the costs to employees who deserve the right to premium pay for premium time.

“Clearly, those who oppose overtime pay need to look deep into their consciences and question their ‘profit is king' mentality. The Opposition and Independent Senators would like us to believe that employees are delighted to work without overtime pay for up to 70 hours per week. Without a law in place, workers are reluctant to complain for fear of losing their jobs, work permits or overtime opportunities altogether.

“Let me reiterate that the promotion of ‘Decent Work' is a global initiative of the International Labour Organisation that has been debated and agreed by leading businesses, labour organisations and Governments from around the world.

“The 40 hour week standard is neither a new nor a revolutionary concept. It is a critically important component of ‘Decent Work'. Bermuda cannot claim to be a modern, sophisticated economy whilst allowing employees to work inhuman hours without adequate compensation.

“Again, I am disappointed and saddened by yesterday's decision of Independent and Opposition Senators to reject the provision for mandatory overtime pay in the Employment Amendment Bill 2004.”