Employment Act wins wide support
Workers can be more certain of their rights after the Island's first ever Employment Act was passed in the Senate yesterday after little debate.
The landmark legislation to ensure minimum standards for workers and employers was passed on November 10 by MPs in the House of Assembly, and received widespread support in the Senate.
The Act provides a host of basic rights that Labour and Home Affairs Minister Paula Cox said were necessary in order to bring Bermuda into the 21st Century.
The act underwent eight re-drafts after extensive consultation with employers and workers associations, and Senators commended the Minister for the extensive consultation.
Sen. David Burch (PLP) said the legislation should protect the rights of all workers -- and provide fair treatment for employers.
Sen. Burch commended Ms Cox, who he said had demonstrated the willingness to listen to employers and employees and include their concerns in the legislation.
Senate Opposition Leader Maxwell Burgess also commended Ms Cox, adding: "What we see in the passing of this bill is governance at its best.
"I say, well done Government and congratulations. You are heading in the right direction and we support the bill.'' However, Sen. Burgess said Government must ensure that small businesses were able to cope, a view echoed by several other Senators.
Sen. Walwyn Hughes said employees felt good about the legislation, adding that the efforts of the Bermuda Industrial Union and enlightened employers had pushed people to adopt the standards outlined in the legislation.
Sen. Mark Pettingill (UBP) supported the legislation but asked why a CARICOM Model Harmonisation Act regarding the termination of employment was included even though the UK, Canada and the US had not adopted it.
He said countries that have adopted the CARICOM Model included Bosnia-Herzegovina, Brazil, Cameroon, Congo, Ethiopia, Finland, France, Spain and the Ukraine, adding that when local attorneys look for a precedent to refer to in any particular dispute arising on the Island, they would be stumped.
"We need to be cognisant of the importance of entrepreneurs and some one going into their own business,'' warned Sen. Kim Swan (UBP), adding that young Bermudians setting up their own businesses should be encouraged.
Sen. Jeanette Cannonier (Ind) backed the Act which she said should ensure the continuity of employment practices.
And she added that it lends protection to both employer and employee but also raised concerns that small businesses would be protected.
Senate President Alf Oughton said a voluntary code of employment -- the Code of Good Industrial Relations Practice, issued in 1995 -- had not been taken up by employers.
Mr. Oughton also raised concerns about the CARICOM Model Harmonisation being included in the act, and said it was essential to make the legal background clear.
In conclusion he said: "I'm pleased to see it and I fully support it.'' The new Act covers the requirements for written contracts, a 40-hour work week and overtime paid after that, two weeks holiday after one year's employment and maternity and sick leave.
In addition, it will see the creation of an employment tribunal, whose decisions will be enforceable by law.
Sen. David Burch
