Abolish six-year limit on work permits - BEC head
The Employment Act, work permits and labour relations are providing constant problems for Bermuda's employers, said Andrea Mowbray, executive director of the Bermuda Employers' Council.
Ms Mowbray said that top of this list was problems with work permits, with long delays and constant changes in policies commonplace.
And the overtime issue was another thorn in the side of her members - and one that had not yet been resolved despite the Employment Act coming into effect over a year ago.
"Bermuda used to be a very good place to do business," she said.
"To the detriment of the social issue side.
"But there has to be a middle line to walk if we are going to grow and prosper."
She said her members wanted the six-year limit on work permits abolished because it was not practical or fair.
The term limits came into effect in 2001, and state that work permits will not be issued beyond six years - unless the person is deemed "key". So far no definition of "key" has been made, causing concern in the business world.
"It is again removing the flexibility from employers," she said. "An employer is not going to keep marginal employees for ten years.
"And they should be given flexibility to keep the good manager, who is liked by staff and is training Bermudians - but may not be categorised as a key worker."
Ms Mowbray said that employers considered all their employees to be key, and that to take someone who was proven to be a good worker, to be acclimatised to the Island and well integrated in society and replace them with an unknown foreign worker who may or may not like Bermuda or be good at their job, was ridiculous.
"The employers should also be given the benefit of the doubt," she added.
"Not every employer is out there to rip off Bermudians. There may be a few out there, but they are a very small minority.
"But to enforce it like this is not the way."
But the main issue for her members was speeding up the work permit process so that one way or another, employers would know quickly whether or not they had new staff to give jobs to.
And she wanted better communication between the Immigration Department and business to make sure that changes in policy were passed down to those who were filling out forms.
"Overtime is a very big thing as well," she said.
"The law as it stands is good, including the overtime issue it is good.
"The issue is that enforcement is not good."
The Employment Act has a controversial clause on overtime, which some read as making overtime compulsory for all members.
Minister of Labour and Home Affairs Terry Lister is expected to change the law to make overtime compulsory following the controversy - which has led to an outcry from employers, but has been welcomed by unions.
Ms Mowbray said that employers had come up with real solutions to the issue of overtime, with some adding 30 percent onto wages with hours of work varying from 20 and 90 hours with no overtime pay - because the salary increased to take into account overtime.
She praised the Employment Act and said that it was fine and employers were happy with the laws."We would rather see the existing act enforced rather than see good employers penalised across the board," she said.
She said she was not against the payment of overtime, and in fact certain service industries would improve if overtime were introduced.
"I would like to see the Employment Act enforced and not treated on a case-by-case basis," she said. And she pointed to recent labour unrest which she said "seems to directly contradict our laws".
She added that Bermuda's labour laws were seen as progressive and ahead of their time, with Caribbean countries following the Island's lead.
"We are years ahead of them - but we are not even following our legislation," she said.
Ms Mowbray said she wanted to see employers and unions work together for the benefit of the workers.
"Basically in this day and age, it shouldn't be us against them. We should be able to reach a position where both are happy, where companies are viable and employees are productive and compensated for that."
She admitted that there were some rogue businesses but not all businesses should be penalised for the few who were bad employers.
And in the matter of unemployment insurance - it should be looked at "down the road" as there was full employment on the Island. "We have more serious problems to address such as healthcare for seniors and housing."
She said she understood it would be a couple of years before unemployment insurance was ready to be implemented.
Ms Mowbray added that her members would also like to see improvements made in education to make sure the work force was trained up enough to provide top notch workers.
"As they say, if you educate them, we will have them, but we won't educate them for you," she said.