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Companies struggle to meet employment Act deadline

Some Island employers are struggling to ensure compliance with employment legislation taking effect from this Friday.

And with the deadline for compliance just days away, labour organisations say that companies have reported two main stumbling blocks - an uncertainty in interpreting some aspects of the Act, particularly the law on overtime, and an unwillingness on the part of some employees to sign written contracts.

A large part of ensuring compliance is putting a statement of employment in place for each employee. And the statement must be signed off by both employer and employee before this Friday, March 1.

Yesterday labour organisations said most employers had taken The Employment Act 2000 seriously and had been working towards compliance in recent months.

HR Associates President Doug Soares said that, for the most part, his clients were now compliant.

But he admitted that there was still an element of panic among some employers and that there has been last-minute concerns on overtime after reports last week from BIU president Derrick Burgess that any employee working more than 40 hours would be entitled to overtime pay.

Mr. Soares said that sparked "a lot of calls" but that the overtime ruling does not apply to professional or managerial staff, or those where the employment contract agrees it shall not apply.

"In some cases there has been panic - some clients are calling to ask if they have to pay overtime and public holidays," Mr. Soares said.

"This week employers are ensuring that the statement of employment is signed and dated by the employee by March 1. There is a question mark over what happens if an employee has not signed by March 1.

Bermuda Employers Council (BEC) director Andrea Mowbray said many its members - the BEC represents close to 400 members and two-thirds of the workforce - have already met the requirements of the Act.

"Most of our members have been compliant, and have surpassed these minimum requirements for years now. But it appears to me that a few have left it to the last minute."

Ms Mowbray said the BEC had held a number of workshops on the subject which will continue next month. The workshop facilitator will be recently retired BEC director Malcolm Dixon who is now a labour relations consultant with the Total Group of Companies.

Mr. Dixon said the workshops would focus on the practical application of the Act from a labour relations perspective.

George Grundmuller, as head of the Chamber of Commerce's retail division said whether or not members are compliant with the legislation "has not been discussed at the executive level".

But Mr. Grundmuller did say that through one-on-one conversations, the feedback was that employers were working on being compliant by the March 1 deadline.

Although asked for its views on the matter, the Bermuda International Business Association failed to respond to The Royal Gazette by press time last night.