Labour Minister Randy Horton admitted on Tuesday he was "surprised" at an inference that amendments to the Employment Act will infringe upon the role of the trade unions.

Mr. Horton spoke in the wake of a statement from the Bermuda Trade Union Congress (BTUC) saying Government has done what is required to the Employment Act, and employees with further concerns should take them to the trade unions, not Government.

Prior to the 2003 General Election, then-Labour Minister Terry Lister said abolition of the overtime opt-out clause in the Employment Act 2000 was one of his top priorities.

The clause allowed employers and employees to negotiate away the right to premium pay for overtime. Mr. Lister also mentioned amending other areas of the Act.

However: "We do not believe that Government should become a bargaining agent for Bermuda's workers," said the BTUC early this week.

"The Employment Act 2000 provides in law a set of minimum standards for the workers of Bermuda. The Government of Bermuda has fulfilled its obligations under international conventions and recommendations to provide a minimum set of standards for all workers in Bermuda.

"There being plenty of discussion to amend the Act, the BTUC believe that other than the need for some housekeeping to make certain sections clearer, the Act should be left as is.

"We believe that workers wishing better conditions of employment than provided for by the Act should seek to become organised and join a union of their choice to achieve this."

Mr. Horton said on Tuesday: "The amendments that have been discussed during the past two years with BTUC members present are merely those amendments that seek to clarify certain sections of the Act.

"It is therefore surprising to note the inference that the proposed amendments will in some way impinge upon the traditional role of trade unions."

Government consulted widely with stakeholders, including the trade unions, during the drafting of the Employment Act 2000, he added.

"However, it was always recognised that, as is normal with any piece of new legislation, amendments would probably be necessary in order to ensure against loopholes, inconsistent application or technical anomalies."

Mr. Horton added he was pleased to note that since the legislation was enacted the Ministry has received "a number of helpful suggestions" on how to make the Act more effective, adding: "We are extremely grateful for their input.

"Recommendations and comments have been solicited many times from Labour Advisory Council (LAC) members, including the BTUC, during this period. In fact, the last official request was circulated to the LAC as recently as 27th November, 2003.

"However, at no time have any of the unions identified or quoted in (Tuesday's) edition of The Royal Gazette given written or other submissions to the effect that amendments should not be made. It is my expectation that the proposed amendments will be discussed again during (today's) meeting of the LAC."

Unions will always have a pivotal role in sophisticated and multi-faceted economies such as Bermuda, he said, citing the United Kingdom as an example.

"The Government of Bermuda values the role and contribution of trade unions and their important contribution to the tripartite process," he finished.

Members of the BTUC include the Association of School Principals, the Bermuda Public Services Union, the Electrical Supply Trade Union, the Prison Officers Association, the Bermuda Federation of Musicians, the Bermuda Union of Teachers and the Fire Services Association.

The Bermuda Industrial Union (BIU) is not part of the BTUC. It was mistakenly reported that BIU president Derrick Burgess has been in favour of amendments to the Act. Mr. Burgess declined to comment on the BTUC statement.