Employers and one of the island's largest unions is calling on Government not to change overtime opt out clause in the Employment Act 2000.

Before the election then Labour Minister Terry Lister said abolition of the clause which allowed employers and employees to negotiate away the right to overtime was a top priority. He said he wanted to fix a rate on an industry by industry basis.

But Mr. Lister was replaced by Randy Horton after the election and Bermuda Employers Council president Eddie Saints is calling on the new minister to abandon thoughts of change.

He said he supported paying premium rates or pay and time off when employers asked workers to do extra but he said when employees were seeking overtime it should be at straight time. Mr Saints said: "There has to be some latitude. But I don't support employers taking advantage of employees for the sake of saving money."

He said cases of abuse could be appealed to the minister under the act. Under the act overtime kicks in after 40 hours but Government had indicated it might let some industries come to a different set figure.

But Mr. Saints said: "It loses the discretion and is more bureaucracy, you have to work out each industry and exempt certain industries.

"I support the minister dealing with serious abuse but the flexibility has to be there."

He said every business was different with some paying piece rates, some paying commission only, some paying part salary and part commission. The key was to make sure employees felt rewarded said Mr. Saints. Bermuda Public Services Union president Nigel Pemberton also supported leaving the overtime opt out clause.

He said some companies needed to work out their overtime situation themselves because they had so few employees. He said: "It's hard to have a set policy on overtime.