the House of Assembly Friday, November 10 *** Bermuda Industrial Union president Derrick Burgess listed a horror story of abuse of workers rights going back several decades as he welcomed the new Employment Act 2000.

Mr. Burgess said it was important people understood the history to know the struggle that had led to even basic rights in Bermuda.

He said there were numerous accounts of workers who wanted to join a union being victimised.

Others told of gratuities being skimmed off by their bosses, or health insurance not being paid, or overseas workers being paid more, or hired over Bermudian staff.

"When the UBP brought a code of practice we thought it was good guidelines but far too many times the employers never went along with it,'' he said.

"Far too many people today feel what they have today was given but it wasn't.

People fought for it just to get some dignity and respect. People don't know the history, they don't know the struggle that people went through.'' Introducing the bill, Ms Cox said Bermuda had signed up to workers rights promoted by the International Labour Organisation, which will give people basic employment rights currently enjoyed by most of Western hemisphere.

Labour and Home Affairs Minister Paula Cox introduced the Employment Act 2000, which will force employers by law to adhere to minimum standards at work.

Ms Cox said their aim was to balance individual rights with practical implications for companies.

House debates Employment Act 2000 The ILO mandate supports the respect of fundamental rights at work, the creation of quality jobs, enhancing protection against illness, accidents and old age and the strengthening of workers and employers groups.

Shadow Tourism Minister David Dodwell had a dig at the Government over proposed Constitutional changes, congratulating Ms. Cox on the lengthy consultation process she had completed during the summer.

"The Minister has listened to both sides, that process works, the process of putting it out there and listening to what the people say, and making changes does work,'' he said.

"The fear of change sometimes relates to a lack of understanding, if people don't understand something then change is difficult for them.'' He said alot of businesses had already been in compliance with the act and said Mr. Burgess should not have listed the problems but some solutions.

Government Whip Ottiwell Simmons , a former President of the Bermuda Industrial Union, replied the bill was introduced because the previous voluntary code adopted by employers had failed.

He said companies in Bermuda were "notorious for exploiting workers''.

On the Island, just 22 percent of workers were members of trade unions, but those workers were better off than non-unionised staff.

Mr. Simmons said he was always in favour of voluntary rather than legislative agreements because they fostered goodwill in the workplace.

"This legislation is as a result of bad experiences. Many an employer has made excellent profits over the exploitation of workers: poor conditions of employment, poor pay, and has profited by their poverty.'' Mr. Simmons said the new Act would mean "no more exploitation''.

He pointed out the provisions -such as a 40 hour week and five day working week - were a minimum standard, which didn't even meet union standards.

"They can do better. Any negotiations can come over and above this minimum.'' He said unions should be talking to white collar workers. "They are entitled to be unionised and this legislation gives them a signpost.'' All the provisions such as maternity leave and compassionate leave would make the workplace a more humane environment, which would lead to greater productivity.

Although it was "ground-breaking legislation,'' it was not entirely original, said Mr. Simmons, because the UBP threatened - but failed to - introduce it because the voluntary code adopted by employers was not working.

St. George's North MP Delaey Robinson said the PLP promised in its manifesto to empower people and it would not shy away from social issues.

He said productivity goes down when there is a bad working environment and that fostering good working relations was a "rare condition''.

Maternity leave was essential because "a country that does not pay attention to the rearing of the next generation is going down a slippery slope.

MPs pass Employment 2000 Act "The first step in the basis for growth to the lofty heights of flexible workplace with parents working hours more conducive to rearing their children (can) lead to more efficiency.'' Opposition Whip Cole Simons called the Act "the most important piece of legislation to come before the House in my time.

"If we don't get this right, Bermuda's fragile economy will be put at risk.

This cannot be rushed.

"This legislation represents the engine of our economy. Employers and employees must work together in order to succeed,'' he said, adding that the balance between both must be right.

"The adversarial environment we've had in the past must cease and I compliment the minister for bringing this in.'' Mr. Simons said he hoped the legislation would be used to solve the labour dispute in the prisons and tackle problems in the Police, Marine and Ports and Stevedoring Services.

He said although Ms Cox had been inclusive in consulting, she should have asked a broader range of workers. Perhaps more public meetings such as the one on the constitution could be held.

He pointed to the fact that just over 20 percent of the workforce is unionised as proof that more than the BIU should have been consulted to ascertain workers' views.

Employees should be entitled to have their medical records kept confidential and background searches should also be kept private.

Mr. Simons said there should be written health and safety procedures and employees should be warned when they are handling hazardous materials.

There should be no repeat of the situation at Southside (where workers demolished asbestos ridden buildings without proper protection).

Government back bencher Wayne Perinchief directed most of his comments to the "Buppie Generation'' -- young black people who believe they have arrived at their expensive jobs without the work of their forefathers.

"They're saying the `Progressive Labour Party is in a time warp' and `who needs this kind of legislation','' Mr. Perinchief said. "I'd like to remind them of the historical underpinnings and the need for this legislation.

"It always wasn't the way it is now,'' he added. "I well remember the struggles that workers made in trying to get established in trade unionism.'' Mr. Perinchief said he picketed as a hospital worker in 1963 and was a Policeman during the "now fateful'' 1965 BELCO riots which he called "one of the landmark dates when labour began to be recognised''.

He added: "I say that in order to remind some of the younger people that Bermuda was not always the utopia for all of these young people to parade around in their three piece suits.

"If we had this legislation in Bermuda in the 1970s and 1980s,'' he continued, "the turbulence we did have, especially the type we had in the hotels, then the Bermuda Industrial Union would not have had to fight as hard as it did.'' He added: "I believe this legislation will improve the relationships (between employer and employee) and provide a level playing field. Productivity for employees will improve.'' Shadow Environment Minister Erwin Adderley said there seemed to be a lack of protection for small businesses in the bill which he called a "major flaw''.

He said small companies would have to invest large amounts of resources to comply with the act, particularly with providing written employment contracts and other rights.

Mr. Adderley said the requirement for written conditions of employment for a two or three person operation might be "onerous'' for the small business owner.

"Let's make sure we're not driving small businesses out of business,'' he said. "This is a two edged sword.'' Mr. Adderley called for standard forms to be provided for employers which Minister Cox said the Department was already gearing up to do.

Shadow Legislative Affairs Minister John Barritt extended praise on Ms Cox for the "extensive'' consultation she had conducted before bringing the act to the House this session.

"It would appear I'm joining a long queue,'' he said of MPs congratulating Ms Cox, before hinting at the controversy over lack of consultation on Constitutional change.

"Obviously this is something we need to see more of,'' he added. "There's a lesson in that. This was an ordinary legislation. I think it is important that we congratulate her on the care and dedication and fairness that the Minister took to the legislation.'' Mr. Barritt too questioned what support small businesses would get from Government particularly from the Small Business Corporation.

Government back bencher Reginald Burrows called the Employment Act "landmark legislation''.

"As a labourite I've always been quite concerned for those who were not so fortunate,'' he explained. "There are construction companies that pay what should be overtime at straight time. But I'm also concerned about the dedication of employees.'' Later, Mr. Burrows cited abuse of sick leave without a doctors certificate as worrying as an area that caused distrust, saying: "Employees must realise that sick leave must be used when they are sick.'' Like others Mr. Burrows applauded the inclusion of what he called legislation against "sham sales'' when employers close a company rather than become unionised or to get rid of workers they do not like.

Shadow Home Affairs Minister Michael Dunkley said there needed to be clear definition of terms of what was a sick-out and what was a strike.

Shadow Finance Minister Grant Gibbons questioned whether the written agreement would constitute the contract.

Home Affairs Minister Paula Cox said the statement of employment would be the critical document.

Mr. Dunkley called for probationary periods to be strictly prescribed to prevent "unscrupulous employers'' from denying workers their rights.

And he said their should be a tightening up of the definition of misconduct to prevent an misunderstanding.

After more than nine hours of debate, parliament passed the Employment Act shortly after 9 p.m. Friday night.

Before it comes into effect, the Act provides for a one year transition period -- giving local companies time to become fully apprised of the law's contents.