Landmark employment legislation now law
`Landmark' legislation to ensure minimum standards for workers and employers was passed Friday night by MPs in the House of Assembly.
The Employment Act 2000 provides a host of basic rights that Labour and Home Affairs Minister Paula Cox said were necessary in order to bring Bermuda into the 21st Century.
The act, which underwent eight re-drafts after extensive consultation with employers and workers organisations, sets out minimum standards for employees.
It covers the requirement for written contracts, a 40-hour work week and overtime paid after that, two weeks holiday after one year's employment and maternity leave.
In addition, it will see the creation of an employment tribunal, whose decisions are enforceable by law.
Ms Cox said the act would not prevent unions working for better standards and where workers were already treated better, those higher rights would prevail.
"Employment legislation is not unusual and is usually the hallmark of a sophisticated and enlightened jurisdiction,'' she said.
"Bermuda prides itself on being a leader in a number of areas but this was an area in which there was a vacuum. There was an attempt in drafting the bill and in responding to the collective input to meet a reasonableness standard and to set minimum labour standards without being unduly onerous or harsh on businesses, especially those smaller enterprise.'' House coverage also on Pages 7, 8 Parties unite to pass Employment Act Ms Cox said part of the reason for the act was the failure of the Code of Good Industrial Relations Practise, issued in 1995, to halt an increase in the number of employment related grievances. And because of a rise in employers and employees refusing all attempts at mediation.
She added that none of the act would "amount to a row of beans'' if people did not see the spirit of cooperation and compromise as the real glue to make the relationship work.
"The legislation is workable but it is not the panacea of the first port of call.
"In an ideal world it would be a last resort and not necessary if all the parties did what they should do in the world of work, so recourse was not necessary to employment legislation''.
Opposition Labour spokesman Michael Dunkley commended the Minister for the consultation process in preparing the bill, which he said was "a breath of fresh air''.
He said trust was a vital element between workers and their bosses, with good labour relations driving economic growth.
But he added that he hoped the act would not bring increased bureaucracy, particularly on smaller businesses.
"Small business is a vital part of our economic engine. They must be aware of the legislation and accept its principles,'' he said.
The Shadow Minister said while he was sure business organisations such as the Chamber of Commerce and Bermuda Employers Council were "in the loop'' on the legislation, others may not be.
"This leads me to believe that when new legislation is enacted the small business, who are not members of these organisations, will be at somewhat of a disadvantage in getting up to speed and following the rule of the new law.''