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Deadline looms for Employment Act

In three weeks, Bermuda employers across the board will need to be in compliance with the Employment Act 2000.

The purpose of the Act is to promote fair treatment of employers and employees, provide minimum standards, establish procedures and notice periods for termination, protect against unfair dismissal and establish an employment tribunal.

The Act came into effect on March 1, 2001 but employers were given one year in which to comply with regulations.

With the compliance deadline looming, a one-day human resource management conference held yesterday at the Southampton Princess put some focus on helping employer's get ready.

The conference's organiser, and president of HR Associates, Doug Soares, did a presentation called "The Employment Act 2000. Is your organisation ready for March 1, 2002?"

Mr. Soares told The Royal Gazette he expected the presentation's audience would be made up of two groups: those who have been preparing over time and want to make sure they comply, and those who realise the deadline is at hand and now must scramble to comply.

Mr. Soares said there is the misconception that the legislation comes in to force from this March. But he said in reality the Act has been in force since last March. He said the transition period is to ensure employer's compliance in regards to existing employees.

New employees - those hired after March 1, 2001 - are already covered by the Act, Mr. Soares said.

Mr. Soares said that as of March 1, all employment relationships should be based on contractual agreements, which must include a written statement of employment.

That statement, which must be supplied to employees by March 1, should state the names of both employer and employee, commencement date, title and brief job description, place of work, wages, including timing, work hours, holidays and vacation, sick policy, notice period, pension details, disciplinary and grievance procedures, term of employment, probation period, dress code and collective agreement.

The key difference since March 1, 2001, is that employees can now take grievances to an Employment Inspector. And that could include employees who have not been given a statement of employment.

Mr. Soares, in his presentation, said that in the event of an employee complaint the protocol is for a Government inspector to first attempt conciliation but if that fails the matter can be referred to the Employment Tribunal.

The tribunal is the equivalent of an industrial court and any labour related matters go to the Tribunal rather than through the regular court system. The Tribunal is due to be in place by the time the Act takes effect on March 1.