Abolition of the overtime opt out clause in the Employment Act 2000 is top of Labour Minister Terry Lister's priorities if his party wins again.

The clause allowed employers and employees to negotiate away the right to premium pay for overtime.

Instead, Government is willing to hear from industry sectors wanting exemption from paying overtime after 40 hours for full-time employees.

However, Mr. Lister said: "If they say they want overtime after 60 hours we won't agree with that. If they say they want it after 44 we can consider that."

He indicated he wasn't about to negotiate away the 40-hour limit across the board but only a few industries would get an exemption. Sectors likely to get a break include restaurants and hotels.

Other areas of the act will be amended, including maternity leave with mothers set to be required to give four weeks' notice of their intention to be absent and three weeks' notice of their intention to come back so employers can sort out temporary staff. Employers will be required to pay employees who are off serving in the Regiment.

And payments by companies who are winding up will be prioritised with people owed wages and accrued leave having priority over executives getting golden handshakes.

The Workmen's Compensation Act 1965 will be updated to give equal compensation to all dependants, removing the practice of paying less to illegitimate children.

Payments will be updated, removing specific dollar amounts and putting in objective standards, including payments based on percentage of earnings or average national standards.

The amendments will allow part payment of compensation before an insurance company has completed its investigation of an incident. Mr. Lister said a subcommittee of the Labour Advisory Council (LAC) will work on the amendments.

The news should please Bermuda Industrial Union president Derrick Burgess who called on Government to abolish the overtime get out clause in the Employment Act 2000 which allowed employers to negotiate away the right to premium pay for overtime.

Bermuda Public Services Union President Nigel Pemberton agreed that the opt out clause should be abolished in all but a few categories of business.

He said hotels and restaurants needed to be flexible in their operations and flexi-time should be used.

Mr. Pemberton stressed his members stood ready to serve whoever was elected and he hoped the Government would beef up the finances of the cash-strapped Bermuda Hospital's Board so staff would not lose out in August pay negotiations.

BIU counterpart Mr. Burgess said the Trade Union Amendment Act 1998 should be changed because it was unfair in allowing a non-union member to initiate a de-recognition ballot but requiring a worker initiating a recognition ballot to be a member of the union.

He said the act had grey areas exploited by lawyers and said a union member should be required to initiate both ballots.

Mr. Lister said that act would be looked at by a LAC sub-committee with a view to changing it to "what was fair and reasonable."

Mr. Burgess called for changes in the Labour Relations Act which he said had never been fair to workers.

He called for an end to the clause which allowed workers to contribute to charity rather than the union in agency shops while enjoying the pay benefits of negotiations done by the union.

However Mr. Lister was less sympathetic and said that would only be looked at if the LAC pushed for it.

He said: "Personally I feel people should have the option, that's the way it's always been.

"Over time the union should be able to win people over and if they can't win them over then they can't win them over."

And the BIU could also lose out as Mr. Lister foresaw a greater role for the umbrella organisation the Bermuda Trade Union Congress which comprises all the other major unions.

"We see a bigger role for the BTUC, we will be working more with the BTUC," said Mr. Lister. He said rather than working with individual unions it would be possible to work with a representative from the BTUC in smaller committees.

Asked about the missing BIU Mr. Lister said: "It should encourage them to come on board."

In a statement from the United Bermuda Party on labour relations Home Affairs Spokesman Patricia Gordon-Pamplin attacked the Progressive Labour Party government for four years of repeated labour unrest.

"The sad state of affairs Bermudians have witnessed over the past four years is simply an appalling inability of government to negotiate in good faith - pure and simple.

She said her party wanted a less antagonistic approach.