The Bahamas Employers Confederation (BeCon) is “disappointed” that the government did not delay the implementation of the 40-hour work- week, slated to take effect Feb 1.
BeCon President Mr Brian Nutt told the Guardian Wednesday that the organization had suggested that the move be delayed by one year. However, he said, the group will comply with the law, although certain business “decisions” may have to be made.
He said that business owners’ options would include: reducing hours of operation; paying existing staff overtime; or hiring part-time workers.
The employers confederation had requested a delay, due to a sluggish economy, and, “We were hoping that it would have been delayed to a time when the economy picked up and more revenue was there to absorb the reduction in work hours,” Mr Nutt said.
The employers group had also previously pointed out some ambiguity with respect to Part III of the Employment Act dealing with standard hours of work, he advised.
Some employees, he continued, have interpreted the 44-hour workweek to be up to 44 hours over five days, while others have interpreted the 44-hour workweek to be five and a half days.
The 40-hour workweek legislation mandates that any employee who works over eight hours in any day is entitled to overtime pay at the rate of time and one half for those hours worked in excess of the standard eight hours per day, regardless of whether 40 hours were worked for the week.
Mr. Nutt said that the group had also indicated at a meeting held at the Ministry of Labour last week, that when asked for a specific time, instead of a delay based on prevailing economic conditions, they indicated a preference for a one-year period. Since their suggestion was rejected, he said, employers affected by the reduced hours, will have to make certain decisions.
“They may decide to continue the hours they have now and to pay overtime for the amount of hours in excess of 40, or they may decide to reduce the operating hours of their business to 40 hours, or they also may decide to employ additional part-time staff to maintain their normal business hours without having to pay overtime,” he said.
Nonetheless, Mr. Nutt said, business owners are prepared to abide by the government’s decision and follow the law when it takes effect on Feb. 1.
Several firms contacted by the Guardian said that the 40-hour workweek would not affect their operations, as their employees already worked within this timeframe. These enterprises included: Kelly’s Home Centre, Sbarro Restaurant, and John Bull Limited.
A spokesperson for Kentucky Fried Chicken said the 40-hour workweek would by no means affect the fast food chain’s employees, who presently work 37.5 hours per week.
Minister of Labour and Immigration, Vincent Peet announced on Tuesday that a 40-hour workweek will be enforced for all workers, effective Feb. 1. The category of employees that would be mostly affected by the change, are those paid on an hourly basis. These workers will only be paid for each hour worked.
He said that the government, after consultation with various labour and employers union representatives, concluded that “it would be in the best interest of the country” to move forward with the 40-hour workweek, consistent with the provisions of The Employment Act, 2001.
The Act made provisions for the reduction of the workweek in The Bahamas from 48 hours to 44 hours effective February 1, 2002. The Act provided for a further reduction of the workweek from 44 hours to 40 hours effective February 1, 2003.
As a result of the reduction in the workweek, Labour Minister Peet said, the government does not anticipate a reduction in salary for employees who are being paid daily, weekly, bi-monthly or monthly and appealed to all employers to be “just and fair” in their dealings with employees, Any employer who changed a daily- weekly- bi-monthly- or monthly-paid employee to an hourly paid-position, would be guilty of an offence against the Act, he said.
Minister Peet also appealed to employees to continue to improve their level of performance on the job and become more productive during the course of the reduced working week.
By Tamara McKenzie, The Nassau Guardian
