Mr. Speaker, I am pleased to rise today to provide to the Members of this Honourable House with an update on the progress of the Modernisation of Bermuda’s Labour laws that I spoke about on the 5th July 2019.
Mr. Speaker, the tabling today of the Employment (Maternity Leave Extension and Paternity Leave) Amendment Act 2019 is the first of a number of proposed changes to the Legislation that will be completed this year. This particular Bill fulfills the Governments platform and Throne speech promise to increase maternity leave and provide for paternity leave for the first time in the Legislation. The Bill also provides for flexibility in the use of vacation leave.
Mr. Speaker, further Legislation will be tabled later this year in this Honourable House to include:
- The reduction from ten arbitration/assessor/tribunals in four Acts to a single Tribunal for all labour and employment matters. This will reduce the administrative costs and streamline the functions of the Tribunals;
- Provision for zero tolerance of violence and harassment in the workplace. In keeping with the ILO adoption of the violence and harassment convention, the amendments will also deal with bullying, harassment and in particular sexual harassment in the workplace. Employers will be required to have in place a zero tolerance policy for harassment in the workplace and recourse for employees for any contravention of the policy;
- Provision for current statements of employment to remain the same or benefits to increase in line with amended legislation, and not change or be altered to the minimum standard as set out in the amended legislation.;
- Provision for probation periods for new employees to be fair and reasonable;
- Streamlining the provisions relating to mediation;
- The introduction of a civil penalty regime for certain specific offences and clear breaches of the legislation;
- Provision for automatic certification for union representation when specific parameters are met;
- Provision for confidentiality and protection of workers during application for union certification;
- Reduction of response time by employers to an application for union certification; and
- Provision for parties to agree Terms of Reference for disputes prior to reporting the dispute to the Labour Relations Section.
Mr. Speaker, other matters still under review and consideration include:
- Employment protections for persons who are currently designated as non-employees including for example casual, temporary, part-time workers;
- Protection for employees who are coerced into working overtime for straight time wages;
- Tips and gratuities and who should rightfully receive them;
- Managing expectations regarding out of hours contact for employees. The issue is when an employee, including a public officer, is issued with a work cell phone, the expectation is that the employee be available twenty four hours a day, seven days a week including vacation with no break or additional remuneration;
- Protections for employees who have been promoted; and
- The status of a union bargaining unit when a sale or merger occurs.
Mr. Speaker, as many of these changes have been agreed by the social partners, including the unions and employers, we look forward to this House taking a bipartisan approach similar to the Wage Commission Bill, when we return for the debate following the summer recess.
Thank you, Mr. Speaker.