Building a Better Jamaica

By PHILIP HAMILTON Observer writer hamiltonp@jamaicaobserver.com
Wednesday, September 30, 2009

LABOUR and Social Security Minister Pearnel Charles wants employers to consider introducing flexible work hours immediately to reduce the growing number of Jamaicans who are losing jobs.

Charles, who chairs the parliamentary committee examining proposals for the introduction of flexible work week arrangements, says it's time both workers and employers have serious dialogue on a flexi work week in order to cut costs and save jobs, instead of cutting jobs to save costs.

He made the appeal on the committee's behalf and said he had been extremely disturbed by the thousands of redundancy letters received from employers across the country. He said the committee, while not seeking to change any previously agreed arrangements between employers and employees, was concerned over the need to save jobs during the current economic crisis.

"We don't want the employers to feel that this committee is imposing a flexi-week on them or workers to feel as if were imposing different hours or robbing them of overtime per day or per week," said Charles. "But I would like the committee's support where we literally have to ration those jobs currently available in order to keep as many of our employees at work while seeking the co-operation of employers."

Charles added that although some employers were making attempts at job rationalisation in some areas, others were less co-operative. He was supported by Opposition Senator Navel Clarke, who while reiterating that it was not the committee's business to legislate flexi-work arrangements as arrangements regarding work hours was to be finalised between employers and employees, there was room for talks.

"Flexi working is a very good thing as it facilitates greater productivity, allows for people to avoid congestion on the roads during rush hours as fewer persons will not be going to work on the same time. It has a lot of potential for Jamaica's development and growth," said Clarke.

A component of the flexi-work arrangements being proposed by the committee allows for an employee to share his job with a family member or friend as long as the employer's work is done satisfactorily within the agreed work hours. The committee is also seeking to identify a 40-hour work week during which the employer and employee can agree as to how they divide those work hours, including scheduling and overtime arrangements for work done in excess of that period. However, a cap will be imposed on the daily number of work hours - not exceeding 12 - in keeping with labour guidelines set by the Ministry of Labour.

The committee also reviewed several laws likely to cause infringements on flexi work arrangements, including the Shop Opening Act of 1948, which stipulated that shops could only open for two hours on Sundays to sell ice.

Clarke said this particular law, while relevant to the period it was drafted, was woefully outdated and urgently required attention.

"I believe this is needed because it still remains on the statutes and places are opening on Sunday. People turn a blind eye nowadays but if were going to have it fully implemented in the sense of flexi-work, we want to ensure an amendment is made to give people access without hindrance. Someone easily use the law to say people are working illegally and take them to court to be fined," he said.

Clarke also cited another law barring women from working at night with the exception of certain occupations such as nursing, saying this also posed another restriction to flexible work arrangements.

Meanwhile, attorney general representative Marlene Aldred acknowledged that her department will review nine other pieces of legislation which will affect flexi-work schedules with a view to making amendments.

These include the Apprenticeship Act, Holidays Public General, Holidays with Pay, Shops and Offices, Workmen Compensation, Town and Communities, Minimum Wage, Interpretation, and the Employment of Women Acts.

The committee will meet next on October 28.