Labour and Employment Law - 2000

New Labour Laws and Bills Are Under Consideration

The government has introduced several labour bills which it expects will be passed into law during this current session of Parliament. Some of the highlights of those bills are named in this article but business owners should obtain copies of the bills after they have passed to understand all the details of these bills. The government feels that many businesses provide for their employees much better than these minimum requirements so the laws will affect only a small number of workers.
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The Minimum Wages Bill, 2000
The Minimum Wages Bill, 2000 sets a minimum wage for The Bahamas at $4 per hour or $170 weekly for workers except for domestic workers. Their minimum wage will be $30 per day or $150 weekly. There are exceptions to this. Any business which has an annual turnover of less than $250,000 is not bound to this except for any security officers that business might employ. Others not qualifying include students, gas station attendants, persons whose wages, tips, bonuses or commissions bring the sum to greater than the minimum wage or incapacitated persons.
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The Employment Bill, 2000
Employment Bill, 2000 protects employees from unfair dismissal. An employer will be required to show that the reason for that person's dismissal is fair. These are usually related to the capabilities or qualifications of the employee, his conduct or his redundancy or severance. An employee's membership in a union or refusal to become a member is not legitimate grounds for dismissal. Pregnancy is also unfair grounds for dismissal.

This bill also covers termination of employment with notice. An employer must pay a week's pay as well as a week's notice (or a week's pay instead of notice) if that person has been employed six to 12 months. If the employee has been working for 12 months, he is to receive two weeks' notice (or two week's pay) and a week's pay for each year up to 12 years.

If an employee gives notice of termination, two weeks' notice is required if he has been employed for one year but less than two. If he has been on the job for two years or more, four weeks' notice is required.

The bill also names the misconduct for which an employee can be dismissed but the employee will still receive previously earned pay.

The bill changes the normal workweek to 44 hours from 48 hours. Anyone working more than 44 hours is entitled to overtime pay. A person can work a maximum eight and a half hours per day. However the law is flexible in that if the total number of hours per week does not exceed 44, then a person can work more hours per day without being paid overtime. This allows businesses to work a five-day work week. Employees are to be given 30 minutes for lunch with pay. A person working on public holidays or on his hours off will receive twice his regular pay. In all other overtime he will receive one and a half times his regular pay.

Males and females must be paid the same rate for the same work. Workers are to receive two weeks' vacation at the conclusion of each year they work. A female employee is entitled to maternity leave in addition to her annual holiday. Maternity leave will be paid for at least 12 week at 40 percent of her wages up to the National Insurance ceiling. This benefit can be taken only once every three years.