Still no agreement on flexi-work 12 years after talks started
TWELVE years after deliberations first began for the establishment of flexi-work arrangements, there is still disagreement between the Jamaican church and parliamentarians on how the 40-hour work week should be calculated.
Church leaders have held steadfast in objecting to a seven-day work week, with Adventists saying a flexi-work arrangement could deny some of its members from worshipping on a Saturday.
Senator Dwight Nelson, minister without portfolio in the Ministry of Finance and the Public Service, made it clear that he would not stand in the way if the church had objections to the 40-hour work week being worked out over seven days.
“If the church maintains its opposition to a seven-day work week, then let me make it abundantly clear, I would not be party to any attempt to enter into battle with the church,” Nelson told a parliamentary committee Wednesday.
“.What we are trying to do is enable all seven days of the calendar week to be days of work. And if I can recall the presentation from the church, particularly the Rev Earl Thames, there is a basic objection to this. He stated that working seven days a week would destroy family life. And if we approve a seven-day work week (to use his own words) that would be the final nail in Jamaica’s coffin.” Nelson told the parliamentary committee.
Rev Thames, in response, said the church still felt that the position was dangerous.
“The reason why the church felt that a seven-day work week is in fact a dangerous move, is that that would prevent any church from holding a service. In other words, if you are able to dictate any five days in the week as days of work, it would mean that in any single congregation you will find that some of the members could not find days on which an entire congregation could meet.”
Said Nelson: “I don’t know that we need to be talking about the delicate items related to Christianity. I think we ought to be talking about the delicate items related to the workers’ right to worship. There are religions in this country that we need to recognise, even though we are a Christian country and that religion predominates.”
Committee chairman, Pearnel Charles – the labour minister – said 40 hours should be achieved, while allowing a day of worship. He said the flexi-work hours and time should give the best opportunity for people to select their day of rest.
Charles, an Adventist, said that groups should be given the right to negotiate their day of worship and if denied, the law will protect those individuals.
Opposition Senator Naval Clarke, in his presentation, said if the church maintained its position that the work week should be over five days there could be ‘legislative chaos’.
Earlier Nelson registered his disagreement with a proposal to amend several pieces of legislation, which he said did not interfere with the establishment of the flexi-work arrangement.
“I disagree absolutely with any suggestion that there is need to amend 10 pieces of legislation so as to facilitate a flexible work arrangement. Just by way of example, I want somebody to tell me what aspect of the Apprenticeship Act; the Civil Aviation Act; Holidays, Public General Act, which speaks to the declaration of public holidays and the National Insurance Act need to be amended to facilitate the establishment of flexible work hours?” Nelson, who was a senior trade union leader before his appointment to the Cabinet in 2007, also questioned why there needed to be an amendment to the Workman’s Compensation Act of 1942 to facilitate a flexible work week.
Senator Nelson said he was at a loss to see how the Women Employment Act, which prohibits women from working at nights and which is being breached, conflicted with giving women more time with their family.
He said he could see the need for the amendments of only three principal pieces of legislation, but not 10.
Chairman Charles, in his intervention, reminded members that the committee was trying to achieve increased productivity and employment; increased family time and reduction in labour hours as well as costs to employers, and greater availability for service towards the reduction of absenteeism at the workplace.
He said the committee would be seeking the advice of the solicitor general who will be responsible for the drafting of the laws.