A good working definition for flexi-time is an arrangement that allows an employee to negotiate with his employer when hours will be worked within agreed limits and conditions. The concept of flexi-time itself is not designed to increase or reduce the total number of regular working hours.

It is not a replacement for overtime, vacation, sick leave, special leave, part-time work or any other similar working arrangement and it does not relieve an employer of its obligation to make payments in respect of these matters. It focuses instead on introducing flexibility into how regular working hours are spread.

Further, it contemplates that both the employer and the employee are going to work together to achieve an arrangement that balances the requirements of the particular workplace with the interests, needs and commitments of the employee outside the workplace.

There is no statutory definition for “normal working hours” or “normal working days” in Jamaica. However, generally, Monday to Friday, 9am-5pm or 8:30am-4:30pm are treated as the normal working days and normal working hours.

Currently, businesses wishing to introduce flexi-time practices must carefully manoeuvre their way through different legislations. These laws impact upon the issue of workdays and times, depending on the type of business, sex or age of employee and wages paid. For example, the current laws restrict the following arrangements: (a) women working for longer than 10 hours in any given day; (b) the offices of the company opening on Sunday, Good Friday or Christmas Day; or (c) any employee working for more than 6 days in a given week.

Both Houses of Parliament have approved the Final Report of the Joint Select Committee (the Committee) on its Deliberations on the Report on Green Paper #4 of 2001 regarding Proposals for the Introduction of Flexible Work Arrangements. The Committee has recognised that flexible work arrangements may not be suitable for all employment relationships. By removing restrictions on the introduction of such flexi-time this will pave the way for negotiations to begin between employers and employees in appropriate cases. The idea being that with flexible arrangements the following will obtain: (a) extension of opening hours beyond the traditional workday; (b) opening for business 7 days a week; (c) greater accessibility to their customers; and (d) increased employment because of the need for more workers. Additionally, workers can structure their time in such a way as to enable them to have more time for family and personal interests. It is expected that the above will enable greater competitiveness in the global marketplace.

The Committee proposed the following safeguards to meet some of the concerns which were expressed in the numerous debates and discussions which have ensued on this issue over the last 15 years: (a) a cap of 12 hours in a work day; (b) 40 hour work week after which overtime pay becomes applicable; (c) availability of all 7 days of the week for work; (d) protection of right to worship and from discrimination based on religion; (e) safeguarding of a day of rest; (f) gender neutralisation; and (g) introduction of machinery for monitoring and investigating complaints regarding work times.

Active work continues towards introducing an acceptable legislative framework to promote flexi-time arrangements into the Jamaican employment frontier.

Hilary Reid is a Partner at Myers, Fletcher & Gordon and is a member of the firm’s Commercial Department. Hilary may be contacted via hilary.reid@mfg.com.jm or www.myersfletcher.com. This article is for general information purposes only and does not constitute legal advice.