BLENHEIM, Hanover – Assistant general secretary of the Bustamante Industrial Trade Union (BITU) Collin Virgo has urged the Government not to yield to the temptation of those calling for the labour laws of 1976 to be reviewed.

“… I hear a lot of people in the private sector and others bawling out and talking that there is a need to change the labour laws of Jamaica. [But] I want to beg the Government not to yield to the temptation. Don’t fall into the trap because it was Sir Alexander Bustamante who insisted on the principle of what you call retroactivity that when you are negotiating, it doesn’t matter how long you end up taking to negotiate. By the time you arrive at an agreement, you don’t have to rush the agreement and fret over the time passed, because whatever money you are entitled to, you must get it,” stated Virgo. “It was also in the same law that Sir Alexander insisted that workers must be given due process,” he added.

“Hundreds of people would be out of a job now if Sir Alexander Bustamante did not put in the law to say [you can] accuse a man of whatsoever you want, but he is entitled to due process. You must provide the case against him.

“I am frightened when I hear lawyers jumping on that argument too, because it is the same rules and principles of natural justice that applies to a man accused of anything else,” Virgo told a thanksgiving service in honour of Sir Alexander Bustamante at his birthplace in Blenheim, Hanover, on Sunday.

“These laws that relate to due processes put in by Sir Alexander Bustamante is what has ensured that our mothers and our sisters, our daughters, our cousins, our nieces, and our women don’t have … fi keep the job after they get it. So, don’t fall into the trap of those who are saying that we should do away with these labour laws. We can’t go back to those ‘backa massa’ days,” Virgo urged.

In recent days, there have been increased calls for the law to be changed following revelations that the Government had settled a separation package with the former human resources manager at Petrojam, Yolande Ramharrack, instead of facing the Industrial Disputes Tribunal (IDT).

She was given $9.2-million before deductions. The Government claimed it went that route instead of using the IDT for numerous reasons.

Since the revelation, private sector groups and others have called for the labour law to be reviewed, claiming that taking matters to the IDT was not worth it because in most cases the tribunal rules against employers and in favour of employees.

Virgo also called on the Government to stop the common practice of placing workers on contract.

“When you are on a contract, you can’t get a mortgage to buy yourself a little house. You can’t get to go and get a little motor car. I don’t even sure if Courts (furniture store) give furniture if you are on contract. I am begging the Government to correct this wrong that was done to something that Bustamante laid out for the people of Jamaica. We fi cut out this business of contract work. It is foolishness,” Virgo argued.

The trade unionist, in paying tribute to Sir Alexander Bustamante argued that the practice which started in the 90s of placing employees such as hotel workers and security guards on contract was a disadvantage for the worker.

“Contract work don’t make any sense. Contract work is only supposed to be there when you have a short-term project doing. So, nobody working in hotel and as security guard, unless you plan to close down the company tomorrow, not supposed to be working on contract,” Virgo argued to a round of applause.,

Security Minister Dr Horace Chang was guest speaker at the function held to commemorate the 135th anniversary of the birth of the national hero and founder of the Jamaica Labour Party and the BITU.