Monday, September 5, 2016
By AVA TURNQUEST
Tribune Chief Reporter
aturnquest@tribunemedia.net
BAHAMAS Chamber of Commerce and Employers Confederation Chairman Gowon Bowe yesterday cautioned the government against fast tracking labour laws in a “knee-jerk response” to the shock mass redundancy action by Sandals.
Mr Bowe said the Chamber was extremely concerned about the one-month timeline proposed by the Labour Department to bring “emergency legislation” that would criminalise mass redundancy without government consultation.
Calling the government’s proposal a “food for thought document,” Mr Bowe called for a mature and thorough consultation process that drew from proper analysis not “sentiment or gut feeling,” pointing to the growing “violent” negative reaction to the proposal from the business community.
“In order to properly deliberate any type of consideration that is going to be far ranging, there needs to be the timelines in order to permit it to be done,” he said.
“There is nothing that would prohibit or prevent all of the stakeholders going back to their knowledgeable bodies and saying this is priority and other considerations get put onto the side to make sure we get all the information as quickly as possible. But we don’t put ourselves in a timeline that puts a gun to their head that effectively either makes the process a farce because it’s a predetermined decision, which will lose the credibility of the Tripartite Council, or on the flip side simply give fodder for the press and others who want to make mischief to simply say ok you didn’t meet the timeline.
“When you do that what you should be saying is, and I don’t think you should call it emergency legislation, it’s not like we had a catastrophe and you’re declaring a state of emergency. It has to be maturity and says that we want to act swiftly, but prudently and with careful consideration.”
The Department of Labour’s recommendations were outlined in a document dated August 31, 2016 that was obtained by The Tribune last week.
The proposals seek to make it a criminal offence for employers to fail to consult or notify the relevant minister or bargaining agent about their intention to make 10 or more workers redundant.
The government has also recommended that employers consult the minister and bargaining agent at least 60 days prior to the redundancy exercise whenever an employer is proposing to make 10 or more employees redundant.
According to the document, the government plans to not only force employers to give it and unions substantial notification of redundancy plans and to consult them, but to also remove the cap in the Employment Act which ensures that there is a 12-year limit on the redundancy pay an employee is entitled to under the law.
Yesterday, Mr Bowe said the proposal was a prime example of why the National Tripartite Council is a critical tool to facilitate healthy discussions between the government, employers and workers.
“Sometimes a circumstance does necessitate action,” he said, “but we have to be very careful that the action is not in reaction to the circumstance but more prioritising particular considerations because of a circumstance. So don’t react to one event because that one event whilst it may not be palatable does not represent what is normally taking place and you can address that one event very specifically but legislation has to be looking at the wider activity and given to what is normal.
“When you have an investing public whether Bahamian investors or foreign investors if they are not abiding by what you consider to be equitable practices then the government always has the right to revoke licenses and permissions to operate.”
Mr Bowe reflected on the successes of consultation on the government’s initiatives of value added tax (VAT) and the minimum wage increase. He lamented that the good faith achieved through the government’s handling of those issues would be threatened by a rushed and disingenuous consultation on labour issues.
“If you look and take the VAT element as a prime example that when government reacted with maturity, they had made up their minds but when the studies and fact-based information was presented back you may say that it didn’t change the decision to implement VAT but it changed the decision over the rate, over the exemption levels, it also changed some of the administrative decisions,” he said.
“So when you look at this one and draw a corollary what you can say is ‘okay we want to have a situation where there is some level of communication required before actions are taken and ultimately that there is some recourse if it is seen to be inequitable, but what are the mechanisms that we want to have. The principles are not ones that businesses necessarily resist, they certainly want the freedom to be able to deal with their staff on their terms because most times it’s not like we are forcing people to work when you come into a circumstance you choose whether you accept the terms and conditions under which you work.”
He added: “The only thing we need to have is large principles set out in the Employment Act. Keep it at a principles base, my principle is I want equity, but I am not trying to legislate morality because it is impossible to legislate morality and at the end of the day it usually backfires because you usually legislate morality upon those who actually act in a moral way and you create incentive for those who are immoral to find loopholes.”
The Chamber will commence consultation with its stakeholders, including international centres like the International Labour Organisation (ILO), according to Mr Bowe, who suggested that redundancy issues would become marginal if pension legislation was established.
Comments
sealice says...
I know of 2 potential foreign investors that pulled their money out today until at least 2018 because of this last week. It's sure to snowball and this right when Cuba is opening up???? Come you dumb asses the golden goose it about cooked, refrying it now ain't make it any better.
Posted 5 September 2016, 3:42 p.m. Suggest removal
Socrates says...
Looks like the socialists and communists are having their way. I mean make it a criminal offense to not notify government how you are going to run your business when it concerns staffing? Check all the overstaffing at government corporations and in the public service and tie that to the huge percentage of the national budget just for salaries and benefits, then tie that to the ever increasing national debt, How could any private employer exist if pressured to behave in like manner? In wonderland things are just getting curiouser and curiouser. God help us....
Posted 5 September 2016, 3:44 p.m. Suggest removal
licks2 says...
The private sector "OBEY" the same labour law that government does! The government tells businesses "HOW THEY MUST HANDLE THEIR STAFF". . .they are called IR, E 2001 and other acts that governs employee-employers dynamic regulations in this country. . .so carry your ignorance some place else. And how about tying the large percentage that private shareholders get while the workers. . .who do the work gets peanuts. . .either way fella, you need to understand the relationship of labour, production and capital . . . if you are on staff down there. . .from an HR perspective. . . I see why they "boggeling" so bad down there. . .you don't understand what you speak about. . .business!
Posted 5 September 2016, 3:58 p.m. Suggest removal
GrassRoot says...
no problem. just don't hire any people. I mean this government does all it can to stifle economic growth. Not giving work permits for qualified foreign people, not invest in schools for us locals, effectively forcing business to issue an employment guarantee (once employed always employed), not allowing to for underperforming employees to be kicked out, not giving breaks to employers that train employees (like writing and reading, drivers license, professional skills etc). so yes this feels like wonderland. I wonder why anybody would want to invest in this country.
Posted 5 September 2016, 6:06 p.m. Suggest removal
licks2 says...
The alternative is a company doing as it is pleased. . .no regard or respect for the rule of law. . .or stake-holders' sensibilities. . .let them go to Cuba. . .try that same thing they did here. . .hmmmmmmmmmmmmm!
Posted 5 September 2016, 3:47 p.m. Suggest removal
realfreethinker says...
You cant be serious
Posted 5 September 2016, 3:56 p.m. Suggest removal
licks2 says...
Get the papers and read the story from down there. . .them people are out of order! They are not maintaining good stake-holders relationships. . .all because they don't want a union. . .even after the PC told them they are being silly. . .ILO agreements etc. will not allow any private company to act as this one is!! I will be glad to see them go as oppose to seeing them "walking" on the right of one Bahamian staff in their own country!
Posted 5 September 2016, 4:06 p.m. Suggest removal
GrassRoot says...
Ticks2 you sure have a point. The labor market is played by both the unions and the employers. I would just love to see the same engagement by you when it came to making this government allocate a fair portion of the VAT to make the schools better in this country. That is where this country is rotten to the core. This government is pissing away money as if there was no tomorrow in projects that are not sustainable and were never meant to be sustainable, but were just badly disguised slush funds and corruption allocations.
Posted 5 September 2016, 6:11 p.m. Suggest removal
Greentea says...
Grassroot you are a thousand percent right about the public education system in this country. if you saw the education statistics you would cry. plenty government school teachers need to shape up or ship out because they are putting a bunch of illiterates out in the streets each year- with no chance of competing in the real "the bills got to be paid" world
Posted 5 September 2016, 11:32 p.m. Suggest removal
Honestman says...
Sensible advice from Gowon Bowe. Unfortunately this government is populated by dim-witted ego-driven "small men" who have no idea what it takes to run a business. All they know is how to over-staff public corporations and help themselves to the Nation's wealth.
Posted 5 September 2016, 4:06 p.m. Suggest removal
GrassRoot says...
hey I think once we are all hired by the government all will be good, ey? Pension Fund issues resolved, no unemployment, everybody as a skill that can be used somewhere (licking stamps for example). 100% productive labor force.
Posted 5 September 2016, 6:13 p.m. Suggest removal
MonkeeDoo says...
licks2 must think they got a grapnel anchor wedged in a shoal or something. Google Butch Stewart Net Worth. People with that kind of money don't have to stay anywhere. They can close Balmoral and Exuma permanently and it wont mean a single thing to his wealth or income. People like licks2 should not be allowed to vote because they just don't have a bloody clue about life !
Posted 5 September 2016, 4:11 p.m. Suggest removal
birdiestrachan says...
The Government was blamed for this situation. I do not know what the Government
could have done. If the Union to whom they paid their dues could not help them. The sad
part is that Butch Steward did not value them. as human beings.
Posted 5 September 2016, 4:46 p.m. Suggest removal
Well_mudda_take_sic says...
Sadly this type of foolishness is what happens when a self-professed Mugabe admirer like our corrupt Christie rubs shoulders for too long with his new found mainland China friends who have shown him the communist route to the pot of personal gold at the end of the rainbow. WE (THE BAHAMIAN PEOPLE) HAVE BEEN SOLD TO CHRISTIE'S CHINESE FRIENDS AND THE ENTIRE PROCEEDS OF THE SALE HAS GONE INTO THE POCKETS OF CHRISTIE AND HIS CLOSEST ELITIST CRONIES!
Posted 5 September 2016, 5:31 p.m. Suggest removal
The_Oracle says...
Just one more Move towards collapse, look at any other countries path to self destruction.
All the little pieces that add up to and collectively cause devaluation, rampant crime, capital exodus, almost identical in every case.
It is a well worn path seldom studied and avoided.
I have seen many leave, both foreigner and Bahamian alike.
shaking their heads at the unfathomable that passes for acceptable and business as usual, particularly and almost exclusively from Government.
For 40 years Bahamians have ben sold a bill of unsellable goods, in the name of "sovereignty" and "Majority rule", Independence and empowerment, and worst of all by their own.
Save for a few political families, everyone is poorer, with less opportunity, a dismal future.
The Jonny Come lately's currently running things into the ground are just outright pillaging as there is little left, and little time to finish it off!
No pretense left, just grab, sell, skim.
Maybe next will be legislated success! Will be illegal to fail!
That aught to guarantee things right?
The penalty of course will be summary execution, as opposed to the summary conviction now commonly (and unlawfully) enacted.
Posted 5 September 2016, 7:55 p.m. Suggest removal
MonkeeDoo says...
Black people know that white people brought them here from Africa. What many don't know is that Black people sold them to the white traders. They continue to be sold by Black people today. But not to white people anymore ! Why can't they wake up and say Hell No I am a free person now. Black people have been left to rot by Black people for nearly 50 years now. Go over the hill and see. Go to Kemp Road. Go to any out island other than Abaco, Long Island, Eleuthera. They got nothin ! Not even hope.
Posted 5 September 2016, 9:27 p.m. Suggest removal
Alex_Charles says...
This is not the way to go...
Why are we going down this path?
We should be making the ease of business better, not harder. FFS man.
I need to find a way out of this country, because it's as clear as day this place is on it's way to implosion from the rampant stupidity of the people to the complete stupid AF and morally bankrupt government... The Bahamas is fucked 4 way from Friday.
When people ask me where I am from I feel like a hooker in the front row of a church.. because I know this place is full of shit
Posted 6 September 2016, 11:58 a.m. Suggest removal
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