Employers to face hefty fines for labour breaches – Hamilton

…as legislative revision continues

After the revision of legislation for the labour sector, employers found in breach of the laws will be slapped with hefty fines for failure to meet the country’s regulations for their employees.

Labour Minister Joseph Hamilton told media operatives on the sidelines of an event on Friday that a legal committee is still reviewing the labour legislation, thereby enabling recommendations. The paltry fines currently in place, he warned, will be replaced with much heavier sanctions.
“We have a joint legal committee that will be reviewing legislation on labour. I can further say that the fines will be substantial coming out of the recommendations. After we have put all of that in legal language, we will have a consultation with all stakeholders. Fines will be one of the major issues because now the fines are pittances,” he outlined.
The complement of labour officers has increased to 28 for enhanced monitoring for compliance. The Labour Minister pointed out that companies are also guilty of other law-breaking issues, relating to overtime.
“We have had instances where companies give an allowance for overtime. That’s breaking the law. Many times, I’ve had to intervene. The time-buying thing is whereby companies work you overtime, they keep the time and at their convenience, they send the worker on days off. Totally breaking the law. There are several instances of that sort in the different sectors: mining, construction, oil and gas. Therefore, this seminar is to have a conversation with every participant in the oil and gas sector what the laws are.”
Another illegal practice is the facilitation of apprenticeship training through oil and gas agencies. Minister Hamilton pointed out that unless a company is authorised by the Board of Industrial Training, they cannot rollout such activity. In most scenarios, local agencies are in breach.
“Those things some people might not have known so we need to regularise that. Many of the instances that I have intervened, it is local HR and lawyers who have misdirected companies. That’s the sad thing and have created the conditions for that company to break the laws…We have to ensure that it doesn’t continue. It’s not just oil and gas companies and expatriate companies,” Hamilton underlined.
Among the slew of illegal labour practices is also the placement of workers on monthly contracts, continuing for several years with the intention of evading insurance and tax obligations.
“They have them for temporary employees for everlasting. The law is clear…They do that so that they don’t have responsibility and obligation to GRA and NIS. So, this person is a self-contractor but it is a permanent employee. Those are things I will regularise.”
While focused on labour breaches, the Labour Ministry is also paying close attention to the safety of workers. Through both the public and Private Sector, the need for workplace safety committees have been emphasised for companies with more than 19 employees.
“Most companies were in breach of that. We’re hoping to rectify that situation at the level of employment agencies that are here. They’re unregulated and the Central Recruitment and Manpower Agency will put legislation in place to have them registered and regulated; and to have in the legislation, specific fines for breaches.” (G12)