NATIONAL PLAN OF ACTION ON FLEXIBILITY IN WORKING TIME IN JAMAICA

Transcription

1 NATIONAL PLAN OF ACTION ON FLEXIBILITY IN WORKING TIME IN JAMAICA Adpted by the TRIPARTITE NATIONAL MEETING ON FLEXIBILITY IN WORKING TIME NOVEMBER 2003 COURTLEIGH HOTEL KINGSTON, JAMAICA INTRODUCTION A Tripartite Natinal Meeting n Flexibility in Wrking Time was cnvened by the Ministry f Labur and Scial Security in cllabratin with the Internatinal Labur Office. The bjectives f the Meeting were t: Cntinue dialgue n flexibility in wrking time in Jamaica Share natinal and internatinal experience Cnsider guiding principles cnsistent with the gal f decent wrk Identify and discuss key issues relevant t flexibility in wrking time Reach cnsensus n a Natinal Plan f Actin n Flexibility in Wrking Time in Jamaica t guide future actin. The Meeting was infrmed by: The Green Paper n Prpsals fr the Intrductin f Flexible Wrk Arrangements, prepared by the Ministry f Labur and Scial Security A study n Wrking Time and Wrk Organizatin in Jamaica by Dr. Orville Taylr ILO standards regarding wrking time as well as internatinal trends and appraches A presentatin by Dr. Glenda Simms n Gender and wrking time The meeting als drew n the five principles f decent wrking time, based n research by the ILO: Healthy wrking time the prmtin f the safety and health f wrkers Family-friendly wrking time Gender equality impact n men and wmen cnsidered, gender equality prmted and negative impact n equality t be avided Prductive wrking time Chice and influence regarding wrking time The Meeting tk place in the cntext f cncerns abut the ecnmic situatin f the cuntry, the need t create emplyment, t enhance enterprise cmpetitiveness in the cntext f glbalizatin and generally t advance the develpment f Jamaica t the benefit f all f its citizens. At the same time, cncerns were expressed abut the pssible negative cnsequences n lng-held scial custm and practice n cmmn days f weekly rest, the impact n the ability f wrkers t wrship n days designated by their religin, and impact n family life. Issues f wrker prtectin, ccupatinal safety and health and the need fr gender equality were als raised. In additin, there was cncern abut vulnerable wrkers in precarius psitins due t their emplyment status r existing pr wrking cnditins, including excessive hurs f wrk f wrk, fr example wrkers in the private security industry. The Gvernment cnsiders flexibility in wrking time as ne issue in a cmprehensive apprach t defining a flexible labur market. Flexible wrking time arrangements are cnsidered part f effrts t enhance cmpetitiveness, efficiency and emplyment grwth, in rder t repsitin Jamaica in the glbal market, fr example in the advent f the Free Trade Area f the Americas. There was a sense f urgency

2 amng Gvernment plicy makers t ensure that all stakehlders had an pprtunity t enhance their understanding f the key issues related t flexibility in wrking time and t express their views and t find cnsensus n utstanding critical issues that remained as bstacles tward implementing a brad apprach t flexible wrking time arrangements in Jamaica. Cnscius f the urgency f actin and the desire t reslve differences relating t the prmtin f flexibility f wrking time in Jamaica, participants representing Gvernment, emplyers, wrkers, Church leaders and ther stakehlders participated in the meeting. The meeting adpted by cnsensus this Natinal Plan f Actin n Wrking Time in Jamaica t guide further actin tward the wider implementatin f flexible wrking time arrangements that meet and balance the needs and preferences f emplyers, wrkers and their families and the wider cmmunity. 1 The key issues discussed at the meeting were as fllws: Wrk n Saturdays, Sundays, and Public Hlidays, including issues related t weekly rest and premium pay fr wrk n weekends and public hlidays. Overtime-related Issues, including the cnditins fr vertime wrk i.e., the length f the nrmal wrking day and wrking week; frced vs. vluntary vertime, including advance ntice f vertime wrk; and vertime pay rates. Flexible Wrking Time Arrangements Which types f flexible wrking time arrangements shuld be prmted in Jamaica (flexi-time, cmpressed wrkweeks, part-time, etc.), and hw shuld they be explained and encuraged? Occupatinal Safety and Health Issues, including excessively lng hurs and night wrk. Gender Issues, including night wrk; limits n daily hurs nly fr wmen; part-time wrk. OBJECTIVES TO BE ACHIEVED BY FLEXIBLE WORKING TIME ARRANGEMENTS In additin t the brader scietal gals, bth emplyers and wrkers seek varius bjectives. Emplyers lk t mre flexible wrking time arrangements t increase prductivity and cst effectiveness within cmpanies; attract investment by ensuring that a flexible, skilled wrkfrce is available; t use capital resurces mre efficiently; t prvide wider service t custmers; and t cntribute t the flexibility required t cmpete in the glbal ecnmy. Wrkers desire wrking time arrangements that give them mre cntrl and influence ver their wrking time, enhance their ability t balance wrk, wrship and family life and plan fr persnal business, prvide pprtunities t pursue further training and educatin, as well as aviding incnveniences such as peak traffic times fr travel t wrk. Flexible wrking time arrangements shuld enhance prductivity, jb security, emplyment creatin and gender equality, quality f wrk-life and wrk/life balance within the framewrk f cnstitutinal rights and freedms. 1 The participant frm the Jamaican Cuncil f Churches culd nt endrse the natinal plan n behalf f either the JCC r the Cncerned Church Leaders Grup because he had nt received a mandate frm either.

3 COMMON VALUES/GOALS The fllwing cmmn gals/values emerged frm the Meeting: Scial dialgue Management/labur cperatin Individual wrker chice and influence ver wrking time Prductive and cmpetitive enterprises Maximum psitive utcmes fr enterprises, wrkers, families, cmmunities Exercise f leadership t impact n a change in cultural attitudes tward wrking time Adequate scial prtectin Access t justice fr all wrkers. FRAMEWORK In develping natinal plicy and legislatin n flexibility in wrking time as well as enterprise level flexible wrking time arrangements, the parties shuld be guided by: Rights guaranteed by the Cnstitutin f Jamaica Fundamental principles and rights at wrk: Freedm f assciatin and the effective recgnitin f the right t cllective bargaining The eliminatin f all frms f frced r cmpulsry labur The effective ablitin f child labur The eliminatin f discriminatin in respect f emplyment and ccupatin Relevant ILO Cnventins and Recmmendatins cncerning daily and weekly wrking time, days f rest, night wrk, part-time wrk, hme wrk, reductin f wrking time, paid educatin leave, wrkers with family respnsibilities, discriminatin in emplyment and ccupatin Enterprises shuld create wrkplace cultures that maximize prductivity and high perfrmance thrugh flexible wrking time arrangements, while at the same time respecting the rights and dignity f wrkers. THE FLEXIBLE WORKING TIME AGREEMENTS The Meeting reached the fllwing agreements n further actin that must be taken t realise these gals and bjectives: Negtiating flexibility in wrking time Negtiated agreements, as well as the pssibilities fr individual chice, shuld guide the develpment and implementatin f flexible wrking time in Jamaica. Limits n wrking hurs Wrking hurs f any individual wrker shuld nt exceed 10 in the day and 48 in the week. The ttal hurs f individuals wh wrk fr mre than ne emplyer shuld nt exceed these limits. In certain circumstances, and subject t specified restrictins, shift wrkers can be permitted t wrk in excess f the daily and weekly hurs limits.

4 Overtime All hurs in excess f 40 hurs a week must be treated as vertime wrk and emplyees wh wrk beynd this limit shuld be entitled t an vertime premium and/r time ff in lieu. Overtime shuld be vluntary. Wrkers must receive reasnable ntice f the requirement that they wrk vertime. Weekly rest and public hliday wrk All wrkers shuld be entitled t a perid f weekly rest f at least 24 hurs. They shuld have a right t negtiate the day n which they will take this weekly rest, including with the purpse f ensuring that it cincides with their day f wrship, and that right shall be prtected by law. Advance ntice shuld be prvided t wrkers required t wrk n their rest days and pay premia shuld be awarded t thse wh wrk n a rest day r public hliday. Night wrk Individuals wh wrk at night must be prvided with the necessary prtectin t enable them t d s in a healthy and secure envirnment. These prtectins shuld include, fr example, adequate security measures, health and safety prvisins, and transprtatin t and frm their place f wrk where needed. Flexible wrking time arrangements Cnsideratin shuld be given t the kinds f flexible wrking time arrangements that shuld be intrduced. The intrductin f flexi-time schemes shuld be prmted and facilitated t enable wrker t realise the necessary balance between their emplyment and ther aspects f their lives including their family respnsibilities. Where wrk is perfrmed n a part-time basis, it must be ensured that the same prtectins ffered t fulltime wrkers are als prvided t part-time wrkers, n a pr rata basis subject, where apprpriate, t a minimum qualifying number f hurs per week. Gender equality Current restrictins n the wrking time f wmen shuld be remved and flexible wrking time shuld be implemented in ways which advance gender equality. In rder t strengthen the gal f cntributing t gender equality, related measures shuld be taken such as the prvisin f child-care facilities.

5 Awareness raising Further effrts are required t infrm wrkers, emplyers and the brader cmmunity f the varius frms f flexible wrking time arrangements, their advantages and disadvantages, as well as the ptins that are available t them and the prtectins affrded t wrkers. Enfrcement f wrking time rights In rder t ensure wrkers legal rights with respect t their wrking time, the cnciliatin and arbitratin prcess must be restructured s that all wrkers, including the nn-uninised, have effective access t it. Wrking time arrangements must be effectively mnitred, cmplaints f breaches f the relevant legislatin investigated and redress ffered t wrkers whse wrking time rights have been breached. ACTIONS TO IMPLEMENT THE FLEXIBLE WORKING TIME AGREEMENTS In rder t realize these histric agreements, the fllwing actins are t be taken by the Gvernment, Emplyers, Wrkers Organizatins, and Cncerned Church Leaders: Natinal-level Actins The Gvernment, wrking in clse cllabratin with Emplyers, Trade Unins, Cncerned Church Leaders and ther stakehlders, will amend relevant laws t expand business pening and clsing times; eliminate restrictins n wrking hurs fr wmen and level the playing field fr male and female wrkers, including with regard t equal pay fr wrk f equal value; and, at the same time, ensure that adequate scial prtectin and safeguards with respect t flexibility in wrking time are prvided fr all wrkers. The specific Acts t be amended include: The Shps and Office Act and Regulatins The Twn and Cmmunities Act The Apprenticeship Act The Emplyment f Wmen Act The Emplyment f Wmen in Factries Regulatin The Minimum Wage Orders The Hlidays with Pay Act The Hlidays (Public General) Act Legislatin relating t payment f certain benefits, including The Natinal Insurance (NIS) Act and Pensin benefits. The prpsed Occupatinal Safety and Health Legislatin The Wrkmen s Cmpensatin Act. The Gvernment will guarantee that the right f all Jamaican citizens t wrship is safeguarded by law as well as by ensuring that all wrkers and emplyers have access t the cnciliatin and arbitratin prcess prvided by the Industrial Disputes Tribunal, in rder t enfrce their rights related t wrking time. The Oversight Cmmittee/Secretariat will ensure that the Ministry f Labur and Scial Security (MLSS) have the necessary pwer and resurces t prperly mnitr, prvide educatin, investigate cmplaints and ffer redress.

6 At the natinal level, the Gvernment will take all necessary measures t ensure the health f the Jamaican wrkfrce and the safety f Jamaican wrkplaces as flexible wrking time arrangements are implemented. These measures include the speedy prmulgatin f laws and regulatins that prmte ccupatinal safety and health in the area f wrking time. The Gvernment is t ensure that wrkers are prvided with adequate scial prtectin. In particular, the prtectin f wrkers benefits is a must. Fr example, in all flexible wrking time arrangements, scial and welfare benefits shuld be prprtinal t the hurs wrked and/r wrkstatus. The Gvernment will als ensure the prvisin f adequate security and transprt etc. t facilitate mvements f persns wh need t wrk at varying hurs, especially at nights thrugh measures such as, fr example, 24-hur bus service. The Gvernment will ensure that adequate insurance is prvided fr wrkers. Finally, the Gvernment, in clse cllabratin with Emplyers and Wrkers Organizatins, will cntinue t investigate the impacts f varius types f flexible wrking time arrangements. Enterprise-level Actins At the enterprise level, Emplyers and Wrkers Organizatins will take all necessary measures t ensure that the flexible wrking time arrangements are implemented prmte the health f the Jamaican wrkfrce and the safety f Jamaican wrkplaces. Emplyers, in clse cllabratin with Wrkers Organizatins, will strive t implement flexitime prgrammes that allw emplyees t vary the starting and ending times f their wrking day arund a set f established cre wrking hurs. Emplyers, in clse cllabratin with Wrkers Organizatins, will prmte the use f part-time wrk with benefits t assist emplyees in balancing their wrk and family lives. T make parttime wrk a viable ptin fr bth men and wmen, there als has t be a fundamental shift in wrkplace culture, s that peple see it as a meaningful mde f wrk. Emplyers shuld, t the extent feasible, prvide r supprt adequate, accessible, and affrdable childcare in rder t allw men and wmen t participate equally in paid emplyment, and the Gvernment shuld als encurage its prvisin. In designing and implementing flexible wrking time arrangements, enterprises will take int accunt the specific needs f certain grups such as individuals with disabilities and the need t advance lifelng learning. Public Educatin Campaign Recgnizing the deep lack f awareness and understanding amng the general public regarding flexibility in wrking time and specific flexible wrking time arrangements, the Gvernment, Emplyers, Wrkers Organizatins, and Church Leaders will initiate a brad public educatin campaign regarding flexibility in wrking time, including questins regarding vertime and vertime payments, with the aim f advancing a natinal dialgue n this subject. This brad public educatin campaign will include: Educatinal effrts in the schls system, frm the primary level upward, cncerning the wrld f wrk, including issues related t wrking time; Jint Emplyer and Trade Unin educatinal campaigns in the wrkplace;

7 An educatinal utreach effrt thrugh the Churches; and A wide-ranging infrmatin campaign cnducted by the Jamaica Infrmatin Service, in cllabratin with the Ministry f Labur and Scial Security. The Public Educatin Campaign shuld g ahead f, and in cnjunctin with, legislative changes regulating flexibility in wrking time, and a revised Green Paper will be a principal dcument in that Campaign. Internatinal Supprt The Internatinal Labur Organizatin (ILO) is asked t prvide cntinuing assistance in carrying ut the actins specified in this Natinal Plan f Actin.