40 Hour Work Week Begins - Clarification That Meal Periods Can Remain Unpaid

When the Employment Act, 2001, became law on January 1st, 2002, the standard hours of work was 48 hours per week. A provision of the Act provided for the standard hours of work to be "forty-four hours in any week for the period February 1, 2002 to February 1, 2003." Therefore, as of the 2nd of February, 2003, the Act is fully phased-in with the standard hours of work now being 40 hours per week.

A great deal of confusion has existed since the 9th of January on whether meal periods are included or excluded in the standard hours of work. This was a result of a statement in the Nassau Guardian by Obie Ferguson, President of the Trade Union Congress, that the 40 hour work week means 35 hours of work and 5 hours of paid lunches. BECon publicly stated that meal periods are not legally included in the standard hours of work, however the Department of Labour began advising employers and employees alike that meal periods are to be included in that standard hours of work.

In a press statement on Friday, the Hon. Fred Mitchell, M.P., Minister of Foreign Affairs and The Public Service announced that although government is paying civil servants for meal periods and raising the rate of pay of hourly paid workers affected by the reduced work week, this does not affect the private sector.

The Bahama Journal on Friday reported, "Minister Mitchell said there is no legislative provision to require private employers to adjust the hourly rate of pay for their employees to maintain their current weekly salary after the workweek is reduced…. Minister Mitchell said the Employment Act is silent on the issue of a paid lunch, therefore a paid lunch hour is only included where it is a pre-existing contractual arrangement. For employees who presently enjoy a paid lunch hour, the Employment Act requires that the benefit cannot be withdrawn. For those employees whose contracts of employment do not include a paid lunch hour, the existing condition will continue."

BECon advises employers that if the practice of paid meal periods is started as a result of misinformation on the law, this practice cannot be stopped and must continue under the "saving of more favourable terms" section of the Act. BECon recognizes the right of employers to pay for meal periods, as well as the right not to pay for meal periods.

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