Labour Commissioner warns jobseekers on workplace pitfalls
Labour Commissioner Mervin Hastings has urged jobseekers entering the BVI workforce, including those pursuing careers in the marine industry, to understand their employment rights, document workplace disputes and pay close attention during probation.
Addressing a recent marine career workshop, Hastings said employees should keep written records of warnings, evaluations, working hours, payslips and correspondence with employers.
“You always have that paper trail, you keep the records of it, and you file a claim within the department,” Hastings stated.
He told participants that workers generally have six months after termination to submit a complaint to the Labour and Workforce Development Department. The department can investigate and mediate disputes but cannot impose compensation or determine whether an employer acted unlawfully.
If mediation fails, an employee may ask for the matter to be forwarded to the minister responsible for labour and subsequently to the Labour Arbitration Tribunal, Hastings explained. The tribunal hears disputes involving unfair and constructive dismissal, redundancy and workplace discrimination, and may review certain decisions of the Labour Commissioner.
Hastings also cautioned workers about the importance of their probationary period, saying employers may terminate an employee with 24 hours’ notice during that period, but must act within reason. He said employees should receive appropriate instructions, training and regular evaluations.
“Your probation is very important. Please always try to pass that probation period. It’s very important. Show up at your best during those first three months,” Hastings stated.
Secure payslips
He also advised workers to secure written details of their duties, hours, pay arrangements, rest periods, leave entitlement and other basic conditions of employment. Employees should also retain payslips showing deductions for Social Security, National Health Insurance and taxes, he said.
On working hours, Hastings said the law requires a break after five continuous hours of work. He also told participants that hourly paid employees qualify for overtime after working more than eight hours in a day, even if their total hours do not exceed 40 for the week.
“Save your hours, record them. Those are your rights that you must have being on the job,” Hastings said.
He warned that termination for gross misconduct could result in the loss of severance, notice and other benefits. However, he said the tribunal, rather than the Labour Commissioner, ultimately determines contested cases.
Hastings said proposed labour legislation would be presented for public discussion and encouraged marine workers to participate in the consultation process.
“When the labour code and the new regulations come up with the labour law, I challenge all of you to come to those meetings and make sure that things like that are included,” Hastings stated.
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We must thank Mr Willock for this workshop in sea cows bay so this kind of information could come to light
We voting for him all the way
What does that actually say ? After that they can’t easily let you go so you’re ok to then slack off . How do you think that’s going to go down with employers looking for a motivated workforce!
Showing up on a job doesn’t mean you are working…Work is about results and making a difference.. In labour thats not happening…Imagine this one sexurity company over working and disrespecting it staff braking all lqbour rules, no mqtter how these staff complain tolabour these workers get no justice. It is so sad and painful.. All who dishout and encouraged injustice will one day pay for it..Do good and goodness will follow you. Do bad and it will come back to you….
I have no words. None at all! The Labour Commissioner is effectively advising locals to show up to work with the intention of causing problems in the future? How about show up to the people’s business, do your best to give value for the monies you receive in exchange, learn as much as you can, build your resume etc. Instead, he is encouraging them to cause confusion? I agree that all employees should know their rights and not let any business take advantage of them but what kind of one-sided message is this? Do we have a Labour Department or an Employers Union for local gripes? Who do businesses complain to when employees threaten their investments? Nobody? Okay… Let’s see how this one plays out then.
Dear Sir / Ma’am
This is not a Labour Department that is neutral and focused on the best interests of both businesses and employees.. this is, and always has been, a glorified Labour Union.
They don’t give a $hit about employers. You, the entrepreneur (the driving force behind tax revenues that pay for this Labour Union’s activists), are in every essence the devil incarnate. You can do no right! Labour makes certain of that!
Their policy? You, and your business/es are guilty, until proven innocent! And even if proven innocent, you’re still guilty!
This Labour (Union) Department, does all it can to make the private sector as miserable as possible. They blame us for every issue, and drag us through endless $hit because they have the power to manipulate and intimidate. It’s the ONLY thing they do well and with ruthless effiency!
You, the current Mr. Labour Union boss, ARE THE WORST ever!!! You’ve beaten every other Labour boss by a mile, even the famous Ms. Maynard.
Your Labour Union tactics disgust me!! Hopefully, I’m not alone in that thinking!
You hit the nail on the head. The last thing a lazy entitled workforce needs is validation from authorities that their behaviour is ok. And then they wonder why expats are more desirable. Please someone get a person that is more balanced in to the position
When will there be an audit of the labour commission/tribunal? There is never a report of how many complaints a recorded and their processing and the end results. These people should be helpd accountable for their incompetence.
Well the labour laws needs to be enforced
How is the Labour Commissioner advising those in this particular field of th ire rights under the Labour Laws of the VI? Ayo cowbirds like to jump and criticize every dog gone thing. Set ah whiners. There have been a bit off employment issues in the marine sector that have been highlighted in the media recently. Why is it that our locals are constant sidelined for overseas expats? How can a South African Caucasian chef cook local cuisine for charter guests looking authentic VI experiences? Yet the locals are overlooked for these patsy’s and Karens because of skin colour.
So – yeah Hastings remind thise locals in this sector of their rights. Regardless of how hard they work the discrimination is evident and this who don’t work in the industry but got more opinions than ars e hol es – wankers!