THE EDITOR, Sir:

I have been observing over the past 10 years the deliberations concerning the flexi-week culminating in the front-page story of October 23, 2006. For the purpose of enlightening those involved including the Church, the trade unions, the Ministry of Labour and the employers. May I advise that we had had a form of flexi-week established from as far back as the October 30, 1975 when the National Minimum Wage Order was passed.

Without being legalistic, that order provided that every worker is entitled to one day off per week to be known as a rest day and that day could be any day of the week. One from seven leaves six, and, therefore, there are six possible workdays per week per worker. BANG goes the five-day work week argument together with any special privilege attached to Saturday and or Sunday.

In addition the National Minimum Wage Order set out certain sums of money to be paid per hour for the first eight hours in any day or 40 hours in any week and other sums of money to be paid per hour for over eight per day or 40 hours per week; and further sums for work done on a rest day or public holiday. Nowhere in the order will you find the words 'TIME AND ONE HALF' or 'DOUBLE TIME.' it therefore follows that once an employer is prepared to pay above the rate prescribed for work done in excess of eight hours per day, which currently stands at $90.00 per hour, he may arrange with an employee a workday in excess of eight hours and a work week in excess of 40 hours without breaking the law.

Numerous cases to date

There are numerous cases of this being done in Jamaica today. Practicality dictates that the provisions of the order be maintained, especially as it relates to public utilities, tourism, commercial activity, and agriculture. I will never forget my late uncle telling me in my youthful socialist days of 1975 that, "Cows don't stop giving milk on a Sunday because you the government and the Church say they should."

The real problem is that we have a raft of laws, most of which predate the National Minimum Wage Order which restricts the operating hours of several types of business, e.g. the Shops and Office Act, the Banking Act and what I call the 'Rum Drinking Act' (the Spirit Licence Act). All of these laws are honoured in the breach and are in my view outdated.

Let us stop the debate and get on with the simple task of removing the RESTRICTIVE LAWS, at which point we will be able to maximise the use of the fixed assets, machinery and manpower of the country.

I am, etc.,

ROBERT P.D. BAUGH

Industrial Relations Consultant

Kingston 6