Women must not work after 10 pm, states 'obsolete' law
Published:Wednesday | June 5, 2013 | 12:00 AM
Daraine Luton, Senior Staff Reporter
NO WOMAN shall be employed in night work in Jamaica, except under certain prescribed conditions.
That is the law!
And it is a crime to offer goods for sale on Sundays, Good Friday, and Christmas Day, except in pharmacies, in shops within the terminal buildings of the Norman Manley and Sangster international airports, and public markets.
If caught and found guilty, your merchandise shall be liable to a penalty not exceeding $4 for each offence of selling under the 1843 Towns and Communities Act.
Labour Minister Derrick Kellier says the Towns and Communities Act and the Women (Employment of) Act of 1942 are among several pieces of labour-related legislation that are to be amended to allow for the implementation of flexi-work arrangements.
Night, as defined by the Women (Employment of) Act, is anytime between 10 p.m. and 5 a.m.
Kellier told legislators that it is critical for Jamaica to increase its productivity. He said flexi-work arrangements will assist in improving competitiveness and productivity on the island.
"The current economic situation in Jamaica indicates that the implementation of flexible work arrangements is now a necessity - not a choice. We can no longer afford to be complacent in light of global economic challenges," Kellier said.
AMENDMENT COMING
In making his contribution to the Sectoral Debate in the House of Representatives yesterday, the minister said a ministry paper would be tabled shortly in Parliament and drafting instructions are to be given to the chief parliamentary counsel to effect the legislative amendments.
David Wan, president of the Jamaica Employers' Federation, said the membership of his association was in full support of flexi-work arrangements and "can't wait" for them to come on stream.
"Take it off the books! This is a different day, different time," Wan said, while admitting he was not au fait with the piece of legislation.
Wan noted that women now worked as security guards and in other areas that might not be permitted under the legislation and suggested that the law was obsolete.
The Parliament has already approved a policy on flexi-work arrangements. Among the stipulations are for there to be no set eight- or 10-hour workdays, but that the workday be capped at a maximum 12 hours. The policy also states that all seven days of the week should be considered as possible normal working days.
The policy also speaks to a revision in the way overtime is paid to workers, and Wan said this was something employers embraced.
"The way the labour laws are written, an employer must pay time and a half on Saturday and double time on Sundays, but because of flexi-week, the extra overtime will only kick in once you have passed 40 hours," Wan noted.