February 27, 2018
Honorable Mrs. Cora Richardson-Hodge
Minister of Labour
The Valley
Anguilla
Reference: The Anguilla Chamber of Commerce & Industry’s Position on the 2018 Labour Code
Dear Mrs. Richardson-Hodge,
I hope this letter finds you well. I must extend thanks for affording the membership of the Anguilla Chamber of Commerce and Industry (ACOCI) and the Anguilla Hotel and Tourism Association (AHTA) the opportunity to meet with you and your team to further discuss their concerns regarding the proposed Labour Code Bill 2018 (“the Bill”) on February 20th, 2018. The Board of the ACOCI on behalf of its members wishes to highlight our concerns surrounding the Bill.
While this Bill may have every good intent, it will have far-reaching financial implications for businesses and it’s passing into law comes at perhaps the worst possible time in our nation’s history. No reminder is needed, that just six months ago our lives were impacted by an unprecedented natural disaster of epic proportion, causing significant disruption to all businesses on Anguilla. Our tourism sector, the main pillar for our economic activity which accounts for 80% of our GDP, and is also our main employer (one in two), not to mention the other spin-off sectors were severely impacted. In fact, most of our 5-star Resorts are yet to reopen for business and when they do, it will be during the off season.
It is therefore fair to say that considering the investments required and those made thus far by the Anguillan business community, with the hope of creating a resurgence of economic activity, the proposed Bill adds further unnecessary hardship to the already strained and limited financial resources of our private sector. It is the view of ACOCI that to enact this Bill at this time would be suicidal as it will ‘arrest’ the economic progress we have made since Hurricane Irma at a time when we seek to incorporate growth and resilience into the economic conversation.
Our businesses simply cannot afford the implementation of the Bill at this time. Many of our members have indicated that they will cease their business operations should the Bill be made law. I am sure you will agree
this goes counter to what the Bill seeks to achieve; which is the protection of employees and employers. The main sections with severe financial implications including but not limited to:
• Section 37 – introduction to a 40-hour work week
• Section 39 – overtime pay (hotel workers to be paid overtime if they are called into work on their scheduled day off even if they haven’t worked in excess of 8 hours on any workday or 40 hours in that work week.
• Section 42 – payment in respect of public holidays (workers paid daily or hourly even if they don’t work on public holiday)
• Section 71 – annual leave to be increased
• Section 107 – severance pay
• Section 108 – retirement benefits
Our recommendation is therefore that you reconsider; the timing of implementation and amendments to the identified sections, thereby allowing our business community a timeframe acceptable by all stakeholders to make the relevant changes required while keeping the dialogue open ensuring the relevant buy-in to move forward for the good of Anguilla.
May God continue to bless Anguilla and its people.
Your sincerely,
Mr. Desron Bynoe
Acting President
On behalf of the Board of Directors of ACOCI
(Published without editing by The Anguillian newspaper.)
