The Honourable Minister with responsibility for Labour, Mrs. Cora Richardson-Hodge, announced in January that the long-awaited Labour Code for Anguilla would be taken to Executive Council by the end of January and that it should be in place by the end of February. This announcement was made at the business forum organised by the Anguilla Chamber of Commerce and Industry to facilitate discussions between its members and the Government Ministers.
It appears that the draft Code was taken to Executive Council, and we are very aware that it received its first reading in the House of Assembly on 30th January, 2018. Passage of the Code has, however, not progressed beyond the first reading. The draft Code had been subject to a number of consultations with the various stakeholders prior to its first reading. These sessions, it appears, were either poorly attended or are not considered to have adequately addressed points which are of concern to various stakeholders. The first reading of the draft Code has served as a catalyst for what is being described as more meaningful consultation. It has certainly generated renewed interest among the business community, notably restauranteurs, AHTA members and the Anguilla Bar Association.
The draft Code has been described, in some quarters, as being heavily weighted in favour of employees and as seeking to increase their benefits to the detriment of employers, at a time when the economy can least afford such increased benefits. Employees, however, are understandably concerned that grievances, which they have long expressed and which the draft Code is seeking to address, will not be pursued in the face of apparent opposition from business owners and operators.
Minister Richardson-Hodge made a bold statement, which led many persons to anticipate imminent changes in employment benefits and responsibilities. Understandably, time is being allowed for stakeholders, awakened by the first reading, to compile and communicate their thoughts on the draft Code. After the government officials have received and reviewed the various submissions, will we see a significantly revised Code being progressed through the House of Assembly? Will a balance effectively reflecting the benefits and responsibilities of employees, employers and government be achieved? We will have to wait to see the answers to these questions, but most of us would agree that the Labour legislation, which has existed since 1988, is inadequate and is in need of revision if Anguilla is to be in step with the rest of the region and the world.
In contemplating the advancement of revised Labour legislation, consideration must be given to when is the most opportune time to enact such legislation. A time that is ideal for all stakeholders is unlikely to be identified. Ultimately, the content of any revised draft Labour Code, and the timing of its passage through the House of Assembly, are heavily reliant on Minister Richardson-Hodge’s boldness and tenacity in the face of varied and possibly irreconcilable interests among stakeholders. The enactment of revised Labour legislation is likely to be a true test of the leadership of Minister Richardson-Hodge and her colleagues in the United Front Administration. It is unlikely that the majority of the Anguilla populace will see the status quo as a viable option.
Stakeholders are encouraged to give deliberate and objective thought to the issues sought to be addressed by the draft Labour Code, and to suggest meaningful ways in which the benefits and responsibilities of employees, employers and government can be fairly reflected in revised Labour legislation.
