Goverment considers amending labour laws to cater for businesses opening on Sundays

McIntyre

Government is willing to work with the private sector in determining how best as a collective body it could come up with a strategy to allow some business establishments to remain open to do business within the city of Roseau on a Sunday.

According to the Labour Law of Dominica chapter 19:10, Sunday is regarded as a public holiday. The Labour Contract Act Chapter 89:04 states that workers are to be paid double time for performing duties on that day.

Hon. Minister for Employment, Dr. Colin McIntyre, said that with the presence of cruise ships on the island on a Sunday, it is necessary that merchants consider providing a service on a Sunday.

The Minister went on further to state that the labour laws of the country will have to be revisited to facilitate such a change.

“This is a burning issue that is coming up more and more. It has placed itself on the table for consideration but as a Government, we want to make sure we do things right. It has to be something that the people understand, that is a requirement. It has to be a partnership between Government and the people to make the necessary changes in order that we have a win-win situation. We do not want to force anything down on our people because we have to be concerned about labour laws and the rights of workers.”

He added, “What I am saying here is, this is something that we must take into consideration if we have to take Dominica to the next level because on a Sunday, with say 2 000 folks walking through Roseau, you cannot have Roseau shut down at all. You cannot have Roseau just totally locked down because of double time on a Sunday. We have to strike a balance somewhere in there. Again, it has to be between the Government and the workers and the private sector,” he pointed out.

The Minister says while it may be easy for smaller enterprises to remain open, larger business may find difficulty in paying overtime to such a large number of employees.

“There are certain businesses that are capitalising on it because their workforce comes from within. Therefore, they can stay open and their overhead would not be as heavy as say if you want to open one of your larger firms in Dominica. It is going to be very difficult to pay double time on a Sunday for your entire staff. So some things have to be looked at,” he noted.

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58 Comments

  1. ME
    May 30, 2011

    What do we benefit by shutting down the country on Sunday? Nothing! As a matter of fact, we love shopping in Puerto Rico, Miami and New York on Sunday. How would we feel if the US shuts down on a Sunday?
    This question of worship is hypocritical. Do Christians need a public holiday to worship their God? So if the State does not grant a holiday, God will be left in sheep street? How sad! How hypocritical. Do you know that the Seventh-day Adventists have NEVER asked for Saturday to be declared a holiday? And do you know that,as a percentage of total membership, more Adventists go to church on Saturday than Catholics go to church on Sunday? So, you see, this religion argument is bull.
    I fully support the views of the Minister and the DAIC.

  2. slow down folks, think, man need rest too
    May 10, 2011

    I hope we understand that this is not a simple decision, these decisions have implications for our very way of life. Sunday should remain a public holiday my friends, hard work and no rest is slavery.

    Let me clarify; God never declared Saturday the day of worship, he declared it the Sabbath; day of complete rest, to break it was punished by death. Jesus is now our complete rest, he said come to me all who work hard and are heavy burden and I will give you rest. so true rest is found in Jesus and his resurrection and victory over sin is what is celebrated every day including Sunday (day of the Lord) , enough scripture.

    I believe that to work on a Sunday should be optional for now, and people who agree to work should be the paid the legal requirement. If the nation moves away from the lord for the simple pursuit of money, we should not be surprised of what our nation will become.The question is now, who should really work on Sunday?

  3. The messenger.
    April 22, 2011

    This idea is long overdue, this should have been implemented thirty years ago, ( common ) you people, been asleep for much to long, ( wake up ) Arise & shine, it’s about time. Also our night life need a boost;

  4. Anonymous
    April 21, 2011

    Ok, this is good, but only if the work force is paid, time and a half, for working on the sunday the big shops should compensate the workers for giving up their day off. Anybody who is asked to work on their day off should be compensated. Government should be about the people all of the time. The big shops too greedy, they always want unfair advantages.
    If they open on sunday then they should obey the laws of the land and pay the staff time and a half. This is what the government should concentrate on, the working man.
    I am all for sunday opening, but it is time and a half pay for staff. Sunday is a holiday, not a holy day so there is no problem.
    The only HOLY DAY is the Seventh Day or the Sabbath Saturday, and Dominica have broken that Holy Law of The Lord Thy God from its conception of religion. So go ahead, open on Sundays , maybe then the Lord will heal the Land when the people become willing and obedient, to keep The Saturday, Sabbath Holy.
    Every where else have sunday opening, god does not mind, he did not mind when they instituted SUN worship sunday for his Sabbath Saturday, so why would he mind if at last we do what is right.
    Time for Sunday opening. It makes Dominica a land of equal opportunities.

  5. SABBATH
    April 21, 2011

    Saturday is the correct day of worship, that s our Sabbath, some people choose Sunday, I have no problem with that. oes everyne in Dominica follow these HOLY DAYS? Most people disrespect the day that GOD intended for us to rest. What a nation of LIARS.

    The Government need to ensure that evryone respect the Holy Days by going to a church, mosque or Kingdom Hall.

    We need to ensure that everyon have a religios afiliation and they make thei attendance known or else I SUPPOR THE MINISTER BY OPENING ROSEAU ON SUNDAY.

    Why say it’s a Holy Day and Dominicans don’t have respect for it?

  6. mahaut
    April 21, 2011

    when does overtime have to be paid? I thought that you first was required to work the minimum 40 hours per week and then, anything on top of this is considered overtime. Now this is a simple solve. people would be required by companies to work 40hours a week. so if you have to work on a Sunday, you will be given one day off during that week.

    This opens more employment opportunities, since more people will be required to fill in on Sundays. Now the company will have to determine who works what shifts, and based on seniority, people that have been there the longest will get priority of not working on a Sunday. Now public institutions will be from Monday to Friday. But private Companies should have the right to open when the feel like.

    • The truth
      April 21, 2011

      overtime doesnt necessarily have to be paid at all. it depends on what contract you sign. if you sign a contract that gives you days off in return for days you work then you will not get paid for your overtime at all. instead you will be given days off. thats how i know it. but normally with it that way there is a catch where if you cannot get the time to take your days owed within a month then you get it in cash. but… thats just how i know it.

      • The truth
        April 21, 2011

        oh unless it is classed as a holiday for time n a half or double pay.

  7. Ellen Evaline Paul
    April 21, 2011

    Does anybody know that song: “If we forget God satan will rule and sin will cover the land and the sea, if we forget God, his mercies will flee, if we forget God our nation is doomed”. We cannot be serious. Where is the church in all of this? We know that most of our people worship on a sunday. Please, please, please, things are happening in a subtle manner.

  8. underdesea
    April 21, 2011

    ok. i’m not christian or religious in any way, but this worries me:

    1. how much do the tourists really spend at local supermarkets, shops, bars, etc? Is it worth changing the laws for? how many cruise ships arrive here on a sunday? stats and figures, required please.

    2. what about the workers who may be required to work on sundays? there is no longer much of an incentive to encourage the worker to do so or compensate them accordingly for giving up their one day of rest in the week. would workers be required to work on sundays? would it be mandatory?

    3. as already mentioned, there are more pressing issues in the labour laws that need amending. we are quick to look at changing our laws to accommodate tourist arrivals without giving much of a clue as to what the gains would be from such a move.

    4. can’t the businesses just open on sundays if they find it viable to do so? for larger firms, there are cases where they operate a skeleton staff, such as when they are doing inventories and such. why can’t they call in a skeleton staff on the sunday and still pay them their required double pay? this way, only those motivated to work will do so, and the employers can control the amount of pay they would be required to compensate their worker. of course, there are concerns as to the minimum number of persons required to effectively run the firm/business on that day. these things may need to be considered first.

    5. its all well and good that we will be looking at these laws. but i see no reason to remove the double pay for work on sunday from the laws. this just gives more power to the employer and less to the employee, who in most cases here locally is already severely marginalized and taken advantage of by the employer.

    6. More importantly: fix problems with wrongful dismissal, non-payment of social security, poor working conditions, no overtime pay for overtime work for the people of dominica, please. our work force for the most part (from my humble and limited experience) is not a happy or very productive workforce. fix some of these issues and we may have a happier workforce. Also, pay for workers here is way too low, IMHO.

    • Correction
      April 21, 2011

      what abouttheprivatesector employ part-timers on the weekend? Living in London and studying during the week, i work part-time with sainsbury on saturday and sunday, most if not all of us who work on the weekend are part-timers!!!!

      There is nothing wrong with removing sunday as a holiday, it is a backward law…. above all the private sector must be innovative in scheduling their shifts.

  9. Sunday optional
    April 21, 2011

    Not all countries trade on a sunday…..YOU GUYS SHOULD FOCUSS on revising the labour law in terms of Dismissal……..Employers must first request permision from the Department to dismiss an employee……along with their request they should provide valid reasons why this employee should be terminated…after, a meeting will be called with both parties and it would be up to the Comittee to decide whether or not to approve the dismissal.

    • Doctor Cure
      April 21, 2011

      hmph!! that person who voted my comment downmust be an employer…..lets be fair guys…some of u over do it…u just fire people cause u want to bring in your uncle,your sister, your girlfriend..trust me..been there..I know how it is….

  10. Pundit
    April 21, 2011

    Why does Dominica need to be like every other nation?? Why can’t it create its own tagline?? Part of being a nature island is to be unique.

  11. Norman shillingford
    April 21, 2011

    You. Lord, are the light that keeps me safe.I am not afraid of anyone.You protect me and I have no fears.I ask only one thing, LORD: Let me live in your house every day of my life to see how wonderful you are and to pray in your temple. In times of trouble, you will protect me. You will hide me in your tent and keep me safe on top of a mighty rock.Trust the Lord! Be brave and strong and trust the Lord.

    • Soldier
      April 21, 2011

      ??????? Norman .. was this intended for anyone or were you just typing aloud?

  12. careful
    April 21, 2011

    OH an idea! don’t charge taxes to the merchants on Sundays.

  13. careful
    April 21, 2011

    Sounds like a good idea but few questions?why not open government offices during lunch break instead? Would arrangements be made for those who wish to serve God instead of working on a Sunday?Would that not draw more people from church?Would the absence of God not give rise to the presence of the enemy, thus more crime?Would we even think of placing tourism over our God?Let us at least give God one day. money is not the answer.The thought may be tempting but be careful and not always follow other countries.

  14. thinker
    April 21, 2011

    Colin – If it works don’t try to fix it.
    Leave that to the heathens.

  15. no name
    April 21, 2011

    I may sound foolish to some of you readers, but I disagree with the suggestion and this working on Sunday thing. I don’t live in D/ca right now but live in a country where there is Sunday trading and you don’t really have a choice if your workplace opens on a Sunday but to go to work. Yes some places pay you time and a half or double pay but some places just pay you your normal pay. Sunday trading destroys family life and we see what is happening in D/ca already when it comes to that. I used to do Sundays because I had no choice, work till 6 on a saturday and then still work on a Sunday.

    I agree that the street vendors could come out at that time because that is their living and the restaurants and other eating houses or bars, but I totally disagree with Sunday trading.

    Again that is my opinion

    • Truth, Justice, Love, Peace and Unity
      April 21, 2011

      If Sunday shopping is legislated, employers pay their employees only their basic salary. If, however, employees work on a Federal or Provincial holiday, they will receive time and a half pay or a day off in lieu of pay. Employees who work overtime are paid a certain percentage of their salary.

    • Soldier
      April 21, 2011

      You have missed the entire point!
      This is for those that want to do it.
      Even new workers .. unemployed people would get more work and opportunities.
      If you do not want to work on Sunday .. no one would force you.

      To the previous blogger…. having Government offices open during lunchtime is also a great idea!

  16. LET IT BE
    April 21, 2011

    Thats a big step to the next level. Here in Canada, banks now open on sundays for 4 hours.
    Dominicians shoud have the choice to work on Sundays and get double time pay or stay home.

    • Soldier
      April 21, 2011

      Only if merchants are allowed to charge double for their goods will they pay employees double. So the idea is to bring in new and already unemployed individuals. Keep thinking positively.

  17. natasha j
    April 20, 2011

    this is not a burning issue mcintyre,open the businesses from 9 to 1 and pay the workers double time,check the virgin islands they will explain it to you,we are not under british rule anymore so you guys need to step up to the plate.

  18. TRUE DOMINICAN
    April 20, 2011

    doc i dont agree wt u guys on that one at all….within the region most countries do not open on Sundays…some Malls such as in B/dos (Sheraton) and Trinidad but only for a few hours….also the tourists do not buy from the stores, they purchase some things from the vendors and go on tours, most of them dont even get off the ships particularly wt all the new additions – rock climbing, pools, sand or beach simulations etc that the new ships are built with those days. I think if a business wants to open, that should be their choice and they should pay the double time to the employees who want to work. Remember SUNDAY IS STILL OUR SABBATH, PLS DONT TAKE THAT AWAY FROM US! REMEMBER THE SABBATH AND KEEP IT HOLY…TO THANK GOD FOR OUR MANY BLESSINGS – rivers, mountains, flower and funa, waterfalls, rivers, beaches, animals (on land and sea), fertile soil, stable government, democracy, an economy thats doing a lot better than our neighbours, a small crime rate, amazing citizens who continue to put him first, etc, etc, etc…the list goes on and last but defintely not least i suggest that a referumdum be utilized to determine the way forward on that….i will be watching

  19. Soldier
    April 20, 2011

    About time!
    I like the idea.
    Those of us that still want things to remain the same .. relax on a Sunday or go to church or go fishing or go swimming or just do whatever, can still continue to do so. Those of use that would rather open his/her business or seek employment on a Sunday as more businesses will open on weekends can find jobs .. PERFECT! Everyone is Happy!

    • hymm
      April 20, 2011

      SO WHY DOES THE LAWS HAVE TO BE CHANGED. JUST GO TO WORK ON SUNDAYS , AND GET PAID DOUBLE IF YOU WANT TOO. IF THE LAW ARE CHANGED WORKERS WONT HAVE A CHOICE OF GOING TO WORK OR NOT SOLDIER.

      • learn to give a helping hand
        April 21, 2011

        Exactly! Soldier did not understand the logic of this….this law will allow your company to arrange work on a Sunday also and you will have no choice …cause it will be lawful. Thats what this is about! lol

      • Soldier
        April 21, 2011

        No guys .. 40 hrs is 40 hrs and everything after that is time-and-a-half. That will still stand.

        Hymm … most merchants will not open as they would have to pay double time by law, this is the law they want to change and not the entire labour law.

  20. hymm
    April 20, 2011

    why are my submissions not posted by dno. have not posted in days but am told posting too fast. ok then :lol: am all for it, great idea LABAR. I HOPE THIS ONE GET SUBMITTED. ANY WAY IN HIND SIGHT THIS IS PURE COMMUNISM SCAR IT.

  21. Truth, Justice, Love, Peace and Unity
    April 20, 2011

    McIntyre:

    You are a Catholic Christian. You appear to have a spiritual problem. Beware of such a revised law of opening on Sundays to cater to the tourism industry. The Law of the land is not always the Law of God and does not meet with his approval.

    The Third Commandment of God and by no means lesser than the other Commandments is:

    Remember Thou Keep Holy The Sabbath Day.

    Commands: going to Church on Sundays and holy days.

    Forbids: missing Church through one’s own fault; unnecessary servile work; public buying and selling; court trials.

    The Lord has spoken. His Commandments must be obeyed. Otherwise pay the price. When hardship, illness, disasters and other dilemmas befall you and Dominica, do not say “Why me or us.”
    Who governs the land, tourists or the government with God at the helm? Tourists are obligated to respect the laws of the land and schedule their stops accordingly. They are not to dictate to a country and a Christian one at that, that it should open its stores to cater to them. Are you bowing down to them for the almighty dollar?
    Dominica does not have to cater to tourists and tourists ships and open their stores on Sundays, a day of Sabbath. Their staff will be obligated to work. Tell the tourists they can go to Church and sight-see.
    There are essential services and shopping on Sundays is not one of them. Tourists will be still contributing to Dominica’s revenue when they take a taxi or bus or go to a restaurant or visit places of interest. They will not be held in bondage should the ship be in dock on a Sunday.
    In bygone years Dominica survived very well without tourism and non-shopping on Sundays.
    Oh how Satan is happy that the almighty dollar may win. A certain Hell for those who deliberately violate God’s Law all because of the almighty dollar and deprive worship and family time on Sundays to cater to tourism.
    Our Lord Jesus Christ said: “You cannot serve God and money.”
    In changing the law, beware of God’s wrath on Dominica and its nationals, yourself and family.
    Another matter, do not cater to those who are also non-Christians. Keep in mind, when in Rome, they should do as the Romans do. If Dominicans as much as visit their countries they must abide by their laws, religious and non-religious. Do not pacify them.
    I pray that God will put a hand that such a law not be enacted in Dominica. Please help Lord!

    • Soldier
      April 20, 2011

      Everywhere else in the World has made accommodations!
      The country must move on and work .. if you do not work on a Sunday, then stay home! Others will!
      Sunday is noted as public holiday .. I’m a Christian and Sunday is not a holiday for me nor is it a religious day for me. Get Real!!!!!

    • Anonymous
      April 20, 2011

      Huh?????? where is this third commandment and if your quotation says remember to keep holy the sabbath day, doesnt the bible say that the seventh day is the sabbath day? what makes sunday holy as the first day of the week? If on the the real sabbath day, the seventh day (saturday) businesses are all open, why should they be closed on Sunday?

      • Soldier
        April 21, 2011

        Oh boy! No one can help you there.

    • wesleyman
      April 21, 2011

      First thing, sunday is not the Sabbath, get that right. so let us begin by understanding that this is an attempt to facilitate Astaphans and the likes, it is about time Dominica become a free market society where the government dosnt controll every thing in people’s lives. If it si so lucrative for the stores to open on sunday because there is business to be had, then why victimize the workers who will now be forced to work for regular fare. I say, if the small businesses have an oportunity to make some money while the larger firms cant afford to, then God bless them, where is the consideration for the smaller businesses when the larger firms have their advantages. Stop it, this has nothing to do with Sabbath, every Sabbath, your stores are open, and you dont care about the Sabbath, since when Catholics keep Sabbath, the Sabbath is to be kept holy, catholics can only pay attention when they are at mass, when they leave church, they stop in at the rum shop before they reach home, is that a way to keep the sabbath. Please dont try to fool us, the issue is money for the large companies

    • Cerberus
      April 21, 2011

      Friday is the sabbath for the muslims, saturday for the jews, sunday for the catholics. Which day is it? Are gasoline stations not open? Do airlines shut down? Doesn’t the Pope work on a sunday and the fire brigade stay at home? Provide a jobs for those who need them and let them take another day off. Employ part time students & housewife’s to make a much needed extra dollar. God helps those who help themselves.

    • concerned citizen
      April 21, 2011

      Mcintyre
      May I remind you that the sabbath commandment is the 4th commandment and not the third. Read Exodus 20 all the commandments are listed therein.

  22. huh
    April 20, 2011

    first of ALL TOURISTS HARDLY BUY FROM OUR LOCAL SHOPS, THEY SHOP via the vendors if they do at all, so this makes no sense…
    tell me wat our private sector goin offer them ?
    3 dollar apples ?
    dont forget they got enuf shops on the boat….
    the most they will buy is a dominica tee shirt on the bay front
    which tourist goin go astaphans and by nutting twice the price than wat they gettin back at home ?

    Secondly that good for allu 18-3 means they can do wat they want in the house and we cant say or do nuttin bout it………..

    so go and work on a sunday, hahahahahahahaha

    • Science is King
      April 21, 2011

      Are you aware that people who work weekends usually get paid more than people who work only during the week, unlike you most people don’t mind because sunday is just another day of the week

  23. Butcher
    April 20, 2011

    Look at how this guy is swelling like a cow…

    I couldn’t help notice…

    But on the topic of Interest… I think it is indeed a topic for consideration

    I am listening with an open mind…

  24. Family Guy!
    April 20, 2011

    D minister sounding like they want to remove Sunday as public holiday wi…..Garcon you mad!! tell them business places that want to open on Sunday’s to pay their workers double time is all…once their workers not from Grand bay pay them double time!!! if they are from no need to pay them double time…simple!

    • Soldier
      April 20, 2011

      We all know you hate work like a plague.
      The idea is to have others who are willing to work find work even on weekends.
      Think of all the unemployment and young people getting work on Sundays … people that are actually looking for work that are willing to work on a Sunday.

      No one is asking you to work sir .. far less work on a Sunday.
      It’s for those who want to.

      Get it?

      Swear … people .. stay in school.

      • wesleyman
        April 21, 2011

        You should have also stayed in school, are you talking about unskilled workers? because if you have a store, I am sure you dont want to have a part time sunday person that you have to train who is going to work once a week, and what happens to supervision, are your supervisors going to be people who work one day a week also? think really hard before you start shelling out insults, maybe you can use a course or two yourself

        • Family Guy!
          April 21, 2011

          well said weslyman, he definetly needs a course himself!!!

  25. BABY LOVE
    April 20, 2011

    kids can also finnd employment on the weekend great

  26. BABY LOVE
    April 20, 2011

    I would be a great gesture I think it would bring in more business think of the people who works all week and are only off on saturday and sundays they need to see the ddoctor too

  27. Observer
    April 20, 2011

    Hon. Dr. Colin McIntyre, this situation is very easy to manage. One very easy way is for business owners to employ a whole new set of employees who will be weekend part time workers who can be paid a normal wage, not double time. I do not think it would be necessary to revise the labour laws in this case.

    • Soldier
      April 20, 2011

      I understand what you are saying and you make sense but the current LAW states as long as someone works on a Sunday, it’s double pay. No matter if it’s only Sundays in the week they work.

      • wesleyman
        April 21, 2011

        So let them pay it, why does the government have to protect them from paying people for their inconvenience?

  28. Anonymous
    April 20, 2011

    It is totally not true that EVERY country trades on a Sunday. Have you been to Puerto Rico on a Sunday?
    If workers are to work on a Sunday they should be given at least time and a half for that day. They should also be given another off day in the week,

  29. pedro
    April 20, 2011

    Good idea! Sunday openings are also for busy people too and not just tourists. Not everyone works during ‘regular’ work hours, nor is it always convenient to use these! In DA we get comfortable because we are small..but not long ago it was also acceptable for businesses to close at lunchtime!

    DA may be small, but these are modern times, people! Again, useful changes, should not be tourist-driven, but in this case if thats the fuel it needs for the proposed changes to be more palatable, then great!

    Next: tax breaks for businesses investing in more nightlife! The long stay tourists need that too..but locals will benefit as well.

  30. belbagay
    April 20, 2011

    Is that a good sign that the economy is doing well/good?

  31. Weh
    April 20, 2011

    <<<<<<<<<<<<>>>>>>>>>>>>>>>>

    BIG MISTAKE!!!! This was the only day families could go to church/be together. Now even that we can’t have??????

    • Soldier
      April 20, 2011

      Why would you stop?
      Continue .. not the end of the world and no one is forcing you not to continue what you do on Sundays :) Ok?!?

    • wesleyman
      April 21, 2011

      Simple solution, hire the people who keep the real Sabbath, they will work for regular time.

  32. The truth
    April 20, 2011

    it is about time. every country trades on a sunday. tourists have no care in the world about who is at church they need service and that is what build an economy. people talking about church and then they most devilish inside. open on sundays and lets build our country. plus an extra day to make cash is good for job creation

  33. Lord!
    April 20, 2011

    good
    next they will start selling those church buildings and the diluted creature of the bible are still in hiding

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