The Employment (Minimum Hourly Wage) Order 2023 (the “Order”), which comes into effect on 1 June 2023, will see the first national minimum hourly wage rate set at $16.40, benefitting all low-income earners. This monumental step ensures employees in Bermuda have the right to a minimum wage. As highlighted in the 2020 Speech from the Throne, this Government is committed to ensuring employees receive a dignified wage.
In December 2022, the Employment (Minimum Wage Entitlement) Act 2022 (the Act) came into force. The Act sets out, among other things, the guidelines for who is entitled to receive a minimum hourly wage and the enforcement provisions regarding adherence to the payment of a minimum hourly wage rate. The Act also gives Labour Inspectors within the Department of Labour the authority to investigate an employee’s complaint of not being paid as per the Order and, resultantly, issue enforcement notices to employers who fail to comply with the Order or this Act.
The Order sets the minimum hourly wage rate at $16.40 and allows a hybrid payment structure for employees who receive commission, gratuities and services charges. These employees will receive a basic/base wage set by their employer, to which service charges, gratuities, and commissions are added to guarantee a minimum hourly wage rate of $16.40. Where an employee’s basic wage plus service charges, gratuities, and commissions do not equal the minimum hourly wage rate of $16.40, their employer must provide the difference.
In anticipation of the Order taking effect on 1 June 2023, the Ministry wishes to advise employers and employees that this is not an opportunity to alter current base wages downward or introduce lower basic/base wages for new employees. Employers found intentionally manipulating employees’ wages to circumvent the Order, corresponding legislation or policies should be reported to the Department of Labour, where the matter will be reviewed and managed following the relevant legislation.
Employers, employees and their representatives who have questions concerning the minimum hourly wage rate should contact the Department of Labour, at 23 Parliament Street, Hamilton, in the old Magistrates’ Court building. The Department of Labour is open from Monday to Friday between 8:45 am and 5:00 pm, and the phone number is 297-7716 or email at sstephens@gov.bm. As a reminder, employment violations may be reported at bermudajobboard.bm/evtl.