Antigua and Barbuda Workers’ Union President Kem Riley has accused some employers of improperly classifying employees as independent contractors to avoid meeting their legal obligations to workers.

Speaking at the ABWU’s 59th Annual Delegates Conference, Riley said the practice was contributing to employment insecurity as businesses adopted temporary contracts and other nontraditional working arrangements.

He noted that the Antigua and Barbuda Labour Code was amended in 2019 to address the employment of temporary workers. Despite that change, he said, some employees continue to receive temporary contracts.

Other workers are being hired under what Riley described as the “guise” of independent contractor arrangements, potentially denying them protections and benefits ordinarily available to employees.

“A worker does not become an independent contractor simply because someone writes those words on a piece of paper,” Riley said.

The legal distinction generally depends on the true nature of the working relationship, including the degree of control exercised over the worker—not simply the title used in a contract.

Riley acknowledged that flexible working arrangements have a place in the labour market but questioned whether some arrangements were benefiting employees or merely creating instability.

“Are we creating flexibility for workers, or are we creating insecurity and instability for workers?” he asked. “There is a difference.”

He said workers deserve reasonable job security, fair compensation, dignity and protection under the law. The union would remain vigilant and oppose arrangements designed to avoid legitimate employment responsibilities by changing the label attached to a worker.

Riley also pledged that the ABWU would continue defending employees against unfair dismissal, victimisation, discrimination, unjustified suspension and unfair redundancy practices.

He acknowledged that employers have legitimate interests and employees have workplace responsibilities. However, he said investigations must be genuine, affected workers must be allowed to respond, and disciplinary measures must be fair and proportionate.

“We are not asking for workers to be above accountability,” Riley said. “We are asking for accountability to be fair, consistent and just.”

This article was originally published by Antigua News Room. Read the original article here: ABWU Warns Employers Are Disguising Workers as Independent Contractors.