Labour Ministry warns employers of violations

Jan 28, 2010 News

The Ministry of Labour is warning errant employers that failure to adhere to the labour laws, including those pertaining to overtime, hours of work and age restriction on employees, could result in prosecution.
Minister of Labour, Manzoor Nadir, in a recent interview with the Government Information Agency (GINA) said that the Ministry was forced to issue notices after instances of noncompliance and violation of labour codes.
He stated that there is an ongoing campaign to ensure that these laws are complied with and those found to be delinquent will be dealt with condignly.
A notice from the Occupational, Safety and Health Department seeks to remind employers of the laws that govern hours of work, overtime and annual leave.
The department specifies that the normal work day is eight hours long except otherwise prescribed by statute, or unless agreed to by employers and employees for less than eight.
In relation to overtime, this constitutes all time worked by employees in excess of the normal hours on any day or week and for work on Sundays and holidays.
The statutory hours of work for employees in the grocery, hotel, restaurant, nightclub, guesthouse and other related establishments are seven and one quarter while workers at sawmills, filling stations, water factories and security firms are required to work eight hours as day.
There is also an eight-hour stipulation for workers in the printing industries, mechanical transport and household services while cinema operators, cashiers, clerical assistants and general staff should enjoy 48 hours per week.
There are special provisions in the labour conditions of employment for the workers in the food and hotel industry which specify they be paid at the rate of one and one half times that of restaurant employees for Sundays and holidays.
The notice added that granting annual leave to all categories of employees in Guyana is provided for by the Leave with Pay Act, No. 6 of 1995. According to Section 7 of the Act, “Any provision in any agreement between an employer and a worker whereby the worker purports to contract himself out of the provision of this Act, or whereby the worker undertakes to receive any less benefit than he is entitled to…shall be of no effect”.
Section 8 of the Act provides for employers to keep records which are prescribed to show that the provisions are being complied with in respect of persons in his/her employ.
The following section of the Act warns that failure to allow workers on leave with pay or to keep records or any other contravention shall attract a fine of not less than $20,000 and not more than $25,000 upon conviction.
For each completed month of employment, every worker is entitled to not less than one day leave with pay and where the person is employed on a half-day basis, the half-day shall be counted as a day.
The Act also prevents employers from issuing leave with pay in periods of less than six consecutive days.

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Labour Ministry warns employers of violations

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