The government openly flouts the laws for workers in the traditional public service

Dec 23, 2012 Letters

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Dear Editor,
The issue of contract workers again surfaced for debate in the National Assembly. This issue should not be confined to the question of payment but should be addressed within the context of how it impacts the society and more so the wellbeing of the worker under the laws and consistent with the rights of the individual. The issue of contract workers is a trend in both the public and private sectors that has now become epidemic and poses clear and present danger to working conditions.
Let me make it clear, the average contract worker per se is not the subject of contention. The subject of contention is the practice used by the employer to absolve responsibility, exploit the average worker and use contract employment as a political reward or punishment. A contract employee is required to turn up at stipulated time to start and leave work and in many occasions is occupying jobs that are on the permanent establishment in the respective organization. This means that these workers have to conform to all legal requirements and condition of service that govern the sector they work in.
In the case of the public service it is found that persons are given contracts to perform duties within departments with jobs that have tenured conditions and are being paid gratuity, and not allowed to work and earn a pension commensurate with the established post. Often times these workers operate at the behest of operatives who see an abuse of their authority as a management technique.
The Guyana Trades Union Congress is aware that contracts are issued to workers requiring them to pay their own NIS and taxes (PAYE); and are also told they are not obligated to pay taxes. This is a strategy used by the employer to: 1) not honour its obligation under the NIS law to pay its portion of the workers’ contribution; 2) not to deduct and remit PAYE to GRA; 3) compromise professionalism; 4) coerce workers into unethical and illegal practices; and 5) a Damocles for dismissal should the worker question violation in the contract or poor workplace practices.
In both private and public sectors contract employment is also used as a means to prevent workers from enjoying the right to trade union representation. This practice particularly affects the sector where the representative unions do not carry the PPP’s torch. In the case of the employees who chose to register with the NIS they are placed in a quandary since having them registered as self-employed would be wrong. For under the law these workers are employees and should be so given the protection. Further, should there be an accident during and in the course of employment the worker has no coverage under the NIS Industrial Benefit branch since being an employee and not so registered s/he is not so covered and would be denied.
A government in every modern society has a greater responsibility for being a model employer in its practices which include obeying the employment, GRA and NIS laws, and ensuring the workers’ rights. Yet the nation continues to see a double standard on the part of the government as it openly flouts the laws for workers in the traditional public service even as it upholds the laws for workers in the sector their supporters dominate.
By constitution pension is a right, informed by the principle that the State has primary responsibility to the every citizen, from the womb to the tomb. And in every society pension is deferred wages, because pension comprises a part of every civilised oragnisation’s Wage Bill. When leaders and shapers of society relegate the average worker and citizen to a mentality of subsistence living, instant gratification and subterfuge at the expense of their wellbeing and rights being protected throughout their lives, even when no longer working, as they secure for themselves such right and benefits speaks to the level this country has sunk. Never before has post independent Guyana seen such an attack on workers and citizens coming from both the private and public sectors.
There is a cardinal principle “do unto others as you would like them to do unto you.”  And since the political leaders will not subject themselves to the violations suffered by the average worker, they have a moral responsibility to lead the charge in correcting it. The average contract worker in the private and public sector engages in a contract of service and under this categorisaton s/he must be the recipient of the benefits and security applicable to the job s/he is required to perform.
The President, Ministers of Government, Members of Parliament and employers in the private sector cannot be guaranteed a pension or a nest egg at retirement and other pecuniary benefits during their work life as they exploit (knowingly/unknowingly) and seek to deny such surety to the average worker. This exploitation is legally and morally wrong, and there needs to be a national conversation on this matter with the intent of bringing an end to the violations.
The reality stated in this letter must be given serious attention by the National Assembly, the nation’s highest and representative decision-making forum. Systems must be put in place where our Laws are honoured. There must be clear and unequivocal demarcation and enforcement to ensure the protection of every worker based on duly recognized category of employment, i.e. contract of service versus contract for service and the commensurate benefits that are accrued for the respective job.
Lincoln Lewis

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