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May 08, 2016 News
The United States Government has found that there has been a deficiency in Guyana‘s enforcement of minimum wage legislation.
Although specific data were unavailable, the US State Depart 2015 report on Guyana stipulated that a significant number of workers were employed in the informal economy unorganized workers, particularly women in the informal sector, were often paid less than the minimum wage.
The document, which was released last month, said that based on information from local trade unions and NGOs, the Ministry of Social Protection (new name of former Ministry of Labor) did not adequately enforce occupational safety and health legislation due to insufficient resources.
“In 2013, the latest year for available data, the ministry reported 486 workplace accidents, of which 10 were fatal, including five in manufacturing and three in the bauxite sector.”
“The law also prohibits discrimination with respect to employment and occupation based on race, sex, gender, disability, language, social status, and national origin or citizenship but the government did not effectively enforce the law.” the US report said
However, the document clearly underlined the fact that Guyana’s law does not prohibit discrimination based on sexual orientation or gender identity.
As such the department said that there was “discrimination in employment and occupation with respect to women and to persons based on their sexual orientation or gender identity.”
With respect to wages and salaries, the US noted that for regular working hours of all full-time private sector employees wages are set nationally for hourly, daily, weekly, and monthly workers at no less than $202 (US$1) per hour; $1,616 (US$8) per day; $8,080 (US$40) per week; or $35,000 (US$175) per month.
“The law prohibits compulsory overtime. Overtime work must be paid according to rates set in the law or according to any collective bargaining agreement in force where workers are unionized. The law provides for paid annual holidays and establishes workplace safety and health standards.
But the law also provides that some categories of workers have the right to remove themselves from unsafe work environments without jeopardizing their employment, and authorities effectively protected employees in these situations.
The Ministry of Social Protection is charged with enforcement of labor law and had 10 inspectors as of 2012, the latest year for available data. Labor inspections carried out during the year identified occupational safety and health problems.
Ministry’s follow-up of labor inspection findings varied, and compliance among employers was also inconsistent. Penalties for violations ranged from $15,000 (US$75) to $46,600 (US$230) and generally were not sufficient to deter violations.
The US reported “as of August (2015), 18 employers were charged for unsafe and/or unhealthy workplace practices.”
Additionally, Department said the law provides for the right of association and allows workers to form and join trade unions, bargain collectively, and conduct legal strikes.
“The law bars military and paramilitary members from forming a union or associating with any established union. The law prohibits antiunion discrimination by employers but does not specifically require reinstatement of workers fired for union activity. The labour laws cover all categories of employees, including foreign migrant workers.”
“Arbitration is compulsory for public employees, and such employees engaging in illegal strikes are subject to sanctions or imprisonment. The government occasionally enforced applicable laws but did not do so effectively. Penalties for violation of labor laws were small fines, ranging from $6,000 (US$30) to $46,000 (US$230).”
But the US claims that such penalties were insufficient to deter violations and frequently were not imposed.
“Administrative and judicial proceedings regarding violations often were subject to lengthy delays and appeals.”
The report suggested that some public sector employee unions continued to allege antiunion discrimination by the government, claiming that the government violated worker rights and did not effectively enforce its laws.
“The unions were concerned that employers used hiring practices such as contract labor and temporary workers to avoid hiring workers with bargaining rights.”
The Ministry of Social Protection is required to certify all collective bargaining agreements, and there were no reports it refused to certify any agreements in 2015.
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