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GTUC says TOTALTEC preventing workers from being unionized; company says not against unions.
With every passing day, more foreign and local companies are rushing to be a part of Guyana’s oil and gas industry. Even as Guyana moves to the advent of first oil during the first half of 2020, conflict has come into view. This has reportedly taken the form of a prohibition of workers within the oil and gas sector being unionized.
While it is keen to note that trade unionization plays an important role in the effective communication between workers and their management, some oil services providers in Guyana might not share this view.
TOTALTEC Oilfield Services that was set up here in Guyana to provide offshore services to oil companies is one such company. Its position has, however, been denounced by the Guyana Trades Union Congress (GTUC). In the view of the Union body this development represents “a negative disposition on the part of a foreign firm.”
During a press briefing hosted on Wednesday, GTUC General Secretary, Mr. Lincoln Lewis, revealed that TOTALTEC illegally fired a Guyanese who was employed by them after he refused to sign an employment contract which prohibits trade union membership.
In TOTALTEC’s employment contract, it is stated that, “The employee may not without the prior written consent of the company engage, whether directly or indirectly, in any business or employment or association including union membership which is similar or in any way connected to, or competitive, with the business of the company or which could or might reasonably be considered by the company to impair the employee’s ability to act at all times in the best interest of the company during or outside the employee’s hours of work for the company.”
But Article 147 of the Constitution of Guyana explicitly lays out that, “except in the case of the employee’s own consent, no person shall be hindered …to form or belong to political parties or to form or belong to trade unions or other associations for the protection of his interests.”
Bearing Article 147 in mind, Lewis said that TOTALTEC by virtue of its action has committed an illegal act against the Constitution of Guyana by disallowing its employees from exerting their rights.
He stated too that “I emphasize that this is a constitutional matter and we are asking the Private Sector Commission to make a pronouncement of the right of workers to join unions of their choice.”
When questioned as to whether any contact was made to representatives of TOTALTEC to enlighten them of the breach, the General Secretary revealed that that was done on September 12, 2019. “I showed them the Constitution; I gave them the law… They know of my intention to prosecute the matter,” he replied.
Lewis claimed that the TOTALTEC representatives, he spoke to, should have kept in touch with him on the matter, but noted that promise was not upheld.
In light of the issue, the General Secretary is calling for both the government and the opposition to present “unqualified statements” on the matter, adding that the union “will hold the feet of the political leaders to the fire on this matter.”
“Let all of them tell the people of this country what their clear and unadulterated positions are on the workers of this country benefitting from the Constitution of this country,” the General Secretary added.
Meanwhile, Chief Executive Officer (CEO) of TOTALTEC, Mr. Lars Mangal, in an invited comment said that his employees, most of whom are on scholarships, are advised not to join trade unions since he views it as being irrelevant.
“We’re not against that [the unionization], it’s really, we are investing in people, more than other industries. They work freely, they are accordingly employed. We are doing a lot more collectively from what they benefit from in the trade unions.”
Even as Mangal reiterated that he is open to unionization of workers, he admitted that “it is something that has worked to different degrees. It has allowed the industry to evolve. There is nothing wrong with being a part of a union, but they just function differently.”
In regards to the employee that was fired because of refusing to sign the employment contract, Mangal said that it would likely be the “poor performance and work ethic of that employee that would have likely led to his/her termination.”
The CEO in commenting on the state of affairs made an appeal for the local trade unions to embrace the work that TOTALTEC has done for the “new, young, dynamic work force and their contributions to Guyana.”
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