Latest update November 5th, 2024 1:00 AM
Labour Inspectors can conduct inspections but not initiate sanctions – US Dept. report
Kaieteur News – The US State Department’s 2020 Country Report on Human Rights Practices in Guyana has highlighted that while labour inspectors have the authority to make unannounced inspections, there is no authority to initiate sanctions when there is a discovery of a defaulter.
Scoping into the country’s “acceptable conditions of work,” the report noted that the Ministry of Human Services and Social Security is charged with enforcement of the labour law, but the number of inspectors was insufficient for effective enforcement. It must be noted that Guyana now has a Labour Ministry to execute that mandate, but before August 2020, it was the responsibility of the Human Services Ministry. Also, Guyana’s ‘Labour inspectors’ are formally referred to as labour officers.
Section 34 of the Labour Act outlines that, “Any officer of the Labour Department designated for the purposes of this section by the Minister (in this section referred to as a designated officer) is empowered and authorised—(a) whenever he has reasonable cause to believe that labour is employed in any premises, to enter, inspect and examine such premises and every part thereof at any hour of the day or night whether by day or by night, and to obtain and to require from any employer information as to the wages, hours and conditions of work of those so employed.”
Additionally, it notes that a labour officer can take with him a member of the police force if he has reasonable cause to apprehend any serious obstruction in the execution of his duty and execute any examination, test or enquiry which he may consider necessary to satisfy himself that the provisions of any law relating to the employment of persons are being strictly observed.
Minister of Labour, Joseph Hamilton, would have recently revealed that labour law defaulters are usually dealt with in the Magistrate’s Court and also admitted that the current fines for breaching labour legislation are “useless.” However, he did note that he is adamant to implement substantial fines. This will be done in the new labour legislation that is currently in the drafting process, he had said.
Hamilton had said that in the case of persons being taken to court for a breach and they are given an order by a judge, which they fail to adhere to, he is currently seeking guidance on whether labour officers can return them to the court and have an order of contempt filed against them, since labour officers cannot impose sanctions themselves. That will be custodial sentencing for flouting the court order. Custodial sentencing is a judicial sentence that imposes punishments, including mandatory custody of the convicted person; meanwhile, non-custodial sentencing sees discharges, fines and community orders.
The report also outlined that,” Labour inspections carried out during the year targeted all sectors, including agriculture, mining, and construction. Ministry follow-up of labour inspection findings varied, and compliance among employers was also inconsistent.”
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