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Guyana - Compensation & Benefit Legislation

CAPITAL

Georgetown

 

CLIMATE

Tropical climate; hot, humid, and moderated by northeast trade winds. Guyana has two rainy seasons (May to mid-August, mid-November to mid-January).

 

LANGUAGES

English, Amerindian dialects, Creole, Hindi, and Urdu.

 

LEGAL SYSTEM

Guyana’s legal system is based on English common law with certain admixtures of Roman-Dutch law. Guyana has not accepted compulsory ICJ jurisdiction.

 

CURRENCY

Guyanese dollar (1 USD 179.600 GYD as of May 1, 2002).

 

GUYANA - COST-OF-LIVING

ERI's Relocation Assessor is a recommended source for cost-of-living data.

 

GUYANA - EMBASSY/CONSULATES

U. S. Embassy at Georgetown

100 Young and Duke Streets

Kingston, Georgetown, Guyana

P.O. Box 10507

Telephone: [592] 225-4900

Fax: [592] 225-8497

http://www.usembguyana.com/

 

Embassy of Guyana at Washington D.C.

2490 Tracy Place N.W.

Washington D.C. 20008

Telephone: (202) 265-6900

Fax: (202) 232-1297

http://www.guyana.org/govt/embassy.html

 

GUYANA - HOLIDAYS

 

GUYANA – LEAVE

Maternity Leave: 13 weeks – 70% of pay (paid by social security).

 

GUYANA - MINIMUM AGE

Legally, no person under age 14 may be employed in any industrial undertaking and no person under age 16 may be employed at night, except under regulated circumstances. The law permits children under age 14 to be employed only in enterprises in which members of the same family are employed.

 

(Section 6.d. Acceptable Conditions of Work, Guyana – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

GUYANA - MINIMUM REMUNERATION

The minimum public sector wage is G$19,000 per month (approximately $104). The legal minimum wage for the public sector is insufficient to provide a decent standard of living for a worker and family.

 

(Section 6.e. Acceptable Conditions of Work, Guyana – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

GUYANA - REMUNERATION

ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.

 

GUYANA - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)

Section 6 Worker Rights

 

a. The Right of Association

 

The Constitution provides for the right of association and specifically enumerates workers' rights to form or belong to trade unions. The Trade Unions Recognition Law, which requires employers to recognize the union chosen by a majority of the workers, came into effect in 1999; however, implementation has been slow. The Trade Unions Recognition Board, created by this act, has not granted recognition to any new unions; it issued recommendations to recertify existing unions that previously had represented workers, but the process was delayed.

 

Approximately 32 percent of the work force is unionized. Most union members work in the public sector and in state-owned enterprises. Organized labor freely associates in the major national federation, the Guyana Trades Union Congress (TUC), which is composed of 22 unions. There is a tradition of close ties between the trade union movement and political parties. Historically, the two major political parties have wielded significant influence over the leadership of several unions, and trade union officials often served in dual roles as party officials. This arrangement occasionally led to overt politicization of labor issues. For example, efforts to negotiate a new contract between the Government and the Guyana Public Service Union (GPSU) have been deadlocked amid allegations of bad faith that have distinct political and racial overtones. The GPSU is largely Afro-Guyanese and the governing PPP is largely Indo-Guyanese.

 

The law provides workers with the right to strike. Strikes may be declared illegal if the union leadership did not approve them, or they did not meet the requirements specified in collective bargaining agreements. Public employees providing essential services may strike if they provide the proper notice to the Ministry of Labor and leave a skeleton staff in place. There is no law prohibiting retaliation against strikers or antiunion discrimination by employers. However, this principle always is included in the terms of resumption after a strike. The Trade Unions Recognition Law defines and places limits on the retaliatory actions employers may take against strikers. Arbitration rulings, when agreed to by the contending parties, are legally enforceable.

 

In May 2000, workers at the Forestry Commission went on strike. They were attempting to obtain recognition of their union, but 10 union branch chiefs were dismissed and have not been paid the severance package due to them.

 

In 1999 following a civil service strike, an arbitration panel awarded government workers an across-the-board 31 percent pay increase for 1999, an additional 26 percent increase in 2000, and step increases. While the Government has paid the annual increases, it has not agreed to implement step increases; pay increases must be negotiated annually. In August 2000, the GPSU proposed a minimum wage increase of 35 percent for the following year and 28 percent for 2002. In July the GPSU accused the Public Service Management (PSM) of delaying the wage increase negotiations, accusations the PSM denied.

 

Unions and their federations freely maintain relations with recognized international trade union and professional groups. All three of the major international trade union federations have affiliates in the country.

 

b. The Right to Organize and Bargain Collectively

 

Public and private sector employees possess and utilize the right to organize and to bargain collectively. The Ministry of Labor certifies all collective bargaining agreements and has never refused to do so. Individual unions directly negotiate collective bargaining status, pursuant to the 1993 repeal of a regulation that required that all collective bargaining be negotiated through the GTUC. Unions are dissatisfied with a provision that grants the Ministry of Finance veto power over wage contracts negotiated by other ministries. The Chief Labor Officer and the staff of the Ministry of Labor provide consultation, enforcement, and conciliation services.

 

There is no law prohibiting antiunion discrimination by employers.

 

There are no export processing zones.

 

c. Prohibition of Forced or Compulsory Labor

 

The Constitution prohibits forced or compulsory labor, and there is no indication that it occurs. The Government prohibits forced or bonded labor by children and generally enforces this prohibition effectively.

 

d. Status of Child Labor Practices and Minimum Age for Employment

 

The Factories Act and the Employment of Young Persons and Children Act set out minimum age requirements for employment of children; however, according to UNICEF, child labor in the informal sector is a problem and it is common to see very young children engaged in street trading in the capital. Legally, no person under age 14 may be employed in any industrial undertaking and no person under age 16 may be employed at night, except under regulated circumstances. The law permits children under age 14 to be employed only in enterprises in which members of the same family are employed.

 

On January 15, the Government ratified the International Labor Organization's Convention 182 on elimination of the worst forms of child labor. While the Ministry of Labor recognizes that child labor exists in the informal sector, it does not employ sufficient inspectors to enforce existing laws effectively. The practice of teenage girls trading sexual favors for money is a problem. The Government prohibits forced or bonded labor by children and generally enforces this prohibition effectively.

 

e. Acceptable Conditions of Work

 

The Labor Act and the Wages Councils Act allow the Labor Minister to set minimum wages for various categories of private employers. However, there is no legislated private sector minimum wage. As a result of the civil service arbitration ruling in 1999, the minimum public sector wage increased to $104 (G$19,000) per month. Although enforcement mechanisms exist, it is difficult to put them into practice, and unorganized workers, particularly women and children in the informal private sector, often are paid less than what is required legally. The legal minimum wage for the public sector is insufficient to provide a decent standard of living for a worker and family.

 

The Shops Act and the Factories Act set hours of employment, which vary by industry and sector. In general work in excess of an 8-hour day or a 44-hour week requires payment of an overtime rate. However, if the initial contract stipulates a 48-hour workweek, then the overtime rate applies only for hours worked in excess of 48 hours. The law does not require at least a 24-hour rest period each week.

 

The Factories Act also establishes workplace safety and health standards. The Ministry of Labor implemented programs in the workplace to promote HIV/AIDS awareness and provide information on related health issues in order to combat discrimination. The Occupational Health and Safety Division of the Ministry of Labor is charged with conducting factory inspections and investigating complaints of substandard workplace conditions. As with its other responsibilities, inadequate resources prevented the Ministry from effectively carrying out this function. Workers cannot remove themselves from dangerous work situations without jeopardizing continued employment.

 

f. Trafficking in Persons

 

There are no laws that specifically prohibit trafficking in persons, and there were occasional reports of trafficking in persons of Chinese and South Asian origin, who would immigrate illegally to the United States under conditions amounting to debt bondage. Persons providing fraudulent documents for the purpose of facilitating illegal immigration can be charged with obtaining money under false pretenses, which carries a small fine and a 6-month prison sentence. Some fraud cases were prosecuted during the year.

 

GUYANA - SOCIAL SECURITY

Social Security Office of International Programs:

 

http://www.ssa.gov/SSA_Home.html

 

GUYANA - STANDARD WORKWEEK

The Shops Act and the Factories Act set hours of employment, which vary by industry and sector. In general work in excess of an 8-hour day or a 44-hour week requires payment of an overtime rate. However, if the initial contract stipulates a 48-hour workweek, then the overtime rate applies only for hours worked in excess of 48 hours. The law does not require at least a 24-hour rest period each week.

 

(Section 6.e. Acceptable Conditions of Work, Guyana – Report of Human Rights Practices, 2001, U.S. Department of State.)