Govt failed to adequately enforce labour laws – US State Dept

…points to discrimination against unions

A report compiled by the United States State Department has found that while there were penalties for persons who violate the labour laws, the Government throughout 2019 did not effectively enforce such laws.
This is contained in the Department’s 2019 report on human rights in Guyana. According to the Department, a frequent complaint from unions was that the Government actively discriminated against certain unions.
“The Government did not effectively enforce applicable laws. Penalties for violation of labour laws are small fines the Government frequently did not impose. These penalties were insufficient to deter violations. Administrative and judicial proceedings regarding violations often were subject to lengthy delays and appeals.”
Some Public-Sector employee unions, the report stated, continued to allege anti-union discrimination by the Government, asserting the administration violated workers’ rights and did not effectively enforce the law. The unions, the US State Department said, were concerned that employers used hiring practices, such as contract labour and temporary labour, to avoid hiring workers with bargaining rights.
In expounding on the functions of the Social Protection Ministry, the State Department noted that the Ministry was required to certify all collective bargaining agreements. Individual unions, it explained, directly negotiate collective bargaining status.
“By law, unions must have 40 per cent support of workers, a provision the International Labour Organisation criticised. The Government may declare strikes illegal if the union leadership does not approve them or if the union does not meet the requirements specified in collective bargaining agreements. Public employees providing essential services may strike if they provide a one-month notice to the Department of Public Service and leave a skeleton staff in place.
“The ILO [International Labour Organisation] noted that not all sectors deemed essential by the Government adhered to international definitions, including the services provided by the Transport and Harbours Department and the National Drainage and Irrigation Board. Arbitration is compulsory for public employees, and such employees engaging in illegal strikes are subject to sanctions or imprisonment.”
Government has had a turbulent relationship with a number of unions, including the Guyana Agricultural and General Workers Union (GAWU) and the Guyana Teachers Union (GTU). This relationship has seen the members of both protesting against the Government.
In GAWU’s case, it has complained bitterly about the scant attention the Government has paid to the plight of thousands of sugar workers, who have been dismissed en masse as the Government moved to shut down sugar estates.
The GTU has meanwhile complained of Government not granting requested salary increases. Debunching also proved to be a source of contention between the union and the Government.