Security firms warned of prosecution for labour laws violation

The Labour Ministry is warning security firms to comply with the laws of Guyana.
On Wednesday, the Ministry in a statement said that it was in receipt of numerous complaints filed against security firms across Guyana.

This has led the Ministry to remind the companies of the rights and entitlements of security guards, whether or not they are nationals of Guyana. The Ministry said that Section 3 of the Leave with Pay Act Cap 99:02 and Section 12 of the Labour Act Cap 98:01 are the most prominently violated legislation in the security sector.
Section 3 of the Leave with Pay Act Cap 99:02 states, the Ministry noted, that every worker is entitled to leave and further elucidates how leave is to be computed. “Section 4 of the said Act mandates that no employer shall require a worker to take his/her leave with pay in a period less than six consecutive days; provided that any of the days which are Sundays or Public Holidays shall not be computed as leave with pay. Additionally, the rate at which leave is calculated is at an employee’s current daily wage, Section 5(1),” the Ministry said.
The Labour Ministry added that any provision in any agreement between an employer and a worker, whereby the worker purports to contract himself at variance with the provisions of the Leave with Pay Act, or whereby the worker undertakes to receive any less benefit than he/she is entitled to under the said Act shall be of no effect.
Additionally, the Ministry pointed out that Section 12 of the Labour Act Cap 98:01 provides that an employer shall pay wages either agreed between employer and employee or prescribed by law. The prescribed wages for security guards as set out in the National Minimum Wage Order No. 15 of 2016 is $255 per hour. The Order also stipulates that the set hours of work are 40 hours which shall not exceed five days per week and any hours of work beyond the normal period shall attract overtime rate.

Cease and desist
The Ministry also warned security company owners to cease and desist immediately the practice of engaging in the act of part payment of wages at the end of the pay period after the workers would have worked the full period. Such actions of employers contravening Guyana’s labour laws are condemned by the Ministry.
Additionally, the Ministry warned that it would prosecute offenders to the full extent of the law upon receipt of any formal complaint.
Entities not in compliance, the Labour Ministry said, should take active and immediate steps to conform with the various legislation governing employment relations, failing which it would be forced to publish the names of companies in default, along with all directors or the names of the businesses and their proprietors.