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Review and Analysis of Compliance of the National Labour Legislation of Guyana with CARICOM Model Labour Laws

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REVIEW AND ANALYSIS OF COMPLIANCE OF THE NATIONAL LABOUR LEGISLATION OF

GUYANA WITH CARICOM MODEL LABOUR LEGISLATION

May, 2007

By: Clive Pegus Table of Contents Table of Contents................................................................................................................ 1 I. Introduction................................................................................................................. 3

Legal status of CARICOM Model Law and ILO Conventions in Guyana..................... 4 Legal Obligations of Guyana .......................................................................................... 5 Applicable Legislation of Guyana .................................................................................. 6

II. Termination of Employment....................................................................................... 7 Scope of Application....................................................................................................... 7 Continuity of employment .............................................................................................. 8 Protection of employment............................................................................................... 8 Termination of employment ........................................................................................... 9 Summary dismissal ......................................................................................................... 9 Discipline ........................................................................................................................ 9 Burden of proof............................................................................................................. 10 Remedies....................................................................................................................... 10 Redundancy and Severance Pay ................................................................................... 10 Winding up.................................................................................................................... 11

III. Registration, Status and Recognition of Trade Unions and Employers’ Organizations .................................................................................................................... 12

Registration and Status ................................................................................................. 14 Collective Agreement ................................................................................................... 17

IV. Equality of Opportunity and Treatment in Employment and Occupation............ 18 Objectives ......................................................................................................................... 18

Status of ILO Conventions............................................................................................ 18 Principles....................................................................................................................... 18 Scope of application...................................................................................................... 19 Prohibited ground of discrimination ............................................................................. 19 Protection against discrimination in employment......................................................... 19 Protection against Discrimination by Other Bodies...................................................... 20 Promotion of Equal Remuneration ............................................................................... 21

The Guyana legislation imposes an obligation on employers to pay equal remuneration for work of equal value for such employer. The burden of establishing that equal remuneration has been paid rests on the employer. .......................................................... 21 V. Occupational Safety and Health and the Working Environment.............................. 22

Content of CARICOM Model Labour Law.................................................................. 22 Scope of Application..................................................................................................... 22


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Definition ...................................................................................................................... 22 Registration of Industrial Establishments and Mines ................................................... 23 Administration .............................................................................................................. 23 General Occupational Safety and Health Requirements............................................... 23 Duties of employer, workers and other persons............................................................ 24 Duties of Workers ......................................................................................................... 26 Duties of Occupier ........................................................................................................ 27 Hazardous Chemicals, Physical Agents and Biological Agents................................... 27 OSH Committees .......................................................................................................... 28 Notification of accidents and occupational diseases..................................................... 28 Notices .......................................................................................................................... 28 Enforcement.................................................................................................................. 29

VI. Recommendations................................................................................................. 30 Termination of Employment......................................................................................... 30 Registration, Status and Recognition of Trade Unions and Employers’ Organizations30 Equality of Opportunity and Treatment in Employment and Occupation.................... 31 Occupational Safety and Health and the Working Environment.................................. 31


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I. Introduction This study undertakes a detailed audit and assessment of the extent to which existing national legislation of Guyana complies with the CARICOM model labour harmonization legislation in the areas of:

• Termination of employment; • Registration, status and recognition of trade unions and employers’

organizations; • Equality of opportunity and non-discrimination in employment; and • Occupational safety and health and the working environment.

These model laws, which were adopted by the CARICOM Standing Committee of Ministers responsible for Labour in 1995 and 1997 for implementation by Member States, are based on the core labour standards of the ILO and seek to mirror relevant ILO Conventions, namely:

• Termination of Employment Convention, 1982 (No. 158); • Freedom of Association Convention, 1948 (No. 87); • Right to Organise and Collective Bargaining Convention, 1949 (No. 98); • Equal Remuneration Convention, 1951 (No. 100); • Discrimination (Employment and Occupation) Convention, 1958 (No. 111); • Occupational Safety and Health Convention, 1981 (No. 155).

In fact, among the stated objectives of the first three named CARICOM Model Labour Laws is to give effect to the related ILO Conventions. The other CARICOM Model Labour Law appears compatible with the standards established in core ILO Occupational Safety and Health (OSH) Conventions and Recommendations. It should be noted however that the ILO has adopted several OSH instruments since the approval of the CARICOM OSH Model Law. In particular, the ILO adopted in 2002 a Protocol to Convention No. 155 to regulate further the recording and notification of occupational accidents and diseases, which should be considered by all CARICOM Member States in their efforts to implement the CARICOM Model Labour Laws.

While the primary focus of the study is concerned with compliance of Guyana with the CARICOM model labour laws, comparisons are made with the applicable ILO Conventions. This approach has practical value in the light of Guyana’s obligation under international law and ILO jurisprudence to comply with treaties that it has ratified and with core international labour standards and to submit periodic reports on such compliance to the Committee of Experts on the Application of Conventions and Recommendations. In fact, Guyana’s obligation to comply with ratified ILO Conventions and core fundamental labour standards has greater legal force within Guyana than that of its obligation with respect to the model legislation.


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This study is based essentially on legislative compliance. Its remit does not include other sources of law such as the common law or case law. It also does not focus on what may be accepted and practised as good industrial relations principles within Guyana. The intention is to ensure that the legislation in Guyana becomes fully compliant with the CARICOM model legislation and its ILO obligations. While this assessment seeks to address the salient provisions of the CARICOM Model Labour Laws and related ILO Conventions and in particular gaps and inconsistencies in the legislation of Guyana, it does not address every single provision. Consequently, absence of comment on any particular provision of the CARICOM Model Labour Laws should not be construed as an acknowledgement of compliance by Guyana.

Recommendations are made regarding amendments required to address gaps and inconsistencies in Guyana’s legislation with a view to achieving compliance with the CARICOM model laws and applicable ILO Conventions. It must be noted that these recommendations emanate from a purely technical assessment of the legislation against the benchmark of the CARICOM model legislation and relevant ILO Conventions. It is recognised that the soundness and practicability of the proposed amendments are matters to be determined the Government of Guyana through the consultative process with the social partners in the labour movement and the employers’ federation. The final determination of the practical value and soundness of the recommendations must be that of the people of Guyana in general and the social partners in particular. It is therefore anticipated that the findings and recommendations of the study will be subject to review by the social partners of Guyana.

Legal status of CARICOM Model Law and ILO Conventions in Guyana The CARICOM Model Labour Laws were adopted by the CARICOM Ministers of Labour for implementation by Member States. While Members States are expected to implement the model laws as an important requirement of the CARICOM Single Market and Economy, there is no legal obligation to ensure compliance; they are precatory and non-binding; and non-compliance does not invite any sanctions. The non-binding nature of the CARICOM Model Law contrasts with the binding nature of a ratified ILO Convention. One fundamental principle of international law is that treaties are binding upon the parties to them and must be performed in good faith. This rule known as pacta sunt servanda is one of the oldest principle of international law now re-affirmed in Article 26 of the Vienna Convention on the Law of Treaties. Moreover, Article 27 of the Vienna Convention on the Law of Treaties prevents a party from invoking the provisions of its domestic law as justification for its failure to perform an obligation under the treaty. It should be noted also that the International Labour Conference at its Eighty-eight Session declared that all Members of the ILO, which includes Guyana, have an obligation, arising from the very fact of membership in the Organization, to respect, to promote


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and to realize, in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are subject to those Conventions, namely:

(a) freedom of association and the effective recognition of the right to collective bargaining;

(b) the elimination of all forms of forced and compulsory labour; (c) the effective abolition of child labour; and (d) the elimination of discrimination in respect of employment and occupation.

Thus, it is important from an international law perspective for the domestic law of Guyana to be consistent with its international legal obligations. The question arises as to how a treaty or convention ratified by Guyana becomes domestic law within the jurisdiction of Guyana. Guyana has a dualist and not a monist legal tradition. In a dualist legal system, unlike a monist system, treaties when ratified are not automatically incorporated into the domestic law of the ratifying State. The process of incorporation of the provisions of an international treaty, where not consistent with or not a part of existing domestic law, requires the enactment of legislation. The process of legislation in Guyana, as is the case of all Parliamentary systems of democracy, is a time-consuming and cumbersome process. Guyana may wish therefore to consider the adoption of the good practice of Belize, which provides through its International Labour Organization Conventions Act, Chapter 304:011 for the automatic incorporation in domestic law of ILO Conventions ratified by Belize, regardless of any conflicting law. In fact, where the ratified ILO Convention conflicts with an existing law in Belize, the provision of the ILO Convention prevails. This procedure is an efficient method of incorporating a ratified treaty into domestic law. Of course, the automatic incorporation is subject to democratic and Parliamentary safeguards in that the treaty is laid before Parliament subject to negative resolution procedure. Parliament must have a say as to whether the treaty should be ratified in the first place. For the system of automatic incorporation of a treaty to be effective within the democratic framework, the ratification process must not be seen as an exclusive executive act. It must be subject to Parliamentary scrutiny. Legal Obligations of Guyana Guyana therefore has a legal obligation under international law and ILO jurisdiction to comply with the following ILO Conventions that it has ratified or acceded to and that are subject of this study:

• Freedom of Association Convention, 1948 (No. 87); • Right to Organise and Collective Bargaining Convention, 1949 (No. 98); • Equal Remuneration Convention, 1951 (No. 100); • Discrimination (Employment and Occupation) Convention, 1958 (No. 111);

1 www.belizelaw.org


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It should be noted that Guyana has not ratified the Termination of Employment Convention, 1982 (No. 158) and among the 18 core Occupational Safety and Health (OSH) Conventions has only ratified the Underground Work (Women) Convention, 1935 (No. 45), Radiation Protection Convention, 1960 (No. 115), Benzene Convention, 1971 (No. 136) and Occupational Cancer Convention, 1974 (No. 139) to date. An identification of the gaps and inconsistencies between the Guyana legislation and these conventions has the practical value of demonstrating what needs to be done to facilitate ratification by the Government of Guyana. Applicable Legislation of Guyana The statutes of Guyana which seek to incorporate provisions relevant to the CARICOM Model Laws and the applicable ILO Conventions are:

Termination of Employment & Severance Pay Act No. 19 of 1997 Trade Union Recognition Act. No. 33 of 1997 Occupational Safety and Health Act No. 32 of 1997 Prevention of Discrimination Act No. 26 of 1997 Equal Rights Act No.19 of 1990.


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II. Termination of Employment

The stated objectives of the model legislation on termination of employment are: (a) to give effect to the provisions of the ILO Convention concerning

Termination of Employment, 1981 (No. 158); (b) to confer upon employees the right to continuity of employment and

protection against unfair dismissals; and (c) to establish procedures for employers to follow to terminate an employment

relationship in a fair and equitable manner.

It should be noted that Guyana has not ratified the ILO Convention No. 158. Scope of Application The provisions of Part 11 of the model legislation (contracts of employment) applies to all contracts of employment with certain categories of exemption listed in section 10 (fixed term or fixed task contracts of less than six weeks, employee of a family member and employees with collective agreements). ILO’s Convention 158 applies to all branches of economic activities and to all employed persons except fixed term or specific task workers, workers during their probationary period and workers engaged on a casual basis for short terms. The Convention also provides for Governments after consultation with workers’ and employers’ representative organizations to exclude categories of workers whose terms and conditions are governed by special arrangements, which facilitate protection equivalent to the Convention. Guyana Termination of Employment and Severance Pay Act, 1997 is applicable to any contract whether express or implied, written or oral, except for contracts of less than six weeks, contracts by employer to employ a family member and those regulated by a collective agreement. It has provisions relating to notice of termination, probationary period, and contents of contract. A contract without reference to limit of time may be terminated by either party, subject to provisions relating to unfair dismissal and notice of termination. Where a person is employed in a temporary capacity for a period of over two years in a permanent post such a person will be deemed to be employed for an unspecified period of time. The normal probationary period shall be for three months in accordance with the CARICOM Model Legislation. There is however no statutory requirement on an employer to prepare and deliver to every person employed a written contract of employment within fourteen days of that person’s assumption of duty.


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Continuity of employment Guyana Termination of Employment and Severance Pay Act, Chapter 99:08 in section 4 makes provision for continuity of employment, in a manner similar to the Model Legislation. The Act also provides that leave on grounds of disability should not interrupt an employee’s continuous service. Section 4(1) provides that continuous employment shall begin from and include the first day on which an employee begins to work for an employee and shall continue up to and include the date of termination of employment of such employee. Section 4(2) states that an employee’s continuous employment shall not be treated as interrupted if the employee is absent from work –

(a) due to taking annual leave, maternity leave or sick leave or any other leave in accordance with national law or contract or agreement or disability; (b) due to his or her suspension, with or without pay, in accordance with the provisions of national law or any other contract or agreement; (c) due to the termination of his or her employment prior to being reinstated or re-engaged in accordance with this Act or national law or reinstatement or re-engagement takes place or is made effective within 6 months of the date of termination; (d) due to having been temporarily laid-off by the employer; (e) due to an inability to work on account of an occupational disease or accident; (f) in accordance with the agreement of his or her employer.

In addition section 4(5) provides that any period during which an employee is absent from work because of his or her participation in a lawful strike shall not interrupt the continuity of employment, but shall not count for the purposes of calculating length of continuous employment. Section 4 (6) imposes a duty on an employer to keep accurate records of an employee’s employment. The Guyana legislation does not specifically state that acceptance of severance by an employee shall terminate the continuous period of employment. Protection of employment Guyana’s Termination of Employment and Severance Pay Act complies fully with the CARICOM Model Labour with respect to protection of employment and specifies in section 8 that the following reasons do not constitute good and sufficient cause for dismissal or discipline –

(a) an employee race, sex, religion, colour, ethnic origin, national extraction, social origin, political opinion, family responsibility or marital status.

(b) An employee’s age subject to retirement age in law or collective agreement or contract;

(c) Pregnancy or reason connected with pregnancy; (d) absence from work because of sickness or injury certified by medical

doctor;


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(e) absence from work due to compulsory military service or other civic obligation in accordance with any law;

(f) an employee’s participation in industrial action in conformity with the law; (g) an employee’s refusal to do work normally done by a worker on industrial

action in conformity with the law. (h) filing of a complaint or participation in proceedings against employer

involving alleged violation of any rule or law . Termination of employment Section 7 specifies the conditions in which a contract for an unspecified period may be terminated. It states that a contract of employment for an unspecified period may at any time be terminated –

(a) by mutual consent; (b) on grounds of redundancy; (c) by either party –

(i) for good and sufficient cause; (ii) by notice given and served upon the other party.

Section 9 gives an employer the discretion to dismiss an employee during probationary period for any reason and without notice. Section 11 provides for the termination of employment for a repeat offence within six months of the issuance of a warning letter. It also provides the procedure for the termination of employment for unsatisfactory performance. In this regard, the employer cannot terminate the employment of the employee unless he/she issues a warning letter and provide appropriate instructions to correct the unsatisfactory performance. An employer can also terminate the employment of an employee on grounds of redundancy. Summary dismissal Section 10(1) grants to an employer the right to dismiss without notice or payment or terminal benefits an employee guilty of serious misconduct. Section 10 (2) specifies that the serious misconduct is restricted to that conduct which is directly related to the employment relationship and has a detrimental effect on the employer’s business. In addition, as stated above, an employer can dismiss a worker summarily during his/her probationary period. Discipline Section 18 provides the grounds and procedures under which an employer may take disciplinary action against an employee. The employer may take disciplinary action when it is reasonable to do so under the circumstances. In deciding what is reasonable, the employer must consider the nature of the violation, the employee’s duties, the nature of any damage incurred, the previous conduct and circumstances of the employee.


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Burden of proof There is no provision in the Termination of Employment and Severance Pay Act relating to the burden of proof regarding the dismissal of a worker. Remedies Section 20 provides for remedies for unfair dismissal or disciplinary action. The High Court may award compensation deemed just and equitable having regard to the loss attributable to the action taken by the employer and the extent to which the employee caused or contributed to dismissal or discipline. Section 20 (3) states that the High Court may, if it deems fit, award any other just remedy in addition to or in lieu of the award. It should be noted here that there is no explicit reference to reinstatement or re-engagement or the basis on which compensation will be calculated. Section 21 provides for severance or redundancy payments on the basis of (a) one week for each completed year of service up to five years (b) two weeks from 5 to ten years and (c) three weeks after 10 up to maximum of 52 weeks. These provisions are in conformity with the CARICOM Model Labour Law. Redundancy and Severance Pay An employer may terminate the employment of an employee due to redundancy. Section 12(2) provides that redundancy may arise as a direct result of :

(a) modernisation, automation, mechanisation of all or part business; (b) discontinuance of all or part business; (c) sale or other disposition of all or part business; (d) reorganisation of business to improve efficiency; (e) impossibility or impracticability to carry on business at usual rate due to: (i)

shortage of materials (ii) breakdown of equipment (iii) a force majeure (iv) Act of God

(f) reduced operations due to economic conditions, including a lack or change in market, contraction in the volume of work or sales, reduced demand or surplus of inventory.

The employer is required to provide information and have consultation with the recognised trade union prior to the execution of any redundancy programme. Prior to termination, the employer shall – (a) inform union (if none employee) and Chief Labour Officer of (i) existence of circumstances in 12.2 (ii)reasons for contemplated termination (iii) number and categories of persons likely to be affected (iv) period over which termination likely to be carried out; (v) other relevant matters. The employer shall also consult within one month with the recognised union on possible measures to avert or mitigate adverse effects of the proposed redundancy. These provisions are in conformity with CARICOM Model Labour Law.


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Winding up There is no provision in the Termination and Severance Pay Act on the effect of insolvency or winding-up on the rights of workers and whether workers’ wages and other payments are given any priority over all other creditors.


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III. Registration, Status and Recognition of Trade Unions and Employers’ Organizations

Introduction The stated objectives of CARICOM Harmonization Act Regarding Registration, Status and Recognition of Trade Unions and Employers’ Organisations (referred to in this section as “CARICOM Model Labour Law”) are:

to give effect to the provisions of National Constitutions on freedom of association, the ILO Conventions on Freedom of Association, No. 87 (1948) and on the Right to Organise and to Collective Bargaining, No. 98 (1949);

to establish procedures for the registration and status of trade unions and employers’ organisations;

to promote and protect the recognition of trade unions; and to encourage orderly and effective collective bargaining.

Unlike the ILO Convention on Termination of Employment, No. 158 (1981), all CARICOM Member States have ratified the ILO Conventions on Freedom of Association, No. 87 (1948) and on the Right to Organise and to Collective Bargaining, No. 98(1949). In addition, the principles and standards inherent in ILO Conventions No. 87 and 98 are fundamental principles of international labour law, which all ILO Members, even if they have not ratified the Conventions in question, have an obligation, arising from the very fact of membership in the ILO, to respect, to promote and to realise in good faith2. Guyana has a modern trade union and employers’ organisations (registration, recognition and status) legislative framework that seems to have guided by the requirements of the CARICOM Model Legislation. The Guyana Trade Union Recognition Act Chapter 98:07 was enacted in 1997, taking account of the CARICOM Model Legislation. Scope of application The Guyana Trade Union Recognition Act applies to all employees except a member of the disciplined forces as defined in Article 154 of the Constitution or an apprentice3. Section 154 of the Constitution defines disciplines forces to include (a) any group of persons functioning whether wholly or partially as a naval, military, para-military or air force (b) a police force (c) a prison service or (d) a fire service. There is no statutory right of association for the excluded disciplined forces. To the extent that the Act denies any right of association to the police, fire and prison services, it is inconsistent with both the CARICOM Model Legislation and the ILO Convention on Freedom of Association.

2 ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, Paragraph 2 3 Guyana Trade Union Recognition Act section 2 (2)


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Freedom of Association Basic employee rights Section 26 (1) of the Trade Union Recognition Act, 1997 provides for the basic rights of employees with respect to trade union activities in accord with the CARICOM Model Labour Law. It protects workers from dismissal or any other adverse condition by reason of the circumstances that the worker –

(a) is an officer, delegate or member of a trade union; (b) has appeared as a witness or has given any evidence in proceedings under

this Act; or (c) has for reasonable cause absented himself from work without leave after he

has made an application for leave for the purpose of carrying out his duties under the Act as an officer or delegate of a trade union and such leave has been unreasonably refused or withheld.

Freedom of association protection for employees Section 26(2) provides for the freedom of association protection for employees, in accord with the CARICOM Model Labour Law. It prohibits an employer from –

(a) making the employment of a worker subject to the condition that he shall or shall not be a member of a trade union or shall relinquish his membership of a trade union;

(b) dismissing a worker, or adversely affecting his employment, or altering his position to his prejudice by reason of his participation in the activities of a trade union outside his working hours;

(c) with intent to dissuade or prevent a worker from becoming such officer, delegate or member, or from so appearing or giving evidence, threatening to dismiss him, or to affect his employment adversely or to alter his position to his prejudice by reason of the circumstances that the worker is or proposes to become an officer, delegate or member of trade union, or that worker proposes to appear as a witness or to give evidence in any proceeding under the Act.

The right of an individual to form or belong to trade unions is also protected in the Constitution of Guyana in section 147. The Trade Union Recognition Act, 1997 does not make provision for circumstances where the employer promises the worker any benefit or advantage for not exercising any of the basic rights of the worker. Protection of trade union from employer interference There is no express provision in the labour laws, which prohibits the employer from promoting the establishment of an employees’ organisation under the domination of an employer or employers’ organisation by financial or other means.


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Basic employer rights There is no express provision in the labour laws of Guyana that seek to provide for the basic employer rights enshrined in the CARICOM Model Legislation. Federation There is no express provision in the labour laws of Guyana concerning the right of a trade union to participate or be affiliated or contribute or to join any national or international federation of trade unions or employers’ organisations. The absence of such a provision does not to mean that there is a prohibition against membership in international federations. Registration and Status Registrars There is no statutory requirement for the competent authority to consult representatives of trade unions and employers’ organisation in the appointment of the Registrar. Registration Section 12 of the Trade Unions Act Chap. 98:03 provides for the compulsory registration of trade unions. Section 15 provides that at least seven members may apply for registration. The constitution of the trade union must make provision for

a) The name of the trade union and place of meeting. b) The whole of the objects for which the trade union is to be established, the

purpose for which its funds shall be applicable and the conditions under which any member may become entitled to any benefit assured thereby and the fines and forfeitures to be imposed on any member of the trade union.

c) The manner of making, altering, amending and rescinding rules. d) A provision for the appointment and removal of a general committee of

management, of a trustee, treasurer and other officers. e) A provision for the keeping of full and accurate accounts f) A provision for the investment of funds and for an annual or periodical audit

of accounts. g) The inspection of the books and names of members of the trade union by

every person with an interest in its funds. h) The manner of dissolution.

Annual return Section 35 of the Trade Unions Act requires all trade unions to submit to the Registrar an annual return by 1st May with a full and accurate statement of accounts.


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Legal status Trade unions and employers’ organisations in Guyana are not considered to be bodies corporate. They are still required to acquire, hold and dispose of property, sue and be sued in the name of the trustees4. Amalgamation Section 31 provides for amalgamation of trade unions with or without any dissolution or division of their funds but no amalgamation shall prejudice any right of a creditor of either or any of the trade unions involved. Safeguard for Members of Organisations The provisions of Guyana labour law relating to the safeguard of members of organisations as recognised in the CARICOM Model Legislation are guaranteed by legislative provisions relating to proper accounting for funds received. In addition, the regulations under the Trade Union Recognition Act deal with provisions relating to improper election practices. Recognition of Bargaining Rights Tripartite Body for Certification Section 5 of the Trade Union Recognition Act, 1997 provides for a tripartite body for the determination of claims by trade unions for recognition as exclusive bargaining agents. Application procedures Section 18 provides for the procedures for applying for trade union recognition. The trade union applying for certification as the recognised majority union must apply to the Trade Union Recognition and Certification Board to be so certified. The application shall describe the proposed bargaining unit and the claimant trade union must serve a copy of the application on the employer and the Minister of Labour. The timeframe within which the Board is required to determine the application is shorter than that provided for in the CARICOM Model Legislation. The Board has to determine the application within two months as against six months stated in the CARICOM Model Legislation. Section 29 provides for limitation on application for certification. As a general principle, no application for certification of recognition may be considered where there is a recognised majority union for the same bargaining unit described in the application and the application is made within two years of such certification. A union may seek leave for making an application within the two-year limitation if it could satisfy the Board that good reasons exist, including that it has the support of more than fifty per cent of the workers comprised in the bargaining unit.

4 Guyana Trade Unions Act, 1942 as amended sections 17 & 20.


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Appropriateness of bargaining unit The provision of the CARICOM Model Legislation regarding the appropriateness of the bargaining unit is adequately covered in Guyana Trade Union Recognition Act, 1997. Section 19 provides that the Board in determining the bargaining unit have regard to -

(a) the community of interest among the employees in the proposed bargaining unit, including work location, working hours, work arrangements and payment systems;

(b) the nature and scope of the duties of the employees in the proposed unit; (c) the organisational structure of the employer’s undertaking and views of the

employer and the trade unions concerned as to the appropriateness of the bargaining unit;

(d) the historical development, if any, of collective bargaining in the employer's undertaking; and

(e) any other matter which the Board considers to be relevant to good industrial relations. .

Determination of recognised union The procedure depends upon whether one or more trade union has applied for recognition. Where only one union has applied, the Board has to carry out a membership survey to determine the extent of support which the union enjoys on the date of the application among the workers comprised in the appropriate bargaining unit. Where it appears to the Board from the results of the survey that the union is supported on the date of the application by at least forty per cent (as against no less than 50% provided for in the CARICOM Model Legislation) of the workers comprised in the appropriate bargaining unit, the Board shall certify the union as the recognised majority union for that unit. Where two or more trade unions have applied in relation to the same bargaining unit, the Board has to refer the application to the most representative organisation of trade unions to give that organisation an opportunity to resolve the claims among the unions and to report thereon to the Board within a period no longer than twenty-eight days. The Board shall take due cognisance of the advice of the organisation of trade unions. If the organisation of trade unions does not resolve the competing claims by the trade unions, then the Board shall carry out a secret poll among the workers in the unit and shall certify as the recognised majority union for the unit the claimant union which is shown by the poll to have the greatest support among the workers, subject to a minimum support of forty percent of the workers taking part in the ballot. While the statutory provisions on recognition are consistent with the CARICOM Model Legislation, it should be noted that the ILO’s supervisory bodies take the view that in situations where there is only one trade union requesting certification, the 50% requirement seems too high and such a trade union should be able to bargain at least on behalf of its own members within the bargaining unit.


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Compulsory recognition and duty to negotiate in good faith Section 23 of the Trade Union Recognition Act, 1997 imposes a duty to recognise and bargain in good faith and enter into negotiations with a recognised union, failing which the employer may on summary conviction be liable to a fine. Closing of undertaking The provisions of the CARICOM Model Legislation with respect to the responsibility of an employer to the recognised union where the employer decides to close his/her undertaking. The employer is required by section 23 of the Trade Union Recognition Act, 1997 to give reasonable notice of his intention, the reasons for his decision and the number and categories of workers to be affected. The union must be consulted before the final decision is taken. Collective Agreement Enforceability Section 30 of the Trade Unions Act, 1942 as amended states that every collective agreement which –

(a) is made in writing; and (b) does not contain a provision which states that the agreement or a part of it is

not intended to be enforceable, shall be conclusively presumed to be intended by the parties to be a legally enforceable contract. Successor rights and obligations There is no provision in Guyana labour laws, which deals with the transfer of successor rights and obligations.


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IV. Equality of Opportunity and Treatment in Employment and Occupation

Objectives The stated objectives of the CARICOM Model Harmonisation Act regarding Equality of Opportunity and Treatment in Employment and Occupation (hereinafter referred to in this chapter as “CARICOM Model Labour Law”) are:

(a) to give effect to the provisions of the National Constitution; to the ILO Convention concerning Equal Remuneration, No. 100 (1951); to the ILO Convention concerning Discrimination In Employment and Occupation, No. 111 (1958); and to certain provisions in the UN Convention on the Elimination of All Forms of Discrimination Against Women;

(b) to eliminate, as far as possible, discrimination in employment and occupation against persons on the grounds of race, sex, religion, colour, ethnic origin, national extraction, social origin, political opinion, disability, family responsibilities, pregnancy or marital status;

(c) to promote recognition and acceptance of the principle of equal opportunity and treatment on the above grounds in employment, occupation and other related activities including education, vocational training, employment services, provision of goods and services, partnerships and professional trade organisations.

Status of ILO Conventions All thirteen CARICOM Member States, whose laws are reviewed in this study, except Suriname have ratified ILO Convention concerning Discrimination in Employment and Occupation, No. 111 (1958) and ILO Convention concerning Equal Remuneration, No. 100 (1951). All thirteen CARICOM Member States have ratified or acceded to the UN Convention on the Elimination of All Forms of Discrimination against Women. Principles The fundamental principles underlying the CARICOM Model Legislation insofar as protection against unlawful discrimination is concerned are:

(i) any discrimination in employment or occupation based on race, sex, religion, colour, ethnic origin, indigenous population, national extraction, social origin, political opinion, disability, family responsibilities, pregnancy, marital status or age except for purposes of retirement and restrictions on work and employment of minors shall be unlawful;

(ii) the scope of application of the principles shall include all workers in the public and private sectors, professional partnerships, professional or trade organisations, qualifying bodies, vocational training bodies and employment agencies;


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(iii) the principles of unlawful discrimination and equality of opportunity shall also apply to the provision of goods, services and facilities, advertisements and application forms;

(iv) the prohibition against unlawful discrimination applies both to workers and to persons seeking employment;

(v) the prohibition against unlawful discrimination extends to terms and conditions of employment, including conditions of work or occupational safety and health measures, workplace facilities, and career development opportunities;

(vi) measures to promote equality of opportunity of a temporary nature shall not be deemed unlawful discrimination;

(vii) employers have a duty to ensure equal pay for work of equal value; except where otherwise provided, the person alleging a violation shall bear the evidential burden of presenting a prima facie case of discrimination and thereafter the burden shall shift to the respondent to disprove the allegation.

Scope of application Guyana is one out of two CARICOM countries that have a Prevention of Discrimination Act, which substantially complies with all the provisions of the CARICOM Model Labour Law. Its objective is to provide for the elimination of discrimination in employment, training, recruitment and membership of professional bodies and the promotion of equal remuneration to men and women in employment who perform work of equal value. The Act applies to all employers and employees in the public and private sectors who are engaged in employment without exception. It includes part-time employment, temporary employment and employment under a contract of service or of apprenticeship, employment under a contract for services and engagement as a commission agent. The only exception relates to gifts and benefits conferred upon charitable organisations and religious bodies. Prohibited ground of discrimination The prohibited grounds of discrimination in Guyana’s legislation are similar to those contained in the CARICOM Model Legislation. In fact, the Guyana’s legislation extends upon the ground listed in the CARICOM Model Legislation and adds a new category, namely, indigenous population and economic status. Section 4(2) lists the prohibited grounds of discrimination as race, sex, religion, colour, ethnic origin, indigenous population, national extraction, social origin, economic status, political opinion, disability, family responsibilities, pregnancy, marital status or age except for purposes of retirement and restrictions on work and employment of minors. Protection against discrimination in employment Guyana’s legislation complies fully with the requirements of the CARICOM Model Legislation regarding protection against discrimination in employment. Section 5 of


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Guyana Prevention of Discrimination Act, 1997 makes it an offence for an employer or any person acting or purporting to act on behalf of a person who is an employer to discriminate against any person in relation to recruitment, selection or employment of any other person for the purposes of training, apprenticeship or employment in:

(a) the advertisement of the job; (b) the arrangements made for the purposes of determining who should be

offered employment; (c) determining who should be offered employment; (d) the terms and conditions of employment; (e) the creation, classification or abolition of jobs.

Section 5(2) refers to prohibition of discrimination against employees. It makes it unlawful for an employer to discriminate against an employee in:

(a) terms or conditions of employment; (b) conditions of work or occupational safety and health measures; (c) the provision of facilities related to or connected with employment; (d) denial of access or limiting access to opportunities for advancement,

promotion, transfer or training, or to any other benefits, facilities or services associated with employment;

(e) retrenchment or dismissal of the employee; (f) subjecting the employee to any other disadvantage.

There are exceptions arising from bona fide occupational qualifications or requirements inherent in the nature of the job such as specifications for a theatrical role, requirements of employment in a religious institution, requirements of privacy or decency where the job is likely to involve physical contact or nature of the job requires a person of a particular sex. In the case of disability, where it can be shown that the disability in question was a relevant consideration in relation to the particular requirements of the employment concerned or special facilities or modification are required which the employer cannot reasonably be expected to provide. addition, special measures taken by employers of a temporary nature to promote equality of opportunity in employment shall not be deemed to be unlawful discrimination5. Guyana’s legislation also includes a provision, which characterises an act of sexual harassment against an employee as an act of unlawful discrimination based on sex. Protection against Discrimination by Other Bodies Employment related discrimination by other bodies such as professional partnerships, professional or trade organisations, qualifying bodies, vocational training bodies, and employment agencies is prohibited.

5 Prevention of Discrimination Act, 1997 section 7.


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In addition, there is a prohibition against discrimination in other areas such as in the provision of goods and services, by subterfuge, advertisements and application forms. Promotion of Equal Remuneration The Guyana legislation imposes an obligation on employers to pay equal remuneration for work of equal value for such employer. The burden of establishing that equal remuneration has been paid rests on the employer6. Guyana also has an Equal Rights Act No. 19 of 1990. It should be noted that section 2(3) of the Equal Rights Act provides for “equal remuneration for the same work or work of the same nature”, which is a narrower concept than the provision of section 9 of the Prevention of Discrimination Act, 1997 and the ILO Convention No. 100. Moreover, section 28 of the Prevention of Discrimination Act, 1999 specifically provides that that Act does not derogate from the provisions of the Equal Right Act No. 19 of 1990. Therefore, it seems that section 9 of the Prevention of Discrimination Act, 1997 which conforms to the CARICOM Model Law and the ILO Convention No. 100 may be vitiated by section 2(3) of the Equal Right Act No. 19 of 1990. Guyana may therefore wish to amend section 2(3) of the Equal Right Act No. 19 of 1990 to bring it in line with section 9 of the Prevention of Discrimination Act, the CARICOM Model Law and the ILO Convention No. 110.

6 Prevention of Discrimination Act, 1997 section 9.


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V. Occupational Safety and Health and the Working Environment

Unlike the other model laws, CARICOM Model Law on Occupational Safety and Health and the Working Environment (hereinafter referred to in this Chapter as “the CARICOM Model Labour Law”) does not have among its objectives the incorporation of any ILO Conventions. It is an Act to provide for the occupational safety and health of workers in the working environment.

Among the 18 OSH Conventions and the Protocol to Convention No. 155, Guyana has ratified the Underground Work (Women) Convention, 1935 (No. 45), the Radiation Protection Convention, 1960 (No. 115), Benzene Convention, 1971 (No. 136) and Occupational Cancer Convention (No. 139). Content of CARICOM Model Labour Law There are provisions relating to:

(i) registration of industrial establishments and mines; (ii) administration; (iii) general occupational safety and health requirements; (iv) duties of employers, workers and other persons; (v) hazardous chemicals, physical agents and biological agents; (vi) enterprise safety and health representatives and committees; (vii) notices of injury, accidents and explosions; (viii) enforcement ; and (ix) offences and penalties.

Scope of Application In structure and content, the Guyana Occupational Safety and Health Act, 1997 (hereinafter referred to in this section on Guyana as “the Act”) complies substantially with the provisions of the CARICOM Model legislation. The Act applies to every industrial establishment and to all owners, occupiers, employers and workers. It also applies to the State. An industrial establishment is defined in the Act as a factory, shop, office, or workplace and any building or other structure or premises appertaining thereto but does not include premises occupied for residential purposes, subject to the application of the Act to a domestic worker and to an owner or occupant of a private residence with respect to work performed by the domestic worker for the owner or occupant of a private residence. There are no branches of economic activity that are excluded from the purview of the Act. Definition Consistent with the scope of application of the CARICOM Model Labour Law, the term employer is given an all-embracive definition. It includes any person, entity or public authority which employs any person under a contract of employment, an attorney, agent, foreman, manager, supervisor, clerk and any other person engaged in the hiring or superintending the labour or service of any worker, the operator, principal contractor or subcontractor.


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Registration of Industrial Establishments and Mines Section 7 of the Act provides that the owner or employer of an industrial establishment shall within thirty days of commencement of the Act or the commencement of operations and within thirty days after the anniversary of every certificate of registration or renewal where applicable make an application to the Occupational Safety and Health Authority (“the Authority”) in the prescribed form for the registration of such industrial establishment. The particulars of registration application shall include the names and addresses of the owner and employer, address and location of the industrial establishment, the nature and object of the process to be carried out, the number of employees, hazardous chemicals and hazardous physical agents (inclusive of hazardous biological agents) present in the industrial establishment or mine and whether the industrial establishment or mine is a major hazard installation. Where any change takes place in any of the particulars of registration, the owner or occupier has thirty days within which to make an application to the Authority to register such change. Administration Section 10 of the Act establishes a tripartite National Advisory Council on Occupational Safety and Health (hereinafter referred to in this section on Guyana as “the National Advisory Council”) with technical or professional persons with expert knowledge to advise and make recommendations to the Minister and to promote awareness, including enforcement and the implementation of a national policy on occupational safety and health. The National Advisory Council is mandated to submit an annual report to the Minister for incorporation in the Annual Labour Administration Report for Parliament. The National Advisory Council may establish committees to assist it in the performance of its functions. The Act also establishes the Authority and provides for the appointment of inspectors to administer and enforce the Act and regulations. They are to ensure that employers and other relevant persons are provided with information and advice concerning the Act for the protection of the occupational safety and health of workers generally. The Authority and inspectors also have the power to enter, inspect and examine all workplaces, equipment, machinery, devices and registers. They may also conduct or take tests without unduly disturbing the workplace of any equipment, machine, device, article, material, chemical, physical agent, or biological agent in or about a workplace and for such purposes take away such samples as may be necessary. They may also require an employer to take any such tests as are necessary to maintain safety in the workplace. General Occupational Safety and Health Requirements There are provisions relating to work at dangerous machines, protective clothing devices, emergency drills and exits, cleanliness and sanitary conveniences, disposal


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of waste, noise and vibrations, overcrowding, ventilation, availability of drinking water, washing and change facilities, first-aid provisions and restrooms. The Act prohibits a person under the age of 18 from operating machines, which are of a dangerous character. A worker over the age of 18 shall not work at a machine unless he/she has been fully instructed as to the dangers arising from its operations and the precautions to be observed and (a) has received sufficient training or (b) is under adequate supervision. All persons entering an area in an establishment where they are likely to be exposed to the risk of head or bodily injury, or injury from air contaminants or any other bodily injury must be provided with suitable protective clothing or devices of an approved standard and adequate instruction in the use of such protective clothing or device. Section 40 of the Act gives the Authority, where it appears that any building or ways or machinery or plant is in such a condition as to be likely to cause risk of bodily injury or to endanger the safety of workers or other persons, the power to serve a notice requesting such information as may be necessary for a proper assessment of the risk and specifying the measures which should be adopted to remove the risk of bodily injury. There are also provisions relating to the construction and sale of new machinery to prevent safety risks. Duties of employer, workers and other persons Part V of the Act deals with the duties of employers, workers and other persons. Section 46(1) provides that an employer at any workplace shall ensure that:

(a) the equipment materials and protective devices and clothing as prescribed are provided;

(b) the equipment, material and protective devices and clothing provided are suitable and adequate and maintained in good condition;

(c) the measures and procedures prescribed are carried out in the workplace; (d) the equipment, materials and protective devices and clothing provided by

the employer are used as prescribed; (e) a floor, roof, wall, pillar, support or other part of a workplace is capable of

supporting all loads to which it may be subjected without causing the materials therein to be stressed beyond the allowable unit stresses established under any Act; and without prejudice to the provisions of any Act that governs the environmental protection and pollution control in Guyana, work in workplace is carried out without causing a discharge of noxious, hazardous, or polluting matter into air, water, or soil so far as is reasonably practicable or except under and in accordance with any licence for the purpose granted under the authority of any Act.


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Section 46(2) imposes additional duties on an employer, namely, to: (a) provide information and instruction and supervision to a worker to protect

the safety and health of the worker; (b) in a medical emergency for the purpose of diagnosis or treatment provide,

upon request, information in the possession of the employer including confidential business information, to a legally qualified medical practitioner and to such other persons as may be prescribed;

(c) when appointing a supervisor, appoint a competent person; (d) acquaint a worker or a person in authority over a worker of any hazard in

the work and in the handling, storage, use, disposal and transport of any article, device, equipment, chemical, physical agent or biological agent;

(e) afford assistance and co-operation to a committee and a safety and health representative in the carrying out by the committee and the safety and health representative of any of their functions;

(f) subject to such age as may be prescribed, only employ in or about a workplace a person over such age of completion of compulsory schooling, and in any case, fourteen years;

(g) subject to such age as may be prescribed, not knowingly permit a person to be in or about a workplace who is under such age as the age of completion of compulsory schooling and in any case, fourteen years;

(h) take every precaution reasonable in the circumstances for the protection of a worker;

(i) post in the workplace a copy of the OSH Act and any explanatory material prepared by the OSH Authority outlining the rights, responsibilities and duties of workers;

(j) prepare and review at least annually a written occupational safety and health policy in consultation with the committee or safety and health representative, if any, or a worker selected by the workers to represent them, and develop and maintain a programme to implement that policy;

(k) post at a conspicuous location in the workplace a copy of the occupational safety and health policy;

(l) provide to the committee or a safety and health representative the results of any report respecting occupational safety and health that is in the employer’s possession and, if that report is in writing, a copy of the portions of the report that concern occupational safety and health ;

(m) advise workers of the results of any report referred to in paragraph (l) and, if the report is in writing, make available to them on request copies of portions of the report that concern occupational safety and health;

(n) after being notified that a female worker is pregnant, adapt the working conditions of such worker or ensure that she is not involved in the use of or exposure to chemicals or substances or terms or conditions of work, which are hazardous to her health and the health of the unborn child; where alternative work not involving the use or exposure or terms or conditions aforesaid is available such work shall be assigned to such worker during pregnancy with the right of such worker to return to her previous work after the birth of her child;


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(o) provide and maintain a safe, sound, healthy and secure working environment as far as is reasonably practicable;

(p) ensure that the workplace, machinery, equipment and processes are safe and without risk to safety and health as far as is reasonably practicable;

(q) ensure that, as far as reasonably practicable, the chemicals, physical agents and biological agents under his control are without risk to safety and health when appropriate measures of protection are taken.

The Act in section 47 also requires the employer to establish an occupational health service for workers and to maintain accurate records of the handling, storage, use and disposal of chemicals, physical agents or biological agents as prescribed. In addition, the employer is required to monitor the levels of chemicals, physical agents or biological agent in a workplace and keep and post accurate records thereof. The employer also has to carry out such training programmes for workers, supervisors and committee members as prescribed. It should be noted that there is no express duty to identify risk factors. Section 48 provides for duties of supervisors. He/she shall ensure that workers are provided with and use or wear protective devices and clothing where appropriate, he/she shall also ensure that the workers comply with all applicable safety measures and procedures. The supervisor is required to advise a worker of the existence of any potential or actual danger to the safety or health of the worker of which the supervisor is aware. Duties of Workers Section 49 provides for the duties of workers. A worker shall:

(a) work in compliance with the provisions of the Act and regulations; (b) use or wear the equipment, protective devices and clothing required; (c) report to his/her employer or supervisor the absence of or defect in any

equipment or protective device and clothing of which he is aware and which may endanger himself, herself or another worker;

(d) report to his/her employer or supervisor any contravention of the Act or Regulations of which he or she knows; and

(e) take care of the personal protective equipment, devices and clothing provided to him or her.

No worker shall be required to use equipment or machinery without any protective device required by the regulations. It should be noted that most modern OSH laws request employers to provide, without any cost to the worker, adequate personal protective clothing and equipment (PPE) and then place a duty on the worker to properly use the PPE. Section 56 provides that a worker may refuse to work where he/she has reasonable justification to believe that (a) equipment, machine, tool or device or (b) physical condition of workplace - presents imminent and serious danger to life or health. In this scenario, the worker is deemed to be at work with pay. An employer may file


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complaint with the Minister if he has reasonable grounds to believe that the worker acted without reasonable cause or in bad faith. Section 58 provides that no employer or person acting on his/her behalf shall dismiss or threaten to dismiss, suspend or impose any penalty or intimidate or coerce worker because he acted in compliance with Act or Regulations Duties of Occupier Section 51 provides that the occupier of every industrial establishment shall be under a duty to take steps to protect the safety and health of the public in the vicinity of the industrial establishment from dangers created by the operation or processes carried out therein and shall take special care to ensure that plant and equipment used are of such integrity and that such adequate safety systems exist as to prevent the occurrence of hazardous emissions. Section 52 provides that the owner of an industrial establishment that is not a construction site shall ensure that:

(a) such health and safety facilities as are prescribed are provided and maintained;

(b) the workplace complies with OSH Act and regulations. There are also duties of owners of constructions sites and suppliers to comply with the regulations and take all reasonable measures to avoid risks to the safety and health of workers and the public. Hazardous Chemicals, Physical Agents and Biological Agents The Minister may give orders to prohibit, limit or place conditions on use of hazardous chemicals, physical agents and biological agents. An employer is required to maintain an inventory of all hazardous chemical and hazardous physical agents. The inventory must contain information on the effects of the chemicals or agents. All hazardous materials are to be labelled and there must be adequate information to workers on the handling and disposal thereof so as to eliminate risks. It should be noted that there is no statutory protection against iodizing radiation at work in a manner prescribed by the Convention. The Government of Guyana has drafted regulations on the safe use of chemicals but the draft text does not contain any rules with respect to iodizing radiation. It should also be noted that Article 3, paragraph 1 of the Convention provides for effective protection of workers in the light of knowledge available at the time. With respect to exposure limits to chemical substances and agents, the proposed regulations refer to the international standard established by the American Conference of Governmental Industrial Hygienists rather than the International Commission on Radiological Protection.


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OSH Committees Section 22 of the Act provides for the appointment of a Joint Occupational Safety and Health Committee (the OSH Committee) with representatives of the workers where an industrial establishment has twenty or more employees. Where the industrial establishment has five or more but less than twenty workers, the employer shall make arrangements with the workers for the appointment of a safety representative from among the workers. The OSH Committee or safety representative shall identify risks and make recommendations and obtain information concerning hazards, materials, processes or equipment, or obtain information on tests of equipment etc. and be consulted and investigate accidents. The OSH Committee shall meet at least once every three months. The Act also provides for facilities to be provided by employers for the effective functioning of the OSH Committee. Section 24 also provides for the establishment of a worker trade committee at a construction site with more than fifty employees that is expected to last more than three months. The function of this committee is to inform workers employed at the workplace of the safety and health concerns. Notification of accidents and occupational diseases The employer also has a duty to report to the OSH Authority and the committee, safety and health representative or trade union any accident arising out of and in the course of the employment of any worker involving loss of life or disability. Every qualified medical practitioner attending on or called in to visit a patient whom he believes to be suffering from any occupational disease contracted in the course of his employment as a worker also has a duty to make a report to the OAH Authority of such disease. Notices The employer has an obligation to notify an inspector, the OSH Committee, safety representative and recognised trade union where a person is killed or critically injured from any cause at the workplace within two days of such death or injury. In the case of a non-fatal accident, explosion or fire causing injury, the employer has four days within which to make a report. Enforcement Inspector are vested with the power to enter an industrial establishment, inspect any register, remove any register or article violating the Act, conduct tests, require an employer to conduct tests, make enquiries of any person in the workplace and require any equipment to be tested. The Inspector may also order an employer to comply with Act forthwith or within such time as he or she may specify. Where an Inspector makes an order and finds that the contravention is a danger or hazard to safety and health, he/she may order that the workplace, equipment,


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machine, device, article or process be not used until the order is complied with. He or she may also order that work be stopped until the danger or hazard is removed.


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VI. Recommendations

Termination of Employment 1. In order for Guyana to be fully compliant with the CARICOM Model

Labour Law, there need to be the following amendments to its Termination of Employment and Severance Pay Acts:

(i) A new provision should be included to require an employer to prepare and

deliver to every person employed a written contract of employment within fourteen days of that person’s assumption of duty.

(ii) A new provision should be included to provide place the burden of proof

that the dismissal of an employer is justifiable under the law. (iii) a new provision in the Termination of Employment and Severance Pay Act

to ensure workers’ wages and other payments are given any priority over all other creditors in the event of the winding up of a company

Registration, Status and Recognition of Trade Unions and Employers’ Organizations 1. In order for Guyana to be fully compliant with CARICOM Model Labour

Law, the following amendment to its Trade Union Recognition Act:

(i) There should be national regulations for the right of association of police, fire and prison services.

(ii) There should be an express provision in the labour laws, which prohibits the employer from promoting the establishment of an employees’ organisation under the domination of an employer or employers’ organisation by financial or other means.

(iii) There should be an express provision in the labour laws of Guyana that seek to provide for the basic employer rights enshrined in the CARICOM Model Legislation.

(iv) There should be an express provision in the labour laws of Guyana concerning the right of a trade union to participate or be affiliated or contribute or to join any national or international federation of trade unions or employers’ organisations.

(v) There should be a statutory requirement for the competent authority to consult representatives of trade unions and employers’ organisation in the appointment of the Registrar.

(vi) Trade unions and employers’ organisations in Guyana should be given the

legal status of bodies corporate with the capacity to acquire, hold and dispose of property, sue and be sued in its own right.


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Equality of Opportunity and Treatment in Employment and Occupation 1. Guyana may wish to amend section 2(3) of the Equal Right Act No. 19 of

1990 to bring it in line with section 9 of the Prevention of Discrimination Act, the CARICOM Model Law and the ILO Convention No. 110, that is, to provide for equal remuneration to men and women performing work of equal value.

Occupational Safety and Health and the Working Environment 1. The Government of Guyana needs to draft rules in its regulations on the safe

use of chemicals but the draft text does not contain any rules with respect to iodizing radiation in order to comply with its ILO obligations.

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