Sunday May 08, 2016
PAGE 15
Kaieteur News
US State Department highlights deficiencies in enforcing Guyana’s minimum wage legislation The United States Government has found that there has been a deficiency in Guyana‘s enforcement of minimum wage legislation. Although specific data were unavailable, the US State Depart 2015 report on Guyana stipulated that a significant number of workers were employed in the informal economy unorganized workers, particularly women in the informal sector, were often paid less than the minimum wage. The document, which was released last month, said that based on information from local trade unions and NGOs, the Ministry of Social Protection (new name of former Ministry of Labor) did not adequately enforce occupational safety and health legislation due to insufficient resources. “In 2013, the latest year for available data, the ministry reported 486
workplace accidents, of which 10 were fatal, including five in manufacturing and three in the bauxite sector.” “The law also prohibits discrimination with respect to employment and occupation based on race, sex, gender, disability, language, social status, and national origin or citizenship but the government did not effectively enforce the law.” the US report said However, the document clearly underlined the fact that Guyana’s law does not prohibit discrimination based on sexual orientation or gender identity. As such the department said that there was “discrimination in employment and occupation with respect to women and to persons based on their sexual orientation or gender identity.” With respect to wages and salaries, the US noted
that for regular working hours of all full-time private sector employees wages are set nationally for hourly, daily, weekly, and monthly workers at no less than $202 (US$1) per hour; $1,616 (US$8) per day; $8,080 (US$40) per week; or $35,000 (US$175) per month. “The law prohibits compulsory overtime. Overtime work must be paid according to rates set in the law or according to any collective bargaining agreement in force where workers are unionized. The law provides for paid annual holidays and establishes workplace safety and health standards. But the law also provides that some categories of workers have the right to remove themselves from unsafe work environments without jeopardizing their employment, and authorities effectively protected
Mark Benschop refuses private testimony at Prison COI Social activist, Mark Benschop, has condemned the actions of officials attached to the Commission of Inquiry (COI) into Camp Street Prison disturbance for their refusal to allow his testimony about his five years as a prisoner to be conducted in the presence of the media and members of the public. Benschop was charged for treason and was incarcerated for five years at the Camp Street facility during the tenure of former President Bharrat Jagdeo. Given his experience in the penitentiary, the social activist had submitted a statement to the Commission and was scheduled to testify before the panel headed by Justice James Patterson on Friday. However, when the social activist turned up to offer his testimony to the commission, he was informed by the Chairman,(Justice Patterson) that his testimony will be conducted in camera. The social activist became incensed and noted that he was not prepared to speak to the commission privately at a public hearing. Benschop reiterated his desire was only to tell the truth about his experience as a prisoner at Camp Street without fear or reservation. Following the incident on Friday, the social activist took to social media to express his disappointment. “So, the Commission of Inquiry (COI) has refused to
Social Activist, Mark Benschop allow members of the media and public listen to my testimony about my five years as a Political Prisoner. The fact that it’s a Public Inquiry, I’m suspicious of the decision to exclude the media, and members of the public. So, I’ve refused to testify in private and partake in a farce,” Benschop posted. The COI was ordered by President David Granger following one of the deadliest riots that took place within the prisons in recent years. Seventeen prisoners persished after a fire broke out in Capital Block A of the Camp Street jail. The President appointed Justice James Patterson, Merle Mendonca and retired Director of Prisons, Dale Erskine as Commissioners to oversee the work. The panel is expected to investigate, examine and report on the causes, circumstances and conditions
that led to the disturbances on the morning of March 3, 2016, that resulted in the death of prisoners and any other subsequent disturbances at the Camp Street Prisons; the nature of all injuries sustained by the Prisoners, and any other subsequent disturbances. According to the rules of procedure, the commission was expected to render its report, findings and recommendations to the Minister of Public Security. Stakeholders whose views will be considered by the commission may include staff of the Prisons and their representative unions, members of the judiciary, prisoners accommodated within the Camp Street facility, functionaries in the Ministries of Public Health and Social Protection and any other stakeholder whose input would be deemed appropriate. The Inquiry is being conducted in the Conference Room of the Department of Public Service, Ministry of the Presidency, 164 Waterloo Street, South Cummingsburg, and can be held in such other places as the Chairman may determine.
employees in these situations. The Ministry of Social Protection is charged with enforcement of labor law and had 10 inspectors as of 2012, the latest year for available data. Labor inspections carried out during the year identified occupational safety and health problems. Ministry’s follow-up of labor inspection findings varied, and compliance among employers was also inconsistent. Penalties for violations ranged from $15,000 (US$75) to $46,600 (US$230) and generally were not sufficient to deter violations. The US reported “as of August (2015), 18 employers were charged for unsafe and/ or unhealthy workplace practices.” Additionally, Department said the law provides for the right of association and allows workers to form and join trade unions, bargain collectively, and conduct legal
strikes. “The law bars military and paramilitary members from forming a union or associating with any established union. The law prohibits antiunion discrimination by employers but does not specifically require reinstatement of workers fired for union activity. The labour laws cover all categories of employees, including foreign migrant workers.” “Arbitration is compulsory for public employees, and such employees engaging in illegal strikes are subject to sanctions or imprisonment. The government occasionally enforced applicable laws but did not do so effectively. Penalties for violation of labor laws were small fines, ranging from $6,000 (US$30) to $46,000 (US$230).” But the US claims that such penalties were
insufficient to deter violations and frequently were not imposed. “Administrative and judicial proceedings regarding violations often were subject to lengthy delays and appeals.” The report suggested that some public sector employee unions continued to allege antiunion discrimination by the government, claiming that the government violated worker rights and did not effectively enforce its laws. “The unions were concerned that employers used hiring practices such as contract labor and temporary workers to avoid hiring workers with bargaining rights.” The Ministry of Social Protection is required to certify all collective bargaining agreements, and there were no reports it refused to certify any agreements in 2015.