Latest update April 19th, 2024 12:59 AM
Mar 22, 2021 News
Kaieteur News- In light of India’s logging company, Vaitarna Private Holdings Incorporated (VHI) being flagged recently for blatant violations of Guyana’s Labour Laws, it has come to the attention of Kaieteur News that the fines for such infringements are minuscule and do not serve to deter non-compliance.
This was first highlighted by the Minister of Labour, Joseph Hamilton, as he spoke with this publication about VHI’s infractions last Friday.
Following that, independent research conducted by Kaieteur News revealed that the fines for breaching Guyana’s Labour Regulations do not surpass $46,875 with the lowest fine being a mere $100. Given that the value of these fines may be seen to companies as “chump change”, non-compliance across all sectors of Guyana’s labour force may be the result.
Section 15 (1) of the Labour Act outlines that Labour Officers have the power to enter the premises of any employer and demand their wages sheet or any record of their wages, or record of payments and if any person refuses to provide such, they are liable to a fine of $100. Adding to that, if the person knowingly makes or causes changes to be made to these records and proffers them to the labour officers, they are liable to a fine of $200 or imprisonment for three months.
Employers may also be fined $100 for failing to display abstracts of the Labour Act and Regulations at the worksite or failing to display them in a place where they are visible to employees.
Furthermore, Section 11 of the Act outlines that every employer is mandated to keep a record of prescribed wages. The failure to do so may result in a $15,625 fine and for every day in which that default continues after the employer’s conviction, a fine of $625 will be imposed.
For breaches such as failing to pay employees their wages in accordance with prescribes rates or agreed rates, employers could be made to pay a fine totalling $15,625. This is also clearly outlined in Section 13 (1) of the Labour Act, which states that “Where in any occupation rates of wages have been prescribed, an employer shall in cases to which the prescribed rate is applicable, pay wages to the person employed at not less than such rate clear of all deductions save as in this Act prescribed and if he fails to do so, he shall be liable on summary conviction to a fine of fifteen thousand, six hundred and twenty-five dollars and on a second conviction to a fine of forty-six thousand, eight hundred and seventy-five dollars.”
Despite the law catering for both local and foreign companies, it must be noted that over the years, many foreign companies have displayed outright disrespect for Guyana’s Labour Regulations.
VHI, for example, was flagged for not paying their workers overtime salaries and subjected them to poor living conditions and working environment. Further, the company could offer no defence for its infractions.
Minister Hamilton has since pronounced that he will be pushing for harsher fines for these breaches.
Last year, he also announced that his Ministry is reviewing the laws to further safeguard the rights of workers in Guyana. While appearing on the Kaieteur Radio’s – ‘Wake Up Guyana Show,’ he said, “We are reviewing the Labour Laws and Regulations, seeking to strengthen them and amend what is outdated, and to add new legislation to what we already have.”
Once the review of these laws and regulations are completed, the Ministry will present a legislative agenda to the Attorney General’s Chambers. To ensure full adherence, the Minister had said that approximately 40 Labour and Occupational Safety and Health Officers would be trained and placed in all of the sub-districts within the 10 Administrative Regions.
Please share this to every Guyanese including your house cats.
Apr 19, 2024
SportsMax – West Indies Women’s captain Hayley Matthews delivered a stellar all-round performance to lead her team to a commanding 113-run victory over Pakistan Women in the first One Day...Kaieteur News – For years, the disciples of Bharrat Jagdeo have woven a narrative of economic success during his tenure... more
By Sir Ronald Sanders Waterfalls Magazine – On April 10, the Permanent Council of the Organization of American States... more
Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.
Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: [email protected] / [email protected]