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New 40-hour work-week announced

By Danielle Campbell-Lowe

Labour Minister, Dr Nanda Gopaul has announced a national five-day working week of 40 hours, which equals eight hours per day.

Gopaul made the announcement on Monday, stating that the new standard working will benefit 35,000 employees.  He explained that flowing from this new initiative will be certain leave entitlements with respect to the national laws that are in place.

The minister added that all categories of workers will also benefit from the national minimum wage that will take effect on July 1 – the first in post-independent Guyana.
“This must be seen as protecting workers, 31,000 of whom would benefit… From domestic employees to retail store employees,” Dr Gopaul stated.

Protection for domestic workers

Government has also agreed to ratify Convention 189 of the International Labour Organisation (ILO) and auxiliary legislation to protect domestic workers. Gopaul noted that when Guyana signed on to the decent work convention in April 2012, government was given a commitment that the ILO would assist in executing training programmes for officials within the ministry in certain areas new to stakeholders.

Since then, the ILO has conducted seminars on occupational health and safety and coordinated programmes on various areas including green jobs. “As a country, we seek to grapple with climate change, we have to educate ourselves on the ramifications but we cannot create green jobs in a vacuum. We have to make other areas equally sound,” the minister pointed out.

As such, Guyana’s move to create a decent work environment by creating legislation and regulations is intent on protecting workers, their jobs, and rights.

Apart from that, government has committed itself internationally to the recognition and ratification of important ILO conventions, such as the occupational health and safety standard.

Dr Gopaul revealed that arising out of that, the Labour Ministry, in collaboration with the Natural Resources Ministry, perused regulations for the mining sector and has since forwarded this to Cabinet for implementation.

He described the 308-page document as voluminous, and noted that it will be ratified very soon with contributions from the ILO. “We intend very shortly to create other regulations for the forestry sector as governed by the occupational health and safety guidelines. We want to protect workers’ rights.”

Security for workers

Dr Gopaul stated that with continued support from the trade union movement in creating an atmosphere of security for workers, the ministry will be conducting a series of exercises with employees and shop owners throughout this month.

This, he said, is to apprise employers about their roles and responsibilities as it relates to the regulations that will come into being on the new minimum wage.

 The minister believes that once the groundwork is laid and the parameters are set, employers will fall in line.  “We don’t want to wantonly prosecute employers or anyone.

We want to ensure they are in strict compliance and that they understand their obligations as it relates to the regulations and labour laws in the country.”

It is for this reason the Labour Ministry recently conducted training with foreign employers by providing them with the relevant information and translating the labour laws into Portuguese and Chinese.

Gopaul stressed that the ministry will continue to work with the social partners in this development drive, and reiterated government’s commitment to the promotion of decent work for all, a healthy environment and better working conditions.

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Employers who flout new minimum

 wage to be prosecuted – 31,000

 workers to benefit

Employers who flout new minimum wage to be prosecuted

- 31,000 workers to benefit

 

Georgetown, GINA, June 8, 2013

 

The Labour Ministry has been successful in the prosecution of employers who have flouted labour laws, and has recouped large sums for workers who have been exploited, and in this regard, Minister of Labour Dr Nanda Gopaul is cautioning employers to ensure their employees benefit from the recently set minimum wage of $35,000 which comes into effect from July 1.

He said those who are delinquent and pay their staff less than the national minimum wage will, if found guilty, pay a fine of $35,000 for the first offence. The second offence will result in a fine of $75,000 and one month in jail.

The recent decision by government to implement a national minimum wage will result in a higher standard of living, in addition to increased wages for approximately 31,000 workers.

Minister Gopaul, during an interview on the National Communications Network on Thursday, said that the move was given the go-ahead by Cabinet following meetings among government, business leaders and labour union officials via a tripartite committee.

Minister of Labour Dr Nanda Gopaul

Minister of Labour Dr Nanda Gopaul

The minister said that, a new minimum wage was implemented in 2012 for shopkeepers, fuel station attendants, restaurant workers and bar employees, but this move failed to cater adequately for other vulnerable groups. “It was felt then that a national minimum wage would be the ideal thing, rather than just looking at certain categories. If you set a national minimum wage you would cover all these categories, as well as wipe out the anomalies which exist in the society”.

Shift workers who are employed to work on weekends will benefit from a premium pay rate as the rate will be based on the fact that they work on weekends and holidays, regardless of whether they are over or under the regulated 40- hour work week. “Those who are working under conditions less advantageous should be brought up to the minimum conditions at least. Those who are earning higher should continue to receive it”. He added that it is an opportune moment for this action to be taken as, “The PPP/C has demonstrated its working class interest, and we have demonstrated that we are protecting and looking for our less fortunate privileged and workers”.

Under the new wage measure, no worker should be paid less than $202 per hour, $1,616 daily, $8,080 per week, or $35,000 per month, the Minister said. With 40 hours per week catering for a five – day work week he said, “Should they be required to work beyond the stipulated work week, they have to be paid overtime in accordance with the various labour laws of the country”.

Minister Gopaul said that the new measure addresses the fact that previously, many workers were not privileged to earn overtime, “holidays with pay, leave with pay and they were not   privileged to earn minimum wage based on stipulated working hours. They were exploited for 12 and 13 hours per day, they were exploited for a longer working week, and they weren’t given anything. We thought that by doing this, we would regulate a relationship between employer and workers…those who we found to be the most exploited in this country, they will benefit from this introduction (new minimum wage)”.

It was acknowledged that government workers enjoy a relatively higher salary scale which amounts to approximately $50,000 per month. This rate is driven by collective bargaining agreements between the government and trade unions, the minister said. “We didn’t want to put the national minimum wage to the public sector because for us to do that would put the private sector under pressure especially those who are struggling… that is why we work with the private sector and trade union officials to find a good balance”. The implementation of the new minimum wage will be monitored, and may be further adjusted upwards if necessary, according to the minister.

Public support for the new wage scale has been good, and some have called for even more to paid as they find it hard to attract workers at current pay rates, said the Labour Minister. All the trade unions and business leaders are also in agreement, he added and this has set the stage for trade unions to further bargain for betterment of their employees.

The implementation of the new wage standard will also be monitored by officials of the Guyana Revenue Authority (GRA) and the National Insurance Scheme (NIS) as they interact with workers and employers regularly, to ensure compliance.

“If workers are happy and prosperous, you will be prosperous, if workers are happy and continue to be motivated, the country will benefit, so we are working for a common goal and a common objective” he stated.

In January, Government established a ministerial team to work to fine-tune the necessary procedures that would facilitate the establishment of a national minimum wage. This effort was led by Minister Gopaul.  This initiative is strongly supported at the level of the tripartite committee which consists of Government officials, representatives from the various labour organisations and the private sector

FM
Chief Labour Officer says it’s now forty hours or five days … anything after that is overtimePDFPrintE-mail

Written by Nadine Sanchara  

 

Wednesday, 03 July 2013 21:26

 

THE recent implementation of the five-day/40-hour per week regulation applies to all workers in every industry or sector of Guyana.

 

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Chief Labour Officer, Mr. Charles Ogle

This is according to Chief Labour Officer, Mr. Charles Ogle, who, in an interview yesterday, told the media that the regulation is a universal law of Guyana and applies to every worker in each of the 10 administrative regions of the country.
He stated that every worker should be required to work 40 hours over a five-day period each week, and should be paid overtime rates for any additional hours.
Ogle explained that this is not a new initiative, noting that since 1986 Guyana had moved to have a five-day work week. However, at that time, the regulation applied only to public/government entities.
He further stated that the labour movement believes that rest is important to everyone, hence the universal implementation of the regulation, which became effective on July 1.
“We see the importance of rest, rest is important for the worker...they need to have time to socialise with their families,” he remarked.
Ogle reiterated that the law now applies to everyone, including media workers and the private sector, and failure to comply with it can result in penalties being applied.
Meanwhile, Vice-Chairman of the Private Sector Commission (PSC), Mr. Clinton Urling, had said that the commission welcomes the minimum wage increase to $35,000 monthly, but is calling for a review and re-examination of the five-day work week in order to ascertain the potential economic impact.
Urling indicated that workers of some companies work for five or six hours a day and this is stretched over the six days. He further called on the government to stretch the 40-hour work week over six days.
According to Urling, the formula was not feasible, particularly for entities in the hospitality and mining sectors, in which he said two days would basically be non- productive days.
Ogle noted that the PSC had no objections to the increased minimum wage, and pointed out that while it was increased only slightly, it is a vast improvement from what it was previously.
He pointed out that prior to this increase; the minimum wage had not increased for four years. He stated that even for workers in the private sector, it is government’s responsibility to ensure that all workers are earning a respectable wage.
As it relates to the five-day work week stipulation, Ogle explained that it does not necessarily mean Monday to Friday. For instance, he stated, workers could be asked to work from Tuesday to Saturday or Wednesday to Friday.
“It could be any five days that you choose. We’re saying 40 hours or five days, anything after that is overtime,” he stated.

 

FM

Would love to see some of those unscroupolus businessmen and store owners on Water Street, Regent Street and Robb Street goes to jail for cheating their employees. But then again with Political affiliations.......no one goes to jail.

FM
Originally Posted by asj:

Would love to see some of those unscroupolus businessmen and store owners on Water Street, Regent Street and Robb Street goes to jail for cheating their employees. But then again with Political affiliations.......no one goes to jail.

This has been an old issue.  I remember store owners being accused of forcing their employees (usually young country girls) to sign for a pay larger than what the actually received.  There was little insight over how many hours they worked.

 

There are many labor laws already on the books, it's a question of enforcement and you usually need a "whistle blower" to spill the beans.

FM

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