Ministry to take Bai Shan Lin to court – logging company accused of being ‘disrespectful’
THE Ministry of Social Protection’s Labour Department will be moving to the court to ensure that Bai Shan Lin International Forest Development, the Asian logging company operating in Guyana, complies with the country’s labour laws. The company, according to the ministry, has allegedly been violating workers’ rights. On Thursday morning representatives of the company were instructed by Minister within the Ministry of Social Protection Simona Broomes to forthwith pay 18 workers monies owed them, as attempts at negotiations with the company had drastically deteriorated. “This is disrespectful, we will proceed to the court,” said Broomes. The company’s directors were invited to a meeting with Minister Broomes on Thursday but instead, the company’s human resource manager, finance controller and another Chinese employee and an interpreter arrived for the meeting that began just after 10:00 hrs at the ministry’s boardroom.
Two of the company’s representatives at the meeting were non-English speakers. A disappointed Minister Broomes shortly after entering the boardroom was informed that no director from the company was present for the meeting.
Representatives of Bai Shan Lin listen to Minister Broomes on Thursday
“I am very disappointed. I have noted the level of disrespect that Bai Shan Lin has been showing to the Department of Labour over the years and also to the union as well,” said the minister. She said the “lack of respect” by Bai Shan Lin would not be tolerated. The Ministry of Social Protection through Francis Carryl, a consultant to the Labour Department wrote a letter to Managing Director Hong Bo Chu on November 9, inviting him to a meeting on Thursday November 12 at 10:00 hrs. The letter was preceded by a phone call by Minister Broomes who was informed that a letter must be written requesting a meeting with a specific representative of the company. “The lack of respect by Bai Shan Lin is evident in so many ways and I cannot tolerate such behaviour from any company. There has been a continued absence of the directors of the company to meetings.” The logging company, according to reports in the media, was this week permitted by government to continue exporting logs despite failing to meet another deadline to begin processing logs here. The company had requested an additional two years to acquire wood-processing equipment. The company is being taken to task for allegedly owing workers approximately $4.1M in severance payment. The letter issued by the Ministry of Social Protection had said, “Please be advised that an alternative officer of the company below the level of a director would not suffice. Kindly make every effort to be present.” Minister Broomes noted that company representatives were required to have in their possession cheques to pay workers. However, this too was an unfulfilled promised by the Chinese company. Thus far, two workers have been paid a collective sum of $586,785 according to a receipt produced by Bai Shan Lin; 16 other workers are yet to be paid. According to a payment plan agreed to by the Ministry of Social Protection, the company was scheduled to make a payment of over $500,000 in September and $1M in October, November and December respectively.
However, Carryl told the Guyana Chronicle that the sums presented in a proposal by Bai Shan Lin were not accurate and have to be revised as the formula used to calculate monies owed the workers is not accurate.
“The calculation is wrong…they used the wrong formula. They have gone to do a comprehensive payment plan and return with a list this afternoon,” he said.
The consultant explained that just as the company is attempting to frustrate the Ministry of Social Protection, so too it did with the Guyana Labour Union (GLU), the union representing workers attached to the company. The issue of payment of monies to workers has been ongoing for a number of years.
There exists an agreement between the Guyana Labour Union and Bai Shan Lin dated 2009 to increase remuneration for workers. The company is in breach of the agreement. “Additional persons are coming to the Department of Labour to lodge complaints against the company. All of the complaints we have for this year dates back to April,” said Carryl. The consultant explained that representatives of the company continuously make false promises. It seems, he said, that the negotiations are not making progress. Proposal The logging company produced a proposal dated September 10, that laid out a payment plan that should have been executed since then. “The proposal was never honoured and has been disregarded,” said Minister Broomes. “When somebody works, you are not doing them a favour…they are entitled and have rights by law. It is because of your disrespect I said I’d like to meet with no less a person than a director. I will take this as a further disrespect and ask you all to leave. I will not meet with you; I did not request to meet with you but forthwith the monies owed are to be paid,” Minister Broomes said as she left the meeting. “It is clear, Bai Shan Lin’s disrespect. Is this how you treat workers? You here as their representative, can understand my language clearly, convey it strongly. It is a disrespect. I want the payments for the persons.” Minister Broomes told this publication that the situation with the logging company is a “regrettable” one. “The Department of Labour in the past has had several issues with Bai Shan Lin. They have always treated them [labour officers] in a disrespectful manner. They don’t care. The persons that they are sending can’t make decisions so what has been happening over the years, is a back and forth. Even if you write them they don’t respond. This is clear disrespect.” The minister said the company’s disrespect towards her is blatant. “I have looked at the matter and I called myself; and the managing director through the human resource representative said he will not be accepting a meeting by a phone call, you have to write him formally and you have to state exactly who we want to see.”
By Ariana Gordon