Parliament cannot dismiss workers ‘willy-nilly’- Labour Minister
-proposed cuts by AFC will result in violation of workers’ rights
Georgetown, GINA, April 18, 2012
Source - GINA
In light of a document that was circulated amongst members of the National Assembly last evening, in which the Alliance for Change (AFC) was giving notice of a Motion to reduce the provisions of the estimates of a number of Government agencies, Minister of Labour, Dr. Nanda Gopaul in a statement today urged that workers’ rights to be respected and protected.
If the AFC’s proposed slashing of employment costs, particularly as it relates to contract employees, was adopted by the House, Government will in effect, be forced to bring an immediate end to hundreds of public sector employees within Government Departments and agencies.
“I represent the interests of employers and employees; it is my responsibility to ensure a level playing field for both workers and employers alike. I am also of the firm view that I should protect workers’ rights and ensure that our employment laws are upheld by all and that the rights that they are entitled to under these laws are scrupulously observed,” the Labour Minister highlighted.
He noted that such an action, as proposed by the AFC, will result in the flagrant violation of the affected employees’ terms and conditions of employment as well as a breach of the Termination of Employment and Severance Pay Act and added that, “this must be a matter of concern for all of us in this House since what some legislators are proposing, can have far-reaching employment consequences and affect the livelihoods of hundreds of young, qualified professionals.”
For any worker to be dismissed, Section 12 of the Act becomes relevant. It states that “an employer may terminate the employment of a worker if the worker becomes redundant or where the reduction of the workforce is a direct result of the modernisation, mechanisation or automation by the employer of all or part of his/her business.”
Dismissal is also permissible in case of the discontinuance by the employer to carry on all or part of the business, sale or other dispossession by the employer of all or part of the business, the reorganisation of the business by the employer, the impossibility or impracticality for the employer to carry on the business at its usual rate or level, mechanical breakdown or an act of God, or reduce operation in a employer’s business made necessary by economic conditions.
Should it become necessary to terminate workers on the above mentioned conditions, then a clear minimum of one month’s notice must be given to the worker’s representatives and the Chief Labour Officer.
Further, the Act also prohibits termination of employees based on their religious or political beliefs among others. Any violation of the terms of the Act shall cause the employer to be liable on summary conviction to a fine and imprisonment for a period of three months.
Minister Gopaul said that this issue is probably the first of its kind that the House is witnessing where Opposition legislators are proposing the immediate dismissal of workers for reasons other than economic and that of affordability.
“This country is blessed with the economic wherewithal to provide descent employment for all public servants currently on roll, if there is an intention to cause dismissal, sending home or bringing to an end the contract of any employees in the public sector, then recognition must be given to the terms and conditions of the employees’ contract and the protection offered them under those terms and under the Termination of Employment and Severance Pay Act… never in my contemplation, gracing the halls of this House, would I have expected to witness such a crass approach towards the perusal of our estimates; particularly under the heads which catered for employment,” he said.
He added that the Parliament cannot “willy-nilly” or by the stroke of a pen, send home workers in an arbitrary manner.
Meanwhile, AFC member, Moses Nagamootoo in a statement said that intention of the Motion was to have Government provide explanations of the various allocations listed in the estimates, which will in turn inform their vote for the passage of those allocations.