Labour Act No. 2 of 1942

L.R.O. 1/2012 LAWS OF GUYANA LABOUR ACT CHAPTER 98:01 Act 2 of 1942 Amended by 30 of 1947 42 of 1955 39 of 1955 8 of 1956 29 of 1960 12 of 1961 4 of 1972 5 of 1974 8 of 1975 19 of 1977 22 of 1978 9 of 1984 19 of 1990 20 of 1994 19 of 1997 1 – 105 ... 1/2012 (inclusive) by L.R.O. Pages Authorised Current Authorised Pages LAWS OF GUYANA 2 Cap. 98:01 Labour L.R.O. 1/2012 Index of Subsidiary Legislation Page Labour (Arbitration Procedure) Regulations 43 (Reg. 19/1950, 1/1975) Minimum Wages (Georgetown Waterfront Workers) Order 46 (O. 35/1943) Minimum Wages (Cinema Employees) Order 48 (O. 60/1956, 8/1966A Reg. 86/81, 1/1982) Minimum Wages (Security Guards) Order 50 ( O. 24/1961, 37/1964, 39/1975, 83/1981, 32/1987, 39/1989, 27/1993, 18/2008) Minimum Wages (Laundry Employees) Order 52 (O. 28/1962, 37/1964, 39/1975, 83/1991 ) Minimum Wages (Quarry Workers) Order 56 (O. 32/1966A) Minimum Wages (Employees At Petrol Filling Station) Order 58 (O. 95/1977), 46/1988, 12/1994, 13/1996, 23/1997, 18/1999, 34/2002, 40/2005, 19/2008) Minimum Wages (Mechanical Transport Employees) Order 62 (O. 14/1996) Minimum Wages (Shirt and Garment Workers) Order 64 (O. 93/1960, 20/1961, 31/1962, 49/1987, 58/1989,14/1994 11/1996, 15/1997, 21/1999, 40/2000, 37/2002) Minimum Wages (Employees In Groceries) Order 67 (O. 3/1966A, 8/1984, 43/1987, 52/1989, 24/1993, 16/1996, 21/1997, 23/1999,38/2000, 39/2002, 38/2005, 15/2008) Minimum Wages (Employees In Hardware Stores) Order 69 (O. 4/1966A, 7/1984, 42/1987, 54/1989, 25/1993, 8/1996,18/1997, 22/1999, 41/2000, 38/2002, 37/2005, 14/2008) Minimum Wages (Employees In Dry Goods Stores) Order 74 (O. 6/1966A, 5/1984, 40/1987, 53/1989, 29/1993, 10/1996, LAWS OF GUYANA Labour Cap. 98:01 3 L.R.O. 1/2012 17/1997, 24/1999, 43/2000, 40/2002, 35/2005, 12/2008) Minimum Wages (Employees In Drug Stores) Order 76 (O. 5/1966A, 6/1984, 4/1987, 60/1989, 28/1993, 12/1996, 16/1997, 25/1999, 42/2000, 4/2002, 36/2005, 13/2008) Hours Of Work (Georgetown Waterfront Workers) Regulations 79 (Reg. 4/1942) Hours Of Work (Hire Car Chauffeurs) Regulations 80 (Reg. 4/1992) Laundries (Prescribed Forms) Regulations 85 (Reg. 13/1975) Hours Of Works (Cinema Employees) Regulations 86 (Reg. 9/1953, 8/1954, 17/1956, 1/1966A, 24/1981, 1/1982) Hours Of Work (Laundries) Regulations 92 (Reg. 4/1962, 22/1968, 9/1971, 4 of 1972) Hours Of Work (Security Guards) Regulations 94 (Reg. 6/1975) Labour (Statistics) Regulations 95 (Reg. 28/1953) Laundries Records Regulations 100 (Reg. 5/1962) Labour (Advisory Committees Procedure) Rules 104 (R. 1/1943 ) LAWS OF GUYANA 4 Cap. 98:01 Labour L.R.O. 1/2012 CHAPTER 98:01 LABOUR ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. PART I APPOINTMENT OF CHIEF LABOUR OFFICER 3. Appointment of Chief Labour Officer and other officers and clerks. PART II CONCILIATION 4. Powers of Minister in case of trade disputes. 5. Exclusion of Cap. 7:03. 6. Power of Minister to appoint Advisory Committee in case of existing or apprehended trade dispute. PART III REGULATION OF WAGES 7. (1) Regulation of wages. (2) Constitution. 8. (1) Order prescribing rates payable. (5) Overtime rate. 9. (1) Procedure for making orders under section 8(1). Notice of intention. (2) Objections to draft order. (3) Consideration by Minister. (4) Formal and informal inquiries. (5) Amendment of draft order. (6) Formal inquiry. Appearance of persons affected. (7) Examination of witnesses on oath. LAWS OF GUYANA Labour Cap. 98:01 5 L.R.O. 1/2012 SECTION (9) Fee to person holding formal inquiry. 9A. Minister to prescribe rates of wages in certain circumstances. 10. Record of wages to be kept. 11. (1) Conditions of employment of persons incapable of earning wages at prescribed rates. (2) Employee to inform employer of duration of permit. (3) Recovery of sums short-paid to persons employed under the preceding subsection. 12. (1) Penalty for not paying wages in accordance with prescribed or agreed rates. (3) Offences by agents. (4) Saving as to employer when agent convicted. (5) Prevention of evasion. 13. Civil proceedings by Permanent Secretary for payment of wages at prescribed rate. 14. Appointment of officers and power of entry and inspection. 15. Agreement in contravention of this Part void. PART IV RIGHTS OF EMPLOYEES AND DUTIES AND OBLIGATIONS OF EMPLOYEES 16. Duration and mode of determination of contract. 17. Rates and particulars of wages to be notified by employer to employee. PART V PAYMENT OF WAGES AND DEDUCTIONS THEREFROM 18. (1) Contracts to pay wages otherwise than in money illegal. (2) Wages to be paid entirely in money. 19. Employee’s right to recover entire amount of his wages. 20. No contract to be made with employee as to spending wages at any particular shop, etc. 21. (1) Advances of money in anticipation of wages. (2) Interest, discount, etc., on advances forbidden. LAWS OF GUYANA 6 Cap. 98:01 Labour L.R.O. 1/2012 SECTION 22. Wages in kind. 23. Deductions from wages which are permitted. 24. Penalties. 25. Procedure for bringing actual offender before court when employer charged. PART VI PROHIBITION ON PAYMENT OF WAGES IN RETAIL SPIRIT SHOP 26. Wages not to be paid within retail spirit shop. 27. Offence. PART VII HOURS OF WORK OF EMPLOYEES 28. Power to make regulations as to hours of work in any occupation. PART VIIA COLLECTIVE AGREEMENTS 28A. Collective agreements enforceable. 28B. Meaning of “collective agreement”. 28C. Regulation of terms and conditions of employment of employees in the public sector. PART VIII MISCELLANEOUS 29. Abstracts of Act and regulations to be displayed by employer. 30. General powers of designated officer. 31. Certificate of appointment of Senior Labour Officer and Labour Officer. 32. Obstruction of officer in execution of duty. 33. Offence to reveal information. LAWS OF GUYANA Labour Cap. 98:01 7 L.R.O. 1/2012 SECTION 33A. Injunction not to be granted against functioning of arbitration tribunal. 34. General power of Minister to make regulations. 35. Penalty for breach of regulations. 36. Power of Minister to make rules. 37. Extended jurisdiction. 38. Institution of prosecutions by Permanent Secretary. 39. Procedure. 40. General penalty. 41. Expenses of execution of Act. How defrayed. 42. No order for attachment of wages of certain employees. CHAPTER 98:01 LABOUR ACT 1953 Ed. c. 103 2 of 1942 An Act to provide for the establishment of a Department of Labour, for the regulation of the relationship between employers and employees and for the settlement of differences between them. [23RD JANUARY, 1942] Short title. Interpretation. [5 of 1974] 1. This Act may be cited as the Labour Act. 2. (1) In this Act— “contract” or “contract of service” means any agreement, understanding, or arrangement whatever on the subject of wages whether written or oral, whether direct or indirect, to which any employer and any employee are parties, or are assenting, or by which they are mutually bound to each other; LAWS OF GUYANA 8 Cap. 98:01 Labour L.R.O. 1/2012 c. 85:02 Appointment of Chief Labour Officer and other officers “complaint” means a complaint or information under the Summary Jurisdiction Acts; “employer” includes attorney, agent, foreman, manager, clerk, and any other person engaged in the hiring, employing or superintending the labour or service of any employee; “money” means legal tender notes and legal tender coins within the meaning of the Bank of Guyana Act; “occupation” includes agriculture, business, commerce, industry and trade; “trade dispute” means any dispute between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment, or terms of the employment, or with the conditions of labour, of any person; “wages” means any money or other thing had or contracted to be paid, delivered, or given as a recompense, reward or remuneration for any work or labour done or to be done, whether within a certain time or to a certain amount, or for a time or an amount uncertain. (2) Every reference in this Act to a Labour Officer shall include a reference to a person employed as an Agricultural Assessor in the Ministry. PART I APPOINTMENT OF CHIEF LABOUR OFFICER AND STAFF 3. (1) There shall be a Chief Labour Officer, a Deputy Chief Labour Officer, an Assistant Chief Labour Officer, and such number of Senior Labour Officers and Labour Officers as LAWS OF GUYANA Labour Cap. 98:01 9 L.R.O. 1/2012 and clerks. [12 of 1967] Powers of Minister in case of trade disputes. [8 of 1975] may be necessary. (2) There shall also be such officers and clerks in the Department of the Chief Labour Officer as may be required. (3) The Deputy Chief Labour Officer and the Assistant Chief Labour Officer shall act as assistants generally to the Chief Labour Officer in the performance of his duties. (4) In the absence of the Chief Labour Officer, the Deputy Chief Labour Officer or, in his absence, the Assistant Chief Labour Officer shall have all the powers and may perform all the duties of the Chief Labour Officer. (5) The Senior Labour Officers and Labour Officers and the officers and clerks shall perform such duties as may be assigned to them by the Chief Labour Officer. PART II CONCILIATION 4. (1) Where a difference exists or is apprehended between an employer or any class of employers, and employees, or between different classes of employees, the Minister may, if he thinks fit, exercise all or any of the following powers, namely— (a) inquire into the causes and circumstances of the difference; (b) take such steps as to him may seem expedient for the purpose of promoting a settlement of the difference; (c) with the consent of both parties to the LAWS OF GUYANA 10 Cap. 98:01 Labour L.R.O. 1/2012 difference, or of either of them, or without their consent, refer the matter for settlement to the arbitration of an arbitration tribunal consisting of one or more persons appointed by the Minister except that the Minister shall not refer a difference for settlement to arbitration otherwise than with the consent of both parties to the difference, unless he notifies the parties that he is satisfied that the continuance of the difference is likely to be gravely injurious to the national interest. (2) If a tribunal is so appointed, it shall inquire into the causes and circumstances of the difference by communication with the parties and otherwise shall endeavour to bring about a settlement of the difference, including the making of its award as required by this section, and shall report its proceedings to the Minister. (3) If a settlement of the difference is effected either under subsection (1)(b) or by arbitration upon a reference made with the consent of both parties to the difference, a memorandum of the terms thereof shall be drawn up and signed by the parties or their representatives, and a copy thereof shall be delivered to and kept by the Minister. (4) With respect to any reference to arbitration otherwise than with the consent of both parties to the difference, the following provisions of this subsection shall apply— (a) upon the appointment of the tribunal, the Minister shall furnish the tribunal with its terms of reference containing a statement of the causes LAWS OF GUYANA Labour Cap. 98:01 11 L.R.O. 1/2012 and circumstances of the difference between the parties into which the tribunal is required to inquire; (b) the tribunal shall, in respect of any matter referred to it, make its award thereon as soon as practicable and every award so made shall be notified by the tribunal to the Minister and to the parties to the difference except that if the Minister so requests the tribunal shall as soon as conveniently possible make an interim award with respect to any matter referred to it; (c) the award made by the tribunal shall be binding on the parties to whom it relates and as from the date of such award or as from such other date having retrospective effect as may be specified therein it shall be an implied term of the contract between the employer and employees to whom the award relates that the rate of wages to be paid and the conditions of employment to be observed under the contract shall be in accordance with such award until varied by a subsequent agreement or award. (5) Any employer who fails to comply with an award made by a tribunal in pursuance of a reference made to it otherwise than with the consent of both parties to the difference, is liable on summary conviction to a fine of one thousand dollars, and in the case of a continuing offence to a further fine of one hundred dollars for each day on which the offence continues. LAWS OF GUYANA 12 Cap. 98:01 Labour L.R.O. 1/2012 Exclusion of c. 7:03 Power of Minister to appoint Advisory Committee in case of existing or apprehended trade dispute. Regulation of wages (6) A copy of the award of a tribunal certified by the Permanent Secretary shall be conclusive evidence in all courts of the terms of the award therein contained. (7) In subsection (4)(c) and in subsections (5) and (6) the expression ‚award‛ includes an interim award. 5. (1) The Arbitration Act shall not apply to the settlement by arbitration of any difference or dispute under section 4 of this Act. (2) The Minister may make regulations for the conduct of arbitration proceedings under section 4. 6. (1) Where any trade dispute exists or is apprehended the Minister may, if he thinks fit, refer any matters appearing to him to be connected with, or relevant to, such dispute or apprehended dispute to an Advisory Committee appointed by him for the purpose of such reference, and the Committee shall inquire into the matters referred to it and shall report thereon and make such recommendations as it may deem expedient to the Minister. (2) An Advisory Committee shall consist of a chairman and such number of members as the Minister may deem expedient. PART III REGULATION OF WAGES 7. (1) Whenever the Minister deems it expedient that steps should be taken to regulate the wages paid in any occupation in Guyana or any part thereof he may appoint an Advisory Committee to investigate the conditions of employment in such occupation and to make recommendations as to the minimum rates of wages which LAWS OF GUYANA Labour Cap. 98:01 13 L.R.O. 1/2012 Constitution. Order prescribing rates payable. should be payable. (2) The Advisory Committee shall include representatives of employers and employees and such other members as the Minister may deem fit. 8. (1) On considering the recommendations of the Committee the Minister may, subject to negative resolution of the National Assembly, make an order prescribing the minimum rates of wages payable. (2) The order may prescribe time-rates, piece-rates and overtime rates, or any of them. (3) When a rate of wage is prescribed in respect of a part of Guyana the boundaries thereof shall be set out in the order. (4) Any such rate as aforesaid or the revocation or variation of any such rate shall become effective on the date on which the order is published in the Gazette or on such earlier or later date as is specified in that behalf in the order: Provided that— (a) no date earlier than that on which the order is published in the Gazette shall be specified in any order under this subsection unless the Minister is satisfied that the circumstances of the case are such as to justify specially favourable treatment; and (b) no date shall be so specified which is more than one month anterior to the date on which the order is published in the Gazette. LAWS OF GUYANA 14 Cap. 98:01 Labour L.R.O. 1/2012 Overtime rates. Procedure for making orders under s. 8(1). Notice of intention. Objections to draft order. Consideration by Minister. Formal and informal inquiries. (5) The expression “overtime rate” means a rate (whether a time-rate or a piece-rate) to apply, in substitution for the prescribed rate which would otherwise be applicable, in respect of hours worked by an employee in any week or on any day in excess of the number of hours declared in regulations made by the Minister under this Act to be the normal number of hours per week or for that day in the occupation. 9. (1) Before the Minister makes an order under section 8(1) or (3), he shall, in such manner as he thinks best adapted for informing persons affected, cause to be published notice of his intention to make the order, of the place where copies of the draft order may be obtained, and of the time, which shall not be less than thirty days, within which any objection made with respect to the draft order must be sent to the Minister. (2) Every objection must be in writing, and must state – (a) the specific grounds of objection; and (b) the omissions, additions or modifications asked for. (3) The Minister shall consider any objection which is made by or on behalf of any persons appearing to him to be affected and which is sent to him within the time fixed in that behalf. (4) Before confirming the draft order the Minister— (a) may appoint a competent person to hold an inquiry with regard to any draft order and to report to him thereon; or LAWS OF GUYANA Labour Cap. 98:01 15 L.R.O. 1/2012 Amendment of draft order. Formal inquiry. Appearance of persons affected. Examination of witnesses on oath. Fee to person holding formal inquiry. Minister to prescribe rates of wages in certain circumstances. [22 of 1978] (b) may make such other or further inquiries as he deems necessary either through the medium of the Advisory Committee or otherwise. (5) After considering all the objections made and the report of any inquiry held or made under the foregoing provisions of this section, the Minister may, if he thinks fit, amend the draft order. (6) On an inquiry held under subsection (4)(a), the Permanent Secretary or any other officer appointed by the Minister in that behalf and any objector or other person who appears to the person holding the inquiry to be affected or the agent of such objector or other person may appear at the inquiry. (7) The witnesses at such inquiry may, if the person holding it thinks fit, be examined on oath, which oath that person is hereby authorised to administer. (8) Subject as aforesaid, the inquiry and all proceedings preliminary and incidental thereto shall be conducted in accordance with regulations made by the Minister. (9) The fee to be paid to the person holding the inquiry shall be such as the Minister may direct, and shall be deemed to be part of the expenses of the Ministry in the execution of this Part. 9A. The Minister, whenever he deems it expedient, having regard to the special circumstances of any particular class of employees in any occupation and to any representations made to him by the employees and their employer that steps should be taken to regulate the wages in any such occupation, may, without appointing an Advisory LAWS OF GUYANA 16 Cap. 98:01 Labour L.R.O. 1/2012 Record of wages to be kept. [4 of 1972 20 of 1994] Conditions of employment of persons incapable of earning wages at prescribed rates. Employee to inform Committee under section 7, make an Order which shall be subject to negative resolution of the National Assembly prescribing the minimum rates of wages payable and he shall have like powers for the purpose of making an Order under this section as are conferred on him by section 8 (except subsection (1) thereof), and section 9 shall also not apply to an order made by the Minister under this section by virtue of the application of section 8(3). 10. It shall be the duty of every employer in an occupation in respect to which rates of wages have been prescribed to keep such records of wages as are necessary to show that the provisions of this Part are being complied with in respect of persons in his employment, and if he fails to do so he shall be liable on summary conviction in respect of each offence to a fine of fifteen thousand, six hundred and twenty five dollars, and also to a fine of six hundred and twenty-five dollars for every day during which the default continues after conviction. 11. (1) If, on application in that behalf, the Permanent Secretary is satisfied that any employee employed or desiring to be employed in any occupation on time-work to which a prescribed rate is applicable is affected by any infirmity or physical injury which renders him incapable of earning that prescribed rate, the Permanent Secretary may, if he thinks fit, grant to the employee, subject to such conditions, if any, as he may prescribe, a permit exempting the employment of the employee from the provisions of this Part relating to the payment of wages at less than the prescribed rate, and while the permit is in force the employer shall not be liable to any penalty for paying wages to the employee at a rate less than the prescribed rate so long as the conditions prescribed by the Permanent Secretary on the grant of the permit are complied with. (2) Where the duration of any permit granted to an LAWS OF GUYANA Labour Cap. 98:01 17 L.R.O. 1/2012 employer of duration of permit. Recovery of sums short paid to persons employed under the preceding subsection. Penalty for not paying wages in accordance with pre scribed or agreed rates. [42 of 1955 4 of 1972 20 of 1994] employee under subsection (1) is limited the employee shall give written notice to the employer of the date on which the permit is due to expire. (3) Where a permit granted in respect of an employee under subsection (1) contains a condition for the payment of wages to the employee at a rate not less than the rate therein specified, the amount of wages that may be recovered from an employer of the employee pursuant to section 12(2) shall as respects any period during which the permit had effect, be calculated on the basis of the rate so specified instead of on the basis of the prescribed rate. 12. (1) 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 or subsequent conviction to a fine of forty-six thousand, eight hundred and seventy-five dollars. (1A) Where in any occupation rates of wages have not been prescribed, an employer shall pay wages to the person employed at the rate agreed upon between them, and if the employer 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 or subsequent conviction to a fine of forty-six thousand, eight hundred and seventy five dollars. (2) Where an employer has been convicted under this section for failing to pay wages at not less than the prescribed or agreed rate to any employee, then, if notice of intention so to do has been served with the summons or warrant, evidence may be given of any failure on the part of the employer to pay wages at not less than the prescribed or LAWS OF GUYANA 18 Cap. 98:01 Labour L.R.O. 1/2012 Offences by agents. Saving as to employer when agent convicted. Prevention of evasion. agreed rate to that employee at any time during the two years immediately preceding the date on which the information was laid or the complaint made, and on proof of the failure the court shall, by the conviction, order the employer to pay such sum as in the opinion of the court represents the difference between the amount which, having regard to the provisions of this Part, ought properly to have been paid to the employee by way of wages during the said period and the amount actually so paid: Provided that the power to order the payment of wages under this subsection shall not be in derogation of any right of the person employed to recover wages by any other proceedings. (3) Where an offence for which an employer is by virtue of this Part liable to a fine has in fact been committed by some agent of the employer or other person, that agent or other person shall be liable to be proceeded against for the offence in the same manner as if he were the employer, and either together with or before or after the conviction of the employer, and shall be liable on conviction to the same punishment as that to which the employer is liable. (4) Where an employer who is charged with an offence against this Part proves to the satisfaction of the court that he has used due diligence to enforce the execution of this Part, and that the offence was in fact committed by his agent or some other person without his knowledge, consent or connivance, he shall, in the event of the conviction of that agent or other person for the offence, be exempt from any fine in respect of the offence, without prejudice, however, to the power of the court under subsection (2) to adjudge him to pay any sum which appears to the court to be due to the person employed on account of wages. (5) Any shopkeeper, dealer, or trader, who by way of trade makes any arrangement, express or implied, LAWS OF GUYANA Labour Cap. 98:01 19 L.R.O. 1/2012 Civil proceedings by Permanent Secretary for payment of wages at prescribed rate. [12 of 1967] with any employee in pursuance of which the employee performs any work for which a prescribed rate of wages has been fixed, shall be deemed for the purposes of this Part to be the employer of the employee, and the net remuneration obtainable by the employee in respect of the work after allowing for his necessary expenditure in connection with the work shall be deemed to be wages. (6) Where the immediate employer of any employee to whom a prescribed rate of wages applies is himself in the employment of some other person, and that employee is employed on the premises of that other person, that other person shall for the purposes of this section be deemed to be the employer of the employee jointly with the immediate employer. (7) On any prosecution of a person for failing to pay wages at not less than the prescribed or agreed rate, it shall lie on that person to prove by the production of the proper wages sheets or other records of wages or otherwise that he has not paid wages at less than the prescribed or agreed rate. 13. Where it appears to the Permanent Secretary, or to any officer appointed under this Part or to any officer of any Government Department for the time being assisting in carrying this Part into effect, that any sum is due by an employer to an employee by reason of the fact that wages have been paid to that employee at less than the prescribed rate applicable, and that it is not possible to recover the sum so appearing to be due, or some part of that sum, by means of proceedings under section 12, the Permanent Secretary, or that officer, if he is authorised in that behalf by special or general directions of the Permanent Secretary, may, if it appears expedient so to do by reason of the refusal or neglect of the employee to take the necessary proceedings, on behalf of and in the name of the employee, institute civil proceedings before any court of competent jurisdiction for the LAWS OF GUYANA 20 Cap. 98:01 Labour L.R.O. 1/2012 Appointment of officers and power of entry and inspection. [12 of 1967 19 of 1977] recovery of the said sum: Provided always that the court before which any such civil proceedings are instituted by the Permanent Secretary or by any such officer as aforesaid shall have the same power to make an order for the payment of costs by the Permanent Secretary or officer as if the Permanent Secretary or officer were a party to the proceedings. 14. (1) The Minister may appoint such officers as he may think necessary for the purpose of investigating any complaints and otherwise securing the proper observance of the provisions of this Part. (2) Any such officer shall have power to enter at any hour of the day or night upon the premises of any employer in an occupation to which a prescribed rate is applicable and to require the production of wages sheets or other record of wages by any such employer and to inspect and examine the same and copy any material part thereof. (3) If any person on being required to do so by any such officer fails or refuses to produce any wages sheet or other record of wages, that person shall be liable on summary conviction in respect of each offence to a fine of one hundred dollars; and if any person makes or causes to be made or knowingly allows to be made any wages sheet or record of wages or record of payments which is false in any material particular or produces or causes to be produced or knowingly allows to be produced any such sheet or record to any officer acting in exercise of the powers given by this section knowing the same to be false, he shall be liable on summary conviction to a fine of two hundred dollars or to imprisonment for three months. (4) The Chief Labour Officer, the Deputy Chief Labour Officer and the Assistant Chief Labour Officer shall, without further appointment, be officers for the purposes of LAWS OF GUYANA Labour Cap. 98:01 21 L.R.O. 1/2012 Agreement in contravention of this Part void. Duration and mode of determination of contract. [20 of 1994 19 of 1997] Rates and particulars of wages to be notified by employer to employee. Contracts to pay wages otherwise than in money illegal. [8 of 1960] subsection (1). 15. Any agreement for payment of wages in contravention of this Part shall be void. PART IV RIGHTS OF EMPLOYEES AND DUTIES AND OBLIGATIONS OF EMPLOYERS 16. Every contract shall be terminated by the death of the employee: Provided that such termination shall be without prejudice to the legal claims of his heirs, dependants or personal representatives. 17. (1) Where an employer offers any work to an employee, he shall inform him, either at the time of the offer or as soon thereafter on the same day as may be practicable, whether he is to be paid for his services by the task or by the day, and at what rate for the task or day, as the case may be. (2) Upon the payment to an employee of his wages, an employer shall inform the employee of the particulars of such wages in so far as such particulars may be subject to any change. PART V PAYMENT OF WAGES AND DEDUCTIONS THEREFROM 18. (1) Except where otherwise permitted by this Part, in every contract for the hiring of any employee or for the performance by any employee of any labour, the wages of such employee shall be payable in money only, and not otherwise, and if in any such contract the whole or any part LAWS OF GUYANA 22 Cap. 98:01 Labour L.R.O. 1/2012 Wages to be paid entirely in money. Employee’s right to recover entire amount of his wages. No contract to be made with employee as to spending wages at any particular shop, etc. Advances of money in of such wages is payable in any manner other than in money, such contract shall be and is hereby declared illegal, null and void. (2) Except where otherwise permitted by this Part, the entire amount of the wages earned by or payable to any employee in respect of any work done by him shall be actually paid to him in money and not otherwise. (3) Except where there is an agreement to the contrary, wages shall be paid at weekly, fortnightly or monthly intervals as the case may be. (4) Where the payment of wages is made in money such payment shall be made on working days only, and at or near the work place except where there exist more appropriate arrangements. 19. Every employee shall be entitled to recover from his employer the whole or so much of the wages earned by such employee, exclusive of sums lawfully deducted in accordance with this Part, as shall not have been actually paid to him by his employer in money. 20. No employer shall, directly or indirectly, by himself or his agent, impose as a condition, express or implied, in or for the employment of any employee, any terms as to the place at which, or the manner in which, or the person with whom, any wages or portion of wages paid or payable to the employee are or is to be expended, and no employer shall by himself or his agent dismiss any employee from his employment for or on account of the place at which, or the manner in which, or the person with whom, any wages or portion of wages paid or payable by the employer to such employee are or is to be expended or fail or fails to be expended. 21. (1) Subject to this Part, an employer may make LAWS OF GUYANA Labour Cap. 98:01 23 L.R.O. 1/2012 anticipation of wages. Interest, discount, etc., on advances forbidden. Wages in kind. [20 of 1994] Deduction from wages which are permitted. advances of money to his employee in anticipation of the regular period of payment of his wages. (2) Whenever any advance of money is made by an employer to an employee, it shall not be lawful for the employer to make any deduction in respect of such advance on account of poundage, discount, interest, commission, or any similar charge. 22. (1) Subject to subsection (2), in any occupation in which the partial payment of wages in the form of allowances in kind is customary or desirable because of the nature of such occupation, nothing contained in this Part shall render illegal a contract with an employee for giving to him food, drink, a house, cottage, tenement or room, or other allowances or privileges in addition to money wages as a remuneration for his services, the payment of wages in the form of liquor of high alcoholic content or of noxious drugs not being permitted in any circumstances. (2) No employer shall give to an employee any allowance in kind unless— (a) the employee requests such allowance on the basis that it is appropriate for his personal use and benefit or that of his family; and (b) the value attributed to such allowance is fair and reasonable and has been agreed upon by the employer and employee. 23. Nothing contained in this Part shall extend, or be construed to extend, to prevent any employer or agent of such employer, from making, or contracting to make, any stoppage or deduction from the wages of any employee for or in respect of— LAWS OF GUYANA 24 Cap. 98:01 Labour L.R.O. 1/2012 (a) any unpaid rent of any land, house, cottage, tenement or room demised or let by the employer to the employee; or (b) any grazing fee due by the employee to the employer; or (c) any medicine or medical attendance supplied by the employer to the employee at the latter’s request; or (d) the actual or estimated cost to the employer of any materials, tools and implements supplied by the employer to the employee at the latter’s request to be employed by him in his occupation; or (e) any victuals supplied by the employer to the employee at the latter’s request; or (f) the actual or estimated cost to the employer of any goods supplied by the employer to the employee for the personal use of the employee; or (g) any money advanced by the employer to the employee (whether paid to the employee himself or to some other person at his request), in anticipation of the regular period of payment of his wages: Provided that the total amount which may be stopped or deducted from the wages of an employee in any one month LAWS OF GUYANA Labour Cap. 98:01 25 L.R.O. 1/2012 Penalties. [4 of 1972 20 of 1994] Procedure for bringing actual offender before court when employer charged. under this paragraph shall not exceed one-third of the wages of the employee in that month. 24. If any employer or his agent contravenes or fails to comply with any of the provisions of this Part, such employer or agent, as the case may be, shall be liable on summary conviction to a fine of six thousand, two hundred and fifty dollars for the first offence, to a fine of fifteen thousand, six hundred and twenty-five dollars for the second offence, and in case of a third or subsequent offence, to a fine of forty-six thousand, eight hundred and seventy- five dollars. 25. (1) Where an employer is charged with an offence against this Part, he shall be entitled, upon information duly laid by him, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge, and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the court that he had used due diligence to enforce the execution of this Part, and that the said other person had committed the offence in question without his knowledge, consent or connivance, the said other person shall be summarily convicted of such offence, and shall be liable to the same penalty as that to which the employer, if convicted, would have been liable and the employer shall be exempt from any penalty. (2) When it is made to appear to the satisfaction of the Permanent Secretary, at the time of discovering the offence, that the employer had used due diligence to enforce the execution of this Part, and also by what person such offence had been committed, and also that it had been committed without the knowledge, consent, or connivance of the employer, then the Permanent Secretary shall proceed against the person whom he believes to be the actual offender in the first instance without first proceeding against the employer. LAWS OF GUYANA 26 Cap. 98:01 Labour L.R.O. 1/2012 Wages not to be paid within retail spirit shop. Offence. [20 of 1994] Power to make regulations as to hours of work in any occupation. [19 of 1990] PART VI PROHIBITION OF PAYMENT OF WAGES IN RETAIL SPIRIT SHOPS 26. No wages shall be paid to any employee at or within any retail spirit shop, tavern or place for the sale of any spirits, rum, wine, beer or other spirituous or fermented liquor, or any office, or place belonging thereto or occupied therewith, save and except such wages as are paid by the resident owner or occupier of such retail spirit shop, tavern or place to any employee bona fide employed by him. 27. Every person who contravenes or fails to comply with or permits any person to contravene or fail to comply with any of the provisions of the preceding section shall be liable on summary conviction to a fine of six thousand, two hundred and fifty dollars for each offence. PART VII HOURS OF WORK OF EMPLOYEES 28. (1) The Minister may make regulations prescribing the number of hours which may normally be worked by an employee in any week or on any day in any occupation, and the time to be allowed by an employer to his employee for his meals. (2) In any such regulations the prescribed number of hours may vary— (a) in respect of different periods of the year; (b) according to the season, where the carrying on of an occupation is LAWS OF GUYANA Labour Cap. 98:01 27 L.R.O. 1/2012 c. 91:04 Collective agreements enforceable. [9 of 1984] influenced by seasons; (c) in respect of different branches or processes of an occupation; (d) in respect of adults, children of or under the age of fourteen years, and young persons over the age of fourteen years and under the age of sixteen years; and (e) in respect of different parts of Guyana. (3) This section shall not apply to a shop assistant as defined in section 2 of the Shops Act. PART VIIA COLLECTIVE AGREEMENTS 28A. (1) Every collective agreement which— (a) is made in writing on or after the date on which this section comes into operation; and (b) does not contain a provision which (however expressed) states that the agreement or part of it is intended not to be legally enforceable, shall be conclusively presumed to be intended by the parties to it to be a legally enforceable contract and with effect from the date specified for that purpose in subsection (3) the collective agreement shall, in so far as its provisions are not inconsistent with the other provisions of this Act or the provisions of any other written law, be binding on, and LAWS OF GUYANA 28 Cap. 98:01 Labour L.R.O. 1/2012 enforceable by or against, the parties to it and, where any such party is an organisation, all the persons who are members of that organisation on the date on which the collective agreement is made and all those who become members of that organisation after that date. (2) Where a collective agreement referred to in subsection (1)(a) contains a provision which (however expressed) states that a part of the agreement specified in that provision is intended not to be legally enforceable, the collective agreement with the exception of that part shall be conclusively presumed to have been intended by the parties to it to be a legally enforceable contract and with effect from the date specified for that purpose in subsection (3) the collective agreement, with the exception of that part, shall, in so far as its provisions are not inconsistent with the other provisions of this Act or the provisions of any other written law, be binding on, and enforceable by or against, the parties to it and, where any such party is an organisation, all the persons who are members of that organisation on the date on which the collective agreement is made and all those who become members of that organisation after that date. (3) The date with effect from which a collective agreement referred to in subsection (1)(a) or part of such collective agreement shall be legally enforceable under subsection (1) or subsection (2), as the case may be, shall be the date specified therefor in the collective agreement or, if no such date is specified, the date on which the collective agreement is signed by all the parties thereto or their representatives or, if the collective agreement is signed by the parties thereto or their representatives on different dates the last of the dates on which any of such parties or their representatives signed the collective agreement. (4) A copy of every collective agreement referred to in subsection (1)(a) signed by the parties thereto or their representatives shall be presented to the Chief Labour Officer LAWS OF GUYANA Labour Cap. 98:01 29 L.R.O. 1/2012 by all or any of such parties or representatives as soon as may be possible, and in any case not later than three months after it is made and the Chief Labour Officer shall keep it in his office: Provided that the validity or enforceability of the collective agreement shall not be affected by the non presentation of the collective agreement to the Chief Labour Officer under this subsection. (5) Where a copy of a collective agreement is presented to the Chief Labour Officer under subsection (4) by only one or some of the parties thereto or their representatives the Chief Labour officer shall issue notice, in the prescribed form, of the presentation of the collective agreement to the parties who, or whose representatives, did not join in presenting the collective agreement to him. (6) Where one of the parties to a collective agreement referred to in subsection (1)(a) is a trade union recognised by any employer, who or any organisation of which he is a member is a party thereto, as sole bargaining agent in respect of all his employees or any class of his employees, the collective agreement shall be binding also on, and enforceable also by or against, every one of his employees, or every one of that class of his employees, as the case may be, who are not members of the trade union, to the same extent to which it would have been binding on, or enforceable by or against, those employees if they were members of the trade union. (7) A member of any organisation which is a party to any collective agreement, a copy of which has been presented to the Chief Labour Officer under subsection (4), shall be entitled to examine it or make extracts from it during the normal working hours of the office of the Chief Labour Officer on any working day and every person on whom the collective agreement is binding shall be entitled to obtain a LAWS OF GUYANA 30 Cap. 98:01 Labour L.R.O. 1/2012 Meaning of “collective agreement”. [9 of 1984] copy of it on payment of such fees as may be prescribed by the Minister by regulations. (8) In this section reference to member of an organisation includes, in the case of an organisation of which any other organisation is a member, reference to every member of that other organisation. (9) Where a copy of any collective agreement, a copy of which is required by subsection (4) to be presented to the Chief Labour Officer, is not presented to the Chief Labour Officer before the expiry of the period specified therefor by that subsection, each of the persons who signed the collective agreement shall be liable on summary conviction to a fine of five hundred dollars and also to a fine of fifty dollars for every day during which the failure to so present the collective agreement to the Chief Labour Officer continues. 28B. (1) In this Act “collective agreement” means any agreement or arrangement which for the time being is subsisting and— (a) is an agreement or arrangement made (in whatever way and in whatever form) by or on behalf of one or more organisations of employees and either one or more employers, one or more organisations of employers, or a combination of one or more employers and one or more organisations of employers; and (b) is either an agreement or arrangement prescribing (wholly or in part) the terms and conditions of employment of employees of one or more descriptions, or an agreement or LAWS OF GUYANA Labour Cap. 98:01 31 L.R.O. 1/2012 arrangement relating to one or more of the procedural matters specified in subsection (2), or both. (2) The procedural matters referred to in subsection (1)(b) are— (a) machinery for consultation with regard to, or for the settlement by negotiation or arbitration of, terms and conditions of employment; (b) machinery for consultation with regard to, or for the settlement by negotiation or arbitration of, other questions arising between an employer or group of employers and one or more employees or organisations of employees; (c) negotiating rights; (d) facilities for officials of trade unions or other organisations of employees; (e) procedures relating to dismissal; (f) procedures relating to matters of discipline other than dismissal; (g) procedures relating to grievances of individual employees. 28C. (1) The Trades Union Congress and the Government may, in relation to employees in the public sector generally or in relation to any class of employees in the public sector, make an agreement or arrangement in writing with respect to any of the matters in respect of which a sector. the public employees in employment of conditions of terms and Regulation of LAWS OF GUYANA 32 Cap. 98:01 Labour L.R.O. 1/2012 [9 of 1984] collective agreement may be made. (2) Any agreement or arrangement made by the Trades Union Congress and the Government under subsection (1) shall, in so far as its provisions are not inconsistent with the other provisions of this Act but notwithstanding anything contained in any other written law or contract or award of any arbitrator or arbitration tribunal, be binding on every employee, in relation to whom the agreement or arrangement is made, and his employer and be enforceable by or against each such employee or his employer, with effect from the date specified for that purpose in the agreement or arrangement or, if no such date is specified, with effect from the date on which the agreement or arrangement is signed by all parties thereto or their representatives or if the agreement or arrangement is signed by the parties thereto or their representatives on different dates, the last of the dates on which any of such parties or representatives signed the agreement or arrangement. (3) An agreement or arrangement made by the Trades Union Congress and the Government under subsection (1) may contain a provision stating that the agreement or arrangement or part thereof is intended not to be legally enforceable and— (a) where the provision states that the whole of the agreement or arrangement is intended not to be legally enforceable, subsection (2) shall not apply to the whole of the agreement or arrangement; and (b) where the provision states that part of the agreement or arrangement is intended not to be legally enforceable, subsection (2) shall not apply to that part but shall apply to the remaining LAWS OF GUYANA Labour Cap. 98:01 33 L.R.O. 1/2012 part of the agreement or arrangement. (4) An agreement or arrangement made under subsection (1) shall be published by the Government in the Gazette as soon as may be possible after it is signed by all the parties thereto or their representatives: Provided that the validity or enforceability of the agreement or arrangement shall not be affected by its non publication in the Gazette. (5) Where in relation to the same employee a collective agreement to which section 28A applies and an agreement or arrangement made under subsection (1) are in force, and the provisions of the collective agreement in regard to any matter, being provisions which are intended to be legally enforceable, are in conflict with the provisions of the agreement or arrangement made under subsection (1) in regard to that matter, also being provisions which are intended to be legally enforceable, the provisions of the agreement or arrangement made under subsection (1) in regard to that matter shall prevail. (6) The Trades Union Congress and a public sector employer may, in relation to the employees employed by or in the service of the public sector employer or any class of such employees, make an agreement or arrangement in writing with respect to any of the matters in respect of which a collective agreement may be made and the other provisions of this section, excluding subsection (1), shall mutatis mutandis apply to, and in relation to, the agreement or arrangement so arrived at subject to the modification that for every reference therein to an agreement or arrangement made by the Trades Union Congress and the Government under subsection (1) there shall be substituted a reference to the agreement or arrangement made under this subsection. (7) In this section— LAWS OF GUYANA 34 Cap. 98:01 Labour L.R.O. 1/2012 Abstracts of Act and regulations to be displayed by employer. [39 of 1956] General powers of designated officer. [8 of 1960 (a) “award” includes an interim award; (b) “employee in the public sector” means an employee employed by or in the service of a public sector employer; (c) “public sector employer” means— (i) the Government; (ii) any public corporation, or any other corporate body in which the controlling interest vests in the State or in any agency on behalf of the State. PART VIII MISCELLANEOUS 29. (1) Every employer shall display, or cause to be displayed, and shall keep displayed, at some conspicuous place on his premises, a notice containing such provisions of this Act and of any regulations or orders made thereunder, as may be prescribed by the Minister. (2) The employer shall at all times keep the notice in such condition and position that it can easily be read by his employees. (3) If any employer contravenes any of the requirements of this section he shall be liable on summary conviction to a fine of one hundred dollars. 30. (1) Any officer of the Labour Department designated for the purposes of this section by the Minister (in this section referred to as a designated officer) is empowered LAWS OF GUYANA Labour Cap. 98:01 35 L.R.O. 1/2012 12 of 1967 4 of 1972 19 of 1977 20 of 1994] and authorised— (a) whenever he has reasonable cause to believe that labour is employed in any premises, to enter, inspect and examine such premises and every part thereof at any hour of the day or night, and to obtain and to require from any employer information as to the wages, hours and conditions of work of those so employed; (b) to take with him a member of the police force if he has reasonable cause to apprehend any serious obstruction in the execution of his duty; (c) to carry out any examination, test or enquiry which he may consider necessary in order to satisfy himself that the provisions of any law relating to the employment of persons are being strictly observed and, in particular to— (i) interrogate, alone or in the presence of witnesses, the employer or the staff of the undertaking on any matters concerning the application of any such law or to apply for information to any other person whose evidence he may consider necessary: Provided that no person shall be required under this subparagraph to answer any LAWS OF GUYANA 36 Cap. 98:01 Labour L.R.O. 1/2012 question, or to give any evidence, tending to incriminate himself; (ii) require the production of any books, registers or other documents, the keeping of which is prescribed by any law relating to conditions of work, in order to see that they are in conformity with such law and to copy such documents or make extracts from them or remove them to his office: Provided that notice in writing to produce these books, registers or other documents has been served on the employer at least five days in advance; (iii) enforce the posting of notices required by any law; and (iv) take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for this purpose; (d) to require from employers generally returns giving information as to the wages, hours and conditions of work of their employees; and LAWS OF GUYANA Labour Cap. 98:01 37 L.R.O. 1/2012 c. 99:06 (e) to inspect the register of accidents kept in pursuance of section 3 of the Accidents and Occupational Diseases (Notification) Act and to obtain and to require from an employer information as to the causes and circumstances relating to any accident that may have occurred on the employer’s premises. (2) A designated officer shall, when on an inspection visit, notify the employer or his representative of his presence, unless he considers that such notification may be prejudicial to the performance of his duties. (3) Every employer shall grant to his workers and their representatives every facility for communicating freely with the designated officer when on a visit of inspection. (4) Any person who without good and sufficient cause— (a) fails on application being made to him in writing to furnish to any designated officer any information or any returns specified in subsection (1) or to produce any books, registers or other documents required by a designated officer under and in accordance with subsection (1); (b) fails to grant to his workers every facility for communicating freely with any designated officer on a visit of inspection, shall be liable on summary conviction to a fine of thirty-one thousand, two hundred and fifty dollars; and any person who knowingly furnishes or allows to be LAWS OF GUYANA 38 Cap. 98:01 Labour L.R.O. 1/2012 Certificate of appointment of Senior Labour Officer and Labour Officer. [8 of 1960] Obstruction of officer in execution of duty. Offence to reveal information. [8 of 1960 29 of 1961 12 of 1967] Injunction not to be granted furnished to a designated officer or other officer any information, return, book, register or document which is false in any material particular, shall be liable on summary conviction in respect of each offence to a fine of sixty-two thousand, five hundred dollars and to imprisonment for three months. 31. (1) Every Senior Labour Officer or Labour Officer appointed under section 3(1) shall be furnished with a certificate of his appointment in the prescribed form. (2) When visiting any premises in the execution of his duty under this Act, every Senior Labour Officer and Labour Officer shall, if required so to do, produce the said certificate to the employer or his representative. 32. Any person who hinders, molests or obstructs any officer in the execution of his duty under this Act shall be liable on summary conviction to a fine of three hundred dollars or to imprisonment for three months. 33. (1) The Chief Labour Officer, Deputy Chief Labour Officer or Assistant Chief Labour Officer and every Senior Labour Officer or Labour Officer shall, even after leaving the public service, maintain secrecy concerning any manufacturing or commercial secrets or working processes which may come to his knowledge in the course of his duties. (2) Every person who wilfully acts in contravention of this section shall be liable on summary conviction to a fine of four hundred dollars and to imprisonment for six months. 33A. (1) Notwithstanding anything contained in any other written law, where any matter has been referred for LAWS OF GUYANA Labour Cap. 98:01 39 L.R.O. 1/2012 against functioning of arbitration tribunal. [9 of 1984] settlement to the arbitration of an arbitration tribunal under section 4, no court shall make an interlocutory order (whether ex parte or with notice) in any cause or matter pending before it staying, or having the effect of staying, the operation of the reference or granting an injunction prohibiting, or having the effect of prohibiting, the arbitration tribunal from exercising or performing its functions in respect of the matter so referred. (2) Where before the coming into operation of this section a court has made an interlocutory order granting an injunction prohibiting, or having the effect of prohibiting, any arbitration tribunal, to whom any matter has been referred for settlement under section 4, from exercising or performing its functions and that cause or matter has not been finally determined by the court before the coming into operation of this section, any of the parties to the cause or matter in which the interlocutory order has been made may, within three months of the coming into operation of this section, apply to the court in which the cause or matter is pending requesting the cancellation of the interlocutory order and thereupon the court shall, after giving all the parties concerned a reasonable opportunity of being heard, pass appropriate orders in accordance with the provisions of this section so as to enable the arbitration tribunal to exercise and perform its functions. (3) The preceding provisions of this section shall not apply to any application properly made under article 153 of the Constitution. (4) A cause or matter in which the legality or propriety of the reference of any matter for settlement to the arbitration of an arbitration tribunal under section 4 is questioned shall be heard and finally determined by the court in which it is pending, with all convenient speed and all the parties to the cause or matter shall give full cooperation to the court for this purpose. LAWS OF GUYANA 40 Cap. 98:01 Labour L.R.O. 1/2012 General power of Minister to make regulations. [9 of 1984] Penalty for breach of (5) The provisions of this section shall apply also in relation to any arbitration tribunal to which any matter has been referred under section 4 before the date on which this section comes into operation, if that arbitration tribunal has not, before that date, effected a settlement of the matter referred to it or made its final award in relation to that matter. (6) In this section “interlocutory order” includes an order granting an interim injunction. 34. The Minister may make regulations— (a) prescribing the form in which the information and the returns in subsection (1) of section 30 shall be furnished; (b) prescribing or empowering the Permanent Secretary to approve of the form or manner in which any pay lists or statistics of earnings of employees and of deductions made therefrom shall be kept by any employer; (c) prescribing any other form required for the purposes of this Act, including the form for a notice under section 28A(5); (cc) prescribing the fees payable under section 28A(7) for obtaining a copy of a collective agreement; and (d) generally for the purposes of this Act. 35. There may be annexed to the breach of any LAWS OF GUYANA Labour Cap. 98:01 41 L.R.O. 1/2012 regulations. [20 of 1994] Power of Minister to make rules. Extended jurisdiction. Institution of prosecutions by Permanent Secretary. regulation made under this Act a penalty not exceeding the sum of eighteen thousand, seven hundred and fifty dollars. 36. The Minister may make rules— (a) regulating the procedure to be followed by Advisory Committees appointed under this Act; (b) regulating the amount, and payment, of remuneration, fees, costs and expenses in respect of any inquiry by an Advisory Committee under this Act; (c) regulating or prohibiting the publication of reports submitted by Advisory Committees appointed under this Act and the publication of any evidence given before such Committees; and (d) generally to give effect to the provisions of this Act relating to the holding of inquiries by Advisory Committees. 37. Any proceeding under this Act may be taken in the magistrate’s court of the district in which the contract is made or of the district in which the offence or breach is alleged to have been committed. 38. The Permanent Secretary may institute or cause to be instituted any prosecution for the purpose of enforcing any of the provisions of this Act and any officer of the Department of Labour may appear as prosecutor for and on behalf of the Permanent Secretary. LAWS OF GUYANA 42 Cap. 98:01 Labour L.R.O. 1/2012 Procedure. c. 10:02 General penalty. [20 of 1994] Expenses of execution of Act. How defrayed. No order for attachment of wages of certain employees. [8 of 1960] 39. All complaints under this Act may be heard and determined and all offences and penalties may be prosecuted and enforced in the manner provided by the Summary Jurisdiction Acts: Provided that any order for the payment or recovery of wages or compensation shall be enforceable in the same manner as an order for the payment of compensation under the Summary Jurisdiction (Procedure) Act. 40. Any person who by any act or omission contravenes or fails to comply with any provision of this Act shall, unless a penalty is otherwise specifically provided, be liable to pay a fine of six thousand, two hundred and fifty dollars. 41. The expenses of the Ministry in the execution of this Act shall be defrayed out of moneys provided by Parliament. 42. No order for the attachment of the wages of any servant, labourer or workman shall be made by the High Court or by a magistrate’s court. LAWS OF GUYANA Labour Cap. 98:01 43 [Subsidiary] Labour (Arbitration Procedure) Regulations L.R.O. 1/2012 SUBSIDIARY LEGISLATION LABOUR (ARBITRATION PROCEDURE) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation. 2. Interpretation. 3. Tribunal’s powers to summon and examine witnesses. 4. (1) Effect of vacancy occurring in tribunal. (2) Division of opinion of tribunal. 5. Power of tribunal to call in aid one or more assessors. 6. Report of tribunal. 7. Publication of award of tribunal. 8. Tribunal to decide any question arising as to interpretation of its award. 9. Appearance of counsel. 10. Power of tribunal to exclude the public or press from any of its sittings. 11. Power of tribunal to regulate its procedure. Reg. 19/1950 1/1975 LABOUR (ARBITRATION PROCEDURE) REGULATIONS made under section 5(2) and 34 Citation. Interpretation. [Reg. 1/1975] 1. These Regulations may be cited as the Labour (Arbitration Procedure) Regulations. 2. In these Regulations— “award” means the terms of settlement of any dispute into LAWS OF GUYANA 44 Cap. 98:01 Labour [Subsidiary] Labour (Arbitration Procedure) Regulations L.R.O. 1/2012 Tribunal’s powers to summon and examine witnesses. which inquiry is being made by a tribunal and includes an interim award made under section 4(4)(b) of the Act; “Chairman” means any person appointed as Chairman of any tribunal appointed under section 4 (1) (c) of the Act; “tribunal” means an arbitration tribunal of one or more persons appointed under section 4 (1) (c) of the Act. 3. (1) Any person may, by notice in writing signed by the Chairman or, where the tribunal consists of one person, by such person, be required— (a) to attend any meeting of the tribunal and give evidence before the said tribunal; or (b) to attend any meeting of the tribunal and produce any document which, in the opinion of the tribunal is relevant to the subject matter of the arbitration; or (c) to furnish in such manner as may be specified such particulars as may be required by the tribunal. (2) Any person who fails to comply with any notice signed by the Chairman or the tribunal under paragraph (1) shall be liable to a fine of one hundred dollars: Provided always that, if any witness objects to answer any question or to produce any document on the ground that the answer or production will tend to incriminate him or subject him to any penalty, he shall not be required to answer the question or produce the document. LAWS OF GUYANA Labour Cap. 98:01 45 [Subsidiary] Labour (Arbitration Procedure) Regulations L.R.O. 1/2012 Effect of vacancy occurring in tribunal. Division of opinion of tribunal. Power of tribunal to call in aid one or more assessors. [Reg. 1/1975] Report of tribunal. Publication of award of tribunal. Tribunal to decide any question arising as to interpretation 4. (1) Whenever a tribunal consists of more than one person and any vacancy occurs in their number the tribunal may, with the consent of the parties between whom the dispute exists, act notwithstanding such vacancy. (2) If the tribunal shall, in any case, be equally divided on any question that arises during proceedings, the chairman shall have a second or casting vote. 5. A tribunal may at any time, if it deems it expedient so to do, call in the aid of one or more assessors, specially qualified in the opinion of the tribunal, to give assistance to the tribunal on the matter under inquiry or in any matter relevant to the inquiry or refer any such matter to any person for investigation and report to the tribunal. 6. (1) Each report by a tribunal shall be in writing and shall be addressed to the Minister. (2) Such report shall contain a brief account of the proceedings and all the terms of the award. (3) Such report shall be signed by the members of the tribunal who concur therein and it shall be accompanied by any report signed by any dissenting member of the tribunal. (4) Such report shall be forwarded to the Minister as soon as possible after the conclusion of the inquiry. 7. The Minister shall as soon as possible after the report of a tribunal has been submitted to him cause the award to be published in such manner as he thinks fit. 8. If any question arises as to the interpretation of any award of a tribunal, the Minister or any party to the award may apply to the tribunal for a decision on such a question, and the tribunal shall decide the matter after hearing the LAWS OF GUYANA 46 Cap. 98:01 Labour [Subsidiary] Labour (Arbitration Procedure) Regulations L.R.O. 1/2012 of its award. Appearance of counsel. Power of tribunal to exclude the public or press from any of its sittings. Power of tribunal to regulate its procedure. parties or without such hearing provided the consent of the parties has been first obtained. The decision of the tribunal shall be notified to the parties and shall be deemed to form part of and shall have the same effect in all respects as the original award. 9. The tribunal may in its discretion permit any interested person to appear by counsel at any proceedings before such a tribunal. 10. The tribunal may, in its discretion admit or exclude the public or press from any of its sittings. 11. Subject to these Regulations any tribunal may regulate its procedure in such manner as it may deem expedient to enable it to effect a settlement expeditiously. O. 35/1943 MINIMUM WAGES (GEORGETOWN WATERFRONT WORKERS) ORDER made under section 8 Citation. Application of order. 1. This Order may be cited as the Minimum Wages (Georgetown Waterfront Workers) Order, and shall apply to the Port of Georgetown. 2. This order shall apply only to those persons who are employed in loading and discharging vessels engaged in the Demerara River Service and in respect of such loading LAWS OF GUYANA Labour Cap. 98:01 47 [Subsidiary] Minimum Wages (Georgetown Waterfront Workers) Order L.R.O. 1/2012 Application of order. Minimum rates of pay. and discharging. 3. (1) Subject to this clause, the minimum rates of wages to be paid to those persons to whom this order applies in respect of work performed on a weekday shall be as follows: Class of persons Minimum daily rate of wages Dockmen Truckers $1.08 96 (2) Any person to whom this clause applies who is employed during any part of the periods between 7 a.m. and 11 a.m. and midday and 4 p.m. respectively on a weekday shall be entitled to be paid not less than the following amounts: Class of persons Minimum amounts Dockmen Truckers $0.54 48 (3) Any person to whom this clause applies who is required to work on any public holiday or outside the two periods specified in the last preceding paragraph shall be entitled to be paid in respect of such work at not less than the following rates: Class of persons Minimum hourly rate Dockmen Truckers $0.27 24 LAWS OF GUYANA 48 Cap. 98:01 Labour [Subsidiary] L.R.O. 1/2012 O. 60/1956; 8/1966A Reg. 1/1982; 81/1986; 48/1988; 57/1989] MINIMUM WAGES (CINEMA EMPLOYEES) ORDER made under section 8 Citation. Interpretation. [O. 8/1966A 86/1981] 1. This Order may be cited as the Minimum Wages (Cinema Employees) Order. 2. In this Order— "cashier" means a person employed in a cinema to sell tickets; "cinema" means any place where exhibitions of a public nature are given of pictures or other optical effects by means of a cinematograph or similar apparatus; "clerical assistant" means a person wholly or mainly employed in a cinema to assist in correspondence and the keeping of books; "employee" means any person employed in a cinema; "general staff" includes ushers, ticket collectors, and janitors employed in a cinema; "guard" means a person employed by the employer to preserve order or to watch over bicycles or other property of patrons of a cinema; "normal hours" means the maximum number of hours which may normally be worked by a person employed in a cinema in accordance with, the Hours of Work (Cinema Employees) Regulations; LAWS OF GUYANA Labour Cap. 98:01 49 [Subsidiary] Minimum Wages (Cinema Employees) Order L.R.O. 1/2012 Minimum wage rate. Schedule. [O. 8/1966A; Reg. 1/1981 O. 86/1981] [O. 8/1966A] "operator" means a person employed in a cinema to operate a projecting machine. 3. (1) The minimum rate of wages payable to an employee in any of the categories of work set out in the first column of the Schedule shall be the appropriate rate set out in the second column of that Schedule. (2) Where any employee is in receipt of a wage higher than that prescribed in the Schedule the employer shall nevertheless continue to pay to such employee wages at such higher rate. 4. (1) An employee described in the first column of the Schedule who, at the request of his employer, works in excess of the normal hours shall be paid for every hour or part thereof so worked at one and one-half times the rate at which he would be paid under this Order. (2) An employee described in the first column of the Schedule who, at the request of his employer, works in excess of the normal hours shall be paid for every hour or part thereof so worked, at one and one-half times the rate at which he would, but for this Order, have been paid. (3) An employee described in the first column of the Schedule shall be paid in respect of work on Sundays at the rate of double the hourly rate of pay. (4) An employee described in the first column of the Schedule shall be paid in respect of work on any public holiday at the rate of one and a half times the hourly rate of pay. (5) An employee described in the first column of the Schedule LAWS OF GUYANA 50 Cap. 98:01 Labour [Subsidiary] Minimum Wages (Cinema Employees) Order L.R.O. 1/2012 Casual employment in cinemas. [O. 8/1966A] who is in receipt of a wage at a rate higher than that prescribed in the said schedule and who works on a public holiday shall be paid in respect of such work at the rate of double or one and a half times, as the case may be, the higher rate of pay. 5. Any cinema employee who is employed on a casual basis shall be paid an hourly rate calculated on the basis of the prescribed minimum weekly rate of wages for that category of work divided by the prescribed normal hours for that category together with twenty- five per cent thereof. O. 24/1961 [37/1964 39/1975 83/1981 32/1987 39/1989, 27/1993 18/2008] MINIMUM WAGES (SECURITY GUARDS) ORDER made under section 8 Citation Interpretation. 1. This Order may be cited as the Minimum Wages (Security Guards) Order. 2. In this Order— “normal hours” means the maximum number of hours which may normally be worked by a security guard in accordance with the Hours of Work (Security Guards) Regulations; LAWS OF GUYANA Labour Cap. 98:01 51 [Subsidiary] Minimum Wages (Watchmen) Order L.R.O. 1/2012 Minimum wage rates. [O. 37/1964 39/1975; 83/1981; 18/2008] Overtime. [O. 37/1964 39/1975 83/1981] “security guard” means any person wholly or mainly employed to watch over any specific property: Provided that employment only to operate or superintend the use of a gate, shall not be deemed to constitute employment to watch over property for the purposes of this definition. 3. (1) Subject to this Order, the minimum rate of wages payable to a security guard employed on a weekly, fortnightly or monthly basis shall be four thousand five hundred. (2) Subject to this Order, the minimum rate of wages payable to a security guard employed otherwise than in paragraph (1) shall be eighty-four dollars per hour or six hundred and seventy-two dollars per day: Provided that where, upon the commencement of this Order, a security guard is in receipt of a wage at a rate greater than that prescribed by this Order, the employer shall nevertheless continue to pay to the said security guard wages at the higher rate. 4. (1) A security guard, employed on a weekly, fortnightly or monthly basis, who in any one week at the request of his employer works in excess of the normal hours shall be entitled to be paid for every hour or part of an hour worked in excess of such normal hours at the rate of one and one half times the rate at which he would be paid under this Order. (2) A security guard employed otherwise than in paragraph (1) who at the request of his employer works continuously for a period in excess of the normal hours shall be entitled to be paid for every such hour or part of an hour worked in excess of such normal hours at the rate of one and one half times the rate at which he would be paid under this LAWS OF GUYANA 52 Cap. 98:01 Labour [Subsidiary] Minimum Wages (Watchmen) Order L.R.O. 1/2012 Employer to continue to pay. [O. 83/1981 18/2008] Order. (3) Where immediately before the commencement of this Order, a guard was in receipt of a wage at a rate higher than that prescribed by clause 2 of this Order, the employer shall nevertheless continue to pay the security guard wages at the higher rate. O. 28/1962 [37/1964 39/1975 83/1991] MINIMUM WAGES (LAUNDRY EMPLOYEES) ORDER made under section 8 Citation. Interpretation. c.98:01 Minimum 1. This Order may be cited as the Minimum Wages (Laundry Employees) Order. 2. In this Order— “employee” means any person employed in a laundry; “laundry” means any place where persons are employed by way of trade or business or for purposes of gain in washing, ironing, pressing or dry cleaning of clothing, bed-linen or table-linen and on all duties incidental thereto; and also where any such persons are employed on any of the aforementioned duties incidental to any other trade or business; “normal hours” means the maximum number of hours which may normally be worked by an employee in accordance with the Hours of Work (Laundries) Regulations. 3. (1) Subject to this Order, the minimum time rate of LAWS OF GUYANA Labour Cap. 98:01 53 [Subsidiary] Minimum Wages (Laundry Employees) Order L.R.O. 1/2012 wage rates. [O. 37/1964 39/1975] Work of a higher category. Overtime. [O. 37/1964 83/1991] wage to be paid to an employee shall be as prescribed in the First Schedule. (2) Subject to this Order, where work is performed on a piece- rate basis, the piece-rate shall be as prescribed in the Second Schedule. (3) Where at the commencement of this Order any employee is in receipt of a wage or piece-rate higher than that prescribed in this Order, the employer shall nevertheless continue to pay to such employee wages or piece-rates at such higher rate. 4. Where an employee habitually performs work in a category the minimum time rate of wage of which is, in accordance with the classification set out in the Schedules, higher than that of the category to which he properly belongs, he shall be paid at such higher rate of wage. 5. (1) An employee described in the first column of the First Schedule or of the Second Schedule who, at the request of his employer, works in excess of the normal hours, shall be paid for every hour or part thereof so worked at one and one half times the rate at which he would but for this clause be paid. (2) An employee described in the first column of the First Schedule or of the Second Schedule who at the commencement of this Order is in receipt of a wage at a rate higher than that prescribed in this Order, and who at the request of his employer works in excess of the normal hours, shall be paid for every hour or part thereof so worked at one and one-half times such higher rate. LAWS OF GUYANA 54 Cap. 98:01 Labour [Subsidiary] Minimum Wages (Laundry Employees) Order L.R.O. 1/2012 FIRST SCHEDULE PART I Category of work Minimum Wage Male washer $3.00 per day Female clothes boiler and wringer 2.60 do Female washer and/or starcher 2.08 do Male ironer 3.36 do Female ironer 2.40 do Female shirt ironer 2.40 do Female shirt ironer and glazer 2.50 do Boilerman 3.36 do Male washing machine operator 4.24 do Assistant Male washing machine operator Persons 18 years and over 3.04 do Person under 18 years 2.15 do Dry cleaner operator 4.25 do Assistant dry cleaner operator Persons 18 years and over 3.04 do Person under 18 years 2.15 do Hot head operator Male 3.98 do Female 3.50 do Steam press operator Male 4.43 do Female 3.96 do Maintenance mechanic 4.20 do Sorter, marker, wrapper 2.16 do Spotter Male 4.12 do Female 3.83 do LAWS OF GUYANA Labour Cap. 98:01 55 [Subsidiary] Minimum Wages (Laundry Employees) Order L.R.O. 1/2012 Dry cleaner (hand) 3.12 do Delivery boy Persons 18 years and over 2.80 do Persons under 18 years 1.96 Persons engaged on jobs other than the above-mentioned specific jobs Male 18 years and over 2.75 do Female 18 years and over 2.04 do Persons under 18 years 1.96 do PART II Category of work Minimum Wage Reception clerk $11-50 per week Cashier Persons 18 years and over 17.80 do Persons under 18 years 12.50 do Motor vehicle drivers 18.00 do SECOND SCHEDULE Category of work Female washer and starcher 6 c. per piece Female washer $31/2c. per day Female starcher 23/4c. do Female ironer (drills) 9c. do Female ironer (woollens) 101/2c. do Female shirt ironer 71/2 c do Female shirt ironer and glazer 9c. do Female shirt glazer (glazed or unglazed stiff shirt dress) 171/2 c. do LAWS OF GUYANA 56 Cap. 98:01 Labour [Subsidiary] Minimum Wages (Laundry Employees) Order L.R.O. 1/2012 Steam pressman Trousers 17.80 do Jackets 12.50 do O. 32/1966A MINIMUM WAGES (QUARRY WORKERS) ORDER made under section 8 Citation. Interpretation. Minimum wage rates. First Schedule. 1. This Order may be cited as the Minimum Wages (Quarry Workers) Order. 2. In this Order— “quarry” means any open work, pit or excavation from which stone or rock is obtained by means of cutting, blasting or other methods, by way of trade or for purposes of gain, but shall not include any place where any manufacturing process, other than a process ancillary to the getting, dressing or preparation for sale of stone or rock, is carried on; “quarry worker” means any person employed to perform manual labour in connection with the operation of a quarry. 3. (1) Subject to paragraph (2), the minimum rate of wages payable to a quarry worker in any of the categories specified in the first column of the First Schedule shall be the appropriate rate specified in the second column of the said Schedule. LAWS OF GUYANA Labour Cap. 9801 57 [Subsidiary] Minimum Wages (Quarry Workers) Order L.R.O. 1/2012 Wages higher than minimum wage rates Sledger Workers. Second Schedule, (2) Where work is performed on a piece-rate basis, the wages payable to a quarry worker in any of the categories specified in the first column of the Second Schedule shall be the appropriate rate specified in the second column of the said Schedule. 4. Where at the commencement of this Order, a quarry worker is in receipt of a wage at a rate higher than that prescribed in this Order; the employer shall nevertheless continue to pay to that worker wages at the higher rate. 5. A sledger shall be paid at the appropriate rate specified in the Second Schedule, in respect of the amount of stone handled or collected by him during his hours of work, notwithstanding that no stone handled or collected by him was, as a result of blasting operations, required to be carved by him so as to fulfil any particular dimensions. FIRST SCHEDULE Category of Worker. Minimum Rate of Wages. Blaster-Foreman ... $55.00 per week or $9.17 per day Blaster $41.25 per week or $6.70 per day Blacksmith $34.37 per week or $5.73 per day Assistant Blacksmith $24.75 per week or $4.12 per day Jack-Hammer Operator Mechanical Operator Tractor Operator $30.94 per week or $5.16 per day Truck driver General Labourer $3.52 per day or 44 cents per hour LAWS OF GUYANA 58 Cap. 98:01 Labour [Subsidiary] Minimum Wages (Quarry Workers) Order L.R.O. 1/2012 SECOND SCHEDULE Jack Hammer Operator .07 cents per ft. Granite – 45.9 cents per ft per pair Hand Driller Gabbro – 66 cents per ft per pair Fines- under 6 inches 69. 3 cents per ton. Sledger Boulders- over 6 inches 49.5 cents per ton On vehicles- 35.2 cents per ton Loader On craft- 44 cent per ton Cleanings-44 cents per ton O. 95/1977 [46/1988 12/1994 13/1996 23/1997 18/1999 34/2002 40/2005 19/2008] MINIMUM WAGES (EMPLOYEES AT PETROL FILLING STATIONS) ORDER made under section 8 Citation. Interpretation. 1. This Order may be cited as the Minimum Wages (Employees at Petrol Filling Stations) Order. 2. In this Order – LAWS OF GUYANA Labour Cap. 98:01 59 [Subsidiary] Minimum Wages (Employees at Petrol Filling Station) Order L.R.O. 1/2012 c.80:01 Minimum wage rate. Schedule. “employee” means any person employed at a petrol filling station; “normal hours” means the maximum number of hours which may normally be worked by an employee in accordance with the Hours of Work (Employees at Petrol Filling Stations) Regulations: “petrol filling station” means any place or premises in respect of which a licence is required to be taken out under section 61 of the Tax Act and includes any such place or premises where petroleum, and lubricants and accessories required for the repair of, or use in motor vehicles are sold, or any such place or premises where motor vehicles are kept temporarily for the purpose of being cleaned or washed or for the purpose of carrying out running repairs or, making minor adjustments, to them. 3. (1) Subject to this Order, the minimum rate of wages payable to an employee in any of the categories of work set out in the first column of the Schedule shall be the rate set out in relation thereto in the second column of that Schedule. (2) Where an employee is in receipt of a wage higher than that prescribed by this Order, the employer shall nevertheless continue to pay to such employee wages at such higher rate. (3) The minimum rate of wages payable to an employee who is employed in any categories of work mentioned in the Schedule for any shorter period of time than the appropriate period mentioned in the Schedule shall be the minimum rate of wages prescribed in relation thereto in respect of the last mentioned period: Provided that an employer may pay to an employee who LAWS OF GUYANA 60 Cap. 98:01 Labour [Subsidiary] Minimum Wages (Employees at Petrol Filling Station) Order L.R.O. 1/2012 Overtime. is employed in any of the categories of work mentioned in the Schedule less than the minimum rate of wages per week prescribed in relation thereto in respect of any period of time less than the appropriate period mentioned in the said Schedule so that, however such lesser rate per day payable to a person so employed shall not be less than the prescribed minimum rate divided by six, together with twenty five per cent of such lesser rate. (4) The minimum rate wages payable to an employee employed during any period of time mentioned in the Schedule in more than one category of work mentioned in the Schedule in respect of which different minimum rates of wages are prescribed, shall be the higher or the highest of such rates as the case may be. 4. (1) An employee described in the first column of the Schedule, who at the request of his employer, works in excess of the normal hours shall be paid for every hour or part thereof so worked, at one and one-half times the rate at which he would but for this paragraph, be paid under this Order. (2) An employee described in the first column of the Schedule who is in receipt of a wage at a rate higher than that prescribed in this Order, and who at the request of his employer, works in excess of the normal hours shall be paid for every hour or part thereof so worked, at one and one half time such higher rate. (3) Am employee described in the first column of the Schedule shall be paid in respect of work on Sunday, Christmas day, the day after Christmas Day if Christmas falls on Sunday Eid-ul-Ahza Day, or, if that day is on a Sunday, the following day Good Friday, Easter Monday, Labour Day, that is to say the 1st May or if that day is a Sunday, the following day, Phagwah Day or if that day is a Sunday, the LAWS OF GUYANA Labour Cap. 98:01 61 [Subsidiary] Minimum Wages (Employees at Petrol Filling Station) Order L.R.O. 1/2012 Termination of employment and re employment prohibited following day at the rate of double the hourly rate. (4) An employee described in the first column of the Schedule shall be paid in respect of work on any public holiday other than as specified in paragraph (3), at the rate of one and one- half times the hourly rate. (5) An employee described in the first column of the Schedule who is in receipt of a wage at a rate higher than that described in the said Schedule and who works on any of the days specified in paragraphs (3) and (4) shall be paid in respect of such work at the rate of double or one and one half times, as the case may be, the higher rate of pay 5. An employer who terminates the employment of an employee and re-employs him solely or mainly for the purpose of avoiding the obligations imposed on him by clause 3 (2) or 4 (5) shall be liable on summary conviction to a fine of two hundred and fifty dollars. [O. 95/1997 46/1988 12/1994 13/1996; 23/1997; 18/1999 34/3002; 40/2005; 19/2008] SCHEDULE Category of Employees Minimum Wage Supervisor $9,500.00 per week Shift Operator $8,400.00 per week Attendant $4,800.00 per week Serviceman $8,500.00 per week Mechanic $8,500.00 per week Washman $5,000.00 per week Clerk $6,000.00 per week continue to pay such employee wages at the higher rate. prescribed in the Order, the employer shall nevertheless employee is in receipt of a rate of wages higher than that (2) Where at the commencement of this Order any out in the second column of that Schedule. first column of the Schedule shall be the appropriate rate set employee in any of the categories of work set out in the 3. (1) The minimum rate of wages payable to an Regulations. the Hours of Work (Mechanical Transport Employees) normally be worked by an employee in accordance with “normal hours” means the number of hours which may conductor; (Mechanical Transport Employee) Regulations or any mechanical transport as defined in the Hours of Work “employee"” means any person employed to drive a Schedule. wage rates Minimum Road Traffic Regulations; with regulations 31 and 32 of the Motor Vehicles and holder of a conductor’s licence granted in accordance duties of a conductor of a motor bus and who is the “conductor” means any person employed to carry out the 2. In this Order — (Mechanical Transport Employees) Order. 1. This Order may be cited as the Minimum Wages Interpretation. Citation. made under section 9A TRANSPORT EMPLOYEES) ORDER MINIMUM WAGES (MECHANICAL O. 14 of 1996 L.R.O. 1/2012 Minimum Wages (Mechanical Transport Employees) Order [Subsidiary] Cap. 98:01 62 Labour LAWS OF GUYANA LAWS OF GUYANA 62 Cap. 98:01 Labour [Subsidiary] Minimum Wages (Mechanical Transport Employees) Order L.R.O. 1/2012 O. 14 of 1996 MINIMUM WAGES (MECHANICAL TRANSPORT EMPLOYEES) ORDER made under section 9A Citation. Interpretation. 1. This Order may be cited as the Minimum Wages (Mechanical Transport Employees) Order. 2. In this Order — “conductor” means any person employed to carry out the duties of a conductor of a motor bus and who is the holder of a conductor’s licence granted in accordance with regulations 31 and 32 of the Motor Vehicles and Road Traffic Regulations; Minimum wage rates Schedule. “employee"” means any person employed to drive a mechanical transport as defined in the Hours of Work (Mechanical Transport Employee) Regulations or any conductor; “normal hours” means the number of hours which may normally be worked by an employee in accordance with the Hours of Work (Mechanical Transport Employees) Regulations. 3. (1) The minimum rate of wages payable to an employee in any of the categories of work set out in the first column of the Schedule shall be the appropriate rate set out in the second column of that Schedule. (2) Where at the commencement of this Order any employee is in receipt of a rate of wages higher than that prescribed in the Order, the employer shall nevertheless continue to pay such employee wages at the higher rate. LAWS OF GUYANA Labour Cap. 98:01 63 [Subsidiary] Minimum Wages (Mechanical Transport Employees) Order L.R.O. 1/2012 Overtime. Revocation. (3) The minimum rate of wages payable to an employee for any shorter period of time than that set out in the Schedule shall be the minimum rate of wages set out in the Schedule. 4. (1) An employee who at the request of his employer work in excess of the normal hours, shall be paid for every hour or part thereof so worked at one and one-half times the rate at which he would be paid under this Order. (2) An employee who at the commencement of this Order is in receipt of a wage at a rate higher than that prescribed in this Order, and who at the request of his employer works in excess of normal hours, shall be paid for every hour or part thereof so worked at one and one-half times such higher rate. 5. The Minimum Wages (Hire Car and Motor Bus Employees) Order is hereby revoked. SCHEDULE Category of Employee Minimum Rate of Wages Driver Conductor $3,313.00 per week $1,666.00 per week Conductor $1,666.00 per week Driver $3,313.00 per week Category of Employee Minimum Rate of Wages SCHEDULE Employees) Order is hereby revoked. 5. The Minimum Wages (Hire Car and Motor Bus times such higher rate. every hour or part thereof so worked at one and one-half employer works in excess of normal hours, shall be paid for prescribed in this Order, and who at the request of his Order is in receipt of a wage at a rate higher than that (2) An employee who at the commencement of this rate at which he would be paid under this Order. hour or part thereof so worked at one and one-half times the work in excess of the normal hours, shall be paid for every 4. (1) An employee who at the request of his employer the Schedule. the Schedule shall be the minimum rate of wages set out in employee for any shorter period of time than that set out in (3) The minimum rate of wages payable to an Revocation. Overtime. L.R.O. 1/2012 Minimum Wages (Mechanical Transport Employees) Order [Subsidiary] Cap. 98:01 Labour 63 LAWS OF GUYANA LAWS OF GUYANA 64 Cap. 98:01 Labour [Subsidiary] Minimum Wages (Shirt and Garment Workers) Order L.R.O. 1/2012 O. 93/1960 20/1961 31/1962 49/1987 58/1989 14/1994 11/1996 15/1997 21/1999 40/2000 37/2002] MINIMUM WAGES (SHIRT AND GARMENT WORKERS) ORDER made under section 8 (1) Citation. Interpretation. [O. 20/1961 O. 31/1962] 1. This Order may be cited as the Minimum Wages (Shirt and Garment Workers) Order. 2. In this Order— “assorter” means a worker who sorts, assembles and distributes the various cut parts of a garment; “examiner” means a worker who examines the garments for soils and for defects in stitching and materials; “layer” means a worker who lays or spreads the cloth and other material preparatory to its being cut; “machinist” means a worker who operates a sewing machine and who has had three or more months of such experience in a shirt or garment factory; “semi-skilled workers” shall include junior workers, turners, clippers, markers, notchers, edgers, box staplers, creasers and packers employed in a shirt or garment factory; “stoppage of work” means any cessation of work at a shirt or garment factory occasioned by shortage of materials, breakdown of mechanical plant or equipment, or failure of power supply where the source of the power supply is owned or operated by the occupier of a shirt or LAWS OF GUYANA Labour Cap. 98:01 65 [Subsidiary] Minimum Wages (Shirt and Garment Workers) Order L.R.O. 1/2012 Minimum wage rates. Schedule. Work of a higher category. Remuneration based on work done. garment factory or where the cessation of work occasioned by a strike or lockout arising out of an industrial or trade dispute; “trainee machinist” means a worker who operates a sewing machine and who has had less than 3 months of such experience in a shirt or garment factory; “worker” means a person employed in a shirt or garment factory but does not include a person employed in an establishment whose business is wholly or mainly retail bespoke tailoring or dressmaking. 3. Subject to this Order, the minimum rate of wage at which a worker mentioned in the first column of the Schedule shall be paid the appropriate rate set out in the second column of the said Schedule: Provided that where, upon the commencement of this Order, a worker is in receipt of a wage at a rate greater than that prescribed in this Order the employer shall nevertheless continue to pay to the said worker wages at the higher rate. 4. Where a worker habitually performs work in a category higher than the category to which he properly belongs in accordance with the classification set out in the Schedule he shall be paid at the rate of wage payable in respect of the higher category as prescribed in the Schedule. 5. Notwithstanding this Order, an employer shall be entitled to remunerate a worker for his services on the basis of the quantity of work done by such worker during any given period or otherwise: Provided that, without prejudice to the right of the worker to be paid at a higher rate, in no case shall a worker be paid an amount less than the daily or weekly wage, as the LAWS OF GUYANA 66 Cap. 98:01 Labour [Subsidiary] Minimum Wages (Shirt and Garment Workers) Order L.R.O. 1/2012 Work not available due. case may be, prescribed by this Order in respect of persons belonging to the category in which such worker is employed. 6. A worker who on any day, at the request of his employer, reports for duty at a shirt or garment factory and who fails to obtain work during the whole or a part of such day on account of the shortage of materials or stoppage of work factory, shall nevertheless be entitled to the payment of wages in accordance with the appropriate category of worker to which he belongs in respect of the whole of such day. [O. 49/1987 58/1989 14/1994 11/1996 15/1997 21/1999 40/2000 37/2002] SCHEDULE Category of employee Minimum Wage Supervisor $6,806.00 per week Tailor $5,719.00 per week cutter $5,099.00 per week Assistant cutter $4,650.00 per week Assorter $4,650.00 per week Examiner $4,045.00 per week Layer $3,675.00 per week Pressers and Finishers $ 613.00 per week Machinists $ 613.00 per week Semi-skilled workers $ 613.00 per week Trainee machinist $ 604.00 per week LAWS OF GUYANA Labour Cap. 98:01 67 [Subsidiary] Minimum Wages (Employees in Groceries) Order L.R.O. 1/2012 [O. 3/1966A O. 8/1984 43/1987 52/1989 24/1993 16/1996 21/1997 23/1999 38/2000 39/2002 38/2005 15/2008] MINIMUM WAGES (EMPLOYEES IN GROCERIES) ORDER made under section 9A Citation. Interpretation. 1. This Order may be cited as the Minimum Wages (Employees in Groceries) Order. 2. In this Order— “clerk” includes a salesman, counter assistant, customs clerk, cashier, and a person employed to assist in correspondence and book- keeping; “grocery” means any place or premises used solely or mainly for the sale of groceries either by way of wholesale or retail trade; “messenger” means a person employed to receive and deliver messages and undertake portering duties, and shall include a delivery boy; “porter” means a person who is wholly or mainly employed for portering duties; “portering duties” includes carrying goods or supplies, taking messages, and cleaning premises, furniture or fittings (including the cleaning of windows). 3. (1) Subject to this Order, the minimum rate of wages payable to a person employed in a grocery in any of the categories of work set out in the first column of the Schedule shall be the appropriate rate prescribed in the LAWS OF GUYANA 68 Cap. 98:01 Labour [Subsidiary] Minimum Wages (Employees in Groceries) Order L.R.O. 1/2012 Wages higher than minimum wage rates. second column of the Schedule. (2) The minimum rate of wages payable to a person employed in a grocery during any period of time mentioned in the Schedule in more than one category of work mentioned in the Schedule in respect of which different minimum rates of wages are prescribed, shall be the higher or the highest of such rates, as the case may be. (3) The minimum rate of wages payable to a person employed in a grocery in any of the categories of work mentioned in the Schedule for any shorter period of time than the appropriate period mentioned in the Schedule shall be the appropriate minimum rate of wages prescribed in respect of the last-mentioned period: Provided that an employer may pay to a person employed in any of the categories of work referred to in the Schedule less than the appropriate minimum rate of wages per week prescribed aforesaid in respect of any period of time less than the appropriate period mentioned in the Schedule so that, however, such lesser rate per day payable to a person so employed shall not be less than the appropriate minimum rate divided by six, together with twenty five per cent of such lesser rate. 4. Deleted by 8/1984. 5. Where a person employed in a grocery in any of the categories of work mentioned in the Schedule is, at the commencement of this Order, in receipt of a rate of wage higher than that prescribed by this Order, the employer of that person shall nevertheless continue to pay him wages at the higher rate. LAWS OF GUYANA Labour Cap. 98:01 69 [Subsidiary] Minimum Wages (Employees in Groceries) Order L.R.O. 1/2012 [O. 15/2008] SCHEDULE Category of Employee Minimum Rate of Wages Checker $4,500.00 per week Clerk $4,500.00 per week Cashier $5,000.00 per week Messenger $4,500.00 per week Porter $4,500.00 per week Other unskilled employees $4,500.00 per week O. 4/1966A [O. 7/1984 42/1987 54/1989 25/1993 8/1996 18/1997 22/2999 41/2000 38/2002 37/2005 14/2008] MINIMUM WAGES (EMPLOYEES IN HARDWARE STORES) ORDER made under section 8 Citation. Interpretation. 1. This Order may be cited as the Minimum Wages (Employees in Hardware Stores) Order. 2. In this Order— “clerk” includes a salesman, counter assistant, customs clerk, cashier, and a person employed to assist in correspondence and book-keeping; “hardware store” means any place or premises used solely or mainly for the sale of furniture or ironmongery either by way of wholesale or retail trade; that, however, such lesser rate per day payable to a person so less than the appropriate period mentioned in the Schedule so per week prescribed aforesaid in respect of any period of time Schedule less than the appropriate minimum rate of wages employed in any of the categories of work referred to in the Provided that an employer may pay to a person respect of the last mentioned period: shall be the appropriate minimum rate of wages prescribed in time than the appropriate period mentioned in the Schedule of work mentioned in the Schedule for any shorter period of person employed in a hardware store in any of the categories (3) The minimum rate of wages payable to a the highest of such rates, as the case may be. minimum rates of wages are prescribed, shall be the higher or work mentioned in the Schedule in respect of which different time mentioned in the Schedule in more than one category of person employed in a hardware store during any period of (2) The minimum rate of wages payable to a second column of the Schedule. the Schedule shall be the appropriate rate prescribed in the in any of the categories of work set out in the first column of wages payable to a person employed in a hardware store 3. (1) Subject to this Order, the minimum rate of (including the cleaning of windows). messages, and cleaning premises, furniture or fittings “portering duties” includes carry goods or supplies, taking employed for portering duties; “porter” means a person who is wholly or mainly include a delivery boy; messages and undertake portering duties, and shall “messenger” means a person employed to receive and deliver Schedule. wage rates. Minimum L.R.O. 1/2012 Minimum Wages (Employees in Hardware Stores) Order [Subsidiary] Cap. 98:01 70 Labour LAWS OF GUYANA after one year $25,000.00 per month first appointment Registered Student Trainee $23,000.00 per month on Other unskilled employees $4,500.00 per week Porter $4,500.00 per week Messenger $4,500.00 per week Cashier $5,000.00 per week Clerk $4,500.00 per week Checker $4,500.00 per week Category of Employee Minimum Rate of Wages SCHEDULE him wages at a higher rate. the employer of that person shall nevertheless continue to pay of a rate of wage higher than that prescribed by this Order, Schedule is, at the commencement of this Order, in receipt any of the categories of work mentioned in the Second 5. Where a person employed in a hardware store in lesser rate. rate divided by six, together with twenty-five per cent of such employed shall not be less than the appropriate minimum wage rates. than minimum Wages higher L.R.O. 1/2012 Minimum Wages (Employees in Hardware Stores) Order [Subsidiary] Cap. 98:01 Labour 71 LAWS OF GUYANA 3. (1) Subject to this Order, the minimum rate of (including the cleaning of windows). messages, and cleaning premises, furniture or fittings “portering duties” includes carrying goods or supplies, taking for portering duties; “porter” means a person who is wholly or mainly employed include a delivery boy; messages and undertake portering duties, and shall “messenger” means a person employed to receive and deliver wholesale or retail trade; mainly for the sale of dry goods either by way of “dry goods store” means any place or premises used solely or correspondence and book-keeping; cashier, and a person employed to assist in “clerk” includes a salesman, counter assistant, customs clerk, 2. In this Order— (Employees in Dry Goods Stores) Order. 1. This Order may be cited as the Minimum Wages Minimum Interpretation. Citation. made under section 9A GOODS STORES) ORDER MINIMUM WAGES (EMPLOYEES IN DRY 12/2008] 35/2005 40/2002 43/2000 24/1999 17/1997 10/1996 29/1993 53/1989 40/1987 [O. 5/1984 O. 6/1966A L.R.O. 1/2012 Minimum Wages (Employees in a Dry Goods Stores) Order [Subsidiary] Cap. 98:01 LAWS OF GUYANA 72 Labour LAWS OF GUYANA Cap. 98:01 [Subsidiary] Minimum Wages (Employees in a Dry Goods Stores) Order L.R.O. 1/2012 wage rates. Schedule Wages higher than minimum wage rates. wages payable to a person employed in a dry goods store in any of the categories of work set out in the first column of the Schedule shall be the appropriate rate prescribed in the second column of the Schedule. (2) The minimum rate of wages payable to a person employed in a dry goods store during any period of time mentioned in the Schedule in more than one category of work mentioned in the Schedule in respect of which different minimum rates of wages are prescribed, shall be the higher or the highest of such rates, as the case may be. (3) The minimum rate of wages payable to a person employed in a dry goods store in any of the categories of work mentioned in the Schedule for any shorter period of time than the appropriate period mentioned in the Schedule shall be the appropriate minimum rate of wages prescribed in respect of the last-mentioned period: Provided that an employer may pay to a person employed in any of the categories of work referred to in the Schedule less than the appropriate minimum rate of wages per week prescribed aforesaid in respect of any period of time less than the appropriate period mentioned the Schedule so that, however, such lesser rate per day payable to a person so employed shall not be less than the appropriate minimum rate divided by six, together with twenty-five per cent of such lesser rate. 4. Deleted by 5/1984. 5. Where a person employed in a dry goods store in any of the categories of work mentioned in the Schedule is, at the commencement of this Order, in receipt of a rate of wage higher than that prescribed by this Order, the employer of that person shall nevertheless continue to pay him wages at a higher rate. Labour 73 LAWS OF GUYANA Cap. 98:01 [Subsidiary] Minimum Wages (Employees in a Dry Goods Stores) Order L.R.O. 1/2012 [O. 12/2008] SCHEDULE Category of Employee Minimum Rate of Wages Cashier $5,000.00 per week Driver $4,500.00 per week Clerk $4,500.00 per week Messenger $4,500.00 per week Porter $4,500.00 per week Other unskilled employees $4,500.00 per week O. 5/1966A [O. 6/1984 4/1987 60/1989 28/1993 12/1996 16/1997 25/1999 42/2000 4/2002 36/2005 13/2008] MINIMUM WAGES (EMPLOYEES IN DRUG STORES) ORDER made under section 9A Citation. Interpretation. 1. This Order may be cited as the Minimum Wages (Employees in Drug Stores) Order. 2. In this Order— “clerk” includes a salesman, counter assistant, customs clerk, cashier, and a person employed to assist in correspondence and book-keeping; 74 Labour in respect of the last-mentioned period: shall be the appropriate minimum rate of wages prescribed time than the appropriate period mentioned in the Schedule work mentioned in the Schedule for any shorter period of person employed in a drug store in any of the categories of (3) The minimum rate of wages payable to a the highest of such rates, as the case may be. minimum rates of wages are prescribed, shall be the higher or mentioned in the Schedule in respect of which different mentioned in the Schedule in more than one category of work person employed in a drug store during any period of time (2) The minimum rate of wages payable to a second column of the Schedule. Schedule shall be the appropriate rate prescribed in the the categories of work set out in the first column of the wages payable to a person employed in a drug store in any of 3. (1) Subject to this Order, the minimum rate of force. student in Pharmacy under any law for the time being in “registered student” means any person registered as a (including the cleaning of windows); messages, and cleaning premises, furniture or fittings “portering duties” includes carry goods or supplies, taking employed for portering duties; “porter” means a person who is wholly or mainly shall include a delivery boy; deliver messages and undertake portering duties, and “messenger” means a person employed to receive and the Tax Act; a licence is required to be taken out under section 24 or 25 of “drug store” means any place or premises in respect of which Schedule. wage rates. Minimum L.R.O. 1/2012 Minimum Wages (Employee in Drug Store) Order [Subsidiary] Cap. 98:01 LAWS OF GUYANA Labour 75 after one year $25,000.00 per month first appointment Registered Student Trainee $23,000.00 per month on Other unskilled employees $4,500.00 per week Porter $4,500.00 per week Messenger $4,500.00 per week Cashier $5,000.00 per week Clerk $4,500.00 per week Checker $4,500.00 per week Category of Employee Minimum Rate of Wages SCHEDULE [O. 13/2008] a higher rate. that person shall nevertheless continue to pay him wages at higher than that prescribed by this Order, the employer of commencement of this Order, in receipt of a rate of wage the categories of work mentioned in the Schedule is, at the 5. Where a person employed in a drug store in any of 4. Deleted by 6/1984. lesser rate. rate divided by six, together with twenty-five per cent of such employed shall not be less than the appropriate minimum that, however, such lesser rate per day payable to a person so less than the appropriate period mentioned in the Schedule so per week prescribed aforesaid in respect of any period of time Schedule less than the appropriate minimum rate of wages employed in any of the categories of work referred to in the Provided that an employer may pay to a person wage rates. than minimum Wages higher L.R.O. 1/2012 Minimum Wages (Employee in Drug Store) Order [Subsidiary] Cap. 98:01 LAWS OF GUYANA 76 Labour LAWS OF GUYANA Cap. 98:01 [Subsidiary] Minimum Wages (Employee in Drug Store) Order L.R.O. 1/2012 Reg. 4/1942 HOURS OF WORK (GEORGETOWN WATERFRONT WORKERS) REGULATIONS made under sections 28 and 34 Citation. c.49:04 Interpretation. Normal hours of work. c.19:07 1. These Regulations may be cited as the Hours of Work (Georgetown Waterfront Workers) Regulations, and shall apply to the City of Georgetown and to the Harbour of Georgetown, as defined in section 2 of the Transport and Harbours Act. 2. In these Regulations "waterfront worker" means any casual manual worker employed in the loading or unloading of any ship, whether such employment be on shore or on board such, or any other, ship or craft and includes winchmen, dockmen, loading hands, stevedores, sugar packers, slingmen and truckers. 3. Subject to the Public Holidays Act, the normal daily working hours for waterfront workers shall be from 7 a.m. to 11 a.m. and from 12 noon to 4 p.m. Labour 77 (3) The Register shall be kept up to date. Labour Officer. shall be produced on request for inspection by the Chief (2) The Register shall be kept on the premises and Schedule. referred to as “the Register”) in the form set out in the 4. (1) Each employer shall keep a register (hereinafter worked by a chauffeur in any week shall be seventy. (3) The maximum number of hours which may be overtime. chauffeur in excess of the normal hours shall constitute (2) Every hour or part thereof worked by a worked by chauffeur in any week shall not exceed fifty-six. 3. (1) The number of hours which may normally be Labour Officer and any Labour Officer; Officer, the Assistant Chief Labour Officer, any Senior “Chief Labour Officer” includes the Deputy Chief Labour “chauffeur” means a person employed to drive a hire car; 2. In these Regulations— Work (Hire Car Chauffeurs) Regulations. 1. These Regulations may be cited as the Hours of Schedule. hours of work. Register of hours of work. maximum Normal and Interpretation. [Reg. 20/1956] Citation. made under sections 28 REGULATIONS HOURS OF WORK (HIRE CAR CHAUFFEURS) Reg. 4/1942 L.R.O. 1/2012 Hours of Work (Hire Car Chauffeurs) Regulations [Subsidiary] Cap. 98:01 LAWS OF GUYANA 78 Labour LAWS OF GUYANA Cap. 98:01 [Subsidiary] Hours of Work (Hire Car Chauffeurs) Regulations L.R.O. 1/2012 Meal times. [Reg. 20/1956] Regulations to be posted on premises. Penalties. (4) The Chief Labour Officer may make copies of any entries in the Register and may, if he so thinks fit, remove the Register to the Department of Labour. 5. Every chauffeur shall be entitled on any day he works to an interval of not less than one and one quarter hours for a meal, commencing not earlier than 10:30 o’clock in the morning and not later than 1.00 o'clock in the afternoon; and when his duties require him to work beyond 6.00 o'clock in the evening, to an interval of one and one quarter hours for a meal between the hours of 6.00 o'clock and 8.15 o'clock in the evening. 6. It shall be the duty of the employer to keep posted up in a conspicuous place on the premises one or more copies of these Regulations. 7. Any person who commits a breach of these Regulations shall be liable to a fine of one hundred dollars. Labour 79 LAWS OF GUYANA Cap. 98:01 [Subsidiary] Hours of Work (Hire Car Chauffeurs) Regulations L.R.O. 1/2012 reg. 4 SCHEDULE THE REGISTER OF HOURS OF WORK OF EMPLOYEES Week ending .. .. .. .. .. .. .. .. .d a y Total hours worked M e a l B re a k s a .m . p .m Finish Start .. .. .. .. .. .. .. .. .. d a y Total hours worked M e a l B re a k s a .m . p .m Finish Start (2 ) Rate (1 ) N a m e s o f E m p lo y e e s 80 Labour LAWS OF GUYANA Cap. 98:01 [Subsidiary] Hours of Work (Hire Car Chauffeurs) Regulations L.R.O. 1/2012 .. .. .. .. .. .. .. .. d a y Total hours worked M e a l B re a k s a .m . p .m . Finish Start .. .. .. .. .. .. .. .. .d a y Total hours worked M e a l B re a k s a .m . p .m Finish Start .. .. .. .. .. .. .. .. .. d a y Total hours worked M e a l B re a k s a .m . p .m Finish Start (3 ) .. .. .. .. .. .. .. .. .. .d a y Total hours worked M e a l B re a k s a .m . p .m Finish Start .. .. .. .. .. .. .. .. .. d a y Total hours worked M e a l B re a k s a .m . p .m Finish Start Finish Start Labour 81 LAWS OF GUYANA Cap. 98:01 [Subsidiary] Hours of Work (Hire Car Chauffeurs) Regulations L.R.O. 1/2012 (1 1 ) R e ce iv e d t h e a m o u n t d u e ( si g n a tu re o f e m p lo y e e a n d d a te ) (1 0 ) N e t W a g e s (9 ) D e d u ct io n s (8 ) G ro ss w a g e s (7 ) O v e rt im e w a g e s. (6 ) O rd in a ry ti m e w a g e s. (5 ) O v e rt im e h o u rs w o rk e d w e e k ly i .e . to ta l in c o l. (4 ) le ss 5 6 h o u rs (4 ) T o ta l h o u rs w o rk e d w e e k ly 82 Labour Ministry stamp endorsed with Officer to be Senoir Labour Photograph of Government of Guyana ............................................. Property of the Senior Labour Officer. This Certificate is the Date of Issue Specimen Signature of Minister ……………………… OF SENIOR LABOUR OFFICER CERTIFICATE OF APPOINTMENT FORM SCHEDULE (Secs. 3(1) and 31) Act as a Senior Labour Officer Labour act under section 3(1) of the Labour herein has been appointed whose photograph appears Cde………………………… Georgetown, Guyana MINISTRY OF LABOUR No. This is to certify that reg. 2 31 of the Act shall be in the Form prescribed in the Schedule. Labour Officer and every Labour Officer referred to in section 2. The certificate of appointment of every Senior (Prescribed Forms) Regulations. 1. These Regulations may be cited as the Labour Schedule. appointment. Certificate of Citation. made under section 34 REGULATIONS LABOUR (PRESCRIBED FORMS) Reg. 13/1975 L.R.O. 1/2012 Labour (Prescribed Forms) Regulations [Subsidiary] Cap. 98:01 LAWS OF GUYANA Labour 83 projecting machine. “operator” means a person employed in a cinema to operate a property of the patrons of the cinema; preserve order or to watch over bicycles or other "guard" means a person employed by the employer to employed in a cinema; “general staff: includes ushers, ticket collectors and janitors “employee” means any person employed in a cinema; keeping of books; employed in a cinema to assist in correspondence and the “clerical assistant” means a person wholly or mainly Senior Labour Officer and any Labour Officer; Labour Officer, the Assistant Chief Labour Officer, any “the Chief Labour Officer" includes the Deputy Chief means of a cinematograph or similar apparatus; nature are given of pictures or other optical effects by “cinema” means any place where exhibitions of a public “cashier” means a person employed in a cinema to sell tickets; 2. In these Regulations— Work (Cinema Employees) Regulations. 1. These Regulations may be cited as the Hours of 24/1981] 1/1981; 1/1966A; [Reg. 17/1956; Interpretation. 1/1966A] [Reg. 17/1956 Citation made under section 28 REGULATIONS HOURS OF WORK (CINEMA EMPLOYEES) 1/1982] 24/1981 1/1966A 17/1956 8/1954 Reg. 9/1953 L.R.O. 1/2012 Hours of Work (Cinema Employees) Regulations [Subsidiary] Cap. 98:01 LAWS OF GUYANA 84 Labour LAWS OF GUYANA Cap. 98:01 [Subsidiary] Hours of Work (Cinema Employees) Regulations L.R.O. 1/2012 Normal hours of works. Schedule Overtime. Maximum hours. Register of hours of work Second Schedule Meal times. Regulations to 3. The number of hours which may normally be worked by an employee shall be as set out in the First Schedule. 4. Every hour or part thereof worked by an employee in excess of the normal hours, shall constitute overtime. 5. Except as otherwise provided in these Regulations no person shall be employed in a cinema for more than sixty hours in any one week. 6. (1) Each employer shall keep a register (hereinafter referred to as “the Register”) in the form set out in the Second Schedule. (2) The Register shall be kept on the premises and shall be produced on request for inspection by the Chief Labour Officer. (3) The Register shall be kept up to date. (4) The Chief Labour Officer may make copies of any entries in the Register and may, if he so thinks fit, remove the Register to the Department of Labour. 7. Every employee shall be entitled on any day on which he works, to an interval of not less than one and one quarter hours for a meal between the hours of 10.30 o'clock in the morning, and 1.15 o'clock in the afternoon; and, when his duties require him to work beyond six o'clock in the evening, to an interval of one and one quarter hours for a meal between the hours of 6.00 o'clock and 8.15 o'clock in the evening. 8. Deleted by 24/1981. 9. It shall be the duty of the employer to keep posted Labour 85 LAWS OF GUYANA Cap. 98:01 [Subsidiary] Hours of Work (Cinema Employees) Regulations L.R.O. 1/2012 be posted on premised. [Reg. 1/1966A] Penalties. up in a conspicuous place on the premises one or more copies of these Regulations. 10. Any person who commits a breach of these Regulations shall be liable to a fine of one hundred dollars. [Reg. 24/1981 1/1982] FIRST SCHEDULE Class of Employee Normal Hours per week Operators 45 hours Cashiers 20 hours Clerical Assistants 45 hours General Staff 48 hours Guards 48 hours 86 Labour LAWS OF GUYANA Cap. 98:01 [Subsidiary] Hours of Work (Cinema Employees) Regulations L.R.O. 1/2012 reg. 6 SECOND SCHEDULE REGISTER OF HOURS OF WORK OF EMPLOYEES Week Ending Finish Start (3 ) .. .. .. .. .. .. .. .. .. .. d a y Total hours worked M e a l B re a k s a .m . p .m Finish Start (2 ) Rate Category of work (1 ) N a m e s o f E m p lo y e e s Labour 87 LAWS OF GUYANA Cap. 98:01 [Subsidiary] Hours of Work (Cinema Employees) Regulations L.R.O. 1/2012 .. .. .. .. .. .. .. .. .. d a y Total hours worked M e a l B re a k s a .m . p .m . Finish Start .. .. .. .. .. .. .. .. .. .. .d a y Total hours worked M e a l B re a k s a .m . p .m Finish Start (4 ) .. .. .. .. .. .. .. .. .. .. d a y Total hours worked M e a l B re a k s a .m . p .m Finish Start .. .. .. .. .. .. .. .. .. .. d a y Total hours worked M e a l B re a k s a .m . p .m Finish Start .. .. .. .. .. .. .. .. .. .. d a y Total hours worked M e a l B re a k s a .m . p .m Finish Start .. .. .. d a y Total hours worked M e a l B re a k s a .m . p .m M e a l B re a k s a .m . p .m 88 Labour LAWS OF GUYANA Cap. 98:01 [Subsidiary] Hours of Work (Cinema Employees) Regulations L.R.O. 1/2012 1 2 ) R e ce iv e d t h e a m o u n t d u e ( si g n a tu re o f e m p lo y e e a n d d a te ) (1 1 N e t W a g e s (1 0 ) D e d u ct io n s (9 ) G ro ss w a g e s (8 ) O v e rt im e w a g e s. (7 ) O rd in a ry ti m e w a g e s. (6 ) O v e rt im e h o u rs w o rk e d w e e k ly i .e . to ta l in c o l. (4 ) le ss 5 6 h o u rs (5 ) T o ta l h o u rs w o rk e d w e e k ly Labour 89 Sunday the following day: Labour Day, that is to say the 1st May, or, if that day is a a Sunday, the following day, Good Friday, Easter Monday, is a Sunday, the following day, Phagwah Day, or if that day is Christmas falls on a Sunday, Eid-Ul- Azha Day, or, if that day any Sunday, Christmas Day, the day after Christmas Day if shall be employed in or about the business of a laundry on 4. No person to whom these Regulations apply not later than 6 o'clock in the afternoon. commence not earlier than 6 o'clock in the morning and end forty-four in any week, and such normal hours of work shall worked by any employee shall not exceed eight on any day or 3. The number of hours which may normally be other trade or business. on any of the afore-mentioned duties incidental to any thereto; and also where any such persons are employed bed-linen, or table-linen and on all duties incidental washing, ironing, pressing or dry cleaning of clothing, way of trade or business or for purposes of gain in “laundry” means any place where persons are employed by “employee” means any person employed in a laundry; 2. In these Regulations— Work (Laundries) Regulations. 1. These Regulations may be cited as the Hours of 9/1971] [Reg.22/1968 Off day. employee. of work for an Normal hours [Reg. 5/1961] Interpretation. Citation. made under section 28 REGULATIONS HOURS OF WORK (LAUNDRIES) 4 of 1972] 9/1971 22/1968 Reg. 4/1962 L.R.O. 1/2012 Hours of Work (Laundries) Regulations [Subsidiary] Cap. 98:01 LAWS OF GUYANA 90 Labour LAWS OF GUYANA Cap. 98:01 [Subsidiary] Hours of Work ( Laundries) Regulations L.R.O. 1/2012 Overtime. Interval for meals. Posting up of copies of these Regulations Penalty for breach. [4 of 1972] Provided that the foregoing provisions of this regulation shall not apply to any person who is employed in or about the business of a Laundry situate within the precincts of any hotel or hospital. 5. Every hour or part thereof worked by an employee in excess of the normal hours shall constitute overtime. 6. Every employee shall be entitled on any day on which he works to an interval of not less than one hour for a meal, provided that the meal hour shall commence not earlier than 11 o'clock in the morning and not later than 1 o'clock in the afternoon. 7. It shall be the duty of the employer to keep posted up in a conspicuous place on the premises one or more copies of these Regulations. 8. Any person who commits a breach of these Regulations shall be liable to a fine of one hundred dollars. Labour 91 LAWS OF GUYANA Cap. 98:01 [Subsidiary] Hours of Work (Laundries) Regulations L.R.O. 1/2012 Reg.6/1975 [5/1980 23/1981 4/2008] HOURS OF WORK (SECURITY GUARDS) REGULATIONS made under 28(1) Citation. [4/2008] Interpretation. [23/1981 4/2008] Normal hours work. [5/1980 4/2008] Off day. [4/2008] Penalties for breach. 1. These Regulations may be cited as the Hours of Work (Security Guards) Regulations. 2. In these Regulations – “security guards” means any person wholly or mainly employed to watch over any specific property except that employment only to operate or superintend the use of a gate, shall not be deemed to constitute employment to watch over property for the purposes of this definition. 3. (1) The number of hours which may normally be worked by a security guard employed on a daily or hourly basis, shall not exceed eight in any day. (2) The number of hours which may normally be worked by a security guard employed otherwise than a daily or hourly basis, shall not exceed forty four in any week. 4. A security guard employed otherwise than on a daily or hourly basis shall be allowed by his employer a continuous period of twenty four hours in every week during which he shall not be required by his employer to be on duty: Provided that any such period shall not be disregarded in reckoning the number of hours worked by a security guard. 5. Any persons who commits a breach of these Regulations shall on summary conviction be liable to a fine of one hundred dollars. 92 Labour for the sale of furniture, hardware or or mainly "hardware store" means any place or premises used solely for the sale of groceries; "grocery" means any place or premises used solely or mainly such business; the manager of person for the time being in charge of any businesses specified in the First Schedule, and includes "employer" means any person carrying on any of the made under section 8 of the Act; regulations whose wages have been prescribed by order businesses specified in the First Schedule to these "employee" means any person employed in any of the wholesale or retail trade; mainly for the sale of dry goods either by way of "dry goods store" means any place or premises used solely or a licence under section 24 or section 25 of the Tax Act; "drug store" means any place or premises required to take out means of a cinematograph or similar apparatus; nature are given of pictures or other optical effects by "cinema" means any place where exhibitions of a public 2. In these Regulations— Regulations. 1. These Regulations may be cited as the Labour (Statistics) c.80:01 Interpretation. Citation. made under section 34 LABOUR STATISTICS REGULATIONS Reg. 28/1953 L.R.O. 1/2012 Labour (Statistics) Regulations [Subsidiary] Cap. 98:01 LAWS OF GUYANA Labour 93 GROCERIES, HARDWARE STORES, DRY GOODS STORES FORM 1 SECOND SCHEDULE Cinemas Drugstores Dry Goods Store Hardware Stores Groceries BUSINESSES FIRST SCHEDULE reg. 3 reg 2 conviction to a fine of three hundred dollars. with any of these regulations shall be liable on summary 4. Any employer who contravenes or fails to comply the appropriate form set out in the Second Schedule. fourteen days of the end of each quarter a return of employees in 3. Every employer shall send to the Minister within year. June, 30th September, 31st December in any thMarch, 30 st"quarter" means the period of three months ending 31 trade; i ronmongery either by way of wholesale or retail Penalties. returns. quarterly to submit Employees L.R.O. 1/2012 Labour (Statistics) Regulations [Subsidiary] Cap. 98:01 LAWS OF GUYANA 94 Labour LAWS OF GUYANA Cap. 98:01 [Subsidiary] Labour (Statistics) Regulations L.R.O. 1/2012 AND DRUG STORES (Chapter 98:01) In accordance with regulation 3 of the Labour (Statistics) Regulations, the following particulars are submitted in respect of employees for the quarter ending.............................................................. Name of Employer. ...................................................... ............................................................................................ Nature of business .............................................................. ................................................................................................ Address of business in respect of which this return is made ..................................................................................... Age Group Sex N o . in e m p lo y m e n t fi rs t d a y o f q u a rt e r N o . ta k e n in to e n tr y d u ri n g q u a rt e r N o . d is m is se d d u ri n g q u a rt e r N o . in e m p lo y m e n t fi rs t d a y o f su b se q u e n t q u a rt e r C le rk s C a sh b o y M e ss e n g e r P o rt e r C le rk s C a sh b o y M e ss e n g e r P o rt e r C le rk s C a sh b o y M e ss e n g e r P o rt e r C le rk s C a sh b o y M e ss e n g e r P o rt e r 14 years and under 16 years 16 years and under 18 years 18 years and over M F M F M F (Signed).................................................... Employer Dated the................ day of...........................20..... Labour 95 LAWS OF GUYANA Cap. 98:01 [Subsidiary] Labour (Statistics) Regulations L.R.O. 1/2012 FORM 2 CINEMAS LABOUR ACT (Chapter 98:01) In accordance with regulation 3 of the Labour (Statistics) Regulations, the following particulars are submitted in respect of employees for the quarter ending.............................................................. Name of Employer....................................................... ............................................................................................ Nature of cinema .............................................................. ................................................................................................ Address of cinema.............................................................. ........................................................................................... 96 Labour LAWS OF GUYANA Cap. 98:01 [Subsidiary] Labour (Statistics) Regulations L.R.O. 1/2012 Age Group S ex N o . in e m p lo y m e n t fi rs t d a y o f q u a rt e r N o . ta k e n in to e n tr y d u ri n g q u a rt e r N o . d is m is se d d u ri n g q u a rt e r N o . in e m p lo y m e n t fi rs t d a y o f su b se q u e n t q u a rt e r G e n e ra l st a ff ( u sh e rs , ti ck e t co ll e ct o rs ) a n d j a n it o rs , e tc .) T y p is t o r c le ri ca l a ss is ta n ts C a sh ie rs o r t ic k e t s e ll e rs G e n e ra l st a ff ( u sh e rs , ti ck e t co ll e ct o rs ) a n d j a n it o rs , e tc .) T y p is t o r c le ri ca l a ss is ta n ts C a sh ie rs o r t ic k e t s e ll e rs G e n e ra l st a ff ( u sh e rs , ti ck e t co ll e ct o rs ) a n d j a n it o rs , e tc .) T y p is t o r c le ri ca l a ss is ta n ts C a sh ie rs o r t ic k e t s e ll e rs G e n e ra l st a ff ( u sh e rs , ti ck e t co ll e ct o rs ) a n d j a n it o rs , e tc .) T y p is t o r c le ri ca l a ss is ta n ts C a sh ie rs o r t ic k e t s e ll e rs 14 years and under 16 years 16 years and under 18 years 18 years and over M F M F M F (Signed).................................................... Employer Dated the................ day of...........................20..... Labour 97 dollars. shall be liable, on summary conviction, to a fine of forty 4. Any person who commits a breach of regulation 3 shall be kept up to date. (3) The register shall be kept from day to day and Senior Labour Officer or Labour Officer. Labour Officer, the Assistant Chief Labour Officer or any inspection by the Chief Labour Officer, the Deputy Chief (2) The register shall be produced on request for employees in the form set out in the Schedule. record of the wages, hours and conditions of work of his register (hereinafter referred to as “the register”) containing a 3. (1) In every laundry, the employer shall keep a business. aforementioned duties incidental to any other trade or any such persons are employed in any of the linen and on all duties incidental thereto; and also where pressing or dry cleaning of clothing, bed-linen or table way of trade or for purposes of gain in washing, ironing, “laundry” means any place where persons are employed by “employee” means any person employed in a laundry; 2. In these Regulations— Records Regulations. 1. These Regulations may be cited as the Laundries Offences. of work. and conditions wages, hours Register of Interpretation. Citation. made under section 34 LAUNDRIES RECORDS REGULATIONS Reg. 5/1962 L.R.O. 1/2012 Laundries Records Regulations [Subsidiary] Cap. 98:01 LAWS OF GUYANA 98 Labour LAWS OF GUYANA Cap. 98:01 [Subsidiary] Laundries Records Regulations L.R.O. 1/2012 reg. 3 SCHEDULE Register of Wages, hours and conditions of work in……… Laundry. Name of Employee Address Category of work Date of engage ment Date, month and year of birth of employee under 16 years of age Date of termination of engage ment Labour 99 LAWS OF GUYANA Cap. 98:01 [Subsidiary] Laundries Records Regulations L.R.O. 1/2012 Week ending………………….20………….. Start .d a y Total hours or pieces Finish Meal hour Start (3 ) R a te (2 ) C a te g o ry o f w o rk (1 ) N a m e o f E m p lo y e e * * When an employee undertakes more than one category of work his name should be shown separately in each category. 100 Labour LAWS OF GUYANA Cap. 98:01 [Subsidiary] Laundries Records Regulations L.R.O. 1/2012 (1 2 ) R e ce iv e d t h e a m o u n t d u e . S ig n a tu re o f e m p lo y e e a n d d a te (1 1 ) Net wages (1 0 ) Deductions (9 ) Gross wages (8 ) Overtime wages (7 ) O v e rt im e T o ta l N o . o f o v e rt im e h o u rs o r p ie ce s w o rk e d (6 ) Ordinary wages (5 ) Total ordinary hours or pieces worked (4 ) H o u rs o f W o rk .. .. .. .. .d a y Total hours or pieces Finish Meal hour Start .. .. .. .. .d a y Total hours or pieces Finish Meal hour Start .. .. .. .. .d a y Total hours or pieces Finish Meal hour Start .. .. .. .d a y Total hours or pieces Finish Meal hour Start .. .. .. .. .d a y Total hours or pieces Finish Meal hour Start .. .. .d a y Total hours or pieces Finish Meal hour Labour 101 (2) Any person who wilfully fails to comply with required by the Committee. specified such particulars as may be (c) to furnish in such manner as may be matter of the inquiry; or Committee, is relevant to the subject document which, in the opinion of the Committee and produce any (b) to attend any meeting of the the said Committee; or Committee and give evidence before (a) to attend any meeting of the the chairman, be required— 3. (1) Any person may, by notice in writing signed by under section 6 or under section 7 of the Act. “Committee” means an Advisory Committee appointed under section 7of the Act; any Committee appointed under section 6 or “chairman” means the person appointed as chairman of 2. In these Rules— section 7 of the Act. Advisory Committee appointed under either section 6 or Committees Procedure) Rules, and shall be applicable to any 1. These Rules may be cited as the Labour (Advisory made under section 36 PROCEDURE) RULES LABOUR (ADVISORY COMMITTEES Committee. Enquiry by Interpretation Citation. R. 1/1943 L.R.O. 1/2012 Labour (Advisory Committees Procedure) Rules [Subsidiary] Cap. 98:01 LAWS OF GUYANA 102 Labour LAWS OF GUYANA Cap. 98:01 [Subsidiary] Labour (Advisory Committees Procedure) Rules L.R.O. 1/2012 Vacancy in membership. Assessors. Committee’s report. Procedure. any notice in writing addressed to him under this section shall be liable, on summary conviction, to a fine of fifty dollars. 4. A Committee may continue to act notwithstanding any vacancy which may for any reason occur in its membership: Provided that this rule shall not apply in the case of a Committee appointed under section 7 of the Act if the occurrence of the vacancy causes either the employers or the employees to be without representation on the Committee. 5. A Committee may at any time, if it deems it expedient so to do, call in the aid of one or more assessors, specially qualified in the opinion of the Committee, to give assistance to the Committee in the matter under inquiry or in any matter relevant to such inquiry. 6. (1) Each report by a Committee shall be in writing and shall be addressed to the Minister. (2) Such report shall be signed by the members of the Committee who concur therein and it shall be accompanied by any report signed by any dissenting member of the Committee. (3) Such report shall be forwarded to the Minister as soon as conveniently possible after the conclusion of the inquiry or, if the Minister has requested an interim report, as soon as conveniently possible after the receipt of such request. 7. Subject to these Rules, any Committee may regulate its procedure in such manner as it may deem expedient to enable it to submit its report to the Minister expeditiously. Labour 103