The document outlines Guyana's labour laws and employee rights. It discusses the sources of labour laws, including statutory laws, common law, and custom/practice. Several key laws governing the employee-employer relationship are also mentioned, covering areas like wages, hours, leave, health/safety, termination, and more. The document also summarizes some of the main rights that employees have, such as rights to fair pay, maternity leave, severance pay, and protection from unfair dismissal.

1. z
Labour Laws and
Employee Rights
HUMAN RESOURCE MANAGEMENT

2. z
What are labour laws?
 The labour laws of Guyana provide a measure of guarantee
through procedures and institutions, for the maintenance of a
stable industrial relationship climate

3. z
Citizen’ s right to work
 According to Article 22 (1) of the Constitution of the Co-operative
Republic of Guyana
 Every citizen has the right to work and its free selection in
accordance with social requirements and personal
qualifications. He has the right to be rewarded according to the
nature, quality and quantity of his work. Women and men have
the right to equal pay for equal work.

4. z
What are the sources of labour
relationship in Guyana?
 In Guyana Labour Relations are based on three sources:
 statutory laws i.e. Acts of Parliament;
 common law, derived from courts and British jurisprudence;
and
 custom and practice, to be recognized a custom and practice
must be well known, of long duration and must be reasonable.

5. z
 The laws of Guyana prescribed provisions for the treatment of
wages, normal hours of work and over time, leave with pay,
safety, health and welfare of employees, accident and
occupational disease, termination of employment and severance
pay, the regulation and registration of industrial establishment,
collective agreements

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 There are a number of laws and regulations that make up what
is referred to as the labour laws and these laws outline the
rights and responsibilities of both the Employer and Employees.

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Laws of Guyana governing labour and
the employee and employer relationship
 LabourAct Cap. 98:01 2
 Termination of Employment
and Severance PayAct No. 19 of
1997 Cap. 99:08
 Wages Council Act Cap. 89:04
4.
 Leave With Pay Act No. 6 of
1995 Cap. 99:02
 Shops (Consolidation)Act Cap.
91:04

8. z
Laws of Guyana governing labour and the
employee and employer relationship cont’d
 Prevention of Discrimination
Act No. 26 of 1997 Cap.
99:09
 Occupational Safety and
Health Act No. 32 of 1997
 Labour (Conditions of
Employment of Certain
Workers Act No. 18 of 1978
 Trade Union Recognition Act
No. 33 of 1997 Cap. 98:07
 Employment of Young
Persons and Children Act
No. 9 Cap. 99:01

9. z
Laws of Guyana governing labour and the
employee and employer relationship cont’d
 Licensed Premises Act Cap 82:22
 Factories (Hours and Holidays)Act
Cap 95:02
 Bakeries (Hours of work)Act Cap.
99:06 ‘
 Household Service Workers (Hours of
work)Act Cap. 99:07
 Essential Services Act Cap. 54:01
 Steam Boilers Regulation Act Cap.
95:04
 Factories (Hours of Holiday) Act Cap.
95:02

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Employee’s Rights

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 Every worker being in employment shall be allowed a period of holidays with pay
of not less than one day for each completed month of employment computed from
the date of engagement.
 Every worker who is employed on a half-day basis shall have the half day counted
as a day in the computation of periods of employment and holidays with pay.
 Every worker who is employed on a daily or hourly basis, shall be allowed a period
of holidays with pay of not less than one day for every period of twenty days or
one hundred and sixty hours worked as the case may be.
 Every contract for the hiring of any employee or for the performance by any
employee of any labour wages of any shall be payable in money only. (section 19)
 Employees are entitled to be paid weekly fortnightly or monthly intervals
 Employees have a right to recover the whole or so much of the wages earned
exclusive of sums lawfully deducted.
 The statutory minimum age for employment is fifteen years.

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 Where any work is likely to jeopardize the health, safety and morals of young
persons, the age of employment shall not be less than eighteen years.
 Persons under eighteen year of age shall not be employed during the night.
 The Prevention of Discrimination Act prohibits discrimination on the grounds of
race, sex, religion, colour, ethnic origin, indigenous population, national
extraction, social origin, economic status, political opinion, disability, family
responsibilities, pregnancy, marital status or age except for purposes of
retirement or employment of minors.
 It is an offence for an employer to pay less than the prescribed or agreed rates.
 No employer shall impose, as a condition of employment, any terms as to the
place at which, or the manner in which, or the person with whom, any wages or
portion thereof, is to be expended.

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 An employer shall not, with intent to dissuade or prevent a worker from
becoming an officer, delegate or representative, threaten to dismiss, affect his
or her employment adversely or alter his or her position.
 An employee is free to join, or not to join, a trade union and can withdraw
from membership and an employer shall not make the employment of a
worker subject to the condition that he or she shall or shall not become a
member of a trade union or shall relinquish membership.
 Employees in essential services can strike if they advise the Minister of Labour
of the existence of a grievance and the Minister, within a period of one month,
failed to put machinery in place for the resolution of the dispute.
 Women workers are protected during pregnancy and after childbirth from
discrimination, disciplinary action or dismissal for her pregnancy or reasons
connected with her pregnancy by the Constitution, the Termination of
Employment and Severance Pay Act and the Prevention of Discrimination Act.

14. z
 The National Insurance Act allows
for thirteen weeks maternity leave,
starting not earlier than six weeks
before expected confinement. In
exceptional cases a further thirteen
weeks is permitted.
 Maternity benefits paid is
equivalent to 70% of the average
insurable income. Collective
Agreements usually provide for the
employer to make up the difference.

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 Severance or redundancy payments must be paid when
employees are terminated without just cause or made
redundant. The minimum entitlement shall be
equivalent to:
 - one week's wages per year for the first five years;
 - two weeks per year for the second five years; and
 - three weeks for each year after the tenth year up to a
maximum of fifty-two weeks.

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 Every worker shall be allowed a period of leave with pay of not less than one
day for each completed month of employment
 Every worker who is employed on a half-day basis, shall have the half day
counted as a day in the computation of periods of employment and leave with
pay.
 Every worker who is employed on a daily or hourly basis, shall be allowed a
period of leave with pay of not less than one (1) day for every period of twenty
(20) days or one hundred and sixty (160) hours worked as the case may be.
 Workers are entitled to an interval from work of not less than one (1) hour for
lunch or dinner as the case may be and another interval of not less than fifteen
(15) minutes for taking of a meal for every four (4) hours or part thereof worked
as overtime.

17. z
 The normal hours of work is
generally eight (8) per day
except otherwise prescribed
by statute

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Employee’s rights
against termination
of their employment

19. z
The following reasons do not
constitute good or sufficient cause
for dismissal or imposition of
disciplinary action:
A. An employee's race, sex,
religion, colour, ethnic
origin, national extraction,
social origin, political
opinion, family
responsibility, or marital
status;

20. z
 A female employee's
pregnancy or a reason
connected with her
pregnancy;

21. z
 An employee's absence from work due to compulsory military service or other
civic obligation in accordance with any law;
 An employee's participation in industrial action in conformity with the
provisions of any law or collective labour agreement;
 An employee's refusal to do any work normally done by an employee who is
engaged in industrial action as described in subsection (1) ( f);
 The filing by an employee of a complaint or the participation in proceedings
against an employer involving alleged violations of any rule or law.

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Health, safety and welfare of
employees

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Under common law the
employer has a duty
 competent and safety
conscious staff.
 adequate safe plant and
equipment
 a safe system of work
 a safe place of work

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25. z
Laws governing the health safety and
welfare of employees
In Guyana the health safety and welfare of employees are
governed by the
 The Occupational Safety and HealthAct No. 32 of 1997
 The Employment of Young Persons and ChildrenAct No. 9 Cap.
99:01
 The Labour (Conditions of Employment of Certain Workers)Act,
No. 18 of 1978

26. z
Duties and responsibilities of the
Employer to the employees
 Ensure that the equipment, materials and protective devises and
clothing as prescribed, are provided by the employer and are
maintained in good condition;
 Ensure that the physical structure of the workplace is sound with
respect to the work performed there;
 Ensure that the work in the workplace is carried out in an
environmentally safe manner;

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 Provide information, instruction, supervision, assistance and
training to the workers and others such as supervisors and
medical practitioners with respect to Workers Safety and Health;
 Assist and co-operate with the Safety and Health Committees
and Representatives;
Not to employ under aged workers or knowingly have under
aged persons in or near the workplace;

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 Take every reasonable precaution to protect the workers;
 Prepare a written Occupational Safety and Health Policy, review
it periodically and implement it in consultation with the joint
Workplace Safety and Health Committee or safety and health
representative;
 Post the Act with explanatory material and the policy in a
conspicuous position in the
workplace.

31. z
Questions

32. z
Team Members
 Yagesh Rabbylall
 Claudette Whyte
 Tomeria Benjamin
 Rovena Grosvenor
 Veeram Singh
 Lauryn Woolford
 Jasmine Rogers
 Bibi Pokhan