LAWS OF GUYANA

Labour Cap. 98:01 3

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.

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4 Cap. 98:01 Labour

SECTION
(5) Amendment of draft order.
(6) Formal inquiry. Appearance of persons affected.
(7) Examination of witnesses on oath.
(9) Fee to person holding formal inquiry.
10. Minister to prescribe rates of wages in certain circumstances.
11. Record of wages to be kept.
12. (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.
13. (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.
14. Civil proceedings by Permanent Secretary for payment of wages
at prescribed rate.
15. Appointment of officers and power of entry and inspection.
16. Agreement in contravention of this Part void.

PART IV

RIGHTS OF EMPLOYEES AND DUTIES AND

OBLIGATIONS OF EMPLOYEES

17. Duration and mode of determination of contract.

18. Rates and particulars of wages to be notified by employer to
employee.

PART V

PAYMENT OF WAGES AND DEDUCTIONS THEREFROM

19. (1) Contracts to pay wages otherwise than in money illegal.

(2) Wages to be paid entirely in money.
20. Employee’s right to recover entire amount of his wages.
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Labour Cap. 98:01 5

SECTION
21. No contract to be made with employee as to spending wages at
any particular shop, etc.
22. (1) Advances of money in anticipation of wages.
(2) Interest, discount, etc., on advances forbidden.
23. Wages in kind.
24. Deductions from wages which are permitted.
25. Penalties.
26. Procedure for bringing actual offender before court when
employer charged.

PART VI

PROHIBITION ON PAYMENT OF WAGES IN RETAIL SPIRIT SHOP

27. Wages not to be paid within retail spirit shop.

28. Offence.

PART VII

HOURS OF WORK OF EMPLOYEES

29. Power to make regulations as to hours of work in any occupation.

PART VIII

COLLECTIVE AGREEMENTS

30. Collective agreements enforceable.

31. Meaning of “collective agreement”.
32. Regulation of terms and conditions of employment of employees
in the public sector.

PART IX

MISCELLANEOUS

33. Abstracts of Act and regulations to be displayed by employer.

34. General powers of designated officer.

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6 Cap. 98:01 Labour

SECTION
35. Certificate of appointment of Senior Labour Officer and Labour
Officer.
36. Obstruction of officer in execution of duty.
37. Offence to reveal information.
38. Injunction not to be granted against functioning of arbitration
tribunal.
39. General power of Minister to make regulations.
40. Penalty for breach of regulations.
41. Power of Minister to make rules.
42. Extended jurisdiction.
43. Institution of prosecutions by Permanent Secretary.
44. Procedure.
45. General penalty.
46. Expenses of execution of Act. How defrayed.
47. No order for attachment of wages of certain employees.

____________

1953 Ed. CHAPTER 98:01

c. 103
2 of 1942 LABOUR ACT

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. 1. This Act may be cited as the Labour Act.

Interpretation. 2. (1) In this Act—

[5 of 1974]
“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;
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Labour Cap. 98:01 7

‘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; c. 85:02

“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 Appointment

Labour Officer, an Assistant Chief Labour Officer, and such number of of Chief
Labour Officer
Senior Labour Officers and Labour Officers as may be necessary. and other
officers and
(2) There shall also be such officers and clerks in the Department clerks.
of the Chief Labour Officer as may be required. [12 of 1967]

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8 Cap. 98:01 Labour

(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

Powers of 4. (1) Where a difference exists or is apprehended between an

Minister in employer or any class of employers, and employees, or between
case of trade different classes of employees, the Minister may, if he thinks fit, exercise
disputes.
[8 of 1975] 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 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.
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Labour Cap. 98:01 9

(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 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.

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10 Cap. 98:01 Labour

(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.

(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.

Exclusion of 5. (1) The Arbitration Act shall not apply to the settlement by
c. 7:03 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.

Power of 6. (1) Where any trade dispute exists or is apprehended the

Minister to Minister may, if he thinks fit, refer any matters appearing to him to be
appoint connected with, or relevant to, such dispute or apprehended dispute to
Advisory
Committee in an Advisory Committee appointed by him for the purpose of such
case of existing reference, and the Committee shall inquire into the matters referred to
or appre- it and shall report thereon and make such recommendations as it may
hended trade deem expedient to the Minister.
dispute.

(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

Regulation of 7. (1) Whenever the Minister deems it expedient that steps should
wages. 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
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Labour Cap. 98:01 11

conditions of employment in such occupation and to make

recommendations as to the minimum rates of wages which should be
payable.

(2) The Advisory Committee shall include representatives of Constitution.

employers and employees and such other members as the Minister may
deem fit.

8. (1) On considering the recommendations of the Committee the Order

Minister may, subject to negative resolution of the National Assembly, prescribing
rates payable.
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.

(5) The expression “overtime rate” means a rate (whether a Overtime

time-rate or a piece-rate) to apply, in substitution for the prescribed rate rates.
which would otherwise be applicable, in respect of hours worked by an

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12 Cap. 98:01 Labour

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.

Procedure for 9. (1) Before the Minister makes an order under section 8(1) or (3),
making orders he shall, in such manner as he thinks best adapted for informing persons
under s. 8(1).
Notice of
affected, cause to be published notice of his intention to make the order,
intention. 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.

Objections to (2) Every objection must be in writing, and must state—

draft order.
(a) the specific grounds of objection; and
(b) the omissions, additions or modifications asked for.

Consideration (3) The Minister shall consider any objection which is made by
by Minister. 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.

Formal and (4) Before confirming the draft order the Minister—
informal
inquiries.
(a) may appoint a competent person to hold an inquiry with
regard to any draft order and to report to him thereon; or
(b) may make such other or further inquiries as he deems
necessary either through the medium of the Advisory
Committee or otherwise.

Amendment of (5) After considering all the objections made and the report of
draft order. any inquiry held or made under the foregoing provisions of this section,
the Minister may, if he thinks fit, amend the draft order.

Formal (6) On an inquiry held under subsection (4)(a), the Permanent

inquiry. Secretary or any other officer appointed by the Minister in that behalf
Appearance of and any objector or other person who appears to the person holding the
persons
affected. inquiry to be affected or the agent of such objector or other person may
appear at the inquiry.
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Labour Cap. 98:01 13

(7) The witnesses at such inquiry may, if the person holding it Examination of
thinks fit, be examined on oath, which oath that person is hereby witnesses on
oath.
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 Fee to person
such as the Minister may direct, and shall be deemed to be part of the holding formal
expenses of the Ministry in the execution of this Part. inquiry.

10. The Minister, whenever he deems it expedient, having regard to Minister to

the special circumstances of any particular class of employees in any prescribe rates
of wages in
occupation and to any representations made to him by the employees
certain
and their employer that steps should be taken to regulate the wages in circumstances.
any such occupation, may, without appointing an Advisory Committee [22 of 1978]
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).

11. It shall be the duty of every employer in an occupation in respect Record of

to which rates of wages have been prescribed to keep such records of wages to be
kept.
wages as are necessary to show that the provisions of this Part are being
[4 of 1972
complied with in respect of persons in his employment, and if he fails to 20 of 1994]
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.

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Conditions of 12. (1) If, on application in that behalf, the Permanent Secretary is
employment satisfied that any employee employed or desiring to be employed in any
of persons
occupation on time-work to which a prescribed rate is applicable is
incapable of
earning wages affected by any infirmity or physical injury which renders him incapable
at prescribed of earning that prescribed rate, the Permanent Secretary may, if he
rates. 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.

Employee to (2) Where the duration of any permit granted to an employee

inform under subsection (1) is limited the employee shall give written notice to
employer of the employer of the date on which the permit is due to expire.
duration of
permit.

Recovery of (3) Where a permit granted in respect of an employee under

sums short- subsection (1) contains a condition for the payment of wages to the
paid to
employee at a rate not less than the rate therein specified, the amount
persons
employed of wages that may be recovered from an employer of the employee
under the pursuant to section 12(2) shall as respects any period during which the
preceding permit had effect, be calculated on the basis of the rate so specified
subsection. instead of on the basis of the prescribed rate.

Penalty for not 13. (1) Where in any occupation rates of wages have been
paying wages prescribed an employer shall in cases to which the prescribed rate is
in accordance applicable pay wages to the person employed at not less than such rate
with pre-
scribed rates or clear of all deductions save as in this Act prescribed and if he fails to do
agreed rates. so he shall be liable on summary conviction to a fine of fifteen thousand,
[20 of 1994] 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 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
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Labour Cap. 98:01 15

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.

(3) 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 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.

(4) Where an offence for which an employer is by virtue of this Offences by

Part liable to a fine has in fact been committed by some agent of the agents.
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.

(5) Where an employer who is charged with an offence against Saving as to

this Part proves to the satisfaction of the court that he has used due employer
when agent
diligence to enforce the execution of this Part, and that the offence was
convicted.
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.

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Prevention of (6) Any shopkeeper, dealer, or trader, who by way of trade

evasion. makes any arrangement, express or implied, 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.

(7) 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.

(8) 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.

Civil proceed- 14. Where it appears to the Permanent Secretary, or to any officer
ings by appointed under this Part or to any officer of any Government
Permanent
Department for the time being assisting in carrying this Part into effect,
Secretary for
payment of that any sum is due by an employer to an employee by reason of the fact
wages at that wages have been paid to that employee at less than the prescribed
prescribed rate applicable, and that it is not possible to recover the sum so appearing
rate. to be due, or some part of that sum, by means of proceedings under
[12 of 1967]
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 recovery of the said sum:
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Labour Cap. 98:01 17

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.

15. (1) The Minister may appoint such officers as he may think Appointment
necessary for the purpose of investigating any complaints and otherwise of officers and
power of entry
securing the proper observance of the provisions of this Part.
and inspection.
[12 of 1967
(2) Any such officer shall have power to enter at any hour of the 19 of 1977]
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 subsection (1).

16. Any agreement for payment of wages in contravention of this Agreement in

Part shall be void. contravention
of this Part
void.

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18 Cap. 98:01 Labour

PART IV

RIGHTS OF EMPLOYEES AND DUTIES AND OBLIGATIONS

OF EMPLOYERS

Duration and 17. Every contract shall be terminated by the death of the employee:
mode of
determination
of contract. Provided that such termination shall be without prejudice to the legal
[20 of 1994 claims of his heirs, dependants or personal representatives.
19 of 1997]

Rates and 18. (1) Where an employer offers any work to an employee, he shall
particulars of inform him, either at the time of the offer or as soon thereafter on the
wages to be same day as may be practicable, whether he is to be paid for his services
notified by
employer to by the task or by the day, and at what rate for the task or day, as the case
employee. 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

Contracts to 19. (1) Except where otherwise permitted by this Part, in every
pay wages contract for the hiring of any employee or for the performance by any
otherwise than
employee of any labour, the wages of such employee shall be payable
in money
illegal. in money only, and not otherwise, and if in any such contract the whole
[8of 1960] or any part of such wages is payable in any manner other than in money,
such contract shall be and is hereby declared illegal, null and void.

Wages to be (2) Except where otherwise permitted by this Part, the entire
paid entirely in amount of the wages earned by or payable to any employee in respect
money.
of any work done by him shall be actually paid to him in money and not
otherwise.
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Labour Cap. 98:01 19

(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.

20. Every employee shall be entitled to recover from his employer the Employee’s
whole or so much of the wages earned by such employee, exclusive of right to recover
entire amount
sums lawfully deducted in accordance with this Part, as shall not have
of his wages.
been actually paid to him by his employer in money.

21. No employer shall, directly or indirectly, by himself or his agent, No contract to

impose as a condition, express or implied, in or for the employment of any be made with
employee, any terms as to the place at which, or the manner in which, employee as to
spending
or the person with whom, any wages or portion of wages paid or payable wages at any
to the employee are or is to be expended, and no employer shall by particular
himself or his agent dismiss any employee from his employment for or shop, etc.
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.

22. (1) Subject to this Part, an employer may make advances of Advances of
money to his employee in anticipation of the regular period of payment money in
of his wages. anticipation of
wages.

(2) Whenever any advance of money is made by an employer to Interest,

an employee, it shall not be lawful for the employer to make any discount, etc.,
on advances
deduction in respect of such advance on account of poundage, discount,
forbidden.
interest, commission, or any similar charge.

23. (1) Subject to subsection (2), in any occupation in which the Wages in kind.
partial payment of wages in the form of allowances in kind is customary [20 of 1994]
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

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20 Cap. 98:01 Labour

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.

Deduction 24. Nothing contained in this Part shall extend, or be construed to

from wages extend, to prevent any employer or agent of such employer, from
which are
making, or contracting to make, any stoppage or deduction from the
permitted.
wages of any employee for or in respect of—

(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:
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Labour Cap. 98:01 21

Provided that the total amount which may be stopped or deducted

from the wages of an employee in any one month under this paragraph
shall not exceed one-third of the wages of the employee in that month.

25. If any employer or his agent contravenes or fails to comply with Penalties.
any of the provisions of this Part, such employer or agent, as the case [4 of 1972
20 of 1994]
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.

26. (1) Where an employer is charged with an offence against this Procedure for
Part, he shall be entitled, upon information duly laid by him, to have any bringing actual
offender before
other person whom he charges as the actual offender brought before the
court when
court at the time appointed for hearing the charge, and if, after the employer
commission of the offence has been proved, the employer proves to the charged.
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.

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22 Cap. 98:01 Labour

PART VI

PROHIBITION OF PAYMENT OF WAGES IN RETAIL SPIRIT SHOPS

Wages not to 27. No wages shall be paid to any employee at or within any retail
be paid within spirit shop, tavern or place for the sale of any spirits, rum, wine, beer or
retail spirit
shop.
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.

Offence. 28. Every person who contravenes or fails to comply with or permits
[20 of 1994] 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

Power to make 29. (1) The Minister may make regulations prescribing the number
regulations as of hours which may normally be worked by an employee in any week
to hours of
or on any day in any occupation, and the time to be allowed by an
work in any
occupation. employer to his employee for his meals.
[19 of 1990]
(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 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.
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Labour Cap. 98:01 23

(3) This section shall not apply to a shop assistant as defined in

section 2 of the Shops Act. c. 91:04

PART VIII

COLLECTIVE AGREEMENTS

30. (1) Every collective agreement which— Collective

agreements
enforceable.
(a) is made in writing on or after the date on which this
[9 of 1984]
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 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, 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.

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24 Cap. 98:01 Labour

(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 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.
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Labour Cap. 98:01 25

(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 copy of
it in 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.

31. (1) In this Act “collective agreement” means any agreement or Meaning of
arrangement which for the time being is subsisting and— “collective
agreement”.
[9 of 1984]
(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
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—

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26 Cap. 98:01 Labour

(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.

Regulation of 32. (1) The Trades Union Congress and the Government may, in
terms and relation to employees in the public sector generally or in relation to any
conditions of
class of employees in the public sector, make an agreement or
employment
of employees arrangement in writing with respect to any of the matters in respect of
in the public which a collective agreement may be made.
sector.
[9 of 1984] (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.
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Labour Cap. 98:01 27

(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 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

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 LAWS OF GUYANA

28 Cap. 98:01 Labour

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—

(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

Abstracts of 33. (1) Every employer shall display, or cause to be displayed, and
Act and shall keep displayed, at some conspicuous place on his premises, a notice
regulations to
containing such provisions of this Act and of any regulations or orders
be displayed
by employer. made thereunder, as may be prescribed by the Minister.
[39 of 1956]
(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.

General 34. (1) Any officer of the Labour Department designated for the
powers of purposes of this section by the Minister (in this section referred to as a
designated designated officer) is empowered and authorised—
officer.
[8 of 1960
12 of 1967 (a) whenever he has reasonable cause to believe that
4 of 1972] labour is employed in any premises, to enter, inspect and
 LAWS OF GUYANA

Labour Cap. 98:01 29

examine such premises and every part thereof at any hour of [19 of 1977
the day or night whether by day or by night, and to obtain and 20 of 1994]
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 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;

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30 Cap. 98:01 Labour

(d) to require from employers generally returns giving

information as to the wages, hours and conditions of work of
their employees; and
(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 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.
 LAWS OF GUYANA

Labour Cap. 98:01 31

35. (1) Every Senior Labour Officer or Labour Officer appointed Certificate of
under section 3(1) shall be furnished with a certificate of his appointment appointment
of Senior
in the prescribed form.
Labour Officer
and Labour
(2) When visiting any premises in the execution of his duty under Officer.
this Act, every Senior Labour Officer and Labour Officer shall, if [8 of 1960]
required so to do, produce the said certificate to the employer or his
representative.

36. Any person who hinders, molests or obstructs any officer in the Obstruction of
execution of his duty under this Act shall be liable on summary conviction officer in
execution of
to a fine of three hundred dollars or to imprisonment for three months.
duty.

37. (1) The Chief Labour Officer, Deputy Chief Labour Officer or Offence to
Assistant Chief Labour Officer and every Senior Labour Officer or reveal
information.
Labour Officer shall, even after leaving the public service, maintain
[8 of 1960
secrecy concerning any manufacturing or commercial secrets or 29 of 1961
working processes which may come to his knowledge in the course of 12 of 1967]
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.

38. (1) Notwithstanding anything contained in any other written law, Injunction not
where any matter has been referred for settlement to the arbitration of to be granted
against
an arbitration tribunal under section 4, no court shall make an functioning of
interlocutory order (whether ex parte or with notice) in any cause or arbitration
matter pending before it staying, or having the effect of staying, the tribunal.
operation of the reference or granting an injunction prohibiting, or having [9 of 1984]
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,

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32 Cap. 98:01 Labour

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.

(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.

General power 39. The Minister may make regulations—

of Minister to
make regula-
tions.
(a) prescribing the form in which the information and the
[9 of 1984] 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);
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Labour Cap. 98:01 33

(d) prescribing the fees payable under section 28A(7) for

obtaining a copy of a collective agreement; and
(e) generally for the purposes of this Act.

40. There may be annexed to the breach of any regulation made Penalty for
under this Act a penalty not exceeding the sum of eighteen thousand, breach of
seven hundred and fifty dollars. regulations.
[20 of 1994]

41. The Minister may make rules— Power of

Minister to
(a) regulating the procedure to be followed by Advisory make rules.
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.

42. Any proceeding under this Act may be taken in the magistrate’s Extended
court of the district in which the contract is made or of the district in jurisdiction.
which the offence or breach is alleged to have been committed.

43. The Permanent Secretary may institute or cause to be instituted Institution of

any prosecution for the purpose of enforcing any of the provisions of this prosecutions
Act and any officer of the Department of Labour may appear as by Permanent
Secretary.
prosecutor for and on behalf of the Permanent Secretary.

44. All complaints under this Act may be heard and determined and Procedure.
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. c. 10:02

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34 Cap. 98:01 Labour

General 45. Any person who by any act or omission contravenes or fails to
penalty. comply with any provision of this Act shall, unless a penalty is otherwise
[20 of 1994] specifically provided, be liable to pay a fine of six thousand, two hundred
and fifty dollars.

Expenses of 46. The expenses of the Ministry in the execution of this Act shall be
execution of defrayed out of moneys provided by Parliament.
Act. How
defrayed.

No order for 47. No order for the attachment of the wages of any servant,
attachment of labourer or workman shall be made by the High Court or by a
wages of
magistrate’s court.
certain
employees.
[8 of 1960]
____________