Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Guyana (Ratification: 1966)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments, which read as follows:

1. The Committee notes that the Government’s response to the comments made by the International Confederation of Free Trade Unions (ICFTU), dated 28 October 2003, has not been received.

The Committee notes that the ICFTU claims: (1) the absence of legislation against anti-union discrimination; (2) the imposition of working conditions in the public sector by means of circulars issued by the administration, frequently ignoring collective bargaining agreements; (3) refusal by the Forestry Commission to recognize the Guyana Public Service Union (GPSU); and (4) direct negotiation by the President of Guyana with the workers of the bauxite industry, ignoring the trade union. The Committee once again requests the Government to send its observations on these matters and to ensure the full application of the Convention.

2. The Committee recalls that the Trade Union Recognition Act provides for compulsory recognition of trade unions based upon 40 per cent support of the workers and had requested the Government to indicate any measure envisaged to ensure that, when any trade union has less than 40 per cent support of the workers, bargaining rights can be granted to all unions in the bargaining unit, at least on behalf of their own members. The Committee had noted in 2003 that in its report the Government indicated that this matter will be transmitted to the representative organizations of employers and trade unions for their comments. The Committee hopes that the consultative process will be concluded soon and requests the Government to keep it informed of the views of the social partners and any measures adopted pursuant to the consultations

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.