Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

In its previous observations, the Committee referred to the recognition of only those unions claiming 40 per cent support of the workers, as set out in the Trade Union Recognition Act, and requested the Government to indicate any measure envisaged to ensure that, when no trade union reaches the 40 per cent threshold, bargaining rights can be granted to all unions in the bargaining unit, at least on behalf of their own members. The Committee takes note of the Government’s indication that the Trade Union Recognition Act stipulates that 40 per cent or more of the members of a bargaining unit must belong to a union to be recognized as the union for that entire bargaining unit, meaning that when a bargaining unit is contested by unions, the union with the highest number of votes will be certified and recognized as the union for that entire bargaining unit. While taking due note of the information provided by the Government, the Committee emphasizes that the representativeness requirements set by legislation to be designated as a bargaining agent may bear a substantial influence on the number of collective agreements concluded and that such requirements should be designed in a manner that effectively promotes the development of free and voluntary collective bargaining. Noting that the Trade Union Recognition Act does not contain provisions regulating cases in which no union reaches the threshold of 40 per cent support of workers to be recognized as a bargaining agent, the Committee requests once again the Government to take the necessary measures, in consultation with the most representative social partners, to ensure that the threshold established by legislation to become a bargaining agent effectively guarantees the promotion of collective bargaining within the meaning of the Convention, taking into consideration that, when the threshold is not reached, the existing unions should be given the possibility, jointly or separately, to bargain collectively, at least on behalf of their own members. The Committee reminds the Government that it may avail itself of the technical assistance of the Office.

Collective bargaining in practice. The Committee takes note of the Government’s indication that there are 18 unions currently participating in the collective bargaining agreements in the sectors of agriculture, banking, food manufacturing, insurance, retail, gasoline, government services, transportation and mining, and that since 2020, 15 collective bargaining agreements have been concluded, 8 signed in 2020 and 7 in 2021, and all are in force. Noting that the Government does not provide information on the number of workers covered by the collective agreements, the Committee requests it to provide information in this regard, and to continue to provide statistical information on the number of collective agreements concluded and in force in the country, indicating the sectors concerned.