Minimum Wage Fixing Convention, 1970 (No. 131) - Guyana (Ratification: 1983)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2006, published th ILC session ()

The Committee notes the information contained in the Government’s report and the attached documentation, in particular the Wages Regulation Orders of 2005 establishing new minimum wage rates for various categories of workers. It also notes the Government’s indication that the tripartite advisory committee on minimum wages is not currently in operation but is expected to be reconstituted in 2007. As regards its working methods, the Government reports that the said committee holds consultations with relevant stakeholders but undertakes no official studies before formulating its recommendations.

Noting that sections 7-9 of the Labour Act (Cap. 98:01) do not explicitly provide for equal representation of employers’ and workers’ organizations in the minimum wage-fixing machinery or specify the socio-economic criteria to be taken into account in determining minimum wage levels, the Committee requests the Government to provide additional explanations as to how it is ensured in law and practice: (i) that the representative organizations of employers and workers concerned are associated in the operation of the minimum wage-fixing machinery in equal numbers and on equal terms; and (ii) that social and economic trends and indicators such as the cost of living, productivity or unemployment are duly considered, for instance, by carrying out periodical surveys of national conditions, when reviewing or readjusting minimum wage rates.

Moreover, the Committee recalls its previous comments in which it noted that the provisions of the Labour Act concerning the regulation of wages do not require the full consultation and direct participation of employers’ and workers’ representatives in the minimum wage-fixing process in all circumstances but rather leave the appointment of an advisory committee at the discretion of the Minister of Labour. Considering that the obligation to effectively consult the social partners at all stages of the minimum wage-fixing process is a core principle of the Convention, the Committee asks the Government to take all appropriate measures to bring its national legislation into full conformity with the requirements of the Convention in this regard.

Finally, the Committee would thank the Government for continuing to supply up to date information on the practical application of the Convention, including for instance the minimum wage rates applicable in different occupations in the private and public sectors, available statistics on the number of workers remunerated at the minimum wage rate, and results of labour inspection visits or other enforcement measures in respect of minimum wages.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes due note of the Government’s report and the attached documentation.

Article 4 of the Convention. The Committee notes the Government’s statement that the standing tripartite minimum wage committee, which is in operation since 1 July 1997, was established pursuant to section 7 of the Labour Act (Cap. 98:01). The Committee requests the Government to specify the statutory instrument which brought this committee into existence and set out its mandate and composition, and also to supply a copy of that instrument. The Committee also notes the Government’s indication that the new minimum wage rates for various private sector occupations, which were recommended by the tripartite minimum wage committee in May 2002, were accepted by the Minister for implementation with effect from 1 October 2002. The Committee requests the Government to specify the statutory instrument giving effect to these proposals and to furnish a copy of that instrument. In addition, the Committee asks the Government to indicate the extent to which and the methods by which the criteria referred to in Article 3 of the Convention are taken into account in determining or adjusting minimum wage levels, and to furnish copies of any relevant studies or surveys undertaken in this connection.

Furthermore, the Committee would appreciate receiving clarifications as to the present position of law and practice in respect of: (i) the appointment of wages councils for specific industries or occupations in accordance with the Wages Councils Act (Cap. 98:04); and (ii) the authority of the Minister to issue wages regulation orders without recourse to an advisory committee pursuant to the 1978 amendment of the Labour Act.

Article 5 and Part V of the report form. The Committee notes the statistical information regarding the number of inspection visits and violations observed in 2002. It requests the Government to continue to supply general information on the application of the Convention in practice, including: (i) the minimum wage rates in force in the private and public sectors; (ii) the available data on the number and different categories of workers covered by minimum wage provisions; and (iii) the enforcement of minimum wage legislation.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided in the Government’s report. In reply to the Committee’s previous comment, the Government states that based on an arbitration award, it has granted in 2000 a 26.6 per cent wage increase to all workers in the public service, while teachers and employees of semi-autonomous government agencies received a 25 per cent increase. The Committee also takes note of the detailed information supplied by the Government concerning the minimum wage rates prescribed in 1999 and 2000 for various private sector occupations.

The Committee recalls its previous comment in which it noted that a standing tripartite minimum wage committee comprising two members from each of the three social partners was set up to review regularly minimum wage rates. In this connection, it requests the Government to specify the legislative or other provisions pursuant to which this committee was established and provide full particulars on its functioning so far.

The Committee requests the Government to continue to provide in accordance with Part V of the report form general information on the application of the Convention in practice, including, for instance, the minimum wage rates in force, the approximate number of workers covered, copies of collective agreements containing salary scales, inspection reports showing the number of violations observed and the penalties imposed, and any other data available on the results of the application of the minimum wage-fixing machinery.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report in reply to its previous request. It notes in particular that, as from 1 July, a standing tripartite minimum wage committee comprising two members each from the three social partners regularly reviews rates.

The Committee also notes the various collective agreements in agriculture, the oil industry and insurance including, inter alia, salary scales. However, the Committee notes that the Government's report contains no information as regards the latest wage agreements concluded between the various public agencies and the unions concerned, including the number of public sector workers covered by such agreements. In this respect, the Committee also wishes to refer to the summary document of the World Food Programme (WFP) project "Guyana 4889 Exp.1: Multi-purpose Agricultural and Community Development Project" according to which (cf. paras. 8, 15 (social support) and 17), the minimum wage in the public sector (G$290/day) appears to be particularly low compared to that in the private sector (G$500/day). Moreover, in remote areas, workers seem to be poorly paid, whereas the cost of living is much higher than in coastal areas. The above facts have led the project to supplement the wages of hospital and teaching staff and low paid administration workers in indigenous areas with the WFP food aid (in kind).

The Committee hopes, therefore, that the Government will provide, in accordance with Article 2, paragraph 1, of the Convention in conjunction with Article 5 and point V of the report form, full and updated information concerning the minimum wage rates in force in Guyana and their application in the public sector and remote areas, together with the results of inspections carried out (e.g. the number of violations of minimum wage provisions, the penalties imposed, etc.).

[The Government is asked to report in detail in 2000.]

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report answering its previous comments. It asks the Government to provide a copy of the latest wage agreements concluded between the various public agencies and the unions concerned, and to state the number of public sector workers covered by the above agreements. Furthermore, during the direct contacts mission of May 1993, the Government stated that a tripartite subcommittee on minimum wages was to be created, and that it would meet regularly. The Committee asks the Government to provide information on progress made in the establishment of the tripartite subcommittee on minimum wages.

The Committee trusts that the Government will provide full information on the above points.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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 following matter raised in its previous direct request:

The Committee hopes that the next report will contain information on the number of workers in the public sector covered by the minimum wage system.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government concerning the branches of activity covered by the Minimum Wage Orders. It hopes that the next report will contain information on the number of workers in the public sector covered by the minimum wage system.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government concerning the minimum wages that have been fixed through the 17 Minimum Wage Orders, and the number of workers in the private sector covered by these minimum wages. The Committee requests the Government to indicate the branches of activity covered by the Minimum Wage Orders and the number of workers in the public sector covered by the minimum wage system.