Labour Relations (Public Service) Convention, 1978 (No. 151) - Guyana (Ratification: 1983)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 7 of the Convention. Procedures for determining terms and conditions of employment. Application of the Convention in practice. In its previous comment. the Committee requested the Government to provide updated information on the manner in which, in practice, the organizations representing the public employees participate in determining the conditions of employment of the latter.

The Committee notes that the Government limits itself to: (i) referring first to the operation of the Guyana Public Service Commission, the constitutional body responsible for determining the terms and conditions of remuneration and employment of public service workers on the basis of the principles and guidelines of the Guyana Public Service Rules and the Public Service Commission Rules; (ii) then mentioning that the Trade Union Recognition Act 98: 07 provides that where a ‘recognised workers’ organization obtains a certificate of recognition in respect of the workers in its bargaining unit, the organization and the employer shall bargain in good faith, in particular to determine collectively the terms and conditions of employment of the workers; and (iii) state that it has no further information on the application of the convention in practice.

The Committee is therefore obliged to request once again the Government to provide updated information on the manner in which, in practice, the organizations representing the public employees participate in determining the conditions of employment of the latter and to indicate in particular: (i) to what extent the public service trade unions are associated to the activities of the Guyana Public Service Commission; and (ii) whether there are collective agreements in force in the public service, indicating for each of them their scope and the number of public servants covered.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 7 of the Convention. Procedures for determining terms and conditions of employment. Application of the Convention in practice. The Committee requests the Government to provide updated information on the manner in which, in practice, the organizations representing the public employees participate in determining the conditions of employment of the latter.

[The Government is asked to reply in full to the present comments in 2023.]

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its report.

In its previous comments, the Committee had noted that the Guyana Trades Union Congress was no longer empowered to negotiate wages and other conditions of service on behalf of public sector workers, but rather that individual unions were permitted to bargain with their respective agencies. It had also noted that the management of public service agencies had to consult with the Finance Ministry to ensure that agreements reached were within government guidelines. The Committee had recalled that public service workers and their organizations should be able to participate in designing the overall bargaining framework, which implies in particular that they must have access to all the financial, budgetary and other data enabling them to assess the situation on the basis of the facts. Furthermore, the settlement of disputes arising in connection with the determination of terms and conditions of employment should be sought through negotiations between the parties or through independent and impartial machinery, such as mediation, conciliation and arbitration, established in such a manner as to ensure the confidence of the parties involved in accordance with Article 8 of the Convention.

The Committee notes from the Government's latest report that public servants, through their unions, are involved in negotiations with the Public Service Ministry on all aspects of working conditions and that discussions are presently being held on the formulation of a wages policy.

The Government is requested to specify the machinery established for the settlement of disputes in the public sector, and to supply, with its next report, copies of any valid collective agreements in the public sector.

The Committee also notes the Government's indication that statistics on the number of public employees are not yet available, but that all efforts will be made to compile them for future reports. It hopes that the Government will be in a position to provide in its next report the statistics requested under point V of the report form including, in particular, the number of public employees and of public employees' organizations, both by sectors of activity and by levels of functions.

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

The Committee notes from the Government's report that the Guyana Trades Union Congress is no longer empowered to negotiate wages and other conditions of service on behalf of public sector workers, but rather that individual unions are now permitted to bargain with their respective agencies. The Government also indicates in its report that the management of public service agencies must consult with the Finance Ministry to ensure that agreements reached are within Government guidelines. The Committee must point out in this regard that public service workers and their organizations should be able to participate in designing the overall bargaining framework, which implies in particular that they must have access to all the financial, budgetary and other data enabling them to assess the situation on the basis of the facts. In addition, settlement of disputes arising in connection with the determination of terms and conditions of employment must be sought through negotiations between the parties or through independent and impartial machinery, such as mediation, conciliation and arbitration, established in such a manner as to ensure the confidence of the parties involved in accordance with Article 8 of the Convention. The Government is therefore requested to indicate the manner in which public servants and their unions have been able to participate in the framing of the guidelines and to specify the machinery established for the settlement of disputes, as well as to supply, with its next report, copies of the Government guidelines and any valid collective agreements in the public sector.

The Government is once again requested to provide the statistics requested under point V of the report form including, in particular, the number of public employees and of public employees' organizations, both by sectors of activity and by levels of functions.

[The Government is asked to report in detail in 1996.]

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

The Committee notes that for the third year in succession 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 direct request:

The Committee notes the Government's confirmation of its understanding that the wages agreement entered into on 21 April 1987 by the Government and the Trades Union Congress is the current standard for public sector workers on this subject. The Committee requests the Government to supply information on the renegotiation, if any, of this 1987 agreement, and to supply a copy of it and of any new instrument that might have been negotiated by public employees' organizations for public employees (Article 7 of the Convention).

The Government's previous report stated that the statistics requested previously by the Committee (and set out in point V of the report form) were being compiled. Since they have not yet reached the Office, the Committee again requests the Government to transmit this information so that it has at its disposal this data throwing light on the practical application of the Convention.

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

The Committee notes that for the second year in succession 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 direct request:

The Committee notes the Government's confirmation of its understanding that the wages agreement entered into on 21 April 1987 by the Government and the Trades Union Congress is the current standard for public sector workers on this subject. The Committee requests the Government to supply information on the renegotiation, if any, of this 1987 agreement, and to supply a copy of it and of any new instrument that might have been negotiated by public employees' organizations for public employees (Article 7 of the Convention).

The Government's report states that the statistics requested previously by the Committee (and set out in point V of the report form) are being compiled. Since they have not yet reached the Office, the Committee again requests the Government to transmit this information so that it has at its disposal this data throwing light on the practical application of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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 direct request, which read as follows:

The Committee notes that the judgement of 28 October 1987 of the Court of Appeal of the Supreme Court of Guyana declares unconstitutional and void certain sections of the Labour (Amendment) Act, No. 9 of 1984. (This was noted in the context of Case No. 1330 by the Committee on Freedom of Association, see 256th Report, para. 17, approved by the Governing Body in May-June 1988.)

The Committee also notes the Government's confirmation of its understanding that the wages agreement entered into on 21 April 1987 by the Government and the Trades Union Congress is the current standard for public sector workers on this subject. The Committee requests the Government to supply information on the renegotiation, if any, of this 1987 agreement, and to supply a copy of it and of any new instrument that might have been negotiated by public employees' organisations for public employees (Article 7 of the Convention).

The Government's report states that the statistics requested previously by the Committee (and set out in point V of the report form) are being compiled. Since they have not yet reached the Office, the Committee again requests the Government to transmit this information so that it has at its disposal this data throwing light on the practical application of the Convention.

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

The Committee takes note of the information provided by the Government in reply to its previous direct request, in particular the judgement of 28 October 1987 of the Court of Appeal of the Supreme Court of Guyana which declares unconstitutional and void certain sections of the Labour (Amendment) Act, No. 9 of 1984. (This was noted in the context of Case No. 1330 by the Committee on Freedom of Association, see 256th Report, para. 17, approved by the Governing Body in May-June 1988.)

The Committee also notes the Government's confirmation of its understanding that the wages agreement entered into on 21 April 1987 by the Government and the Trades Union Congress is the currect standard for public sector workers on this subject. The Committee requests the Government to supply information on the renegotiation, if any, of this 1987 agreement, and to supply a copy of it and of any new instrument that might have been negotiated by public employees' organisations for public employees (Article 7 of the Convention).

The Government's report states that the statistics requested previously by the Committee (and set out in point V of the report form) are being compiled. Since they have not yet reached the Office, the Committee again requests the Government to transmit this information so that it has at its disposal this data throwing light on the practical application of the Convention.