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

Guyana

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1966)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1971)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 6 and 10 of Convention No. 81 and Articles 8 and 14 of Convention No. 129. Status and conditions of service of labour inspectors and number of labour inspectors. The Committee previously noted from the annual report of the Labour and Occupational Safety and Health Department (LOSHD) that, due to resignations or non-renewal of contracts, the number of labour inspection staff significantly decreased, and that it was not possible to find suitable candidates to fill the vacant positions. The Committee further recalled its earlier observation, according to which the salary of labour inspectors was less than half that of tax inspectors and approximately half that of National Insurance Scheme Inspectors. The Government indicates that, in 2021, the Ministry of Labour filled all the vacancies for labour officers and that promotion from labour officer to senior labour officer is possible and is based on performance. The Government indicates that a total of 12 labour officers and nine occupational safety and health (OSH) officers were hired in 2021. The Committee notes the Government’s indication that salary scales have not been revised, but are comparable with those in the public service. The Committee requests the Government to continue to provide information on the total number of labour inspectors and to indicate the number of new recruitments and promotions of incumbent staff. It also requests the Government to provide details on the salary scale and career stability of labour inspectors and to provide a comparison in relation to those of other similar categories of public officials, specifically including tax inspectors and National Insurance Scheme Inspectors.

Articles 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Annual labour inspection reports. Concerning the Committee’s previous comment on the establishment of a register of workplaces liable to inspection and the number of workers employed therein, the Government indicates in its report that there is a requirement for industrial workplaces to register with the Ministry of Labour on a yearly basis by, for example, indicating the number of workers being employed. The Government notes, however, that not all industrial establishments are registering with the Ministry and that efforts are being made to ensure that this registration takes place. The Government indicates that employers are informed that the failure to register with the Ministry of Labour is a breach of the OSH Act and that legal actions may be instituted against them. For the years 2020 and 2021, a total of 424 workplaces were registered, mainly for businesses located in Region 4. The Government notes that a strategy is being designed to establish a similar system in other regions to facilitate the registration process. The Committee notes the Government’s indication that ILO technical assistance would be welcomed to establish a recording system to facilitate the registration of workplaces. The Committee notes that no labour inspection report was transmitted to the ILO and that the Government report contains limited information on the activities of labour inspectors for 2021, such as the number of inspection visits, the number of charges filed and the number of non-fatal occupational accidents in the agricultural sector. Therefore, the Committee requests the Government to pursue its effort to ensure that the labour inspection report is compiled and published in accordance with Article 20 of Convention No. 81 and Articles 25 and 26 of Convention No. 129 and that such report contains information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee hopes that the technical assistance requested by the Government will be provided in the near future, with a view to ensuring the establishment of a register of enterprises and full compliance with Articles 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129.

The Committee is raising other matters in a request addressed directly to the Government.