Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 140) sur le congé-éducation payé, 1974 - Guyana (Ratification: 1983)

Articles 2 and 6 of the Convention. Formulation and application of a policy designed to promote the granting of paid educational leave. In its previous comments initially made in 2014, the Committee requested the Government to indicate the content and scope of the policy to promote the granting of paid educational leave for the purposes specified in Article 2 of the Convention, and to communicate the texts in which the policy was expressed. In addition, the Committee reiterated its request that the Government provide full particulars on the measures taken or envisaged to give effect to these provisions of the Convention. The Committee notes the Government’s indication that several initiatives and educational schemes that provide paid education leave are implemented in some public sector institutions. The Government adds that the paid education leave policy in the public sector is implemented primarily through scholarships, which are made available by the Government, through bilateral agreements with funding agencies, and partner countries. The Government nevertheless indicates that there are no policy statements in the forms of circulars or rules regarding paid education leave in the public sector. With respect to the implementation of the Convention in the private sector, the Government indicates that companies design their arrangements and policies regarding paid educational leave in consultation with workers’ organizations. The Committee once again recalls that Article 2 of the Convention requires the Government to formulate and apply a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave for the purpose of: occupational training at any level; general, social and civil education; and trade union education in consultation with the social partners (Article 6). Moreover, the Government refers to the Decent Work Country Programme 2017–2021, which envisaged the adoption of measures to review and improve the apprenticeship system within the Board of Industrial Training, including extending its focus to cater for the emerging oil and gas industry, and ensuring that industry needs are accurately assessed and addressed. The Government indicates that, in a letter dated 4 March 2020, it requested ILO technical assistance to review its apprenticeship programme with a view to identifying the necessary amendments to be made. Following the review, the proposed amendments would be placed on the agenda of the National Tripartite Committee for its consideration and action. Finally, the Government indicates that the labour legislation is currently under revision to better reflect modern realities and to ensure that it is consistent with the Guyanese Constitution. It adds that consultations with the social partners are envisaged in this regard. The Committee requests the Government to provide detailed and updated information on the formulation and implementation, in collaboration with the social partners, of measures to promote the granting of paid educational leave for the purpose of training at any level, as well as for general, social, civic and trade union education, in accordance with Article 2 of the Convention, and to provide the respective texts. Noting that the labour legislation is currently under revision, the Committee requests the Government to provide a copy of the new legislation once adopted and provide information on the content and outcomes of the amendments made to the labour legislation relevant to matters covered under the Convention. The Committee also requests the Government to provide detailed updated information on the status of the review of the apprenticeship system.

Articles 5 and 6. Arrangements for paid educational leave through collective agreements. Consultation with the social partners. In its previous comments, the Committee requested the Government to provide information on the arrangements in place to enable the participation of employers’ and workers’ organizations and institutions providing education or training in the formulation and application of the national policy for the promotion of paid educational leave. The Committee notes the Government’s indication that it intends to place the issue of the promotion of paid education leave before the National Tripartite Committee to ensure the participation of representatives of the Government as well as of workers’ and employers’ organizations. The Committee requests the Government to provide detailed updated information on the content, frequency and outcomes of the tripartite consultations held within the National Tripartite Committee with regard to matters covered under the Convention. In addition, the Government is requested to provide information regarding collective agreements that provide for paid educational leave and the manner in which these provisions are implemented.

Article 8. Non-discrimination. In response to the Committee’s previous comments, the Committee requested the Government to provide information, including statistical data disaggregated by sex, on the apprenticeship training opportunities available to boys and girls. Moreover, the Committee noted that the Industrial Training Act regulates apprenticeships, but that section 3(1) of the Act refers only to male apprentices (boys), which could be interpreted to exclude girls. In this regard, the Committee invited the Government to consider amending the Act to extend apprenticeships to both male and female apprentices. It also requested the Government to provide particulars regarding the measures taken to ensure that groups in vulnerable situations have access to paid educational leave. The Committee notes the Government’s references to article 149(1)(a) of the Constitution of the Co-operative Republic of Guyana, which provides that no law shall make any provision that is discriminatory either of itself or in its effect. The Government indicates that, therefore, section 3(1) of the Industrial Training Act must be applied without regard to sex. The Government adds that both women and men have access to apprenticeship programmes throughout the county. The Government reports that, during the period 2009–19, the Board of Industrial Training registered 756 apprentices, 95.9 per cent of whom were men and 4.1 per cent were women. In addition, credentials were awarded to 631 apprentices of which 96.98 per cent were men and 3.02 per cent were women. In 2020, the Board of Industrial Training registered 191 apprentices, of which only 6 per cent were women. The Government does not provide information on measures taken or envisaged to ensure that section 3(1) of the Industrial Training Act promotes equal access to apprenticeships to both women and men. Moreover, the Government does not provide information on the measures taken to ensure that groups in vulnerable situations have access to paid educational leave. Noting the extremely low rate of participation of women in apprenticeships, the Committee encourages the Government to take measures to promote their equal access to and participation in apprenticeship programmes across the country as well as across all sectors. The Committee also invites the Government to consider amending the Industrial Training Act to explicitly refer both to female and male apprentices and to explicitly extend apprenticeships to both male and female apprentices. It requests the Government to continue to provide updated statistical information, disaggregated by age and sex, on the number of participants in apprenticeships. The Committee also reiterates its request that the Government provide information on the measures taken to ensure that groups in vulnerable situations have access to paid educational leave.

Application of the Convention. Part V of the report form. The Committee notes that the Government does not provide information on the number of workers who benefited from paid educational leave during the reporting period. The Committee therefore reiterates its request to the Government to provide a general appreciation of the manner in which the Convention is applied, including, for example, results of inspections, extracts from reports, studies and surveys, as well as statistics disaggregated by sex on the number of workers who have benefited from the various arrangements for paid educational leave (for the purposes of vocational training, general, social and civic education, and trade union education) during the period covered by the report.