Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Part-Time Work Convention, 1994 (No. 175) - Guyana (Ratification: 1997)

Article 5 of the Convention. Wage equality. Further to its previous comments, the Committee notes the Government’s reference in its report to the Labour (National Minimum Wage) Order 2022, which came into force in July 2022 and increased the hourly, daily, weekly and monthly minimum wage. The Committee notes that section 4 of the Order establishes that the minimum wage applies to the categories specified in its Schedule, as well as to all workers in similar categories earning less than the amount stipulated in section 3. The Committee takes note of this information, which replies to its previous request.

Articles 6 and 8(1)(a). Social security coverage. Employment injury benefits. The Committee notes that in response to its previous comments, the Government indicates that social security benefits are not limited to full-time workers and that eligibility is based on the payment of contributions, allowing part-time workers to access similar benefits to those of full-time workers, provided they meet the required contribution levels and other relevant criteria. The Committee further notes that: (i) under Section 5(1) of the National Insurance and Social Security (Classifications) Regulations, part-time workers earning less than 7.50 Guyana dollars weekly from any one employer, are classified as self-employed workers for that period; (ii) according to Section 12 of the National Insurance and Social Security Act and Section 3 of the National Insurance and Social Security (Self-Employed Persons) Regulations, self-employed individuals gain coverage for all benefits provided under the Act, excluding industrial benefits; and (iii) under Section 19(2) of the National Insurance and Social Security Act, industrial benefits comprise injury, disablement and death benefits. Moreover, the Committee notes that: (i) under Section 5(2) of the National Insurance and Social Security (Classifications) Regulations, if the worker's total part-time wages fall below 5 Guyana dollars in a week, they are not considered employed for that period under either the employed or self-employed categories; and (ii) Section 11 of the National Insurance and Social Security Act provides that only individuals gainfully occupied in insurable employment are eligible for standard social security benefits under the Act. Based on the above provisions, the Committee observes that self-employed workers are entitled to certain social security benefits, such as old age, invalidity, survivor’s and sickness benefits, but are not entitled to industrial benefits, including injury benefits. It also observes that workers who fall below the threshold established in Section 5(2) of the National Insurance and Social Security (Classifications) Regulations appear not be entitled to any social security protection. The Committee requests the Government to indicate: (i) if the thresholds foreseen in Section 5(1) and (2) of the National Insurance and Social Security (Classifications) Regulations have been recently updated; and (ii) in which manner self-employed workers and workers not considered either employed or self-employed are covered by employment injury benefits as required by Article 8(1)(a) of the Convention.