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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Guyana (Ratification: 1966)

Article 4 of the Convention. Promotion of collective bargaining. In its previous comment, the Committee requested the Government to take the necessary measures to ensure that when the 40 per cent threshold set out in the Trade Union Recognition Act, is not reached, the existing unions should be given the possibility, jointly or separately, to bargain collectively, at least on behalf of their own members. The Committee notes the Government’s indication that section 21 of the Trade Union Recognition Act allows for a union to be certified as a majority union even if it garners less than 40 per cent support, provided the secret ballot includes at least 40 per cent of the workers, when two or more trade unions have applied to be recognized as a majority union for the same bargaining unit. While taking due note of this information, the Committee remains concerned that this is the only circumstance under the Act where a union can engage in collective bargaining without meeting the 40 per cent threshold. The Committee observes in particular that according to section 20 of the Act, when only one union seeks recognition to be able to bargain collectively, it will be certified as the majority union only if at least 40 per cent of the workers comprised in the appropriate bargaining unit support it on the application date. Recalling that it has been addressing this matter since 1999, the Committee urges the Government to take, in consultation with the most representative social partners, all necessary measures to ensure that the thresholds established by legislation to become a bargaining agent effectively guarantee the promotion of collective bargaining, including by adding provisions to ensure that, if the threshold is not met, existing unions are still granted the opportunity to engage in collective bargaining, either jointly or individually, at least on behalf of their own members.

Collective bargaining in practice. The Committee notes the Government’s indication that (i) between 2020 and 2023, many collective agreements were signed in various sectors including, but not limited to, agriculture, telecommunications, security, utilities, distribution, insurance, banking, gasoline, retail, government services and manufacturing; (ii) while the exact numbers remain unavailable, approximately 9,475 workers were covered by the 22 collective agreements signed in 2021, 8,136 were covered by the 21 collective agreements signed in 2022 and 8,131 were covered by the 18 collective agreements concluded in 2023, amounting to a total of 25,742 workers; and (iii) in 2024 (until August), eight collective agreements were signed between four trade unions and eight employers. Taking due note of this information, the Committee invites the Government to continue to provide statistical information on the number of collective agreements concluded and in force in the country, indicating the sectors concerned and the number of workers covered.