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

Guyana

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1966)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1971)
Labour Administration Convention, 1978 (No. 150) (Ratification: 1983)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

A. Labour inspection

Articles 3(1)(a) and (b), 5(a), 7(3), 13, 17 and 18 of Convention No. 81 and Articles 6(1)(a) and (b), 9(3), 12(1), 18, 22, 23 and 24 of Convention No.129. Enforcement and advisory functions of labour inspection. 1. Enforcement mechanisms and cooperation with the justice system. Further to its previous comments, the Committee notes the Government’s indication that the Ministry of Labour filed 42 charges against employers between 2022 and 2023. Of these cases, one resulted in a conviction, while the remaining cases were solved through conciliation facilitated by the courts. The Government also indicates that as of 2023, there are two attorneys at law who function in the capacity of legal officers/prosecutors for the labour inspectorate. The Government further indicates that the two attorneys facilitated four training sessions for the Department of Labour (one in collaboration with the Guyana Police Force and the Office of the Director of Public Prosecutions) to address challenges and deficiencies such as evidence collection, drafting and filing charges and preparing witness statements. The Committee requests the Government to continue to provide detailed information on the enforcement activities of the labour inspectorate, and once again requests that this information includes not only the detection of infringements, but also the issuance of non-compliance notices. While noting the Government’s indication that prosecution is used at the last stage of the dispute resolution mechanism, the Committee requests the Government to indicate the number of cases in which inspectors initiated or recommended prosecution and their outcome (number of convictions in relation to the infringements reported, amount of penalties imposed, etc.), including in the agricultural sector.

2. Activities of the labour inspectorate in the area of occupational safety and health (OSH). The Committee notes the Government’s indication that in 2022, a total of 1,324 OSH inspections were conducted, including 234 in high-risk workplaces, while 950 OSH inspections were carried out in both high-risk and low-risk workplaces in 2023, covering approximately 8,000 workers. The Committee also notes that in 2022, 625 accident reports were received, of which 184 were investigated, including 20 fatalities. Of these accidents, 56 per cent occurred in the agriculture sector. In 2023, 577 accident reports were received and 175 of these were investigated, also including 20 fatalities. The Government indicates that most of the fatalities occurred in the construction and mining sectors, while the majority of non-fatal accidents (63 per cent) occurred in the agriculture sector. Additionally, the OSH Department received 21 complaints in 2022 and 28 in 2023, all of which were investigated. Regarding OSH training for labour inspectors, the Government indicates that in 2022, 16 OSH Department staff members developed training programmes on various topics, such as safety and emergency procedures in the oil and gas sector, maritime safety, oil spill response, construction safety, agricultural safety and risk assessment. In 2023, training focused on inspection techniques, prosecution techniques, occupational hygiene measuring equipment and safety in offshore installations. The Committee also notes the Report on a review of the OSH inspection process of the Ministry of Labour published in 2023, which concluded that workplaces were not effectively monitored by the OSH Department to determine whether corrective actions were taken by employers to protect workers' safety and health, and that fines and penalties were not issued against workplaces that were in violation of OSH laws and regulations. The Committee requests the Government to provide detailed information on the outcome of the investigations conducted in relation to industrial accidents, as well as on other enforcement activities of labour inspectors in the field of OSH. In light of the large number of occupational accidents in the agricultural sector, the Committee requests that the Government provide information on any steps taken to focus greater attention on safety and health risks in the agricultural sector. In addition, the Committee requests the Government to continue to provide information on the OSH training delivered to labour inspectors, including the subject matter of the sessions and the numbers of persons attending each session.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties entrusted to labour inspectors. The Committee notes the Government’s indication that the core functions of labour inspectors/officers remain unchanged: inspections are conducted three days per week, while the remaining two days are spent in the office, resolving disputes between employers and workers and providing advice to both parties. The Government also emphasizes the role of conciliation in conflict resolution, stating that 98 per cent of complaints received in 2022 and 97 per cent in 2023 were successfully settled by labour officers. In 2023, a total of 20 complaints were related to the agriculture sector. The Committee recalls that, pursuant to Article3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of those primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee requests the Government to provide detailed information on the measures taken or envisaged to ensure that the conciliation functions entrusted to labour officers do not interfere with the effective discharge of their primary duties or prejudice in any way their authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Articles 11 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Material resources of the labour inspectorate and frequency of inspection visits. Material and logistical resources, including transport facilities, and safety of labour inspectors. Further to its previous comment, the Committee notes the information provided by the Government that the Ministry of Labour maintains collaboration with other bodies to maximize the number of workplace inspections, including the Guyana Geology and Mines Commission, the Guyana Forestry Commission, the Ministry of Natural Resources, the Ministry of Home Affairs and the Guyana Police Force. Additionally, the Government reports that over the last two years, the Ministry has acquired seven all-terrain vehicles and four motorcycles to facilitate inspections in remote and hinterland areas, and that these resources have enabled the department to exceed its inspection targets by 17 per cent in 2023. The Committee requests the Government to continue to provide information on the measures taken to ensure that all workplaces are inspected as often and as thoroughly as necessary, including in remote areas and in the agricultural sector.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification to the labour inspectorate of industrial accidents and cases of occupational diseases. The Committee notes the Government’s indication that mechanisms are in place with regional hospitals and health centres in rural and hinterland areas, allowing OSH officers to be informed of workplace accidents that require workers to seek medical attention. The Government also states that the Ministry continues to hold regular awareness sessions with workers and joint workplace safety and health committees to emphasize the importance of reporting workplace accidents. Regarding the agriculture sector, the Government reports that most accidents occurred in the sugar cane industry, primarily due to manual production methods. The Government also informs that there has been an increase in production in the sugar industry since 2021, which has contributed to the higher number of accidents. In relation to the reporting of occupational diseases, the Government indicates that the matter has been referred to the National Advisory Council on Occupational Safety and Health (NACOSH), which is considering adopting the ILO's list of occupational diseases in its entirety, and that regulations are being developed to modify the OSH Act. The Committee also notes the Report of the Auditor General on a review of the OSH inspection of the Ministry of Labour, which indicated that a Recording and Notification of Occupational Accidents and Diseases (RNOAD) system was developed with the support of the Office. However, the report states that, due to staffing issues, the system was not fully functional at the time of the audit. The Committee requests the Government to provide additional information on the implementation of the notification system for occupational accidents and diseases. The Committee also requests the Government to continue to provide information on the measures taken to ensure that labour inspectors are notified of both industrial accidents and cases of occupational disease so that they are in a position to identify the occupational risks inherent in the various activities carried out in the workplaces liable to inspection and can take appropriate preventive measures. The Committee further requests the Government to continue to provide information on the number of occupational accidents and diseases notified to labour inspectors, disaggregated by sector to the extent possible.

Articles 5(a) and 21 (c) of Convention No. 81 and Articles 12(1) and 27(c) of Convention No. 129. Workplaces liable to inspection. Cooperation with other institutions engaged in similar activities. The Committee notes that the Report of the Auditor General on a review of the Ministry of Labour's OSH inspection process, verified that the OSH Department’s registration processes were not effectively implemented to enforce the registration of newly established workplaces or of those due for annual re-registration. A comparison of registrations with those kept by the Deeds and Commercial Registries Authority showed that over 99 per cent of new workplaces were not registered by the OSH Department. The Committee requests the Government to provide information on the measures adopted to ensure that the OSH Department has updated statistics on all workplaces liable to inspection, including the strengthening of the registration process and cooperation with other government services for data-sharing.

B. Labour Administration

Articles 1, 4 and 6 of the Convention No. 150. Functions of the labour administration system. The Committee notes the Government's reference to the structure of the Labour Administration Services Department within the Ministry of Labour, which includes the following units: the Department of Labour (DOL), the OSH Department, the Central Recruitment and Manpower Agency (CRMA), the Labour Market Information Unit (Statistical Unit) and the Board of Industrial Training (BIT). The Government indicates that each unit has specific responsibilities: the DOL is tasked with conciliation and mediation services, labour inspection, education and advisory services, trade union recognition, combating child labour and producing ILO reports; the OSH Department conducts occupational safety and health inspections; the CRMA registers and places job seekers, enlists employers for registration with the Job Bank, trains job seekers and regulates recruitment agencies; the BIT is responsible for apprenticeship and vocational training; and the Statistical Unit conducts labour market surveys and manages learning systems.

Furthermore, the Government refers to some of the achievements of the labour administration system since 2020. Regarding the operation and coordination of the labour administration system, the Government indicates that the Ministry of Labour has decentralized its services across the country’s ten administrative regions. It has also partnered with several international organizations to train its officers in areas such as migrant issues and child labour, and to develop formal and informal policies addressing these subjects. Finally, the Government notes that it has initiated a process to review the country’s labour legislation. The Committee requests the Government to provide more information on the functioning of the labour administration bodies at the national and regional levels, as well as on the measures taken to ensure that the tasks and responsibilities entrusted to these bodies are appropriately coordinated.

Article 5 of the Convention. Functions of the tripartite Committee. The Committee notes the Government's indication that the National Tripartite Committee (NTC) is composed of 18 members, with six representatives each from the Government, the Trade Unions Congress and the National Employers Organization, and is chaired by the Minister of Labour. The Government states that the NTC operates with five sub-committees focusing on the following areas: minimum wages, legislation, and disputes; ILO matters; the OSH Council; training, placement, and the Labour Market Information System (LMIS); and social services. The Government also indicates that, under the guidance of the Minister and Chairman, the NTC prioritizes issues of national importance, such as labour and skills shortages and labour migration. The Committee takes note of this information, which addresses its previous request.

Article 10. Staff, status, material means and financial resources of the labour administration system. The Committee notes the Government’s indication that the Ministry of Labour currently employs 20 labour officers, 10 co-operatives development officers, 8 OSH officers and 7 recruitment and manpower officers. The Government indicates that all these staff members are public servants and that their employment contracts are reviewed and approved by the Public Service Ministry. The Committee also notes the Government's reference to the job descriptions and qualifications required for each of these positions. The Government further indicates that the costs for employment and those related to the material and other financial resources are provided by the Government through the Ministry of Labour. The Committee requests the Government once again to describe the criteria and procedures followed for the recruitment of labour administration staff, including executive staff. The Committee also requests the Government to provide specific information on the measures taken to ensure that the staff of the labour administration system have the material and financial resources necessary for the effective performance of their duties.