– Chinese business community brought ‘up to speed’ with local labour laws

THE Chinese business community has been urged to make a deliberate effort to understand and comply with the laws of Guyana, particularly those governing the labour sector.
Minister within the Ministry of Social Protection with responsibility for Labour, Keith Scott, told Chinese businessmen and women operating in Guyana that though there is a language barrier, that is not an excuse for failing to comply with the labour laws of Guyana.

“Our required laws are in English Language, which is not a first language for most of you. We recognise that, that can be bit of a challenge; but the inability to speak or understand English Language operating as you are in Guyana that is not a legitimate excuse,” Scott said, while addressing the Chinese business community on Sunday during a seminar.
The seminar, held at the Chinese Association on Brickdam, was organised by the Ministry of Social Protection and the Chinese Association. It focused on several critical laws and regulations including the Termination of Employment and Severance Pay Act; the Leave with Pay Act; the Minimum Wage Order; the Occupational Safety and Health Act; the Decent Work as a Philosophy and Practice and Terms and Conditions of Employment.
Minister Scott noted that several years ago, the legal requirements were translated into the Chinese language.

EMPLOY TRANSLATORS
To ensure compliance with the labour laws, and laws in general of Guyana, the labour minister urged the businessmen and women to employ translators.
“Every single business place should have at least one person who can speak both Chinese and English as you go about your business,” he said, while adding that “it is better to be educated on the requirement of our laws and comply with them.”

At the Department of Labour, Minister Scott noted that labour officers are being taught Mandarin to be able to effectively communicate with Chinese nationals here.
Chief Labour Officer Charles Ogle told the Chinese nationals that the Department of Labour promotes decent work.

“Decent work is about paying the minimum wage and above; it is about paying NIS, it is not only deducting the NIS, but paying over the monies to the organisation that is known as the National Insurance Scheme,” he explained.

Ogles told the Chinese businessmen and women that their workers must be granted annual or vacation leave as well as overtime pay.

“We would have instituted a minimum requirement of hours of work. Eight hours per day, 40 hours per week; however, a worker cannot work seven days per week. It is stipulated that five days per week if the worker so chooses, or you insist that they should work, they should be compensated, they should be paid overtime. Overtime is either calculated as after eight hours or after 40 hours,” he further explained.

KEEP RECORDS
The chief labour officer also implored them to keep records of wages and leave as mandated in Section 10 of the Labour Act.
On the sidelines of the seminar, Minister Scott told reporters that the record would show that Chinese businesses in the past rarely employed Guyanese; however, according to him, this trend is changing.

He said now that Chinese businesses and companies here are employing more and more Guyanese, it is important for them to become acquainted with the labour laws of the country.

Failure to pay overtime, failure to provide leave with pay, incorrect wages, and poor record of wages and leave were some of the major bugbears. Some of these breaches are still occurring; but the minister said though the department is an enforcement unit, its policy is to provide solutions to the problem, leaving the court as the last resort.
“If we can get people to understand what is required of them, then it enhances the relationship between employer as well as government; that’s why today as Sunday, we have been able to bring our people out of their homes to come and have a discussion with the Chinese.”

He noted that once a breach is detected, the Labour Unit informs the employer and calls them to a meeting, during which solutions are put forward.

Minister Scott made it clear that the Chinese community is not being targeted; pointing out that soon meetings will also be held with the Brazilians and other groups operating here.
“This country is expanding, a great amount of foreign nationals are coming in and we recognise that; and we are doing everything within our powers to make sure we reach out to foreign nationals,” he said.