Parliament cannot dismiss workers willy-nilly

…says Labour Minister
…proposed cuts by AFC will result in violation of workers’ rights
MINISTER of Labour, Dr. Nanda Gopaul, yesterday made an appeal before the National Assembly for members to “respect the rights of workers to be employed and these rights should be protected”
This call came as a result of the proposal by the Opposition Alliance For Change (AFC) to cut allocations to three ministries, which could result in hundreds of contracted public sector employees going home.
The sitting scheduled to begin at 14:00hrs, was delayed for three hours. Hundreds of workers from three government ministries – Housing and Water; Tourism, Industry and Commerce; and Culture, Youth and Sport turned up in protest in downtown Brickdam, a short distance away from Parliament Buildings, to voice their concerns over the proposal by the Alliance For Change (AFC) to cut allocations to these ministries, through a motion which was circulated to the House on Tuesday, proposing amendments to be moved in the Committee of Supply of the National Assembly to the Estimates of Expenditure for the Financial Year 2012, a move that could have seen them losing their jobs. Some staffers attached to the Parliament office were also part of this exercise.
When the session got started at 17:00hrs, Speaker Raphael Trotman informed the House that during the delay, members of the government side and members of the Opposition were conferring as to issues “pertaining to the budget in general and more specifically, to issues as they pertain to the estimates to be deliberated upon today”.
Before the beginning of the Consideration of the 2012 Estimates of Expenditure in the Committee of Supply, Minister of Labour Dr. Nanda Gopaul was allowed to deliver a statement in the Assembly.

“I rise to address this Honourable House in my capacity as Minister of Labour. I am of the firm view that as Minister of Labour of all Guyana, I represent the interest of employers and employees, and it is my duty and responsibility to ensure a level playing field for both workers and employers alike,” he said.

He said he is also of the firm view that “I should protect workers’ rights and ensure that our employment laws are observed by all”, and that the rights afforded to workers under these laws are scrupulously observed.
“Yesterday evening, I observed a document emanating from the Honourable Member Mr. Khemraj Ramjattan (AFC), in which he was giving notice to the Committee of Supply of the National Assembly to reduce the provisions in the estimates of a number of agencies”.
He said of particular concern is the slashing of employment costs in those agencies, particularly as they relate to contracted employees.
“If such a decision were to be taken, the government will in effect be forced to bring an immediate end to hundreds of public sector employees within government departments and agencies. Such an action will result in a flagrant violation of the affected employees terms and conditions of employment and would be a breach of the termination of Employment and Severance Pay Act,” he pointed out.
Adding, “What we are witnessing today, Mr. Speaker, is the first time in the living history of this Parliament and perhaps in Parliaments around the world, where Opposition legislators are proposing the immediate dismissal of workers for reasons other than economic or that of affordability”.
He said this country is blessed with the economic wherewithal to provide decent employment for all public servants currently on roll.
“If there is an intention to cause the dismissal, sending home, or bringing to an end the contract of any employee in the public service, then recognition must be given to the terms and conditions of the employee’s contract and the protection offered to them under those terms and under the termination of Employment and Severance Pay Act, he stated.
He said for any worker to be sent home or be dismissed, Section 12 of the Act becomes relevant, and outlined some of the conditions under which workers can be terminated.
He said should it become necessary to terminate workers under those existing conditions, then a clear minimum of one month’s notice must be given to the workers representatives and the Chief Labour Officer, and any violation of the terms of the Act shall cause the employer to be liable on summary conviction to a fine and imprisonment for a period of three months.
The Labour Minister said one can dismiss for cause, but then again the provisions of the Act should be observed.
“The Parliament therefore, Mr. Speaker, cannot willy nilly and by the stroke of a pen or the scissors send home in an arbitrary manner, hundreds of workers. I therefore appeal to this Honourable House to respect the rights of workers to be employed and their rights should be protected,” he urged.

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