Anna Regina town clerk has breached labour laws

THE town clerk of the Anna Regina Town Council has issued letters to all labourers, tractor operators, rangers and clerks of market new working hours: Monday, Tuesday, Thursday Friday, for which is in total breach of the new labour laws of 40 hours beginning from Monday to Friday which was presented by the Minister of Labour, Mr. Nanda Kishore Gopaul to Parliament and assented to by the President in 2012.

In her letter to these workers, she has created her new laws by setting the working hours Monday,Tuesday,Thursday,Friday:07:00 hrs -11:00 hrs -12:00 hrs-16:00 hrs with Wednesdays and Saturdays being from 07:00 hrs -11:00 hrs,( four hours ) this is a total breach of the new labour laws as Saturday is not a working day.
According to the labour laws, these workers are entitled to overtime on Saturdays and it cannot be computed to make up the normal 40 hours per week. In her letter to these workers, she has implicated the subject minister that this new arrangement is as a result of the new work hours which were set out in a letter to her by the Ministry of Labour. This new arrangement she claimed was ventilated and discussed at the last Council’s statutory meeting held 2013-11-2013, where it was unanimously approved.
Clarity for working half days on these two days was also being approved by the Ministry of Labour. I wish first of all to point out that the town clerk and the Council cannot alter a worker’s contract of employment which is a legal agreement and working hours with the Ministry of Labour, which sets out the worker’s rights and duties. These workers have over 20 years of service and were issued a letter of appointment, job description a written contract of employment, pay and hours of work which have been made part of their work contracts.
Regulations were made under the new 40 hours under Acts of Parliament fixing the minimum wage, rate of paydays and hours of work, holidays with pay and overtime. Whatever was assented to by the President of Guyana cannot be altered by the Ministry of Labour the council nor the town clerk; these are legal duties towards the employees, they have to obey the labour laws. All employees, including labourers, cleaners, tractor operators, manual workers, clerks and watchmen have their entitlements fixed by law.
Consensus was reached on all provisions of the Bill before it was submitted to Parliament and all employers were notified in lieu of the new minimum wage, hours and days of work. It is however, regretted that the town clerk could not find it convenient to issue the clarification needed of the new Bill through the Ministry of Labour before she committed a breach by implementing her own laws.

MOHAMED KHAN

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