THE development of any society is contingent on its most vital and valuable resource — its human capital. Workers and employers share a symbiotic relationship wherein, without the input of the former, the wheels of production, distribution and consumption grind to a halt, and the latter — with their goods and services — are compromised; and even breaking-even, much less being profitable, becomes daunting. As such, a stable industrial environment redounds to the benefit of the employer, worker, and society as a whole; and in pursuit of a nation’s holistic development, it becomes incumbent upon government to foster and maintain that conducive environment.
Yet, within recent years, there has been serious breakdown in the worker/employer relationship, evident in instances wherein workers were not paid the stipulated national minimum wage; or were not paid at all for their labour; or were deprived of holiday, sick and vacation payments; or were fearful to speak out, lest they be fired; or were forced to sign in wage books for amounts greater than what they had received; or had NIS contributions deducted from their emoluments and not paid over to the Scheme; or were made to work under hazardous and unhealthy conditions; or were occasionally forced to work in conditions that were hostile to stipulated legal requirements.
Thus recent revelations from ongoing visits by the Labour Department not only confirm these violations, but lay bare the prevalence of their unabashed praxis. It is no exaggeration to say that these conditions are heart-rending in the 21st century. More importantly, it is a stain on the nation, given that modern-day society emerged out of the struggles of workers for the right to self-determination and enjoyment of improved working conditions and standards of living.
A nation that has on its statutes clear and defined conditions under which workers ought to give of their labour should, in no way, witness the horrors being seen. It is troubling when workers are made to labour for a longer period than the stipulated eight-hour work day without being paid overtime, as required by law; or are denied their legally mandated break period. In addition to being denied their constitutional right to join a trade union of their choice or to engage in collective bargaining, workers in the bauxite industry are further violated when signed contracts impinge on their fundamental rights and freedoms.
The right to work in an environment where safety and health are assured is enshrined in the Occupational Safety and Health Act, whose stipulations include responsibility of the employer to provide safe working conditions; which include, where necessary, safety gear such as goggles, safety boots and respirators. The rights to join a union of choice and to engage in collective bargaining are protected in Article 147 of the Guyana Constitution. The responsibility of the employer to deduct and, in a timely manner, pay over NIS contributions for workers is clearly stated under the NIS Law; yet this nation keeps witnessing numerous cases wherein those laws are violated with impunity.
Further, violations such as trafficking in persons (TIP) pose dire consequences for this country’s development. International institutions, inclusive of developmental organisations like the World Bank and the Inter-American Development Bank (IDB), regard TIP so negatively that a country wherein it is practised can be cited or treated negatively.
As a member of the International Labour Organisation (ILO), Guyana has ratified a number of conventions. Ongoing violations of workers’ rights and employers abrogating their responsibilities are more than passing concerns. These violations, which evidently have been ongoing for years, could not have happened without the tacit support of government, which has primary responsibility to police the laws to safeguard the people and society.
A country cannot trade and develop if its activities are not conducted within its prescribed laws and international standards. Its citizens cannot feel valued — neither would they want to give of their labour for the nation’s development — when they are treated as second-class. Every agreement, be it regional or international, carries a basic requirement that all productive activities must be conducted within minimum acceptable international standards – the bedrock of Guyana’s laws.
For instance, the Trade Agreement between CARIFORUM and the European Union stipulates that the Region will produce its products respecting ILO Core Labour Standards. These standards include no forced labour, no child labour, safe working conditions, the right to collective bargaining, and freedom to join a trade union of choice. These tenets are enshrined in local laws, and violation of any carries consequences of Guyana being citied and our products facing rejection in the international market.
Thus it is a breath of fresh air that the Labour Department, under the leadership of Minister Simona Broomes, is taking the proverbial bull by the horn to create a just and stable industrial environment. Through implementation, this policy decision will redound to the workers’, employers’ and government’s respective benefit; and to the country’s image. The department’s interactive and educational/training approach with management and/or workers, to ensure compliance with the laws and honouring of responsibilities by both groups, is a step in the right direction, and will ensure that Guyana upholds its international obligations.