THE Guyana Trades Union Congress (GTUC) says government’s decision to offer a one-off tax-free $50,000 bonus to public servants was welcomed, but since it was done without consulting trade unions, it is a violation of Article 147.The GTUC said yesterday that this decision has created a loophole within the system for public servants to benefit from the annual bonus.

“The payment of this bonus in the absence of an engagement and concurrence with the trade unions that represent public sector workers is another act of violating Article 147 of the Guyana Constitution and Trade Union Recognition Law Section 23 (1) and transgressing the rights of workers,” GTUC said in a press statement.

Though the year-end bonus is welcome, from the standpoint that workers are still struggling for a decent wage, GTUC said it should not have been done in breach of the law.
This breach in the country’s Constitution now leaves government between “a rock and a hard place,” with the union now demanding that the bonus be an annual feature.

“The government is advised that, consistent with industrial relations principles, this bonus is now part of the condition of employment for public servants. For while an employer can choose to put something in place, that employer has no authority under the law to remove it,” GTUC said.

As such come 2016 and onward, the union said, workers shall be entitled to their year-end bonus unless the unions agree otherwise.

PRECEDENT
In emphasizing that there is an established precedent, GTUC pointed to GuyConstruct, a former state entity that paid benefits to workers in Region 6 without receiving the union’s support.

The management had subsequently taken a decision to arbitrarily dispense with the benefits, but this decision was challenged by the union.

“The Ministry of Labour, through Chief Labour Officer Norman Semple, made it very clear that while management may have arbitrarily put the bonus in place, it became a condition of the workers’ employment and it cannot be removed without consent by the parties i.e. trade union and management.”

GTUC said Leader of the Opposition Bharrat Jagdeo’s comment that he is satisfied with the bonus offered comes as no surprise, since he would have broken all the labour laws of the country.

“There is no doubt, given the labour militancy of his party, that he would have been advised that this action is a violation of the tenets of collective bargaining,” GTUC posited.

“In a society where it seems as though political action is driven by who is less bad than the other and who can get away with violating laws and transgressing rights, his support for this action is premised on what can be deemed assent to his conduct as president and collusion of a pattern of behaviour by government officials,” GTUC added.

RULES AND LAWS
The union made it clear that industrial relations is not about gut feeling, but is guided by a body of principles, rules and laws.
It is therefore calling on the government to be shrewd in its decision-making at all times. GTUC warned that while this and many other acts may be well intentioned, the government has to be mindful that the process it engages in does not undermine good intentions and bring disrepute to its stewardship.

“Every aspect of collective bargaining must be embraced by the government, which is not only consistent with the laws, but also commitment given to workers during the elections campaign. Further, statements made to the effect that Guyana is moving towards a Green Economy have to see actions consistent with same. For a Green Economy is not only about planting trees and removing the garbage, it is grounded in time-honoured principles, rules and laws.”