– Minister Broomes to Oldendorff Carriers (Guyana) Inc.

MINISTER within the Ministry of Natural Resources, Simona Broomes, and head of the task force set up by Cabinet to deal with the future of workers attached to subsidiaries of RUSAL in light of U.S.-imposed sanctions, has issued a stern warning to Oldendorff Carriers (Guyana) Inc. to comply with the country’s labour laws.

Broomes on Friday called upon the company to respect the laws of Guyana after General Manager of the company Ulf Henriksson in response to a request for a meeting between the Department of Labour and workers, as well as management of the company, asked Chief Labour Officer Charles Ogle to outline where in the law his department has the legal mandate to visit any employer.

Henriksson was responding to a letter dispatched to Marlon Jaundoo, Senior Finance Manager of Oldendorff Carriers dated June 19, 2018, requesting a meeting between the Department of Labour, the workers and Oldendorff’s management.

“…Please be informed that the Department of Labour is desirous of meeting with the management and staff of your organisation. This meeting is with respect to deductions from the employees’ wages and their entitlement under the law,” the letter addressed to Jaundoo stated.

Ogle in his missive outlined that a ministerial task force was established to look into the welfare of workers employed by the company and noted that the taskforce had agreed to meet with the workers, but was unsuccessful.

“Towards this end, the Ministry of Social Protection (Department of Labour) has the legal mandate to visit any employer who is desirous of meeting with management and the workers to iron out any area of misconception as regards benefits due to the said workers,” said Ogle, who indicated that the date and time for the said meeting were set for June 22, 2018 at 10:30hrs at Oldendorff Carriers.

The following day, General Manager of Oldendorff Carriers, Ulf Henriksson responded to the chief labour officer. In his missive, Henriksson acknowledged receipt of Ogle’s letter and noted his company’s continuous interest in dialogue with the ministry.
“Whilst we are always interested in a dialogue with the ministry, we kindly ask you to direct us to the law that provides the ministry with the legal mandate to visit any employer who is desirous of meeting with management and the workers to iron out any area of misconception as regards benefits due to the said workers.”

Additionally, the general manager expressed surprise about the deductions being made from employees’ wages and their entitlements under the law.
“As you will be well aware we have, during our entire presence in Guyana, lived up to our obligations and kept an open dialogue with the government. We therefore ask you to elaborate on the allegations. We trust you will understand that we cannot agree to the desired meeting this June 22, 2018, as we need to know the legal basis of your request and the details of the allegation, so that we can investigate thoroughly,” Henriksson stated in his response to Ogle.

It should be noted that on June 22, 2018, Ogle dispatched a letter to Henriksson outlining what section 30 of the Labour Act, Chapter 98:01 provides for. In that missive, Ogle stated that the Labour Department by virtue of the law is allowed to enter, inspect and examine any premises and every part in which there is reasonable cause to believe that labour is employed in the said premises at any hour of the day or night.

The chief labour officer said too that the Department of Labour has the right to carry out any inspection, test or enquiry which it may deem necessary in order to satisfy itself that the provisions of the law related to the employment of persons are being strictly observed.
“Every employer shall grant his workers and their representatives every facility for communicating freely with the designated officer when on a visit of inspection,” Ogle stated, while indicating that failure to so comply can lead to criminal charges being instituted against the company.

As it relates to the deductions being made from workers’ wages, Ogle indicated to Henriksson that concerns were raised by the workers with respect to the Leave with Pay Act and the Termination of Employment and Severance Pay Act.

“Such issues can be determined by the production of your wages record and your holidays register at the scheduled meeting,” said the chief labour officer, who explained Oldendorff will be given an opportunity to respond to the allegations made by the employees.
However, on Friday when the taskforce met, Broomes reminded that it was the said company, one Friday earlier, that had sought to prevent the team from entering its premises and meeting with management and workers.

“I am heading this taskforce and I want to put these companies on notice that the rights of the people of this country will not be compromised,” said Broomes, who noted that it is in the best interest of the company to comply with the laws of Guyana, so that all parties emerge winners.

“This is disrespectful!” the minister declared, as her colleagues on the taskforce agreed. “I think the people at Oldendorff are very disrespectful,” Broomes added, while noting that the matter is too serious for it to be ‘brushed under a carpet.’

Veteran Trade Unionist Lincoln Lewis, who also sits on the taskforce, outlined the company’s behaviour over the years. Lewis indicated to the taskforce that Oldendorff has been over the years displaying authority “where they believe that they can carry out indentureship and this serfdom that they can say what they want and do what they want.
“That has been the behaviour,” he stated while noting that the company must at all times communicate with the Department of Labour in writing

Similarly, Member of Parliament Jermaine Figueira reminded that the laws of Guyana are paramount and as such, workers’ rights must be respected in every regard by employers.
“They must respect our laws,” Figueira declared, as his colleague Member of Parliament, Audwin Rutherford reminded that the coalition government had made several promises prior to the 2015 general and regional elections.

“We have promised so much pre-election and we have been sluggish to deliver and we have got to understand that the history was bad under the past administration in dealing with these companies. This taskforce has come at the right time and we need to speed up things. Let these people understand that they can’t tek dem eyes pass people.

“We have hundreds of workers out there who depend on us; maybe if this taskforce was not formed, we would have been having persons crying daily,” said Rutherford.
Both Rutherford and Figueira said the presentation of workers’ records ought not to be a challenge in this digital age. “This is 2018…we have to be able to verify the list of workers, their deductions and the like,” Rutherford stated.

At this point, Ogle noted that he has since written the Guyana Revenue Authority (GRA) and the National Insurance Scheme (NIS) on the matter. He was instructed to obtain all information related to workers of the company.

“We need all the information about the company…they cannot refuse to give you the information…the law is the law!” said Broomes. Oldendorff had via telephone earlier this week promised Ogle to provide its workers’ details.

“They said they would give me the list within the week, but up to late yesterday afternoon [Thursday], I received nothing,” he told the taskforce. The chief labour officer was warned against communicating with companies via telephone, as everything must be documented.
Friday’s taskforce meeting follows a visit to Oldendorff’s New Amsterdam, Berbice office the previous week. The workers were not present at that meeting and management of the company sought for the meeting to be postponed.