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Guyana - Minimum Wages - 2011


LAST UPDATE

28 April 2011

SOURCES


Name of Act

Labour Act, Chapter 98:01, Act No. 2 of 1942
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Name of Act

Wages Councils Act, Chapter 98:04, Act No.51 of 1956

Name of Act

Labour (Conditions of Employment of Certain Workers) Act, Chap. 99:03, Act No. 19 of 1978.

Other source used

Guyana Human Rights Report 2010 of the U.S Department of State.

LEGAL DEFINITIONS


Employee/worker

Employee means any person who has entered into or works under a contract with an employer, whether the contract be for manual labour, clerical work or otherwise, be expressed or implied, oral or in writing and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour, except that it does not include any person who is employed casually and otherwise than for the purposes of the employer’s business.
Wages Councils Act §2

Employer

Employer includes attorney, agent, foreman, manager, clerk, and any other person engaged in the hiring, employing or superintending the labour or service of any employee.
Labour Act §2(1)

Wage

Wages means any money or other thing had or contracted to be paid, delivered, or given as a recompense, reward or remuneration for any work or labour done or to be done, whether within a certain time or to a certain amount, or for a time or an amount uncertain.
Labour Act §2(1)

Minimum wage

The minimum rate of wages payable to a worker employed in any of the categories of work set out by Order.
Labour (Conditions of Employment of Certain Workers) Act §3(3)

MINIMUM WAGE FIXING


Procedure


Government decides after tripartite or bipartite body discussions/recommendations

Whenever the Minister of Labour deems it expedient that steps should be taken to regulate the wages paid in any occupation in Guyana or any part thereof he may appoint an Advisory Committee, which shall include representatives of employers and employees and such other members as the Minister may deem fit, in order to investigate the conditions of employment in such occupation and to make recommendations as to the
minimum rates of wages which should be payable.

On considering the recommendations of the Committee the Minister may, subject to negative resolution of the National Assembly, make an order prescribing the minimum rates of wages payable.
Labour Act §7(1),8(1)
Wages Councils Act §3, First Schedule

Criteria


Level of employment

In order to make reccomendations as to the wages that should be paid for any occupation in Guyana, the Advisory Comittee appointed by the Minister takes in consideration the general conditions of the employment.
Labour Act §7(1)

Coverage


Scope

Though not expressly mentioned in the legislation, there is no National or Standard Minimum Wage in Guyana, but a series of minimum wages for different categories of workers.

The only rate available is the corresponding to the public sector that serves as a benchmark to determine wages for the private and public sectors.

Where in any occupation rates of wages have not been prescribed, an employer shall pay wages to the person employed at a rate agreed upon between them.
Labour (Conditions of Employment of Certain Workers) Act §3
Labour Act §13(1)(2)

Level


Minimum wage level(s) in national currency

The Public Sector minimum wage is G$33,207 per month (US$165).
Guyana Human Rights Report 2010 of the U.S Department of State.

In-kind allowances

The entire amount of the wages earned by or payable to any employee in respect of any work done shall be paid in money and not otherwise.

Nevertheless nothing shall render illegal a contract with an employee in which it includes the provison of food, drink, housing, cottage, tenement or room, or other allowances or privileges in addition to money wages.
Labour Act §19(2), §23(1)

Rate of payment


» Weekly

Yes.
Labour (Conditions of Employment of Certain Workers) Act First Schedule

» Monthly

Yes.
Labour (Conditions of Employment of Certain Workers) Act First Schedule

Specific provisions

Where a worker is in receipt of a wage higher than that set out by Order, the employer shall nevertheless continue to pay such worker wages at a higher rate.
Labour (Conditions of Employment of Certain Workers) Act §3(2)

Scheduled frequency of adjustment

The Minister may, from time to time, vary alter or amend any of the particulars regarding wages as he thinks fit.
Labour (Conditions of Employment of Certain Workers) Act §3(1)

Enforcement mechanisms


Labour inspection

Any officer of the Labour Department designated by the Minister is empowered and authorised-
-to enter, inspect and examine any establishment at any hour of the day or night, and to obtain and to require from any employer information as to the wages, hours and conditions of work of those so employed;
-to take with him a member of the police force if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;
-to carry out any examination, test or enquiry which he may consider necessary in order to satisfy himself that the provisions of any law relating to the employment of persons are being strictly observed.
Labour Act §34(1)

Fines in national currency for non-respect of legislation

Where in any occupation rates of wages have been prescribed, an employer shall pay wages to the person employed at not less than such rate, and if he fails to do so he shall be liable on summary conviction to a fine of G$15.625,00 and on a second or subsequent conviction to a fine of $46.875,00.
Labour Act §13(1)

Other penalties

Any person who hinders, molests or obstructs any officer in the execution of his duty under this Act shall be liable on summary conviction to a fine of three hundred dollars or to imprisonment for three months.
Labour Act §36

Results generated on: 24th November 2014 at 07:44:28.
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