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Guyana - Working time - 2011


LAST UPDATE

28 April 2011

SOURCES


Name of Act

Factories Hours and Holidays Act, Chapter 95:02, Act No.30 of 1947.

Name of Act

Public Holidays Act, Chapter 19:07, Act No.15 of 1919.

Name of Act

Holidays with pay Act, Chapter 99:02, of 23 March 1995

Name of Act

Employment of Young Persons and Children Act, Chapter 99:01, Act No. 21 of 1983

Name of Act

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

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

Name of Act

Household Service Workers (Hours of Work) Act, Chapter: 99:07, Act No. 17 of 1980,

Name of Act

Bakeries (Hours of Work) Act, Chapter: 99:07, Act No. 4 of 1946

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 Council 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)

Overtime/overtime work

Overtime work is the work performed exceeding the 7.45 hours in any normal working day.
Labour (Conditions of Employment of Certain Workers) Act 4(1)

Night work(er)

Night worker is the worker who perform work during the interval between 10 o’clock in the evening and 5 o’clock in the morning.
Employment of Young Persons and Children Act Art.3 of the Schedule

Domestic worker

Household service worker means any person employed as a domestic in any private residence, and includes children’s nurses.
Household Service Workers (Hours of Work) Act §2

Young worker

Young worker is the person who performs work and who has ceased to be a child (under 16 years old) and who has not attained the age of 18 years old.
Factories Hours and Holidays Act §2

NORMAL HOURS LIMITS


Daily hours limit


General limit

The Minister may make regulations prescribing the number of hours which may normally be worked by an employee in any day in any occupation.

Nonetheless the normal working day is 8 hours, which is used as the basis when considering the definition of overtime work
Labour Act §29(1)
Factories Hours and Holidays Act §24(1)

Special categories


» Domestic work

The number of hours which may be normally be worked by household service worker shall not exceed 8 on any day.
Household Service Workers (Hours of Work) Act §3

Weekly hours limit


General limit

The Minister may make regulations prescribing the number of hours which may normally be worked by an employee in any week in any occupation.
Labour Act §29(1)

Special categories


» Domestic work

The number of hours which may be normally be worked by household service worker shall not exceed 48 in any week.
Household Service Workers (Hours of Work) Act §3

OVERTIME WORK


Criteria for overtime


General

Overtime work is the work performed in addition to the normal working hours, normally in excess of 8 hours per day or 6 days per week.
Factories Hours and Holidays Act §24(1)

Compensation for overtime work


Overtime rate(s)

The Minister may make regulations prescribing the rate at which a worker shall be paid for overtime work performed.
Factories Hours and Holidays Act §24(1)

Compensatory rest

Every worker who performs overtime work is entitled to an interval of not less than 45 minutes for the taking of a meal for every four hours.
Labour (Conditions of Employment of Certain Workers) Act §5

Special categories


Domestic work

A household service worker who, at the request of his employer, works in excess of the normal hours shall be paid for every hour or part thereof so worked at one and one half times the rate at which he would be paid.
Household Service Workers (Hours of Work) Act §4

REST PERIODS


Rest breaks


General provisions

The Labour Authority may from time to time approved or sets hours of employment, including the rest periods, which vary by industry and sector.

Nonetheless workers normally are entitled to an interval from work of not less than 1 hour for luncheon or dinner, as the case may be.
Factories Hours and Holidays Act §22
Labour (Conditions of Employment of Certain Workers) Act §5

Weekly rest periods


Duration


» General

The Labour Authority may from time to time approved or sets hours of employment, including the rest periods, which vary by industry and sector.

Nonetheless every worker is entitled to a holiday on one week day in every week, and in addition, shall grant to such worker a half holiday on every alternative Sunday.
Factories Hours and Holidays Act §22, §24(c)
Labour (Conditions of Employment of Certain Workers) Act §7

Day specified

Sunday
Factories Hours and Holidays Act §24(c)

Special categories


» Domestic workers

A household service worker employed on a weekly, fortnightly or monthly basis, shall be allowed by his employer in every week a continuous period of 24 hours during which he is not required to work for his employer
Household Service Workers (Hours of Work) Act §5

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Duration


» General

Every worker being in employment shall be allowed a period of holidays with pay of not less than one day for each completed month of employment computed from the date of engagement.

Every worker who is employed on a half-day basis shall have the half day counted as a day in the computation of periods of employment and holidays with pay.

Every worker who is employed on a daily or hourly basis, shall be allowed a period of holidays with pay of not less than one day for every period of twenty days or one hundred and sixty hours worked as the case may be.
Holidays with pay Act §3(1)(2)(3)

» Exceptions

When the employment of a worker is terminated, either by such worker or by the employer, the employer shall pay to such worker in lieu of such period of holidays with pay as shall have accrued under this Act and in respect of which no payment has been made, a sum equal to the wages which would have been paid for a like period of holidays with pay if taken at that date.
Holidays with pay Act §6

Payment


» Amount

In respect of a period of holidays with pay, the employer shall pay to the worker for each day of such period his current daily wage.
Holidays with pay Act §5(1)

» Date of payment

If the worker so requests, the wages payable in the course of the holidays shall be paid to him before such holidays commence.
Holidays with pay Act §5(2)

Schedule and splitting

No employer shall require a worker to take his holidays with pay in periods of less than six consecutive days.

The holidays with pay shall be given by the employer and shall be taken by the worker before the expiration of three months, or such other period therefrom mutually agreed upon between the employer and the worker, after the date upon which the right to such holidays accrues.

The employer shall determine the date on which the holidays shall commence taking into account any special request by the worker.
Holidays with pay Act §4(1)(2)(3)

PUBLIC HOLIDAYS


Number and dates

New Years Day (the First day of January in each year), Yaou�mun Nabi Day (Birth of the Prophet)(February 16th), Republic Day (Mashramani)(February 23rd), Phagwah (Holy)(March 20th), Good Friday(April 22nd), Easter Monday (April 25th), Independence Day(May 26th), Labour Day(May 1st), Indian Heritage Day(May 5th), CARICOM Day(July 4th), Freedom Day (Augus 1st), Eid Al Fitr, Diwali (Hindu Festival of Light)(October 26th), Eid al-Adha (Feast of the Sacrifice)(November 7th), Christmas Day(December 25th), and every Sunday of the year.
Public Holidays Act §3

Payment

No person shall be compellable to make any payment or to do any other act, including noting or protesting, relating to any negotiable instrument on a public holiday, and the making of such the following day shall be equivalent.
Public Holidays Act §5

Work on Public Holidays


» Criteria

Every worker in all banks, educational establishments, public offices and government departments, is entitled to enjoy paid public holidays as established in the Act.

However, the Minister may make regulations excluding any public office or government department in whole or in part from the operation of public holidays.
Public Holidays Act §1,2,4

» Compensation

A worker who performs work during Public Holidays shall be paid as overtime rate.
Factories Hours and Holidays Act §24(1)

NIGHT WORK


Criteria for night work

Night work is the work performed during the interval between 10 o’ clock in the evening and 5 o’clock in the morning.
Employment of Young Persons and Children Act Art.3 of the Schedule

Special categories


Young workers

No young person shall be employed at night in any industrial undertaking, except to the extent to which and in the circumstances in which such employment is permitted, like when necessary for the nature of the process is required to be carried on continuously day and night;
Manufacture of iron and steel;
Glass works;
Manufacture of paper;
Manufacture of raw sugar;
Gold mining reduction work.

However the prohibition of night work may be suspended by the Government for young persons between the age of 16 and 18 years, when in case of serious emergency the public interest demands it.
Employment of Young Persons and Children Act §3(2), art.2 and 7 of the Schedule

Women

The women are allowed to perform work during the night.
Employment of Young Persons and Children Act §4

Results generated on: 19th April 2014 at 03:58:35.
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