FACULTY OF SOCIAL SCIENCES

VeeM

Contents
INTRODUCTION .......................................................................................................................... 3
Consider the issue the act attempts to address ................................................................................ 4
Critical aspects of the Act ............................................................................................................... 4
Protection of the Union protection against actions for conspiracy & tort .................................. 4
Property & Trustees .................................................................................................................... 4
Financial Accountability ............................................................................................................. 5
Submission of annual returns and registrar’s reports .................................................................. 5

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How can the Trade Unions Act be applied in the context of the relationship between employer an
d employee? .................................................................................................................................... 6
Equal Rights and Non- Discrimination ................................................................................... 7
Employment of Children and Young Persons ........................................................................ 7
Normal Hours of Work and Overtime .................................................................................... 7
Leave with Pay........................................................................................................................ 7
Safety Health and Welfare ...................................................................................................... 8
Workmen’s Compensation...................................................................................................... 8
Representation of workers in matters where the Termination of Employment and Severance
Pay Act was not adhered to ..................................................................................................... 8
Is the Act in contradiction of other Act (any legal Conflict)? ........................................................ 9
Are there differences observed as to what the act attempts to address? ....................................... 10
References ..................................................................................................................................... 11

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INTRODUCTION

During the early twentieth century the labour environment in Guyana was filled with workers’ di
scontent over difficult working conditions in the waterfront. There was dissatisfaction, disputes,
discontent and protests due to working conditions in the waterfront, commercial sector and sugar
workers. This led to agitation and industrial action which culminated in a strike in December 19
05 for better terms and conditions of employment.

The actions by workers in the waterfront posed a major challenge to the merchant class. This wa
s followed by the organization and formation of the British Guiana Labour Union (BGLU) in 19
19 (now the Guyana Labour Union (GLU) led by Hubert Nathaniel Critchlow, and then by the en
actment of the Trade Unions Ordinance (the Trade Union Act) in 1921 which facilitated the first
registration in 1922 under the Trade Union Ordinance of the BGLU, one of the first Trade Union
s organized in the British colonial empire.

Urban and rural workers found solidarity and a common cause against the labour exploitation by
the merchants and sugar planters. The workers’ protest actions and confrontation with the merch
ant class and the plantocracy pitted them against the colonial state police. These confrontations r
esulted in fatal casualties of workers at Ruimveldt during a protest march in 1924 to the city fro
m the East Bank Demerara, and again in 1939 at Leonora sugar estate and at Enmore sugar estate
in 1948. (Chase, Ashton. A History of Trade Unionism in Guyana 1900-1961).

The emergence in 1937 and subsequent recognition of the Man-Power Citizens Association (MP
CA) by the sugar planters for collective bargaining purposes, the formation of other trade unions
in the 1930’s, the establishment of the national Trade Union Council in 1941, the lack of workers
’ support for the MPCA and the consequent emergence of the rival Guiana Industrial Workers U
nion (GIWU) in the sugar belt, and the organization of sugar planters and later national employer
s’ organization, were influential factors in the development and conduct of industrial relations in
Guyana.

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Consider the issue the act attempts to address
The Act is arranged into 37 sections and is “An Act to provide for the Regulation and Registratio
n of Trade Unions”. It sets out the legal basis for formation and operation of trade unions – their
rights, protection and obligations. The trade Union act speaks to the bargaining unit in employme
nt. It seeks to establish a trade union within organizations that deals with the issues employees m
ay encounter with employers and vice versa in a fair and equitable manner.

The Act also sets out clauses for:

 Protection of the Union protection against actions for conspiracy & tort
 Property & Trustees
 the registration of unions;
 the cancellation of registrations;
 audit of union's records

Critical aspects of the Act

Protection of the Union protection against actions for conspiracy & tort
Protection of the Trade Union against actions for conspiracy and tort are set out in Sectio
ns 5, 7 and 8 of the Trade Unions Act. Provision is made in the Act so that during the cou
rse of a trade dispute within the context of the Act, trade unions are protected from crimin
al prosecution for conspiracy or otherwise. Section 5 of the Act indicates that “the purpo
se of any trade union shall not be unlawful so as to invalidate any agreement. The Act pro
tects trade unions against action of tort and breach of contract or agreement or trust in pur
suance of a trade dispute (Sections 7 and 8).

Property & Trustees

The Act provides for the property of the unions to be vested in trustees, for legal actions b
y or against trustees. These trustees cannot hold office in the same union.

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 Sections 16-21set out the limitations of the Union’s trustees e.g. they can purchase, sell, l
ease and exchange land but not greater than one (1) acre on behalf of the union.

Financial Accountability
The treasurer or other officer of the Union must provide the trustees and members of the
union at a duly constituted meeting of the union, a just and true account of monies receiv
ed and paid, funds remaining and all bonds and securities of the union. The trustees are re
quired to submit to the Auditor General for audit within 14 days of the receipt of the acco
unt from the treasurer (Section 22). Stipulation of the requirements and conditions in relat
ion to the registration of union rules, the registered office of the unions, withdrawal or ca
ncellation of certificate of registration, change of union’s name, amalgamation of unions,
registration of change of name and amalgamation, and dissolution of the union (Sections
25-33).

If the treasurer does not do the above, he can be sued in the court to provide the funds.
The treasurer or any officer of the union can be charged for misappropriation of union fu
nds.

Submission of annual returns and registrar’s reports

Section 35 of the Act imposes an obligation on every registered trade union to present to t
he Registrar a general statement of receipts, funds, effects, and expenditure before the 1st
May in every year.

The general statement must show fully the assets and liabilities of the preceding year and
must be prepared together with such information and in the manner stipulated in the Act.

 The formation of a trade union within an organization. Trade unions have to be registered with
the registrar of trade union.
 The persuasion of workers on how to vote during the poll, giving gifts, monies or procures any
office to or for any worker to induce any worker to vote or refrain from voting is guilty of an
offence.
 Likewise if a worker before or during or after the poll by himself, or otherwise solicit monies,
gifts, loans or valuable to refrain from voting also commits an offence and is liable on summary

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 conviction to a fine of $20,000.00.
 If a worker procures or attempts to procure any person on the selection of any union he or she is
guilty of an offence.
 It defines the procedures for determining appropriate bargaining units and for certifying trade
union as recognized majority unions for collective bargaining purposes.
 Another critical aspect is that the trade union is protected from criminal prosecution for
conspiracy or otherwise.
 The treasurer or other officers must render to the trustees at a duly constituted meeting of the
union monies collected and paid, funds remaining and all bonds and securities of the union.
Upon receipt of such information the trustees must submit within fourteen (14) days the
relevant information to the Auditor General for auditing.

The trade union act attempts to serve as a negotiation body for employees in terms of their heal
th, salaries, and to some extent help employees to save and borrow loans to build, extend pay f
or education and purchase a vehicle to increase on their lively hood. The act also provides for dis
crimination and exploitation against employers.

How can the Trade Unions Act be applied in the context of the relationshi
p between employer and employee?

The primary objective of the Trade Unions Act is to ensure the existence of a good industrial rela
tions climate at all times. It seeks to protect the rights of both the employer and the employee and
should be respected by both sides. Operating opposed to this principle will be operating in bad f
aith and will not contribute to a good industrial relation climate.

The Trade Union Act in collaboration with the Labour Act set out the parameters within which t
he both the employer and employee are expected to function, each having the responsibility of re
specting and upholding the rights and obligations of the other. Where disputes arise between emp
loyer and employee, the act provides a recognized representative body, to speak on behalf of the
employee. It allows for a medium for negotiations in good faith with hoping of arriving at peace

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resolution. Despite the role of the Trade Union, as the employees’ representative, it does not prot
ect the employee if his actions are in contradiction with the constitution of Guyana or any other
Laws.

In the context of Employer Employee relationship, the act provides a legitimate representative of
the workers’ rights. Representation is made on behalf of employees for causes listed below.

Equal Rights and Non- Discrimination

All employers must observe the Equal Rights Act No. 19 of 1990 and the Prevention of Discr
imination Act 26 of 1997. The act protects persons from discrimination with respect to race, s
ex, religion, color ethnic origin, indigenous population, national extraction, social origin, eco
nomic status, political opinion, disability, family responsibilities, pregnancy, marital status, o
r age exception for the purpose of retirement or employment of minors. The act requires that
women and men be paid equal remuneration for the same job.

Employment of Children and Young Persons

The Employment of Children and Young Persons Act stipulates that:

 It is illegal to employ anyone younger than 15 years of age;

 Persons younger than 18 years of age cannot be employed in a job at night or in an industrial
setting.

Normal Hours of Work and Overtime

The normal hours of work are generally eight per day or forty hours per week. However employe
rs and employees or their representative, may by agreement, implement less eight normal hours o
f work per day in the employment relationship.

Overtime constitutes all time worked by employee in excess of the normal working hours in any
day in the employment relationship;

Employees are entitled to at least one day of rest per week.

Leave with Pay

 Every worker is allowed a period of leave with pay of not less than one day for each completed
month of employment which is equal to 20 working days per month;
 Every worker who is employer on a half day basis shall have the half day counted as a day in the

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computation of period of employment and leave with pay;
 Sundays or Public Holidays shall not be computed as leave with pay under this act;
 In respect of period of leave with, the employer shall pay the worker for each day of such period
his current daily wages. If the worker so request, the wages payable in the course of the leave shall be
paid to him before such leave commences;
 When a worker quits or is fired, the employer has to pay the worker for remaining leave time.

Safety Health and Welfare

The general duties and responsibilities of an employer are contained are contained in Section 46
of the Occupational Safety and Health Act and can be summarized as follows:

 Ensure that the equipment, materials and protective devices and clothing as prescribed, are
provided by the employer and are maintained in good condition;
 Ensure that the physical structure of the workplace is sound with respect to the work performed
there;
 Ensure that the work in the workplace is carried out in an environmentally safe manner;
 Not to employ underage workers or knowingly have under aged persons in or near the
workplace;
 Employers are required to provide training on health and safety in the workplace to all
employees.

Workmen’s Compensation
Every employee may recover damages of they are injures. If an employee dies because of an inju
ry on the job, the wife, husband, parent, or child may recover the damages. This is provided by th
e Accident and Workman’s Injuries (Compensation) Act, Chapter 99:05 as amended.

Representation of workers in matters where the Termination of Employment and Se

verance Pay Act was not adhered to
Termination of the employment contract and the payment or severance of redundancy allowance
is provided by the Termination of Employment and Severance Pay Act of 1997. The act says that
a contract of employment for an unspecified period of time may at any time be terminated:

 By mutual consent of the parties

 On the grounds of redundancy
 By either party for good or sufficient cause

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 By either the employer or the employee giving the other party a minimum of two (2) weeks’
notice of termination where the employee has been employed for less than one year or one (1) months’
notice where the employee has been employed for one(1) year or more, or payment thereof.

If a worker service has been terminated and they do not believe that it was done within the confin
es of the Termination of Employment and Severance Pay Act then the Trade Union makes repres
entation on behalf of the worker.

The following reasons do not constitute good or sufficient cause for dismissal or imposition of di
sciplinary action:

 An employee’s race, sex, religion, colour, ethnic origin, national extraction social origin, political
opinion, marital status, or family responsibility;
 An employee’s age subject to any law or collective bargaining positions regarding retirement
 A female employee’s pregnancy or a reason connected with her pregnancy
 An employee’s absence from work because of sickness or injury certified by a registered medical
practitioner;
 An employee’s participation in industrial action conformity with the provisions of any or
collective labour agreement
 The filling by an employee of a complaint or the participation in proceeding against any
employer involving alleged violations of any rule or law.

Is the Act in contradiction of other Act (any legal Conflict)?

There is no contradiction between the Trade Unions Act and any other Act since all acts are in su
pport of the constitution of Guyana. All acts are set up to bring clarity to what is set out in the co
nstitution which is the supreme law of the land.

The Trade Union Recognition Act, 1997 and the Labor Act both complement the Trade Unions
Act. The Trade Union Recognition Act provides for a tripartite board to certify unions as recogni
zed majority union. Are there differences, contradiction in the act that needs to be addressed?

Are there differences observed as to what the act attempts to address?

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There are no observed differences as to what the act attempts to address and what the trade union
s actually execute. The trade unions in Guyana however agree that they are often times being de
nied what they consider a fundamental right to represent their constituents and engage in collecti
ve bargaining as well as the right to the freedom of association. The apparent reluctance by trade
unions to speak out on issues that cut across trade union principles and common interest is a maj
or weakness amongst trade unions.

While the Trade Unions Act makes provisions for the formation of unions and the Trade Union
Recognition Act allows unions to be recognized as representing the workers, in many instances e
mployers still refuse to enter into collective bargaining with them.

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References
1. Chase, Ashton (1966).History of Trade Unionism in Guyana,1900 to 1961, with an Epilogue to
1964.Ruimveldt, Demerara, New Guyana Company.
2. Goolsarran, Samuel J., The System of Industrial Relations in Guyana. Accessed from
www.cagi.org.gy, October 16, 2019.
3. Dennis English, October 3, 2019. Personal Discussion.
4. Career Guidance Program, Year 2. Produced by The Volunteer Youth Corps in partnership with
CUSO International.
5. Dawn Gardener, First Vice president, Guyana Public Service Union. October 15, 2019. Interview.

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