Labor Laws

LAWS OF GUYANA
TRADE UNION RECOGNITION ACT
CHAPTER 98:07
Act
33 of 1997
Amended by
1 of 2009
Current Authorised Pages

Pages Authorised
(inclusive) by L.R.O.
1 – 36 ... 1/2012
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2 Cap. 98:07 Trade Union Recognition
Index
of
Subsidiary Legislation
Page
Trade Union (Certification of Recognition) Regulations 27
(Reg. 8/1999)
Trade Union (Certification of Recognition) Regulations 35
(Reg. 1/2001)
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Trade Union Recognition Cap. 98:07 3
CHAPTER 98:07
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation
3. Delegation by Minister.
PART II
RECOGNITION AND CERTIFICATION BOARD
4. Establishment of Trade Union Recognition and Certification

Board.
5. Composition of the Board.
6. Secretary and other officers of the Board.
7. Seal of the Board.
8. Remuneration of members of the Board and Secretary.
9. Meetings.
10. Prohibitions as to interest.
11. Duties of the Board.
12. Procedure at hearings, etc.
13. Power to summon witnesses, etc.
14. Power to enter premises.
15. Appointment of committees.
16. Power of the Board to delegate.
17. Board may state case to the High Court.
PART III
CERTIFICATION OF RECOGNITION
18. Application for certification of recognition.

19. Appropriateness of bargaining unit.
20. Determination of recognised union where only one union is involved.
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SECTION
21. Determination of recognised majority union where two or more
unions are involved.
22. Issue and contents of certificate.
23. Compulsory recognition and duty to treat.
24. Record of certification.
25. Offences by trade unions.
26. Offences by employers.
27. Effect of certification as the recognised majority union.
28. New collective agreement of recognised majority union.
29. Limitations on application for certification.
30. Variation of bargaining unit after certification.
31. Poll for continued certification.
32. [Repealed by Act No. 1 of 2009.]
PART IV
PROSECUTIONS
33. Prosecutions.
34. Recovery of fines and wages.
35. Where State is employer.
PART V
RULES, REGULATIONS
36. Rules.
37. Regulations.
__________________________
CHAPTER 98:07
33 of 1997 An Act to provide for the improvement and promotion of
industrial relations by the establishment of procedures
for the certifying of trade unions as recognised majority
unions and for matters connected therewith.
[16TH NOVEMBER,1998]
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Short title. 1. This Act may be cited as the Trade Union

Recognition Act.
Interpretation. 2. (1) In this Act—

[1 of 2009]
“bargaining unit” means that unit of workers determined by
the Board as an appropriate bargaining unit;
“Board” means the Trade Union Recognition and

Certification Board established under section 4;
“collective agreement” means an agreement in writing

between an employer and the recognised majority union
on behalf of workers employed by the employer in a
bargaining unit for which the union is certified,
containing provisions respecting terms and conditions of
employment of the workers and the rights, privileges or
duties of the employer or of the recognised majority
union or of the workers and for the regulation of the
relationship between an employer and the recognised
majority union;
“collective bargaining” means treating and negotiating with a

view to the conclusion of a collective agreement or the
revision or renewal thereof or the resolution of disputes;
“employer” means any person or body of persons, firm,

company, public corporation, public authority, or the
State who or which has entered into a contract to employ
any person and includes, any agent, representative or
manager of such person, body of persons, firm, company,
public corporation, public authority or the State who is
placed in authority over the persons employed;
“lock-out” means action which, in contemplation or

furtherance of a dispute, is taken by one or more
employers, whether parties to the dispute or not, and
which consists of the closing of a place of employment or
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the suspension of work by an employer or the refusal by

an employer to employ or continue to employ any
number of workers;
“recognised majority union” means a trade union certified

under Part III as the bargaining agent for workers
comprised in a bargaining unit;
“the most representative organisations” –
(a) in relation to workers means the most

representative organisations of workers; and
(b) in relation to employers, means the most

representative organisations of employers;
“the relevant date” means such date as the Board considers

appropriate for determining any matter before it under
Part III;
“strike” means a cessation of work, a refusal to work, to

continue to work or to take up work by workers acting
in concert or in accordance with common
understanding and includes any concerted
interruption of work or slowing down by workers
commonly known as a “sit down strike” or “a go-slow”;
“Trade Union” or “Union” means an association registered as

a Trade Union under section 15 of the Trade Unions Act
c. 98:03
not being an association or organisation of employers
registered as a Trade Union under this Act;
“undertaking” includes any trade or business or any activity

involving the employment of workers;
“workers” subject to subsection (2) means—
(a) any person who has entered into or works
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under a contract with an employer to do any

skilled, unskilled manual, technical, clerical
or other work, for hire or reward, whether
such contract be expressed or implied, oral
or in writing, or partly in writing, and
whether it is a contract of service or
apprenticeship or a contract personally to
execute any work or labour; or
(b) any person who by any trade usage or

custom or, as a result of any established
pattern of employment or recruitment of
labour in any business or industry is usually
employed or usually offers himself for an
accepts employment accordingly, and
includes any such person –
(i) who has been dismissed, discharged,

retrenched, suspended, interdicted,
refused employment, or not
employed whether or not in
connection with or in consequences
of, a dispute;
(ii) whose dismissal, discharge,

retrenchment, suspension, inter-
diction or refusal of employment has
led to a dispute; or
(iii) who has ceased to work as a result of

a lock-out or a strike.
(2) For the purpose of this Act, no person shall be

regarded as a worker if he is a member of a disciplined force
referred to in paragraph (a), (b) or (c) of the definition of
“disciplined force” in article 154 of the Constitution, or an
c. 39:04 apprentice within the meaning of the Industrial Training Act.
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Delegation by 3. The Minister may delegate to a public officer not

Minister. below the level of a Senior Labour Officer in the Ministry
[1 of 2009]
responsible for Labour any of his functions under this Act,
with the exception of the functions conferred by sections 5
and 37(1).
PART II
RECOGNITION AND CERTIFICATION BOARD
Establishment 4. There is hereby established a Board to be known as

of Trade Union
the Trade Union Recognition and Certification Board which
Recognition
and Certifica- shall be a body corporate.
tion Board.
Composition of 5. (1) The Board shall consist of seven members, each

the Board. appointed for a period of two years, as follows—
[1 of 2009]
(a) a Chairman appointed by the Minister

after consultation with the most
representative organisations of
workers and the most representative
organisations of employers;
(b) three members appointed by the

Minister on the nomination of the
most representative organisations of
workers;
(c) three members appointed by the

Minister on the nomination of the
most representative organisations of
employers.
(2) In respect of each member of the Board (other

than the Chairman) the Minister shall, in like-manner as that
whereby that member was appointed, appoint an alternate
member for a period ending on the date on which the
member in respect of whom he was appointed, ceases to be
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such a member.
(3) An alternate member may act for the member

in respect of whom he was appointed for such time as that
member is unable to discharge the functions of his office or
for such time as that member is acting as Chairman.
(4) Where the Chairman is for any reason, unable

to carry out his functions under this Act, the Minister may,
after consultation with the most representative organisations
of workers and the most representative organisations of
employers; respectively, appoint a Chairman to act for the
period of his inability to carry out his functions under this
Act, from among the members of the Board.
(5) A member of the Board may at any time resign

his office by writing under his hand addressed to the
Minister, and upon the date of the receipt by the Minister of
such resignation the member shall cease to hold office.
(6) [Repealed by Act No. 1 of 2009]
(7) The Minister shall revoke the appointment of

the Chairman or any other member if the member indulges in
any action that is inimical to the function of the Board, or if
the member is absent without the permission of the Board
from three consecutive meetings of the Board.
(8) The appointment, removal, resignation or death

of any member or alternate member of the Board shall be
notified by the Minister in the Gazette.
(9) No member or alternate member shall be

dismissed or otherwise victimised by his employer on
account only of his being a member of the Board.
Secretary and 6. (1) There shall be a Secretary to the Board who shall
other officers be appointed by the Minister from amongst persons who are
of the Board.
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public officers.
(2) It shall be the duty of the Minister to provide

the Board with such resources as may from time to time be
required by the Board for the discharge of its functions.
Seal of the 7. (1) The seal of the Board shall be kept in the custody
Board.
of the Chairman or the Secretary, as the Board may
determine, and shall be affixed to instruments issued by the
Board or to resolutions of the Board.
(2) The seal of the Board shall be officially and

judicially noticed.
(3) All documents, other than those required to be

under seal, made by, and all decisions of the Board may be
signified under the hand of the Chairman or the Secretary.
Remuneration 8. The Chairman, other members and the Secretary of

of members of the Board shall receive such remuneration as may be
the Board and
determined by the Minister.
Secretary.
Meetings. 9. (1) The Board shall meet at such times as may be

necessary or expedient for the transaction of its business and
the meetings shall be held at such places and times and on
such days as the Board may determine.
(2) The quorum of the Board shall be the Chairman

and three other members, of whom one shall be a member
appointed under section 5 (1) (c) and one appointed under
section 5 (1) (d).
(3) Where two consecutive meetings have been

summoned within ninety-six hours, each meeting being forty-
eight hours apart and each meeting not having the requisite
quorum specified in subsection (2), for the next meeting
thereafter, any four members shall constitute a quorum.
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Prohibition as 10. (1) A member of the Board shall not, so long as he

to interest.
is in any way directly or indirectly concerned in any matter
before the Board by reason of—
(a) his holding office in, or being a

member of, any union concerned in
the matter; or
(b) being the employer or a director, a

shareholder, partner or manager of
the business of the employer who is
concerned in the matter,
take part in any deliberation or decision of the Board on such

matter or officiate at any poll taken by the Board for the
purpose of determining such matter.
(2) Nothing is subsection (1) (b) shall apply to any

shareholder if the total value of his shareholding does not
exceed such amount, of the total nominal value of the issued
share capital of the company as the rules of procedure of the
Board provide.
(3) It shall be open to any member of the Board

present at any meeting thereof to challenge the entitlement of
any other member of the Board, including the Chairman, to
take part in any deliberation or decision on any matter before
the Board, or to officiate at any poll to be taken by the Board
for the purpose of determining such matter on the ground
that such other member is directly or indirectly concerned in
the matter by reason of any circumstances, referred to in
subsection (1).
(4) Upon any such challenge being taken, the

Board shall enquire into the merits thereof, and, after giving
reasonable opportunity to the member challenged to be heard
in answer thereto, shall determine the challenge by a ruling
which shall be binding and conclusive for all purposes.
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(5) Where it is shown to the satisfaction of the

Board that a member thereof has failed to comply with the
provisions of this section, the Board may declare void all
proceedings, determinations and other decisions taken or
made on any occasion of such failure, but no proceedings,
determinations or other decisions of the Board taken or made
on any such occasion shall be, or be deemed to be, invalidated
by reason only of such failure, unless the Board so declares.
Duties of the 11. The Board shall be charged with responsibility as

Board.
more specifically set out under Part III for the determination
of all applications and matters concerning the certification of
trade unions as recognised majority unions.
Procedure at 12. (1) Every party to a matter before the Board shall
hearing etc.
be entitled to appear at any hearing thereof and may be
represented thereat by an attorney-at-law or a duly
authorised representative.
(2) The Board may determine the periods that are

necessary for the fair and adequate presentation of a matter
by the parties thereto, and may require matters to be
presented within any period so determined.
(3) The Board may require or permit evidence or

arguments to be presented either orally or in writing or partly
orally and partly in writing.
(4) Subject to the provisions of this section the

Board may regulate its procedure.
Power to 13. (1) For the purpose of dealing with any matter
summon brought before it the Board shall have all powers, privileges
witnesses, etc.
and immunities as are vested in a commissioner appointed
c. 19:03 under the Commissions of Inquiry Act.
(2) Any summons may be issued by the Secretary
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of the Board and shall have the same force and effect as a
summons issued under the Commissions of Inquiry Act.
Power to enter 14 (1) The Board or any authorised officer of the Board
premises. may, on giving twenty-four hours notice in writing, enter any
premises for any purpose in relation to the taking of a poll
under this Act.
(2) An officer shall, on demand, produce a duly

authenticated document evidencing his authority to act in
pursuance of subsection (1).
(3) Every person who hinders or molests, or

otherwise interferes with any member of the Board or any
authorised officer in the exercise of any function pursuant to
this Act shall be guilty of an offence and liable on summary
conviction to a fine of twenty-eight thousand dollars and to
imprisonment for six months.
Appointment 15. (1) The Board may appoint committees from

of committees. amongst its members to examine and report to it on any
matter arising out of or connected with any of its powers and
duties under this Act.
(2) The Board may reject the report of any such

committee or adopt it either wholly or with such
modifications, adaptations, qualifications and exceptions as
the Board may think fit.
Power of the 16. Subject to the provisions of this Act, the Board
Board to may delegate to a committee consisting of the Chairman and
delegate.
at least two other members, one being a member appointed
under section 5(1)(c) and the other being a member appointed
under section 5(1)(d), authority to carry out such duties and
functions and to exercise such power on its behalf, as it may
determine.
Board may 17. (1) The Board may, on the application of any party
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state case to the to a, matter before the Board, or on its own motion, state a
High Court.
case on any point as to the interpretation or application of this
Act or any other written law, for the opinion of the High
Court.
(2) The High Court shall hear and determine all

questions arising on any case stated, and the determination of
the Court on any such questions shall be conclusive for all
purposes.
(3) The statement of facts in any case so stated

shall, for the purpose of the determination thereof, be
conclusive.
(4) The Rules Committee established under section

67 of the High Court Act may make rules regulating the
c. 3:02
manner in which the Board may state a case and all other
matters relating to the procedure for hearing and determining
the case.
PART III
CERTIFICATION OF RECOGNITION
Application for 18. (1) A trade union that desires to be treated as a

certification of
recognised majority union shall apply to the Board in writing
recognition.
[1 of 2009] to be so certified in accordance with the provisions of this
Part.
(2) The application shall describe the proposed

bargaining unit in respect of which certification is sought and
shall be in the prescribed form.
(3) The union making the application hereinafter

referred to as the “claimant union” shall serve a copy of the
application on the employer and on the Minister.
(4) The application shall be determined, within

four months of the date of its receipt by the Board, in
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accordance with the following provisions of this Part.
Appropriate- 19. (1) When an application is made under section 18,

ness of the Board shall determine the bargaining unit it considers
bargaining
appropriate (hereafter referred to as the “appropriate
unit.
bargaining unit”) and in so doing the Board shall have regard
to –
(a) the community of interest between

the workers in the proposed
bargaining unit including work
location, working hours, work
arrangements and payment systems;
(b) the nature and scope of the duties of

the workers in the proposed
bargaining unit;
(c) the organisational structure of the

employer’s undertaking and the
views of the employer and the trade
union thereon;
(d) the historical development, if any,

of collective bargaining in the
employer’s under-taking; and
(e) any other matter which the Board

considers to be relevant to good
industrial relations.
(2) In considering the appropriateness of a bargaining

unit the Board shall not be restricted by the terms of the
application.
Determination 20. (1) Where only one union has applied under
of recognised
section 18, the Board shall carry out a membership survey to
union where
only one union determine the extent of support which the union enjoys on
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is involved. the date of the application among the workers comprised in

the appropriate bargaining unit.
(2) Where it appears to the Board from the results

of the survey that the union is supported on the date of
application by at least forty per cent of the workers comprised
in the appropriate bargaining unit, the Board shall certify the
union as the recognised majority union for that unit.
(3) In carrying out any membership survey under

this Act the Board shall satisfy itself, by whatever means it
deems appropriate, as to the authenticity of any documents
submitted.
Determination 21. (1) [Repealed by Act No. 1/2009]

of recognised
majority union
where two or
(2) Where two or more trade unions have applied
more unions under section 18 in relation to the same bargaining unit, the
are involved. Board shall carry out a secret poll among workers in the unit
[1 of 2009] and shall certify as the recognised majority union for the unit
the claimant union which is shown by the poll to have the
greatest support among the workers, provided that no union
shall be certified where less than forty percent of the workers
take part in the ballot.
(3) Where the results of the poll show a tie or are

inconclusive, a second poll shall be carried out within seven
days, and in the event of a second tie or the results being
inconclusive, a further poll shall be conducted within
fourteen days:
Provided that where a certified union is being

challenged and the challenging union satisfies the Board, by
means of a survey, that the support of the challenging union
among the workers in the unit is not less than forty per cent,
the Board shall cause a poll to be taken, but the certificate of
recognition of the challenged union shall not be cancelled
where the challenging union fails to obtain a majority of not
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less than forty per cent amongst the workers in the unit.
Issue and 22. (1) The Board shall issue a certificate under its seal
contents of to the union and to the employer in every case in which it
certificates.
certifies a trade union as the recognised majority union.
(2) The certificate shall contain a statement of the

following particulars—
(a) the name of the employer and the

trade union thereby certified;
(b) the category or categories of workers

comprised in the bargaining unit;
(c) the number of workers comprised in

the bargaining unit at the relevant
date; and
(d) such other matters as may be

prescribed.
Compulsory 23. (1) Where a trade union obtains a certificate of

recognition and recognition for workers comprised in a bargaining unit in
duty to treat.
accordance with this Part, the employer shall recognise the
union, and the union and the employer shall bargain in good
faith and enter into negotiations with each other for the
purpose of collective bargaining.
(2) A recognised union which fails to comply with

the provisions of subsection (1) shall be guilty of an offence
and liable on summary conviction to a fine of twenty-eight
thousand dollars.
(3) An employer who fails to comply with the

provisions of subsection (1) shall be guilty of an offence and
liable on summary conviction to a fine of twenty-eight
thousand dollars and in addition, to a fine of five hundred
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dollars for every day the breach continues until the employer
has complied with such provisions.
(4) Where a trade union has been certified under

section 22, or has made application for certification under
section 18, an employer who decides to close an undertaking
must give the Board and the concerned trade union—
(a) reasonable notice of his intention;
(b) reasons for his decision; and
(c) the numbers and categories of

workers to be affected.
(5) The union concerned must be consulted before

the final decision to close is taken.
(6) An employer who closes an undertaking

without complying with subsections (4) and (5) shall be guilty
of an offence and shall be liable on summary conviction to a
fine of fifty-six thousand dollars and to imprisonment for six
months.
(7) In any prosecution under subsection (6) the

onus shall be on the employer to prove that he gave the Board
and the union concerned reasonable notice and reasons in
accordance with subsection (4).
Record of 24. (1) Every trade union shall keep a record of its
certification. certification made by the Board under section 22, in the
prescribed form for the purposes of this Act.
(2) The production of the record or of a copy of the

relevant portion thereof certified by the Secretary of the Board
shall be admissible in all courts and shall be conclusive proof
of the matters therein stated.
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Offences by 25. (1) (a) Except where the Board has failed to
trade unions.
determine the application within the period of four months
[1 of 2009]
any trade union which in furtherance of a claim to be certified
as the recognised union for the whole or any part of that unit,
induces workers to strike shall be guilty of an offence and
liable on summary conviction to a fine of twenty-eight
thousand dollars.
(b) Subject to subsection (1) (a), any worker

who in furtherance of a claim by union to be certified under
section 22, takes part in a strike shall be guilty of an offence
and liable on summary conviction to a fine of seven thousand
dollars.
(2) Subject to subsection (1) (a), where an offence

has been committed under this section by a trade union with
the consent or connivance of any officer of the union or any
person purporting to act in such capacity, such officer or
person shall be guilty of an offence and liable on summary
conviction to a fine of twenty-eight thousand dollars.
Offences by 26. (1) No worker shall be dismissed, or have his

employers. employment adversely affected, or his position altered by his
employer, by reason of the circumstances that the worker—
(a) is an officer, delegate or member of a

trade union;
(b) has appeared as a witness or has

given any evidence in proceedings
under this Act; or
(c) has for reasonable cause absented

himself from work without leave after
he has made an application for leave
for the purpose of carrying out his
duties under the Act as an officer or
delegate of a trade union and such
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leave has been unreasonably refused

or withheld.
(2) An employer shall not—
(a) make the employment of a worker

subject to the condition that he shall
or shall not become a member of a
trade union or shall relinquish his
membership of a trade union;
(b) dismiss a worker, or adversely affect

his employment, or alter his position
to his prejudice by reason of his
participation in the activities of a
trade union outside his working
hours;
(c) with intent to dissuade or prevent a

worker from becoming such officer,
delegate or member, or from so
appearing or giving evidence,
threaten to dismiss him, or to affect
his employment adversely or to alter
his position to his prejudice by reason
of the circumstances that the worker
is or proposes to become, an officer,
delegate or member of a trade union,
or that worker proposes to appear as
a witness or to give evidence in any
proceeding under this Act.
(3) An employer who contravenes any of the

provisions of subsection (1) or (2) shall be guilty of an offence
and liable on summary conviction to a fine of twenty-eight
thousand dollars; and the magistrate making the order for
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conviction shall also order that the worker be reimbursed any

wage lost by him and direct that, notwithstanding any rule of
law to the contrary, the worker be reinstated in his former
position or in a similar position with terms and conditions of
employment no less favourable.
Effect of 27. Where a trade union is certified as the recognised

certification as majority union –
the recognised
majority
union. (a) such union shall immediately replace
any other trade union that
immediately before such certification
was the recognised union for the
workers comprised in the bargaining
unit and, subject to paragraph (c),
shall have exclusive authority to enter
into collective bargaining on behalf of
workers in that unit;
(b) if another trade union has previously

been certified in respect of workers
comprised in the bargaining unit, the
certificate of the last mentioned trade
union shall be revoked in respect of
such workers;
(c) if, at the time of certification a

collective agreement is in force, such
trade union shall be substituted as a
party to the agreement in place of the
union that was a party to the
agreement.
New collective
28. Where a recognised majority union is
agreement of
recognised substituted as a party to a collective agreement in accordance
majority with section 27 (c), the union so substituted as a party to the
union. collective agreement may submit to the employer proposals
for the revision of the collective agreement or for a new
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collective agreement and the parties shall bring into effect, the
revised or new collective agreement expeditiously the
collective agreement in force so remaining until a new
collective agreement is signed.
Limitation on 29. (1) No application for certification of

application for recognition shall be entertained or proceeded with where—
certification.
(a) there is a recognised majority union

for the same bargaining unit
described in the application; and
(b) the application is made earlier than

two years after the recognised
majority union obtained certification
as such, but an application may be
made with leave of the Board
although two years have not expired
since the certification was obtained.
(2) Where a union desires to obtain leave of the

Board pursuant to subsection (1) (b) it shall make an
application to the Board for the purpose, and if the Board is
satisfied that good reasons exist for making the application
for certification of recognition before the expiration of the
period of two years, the Board may grant leave accordingly.
(3) In determining whether good reasons exist

under subsection (2), the question, whether the union making
the application to the Board, has the support of more than
fifty per cent of the workers comprised in the bargaining unit
for which the recognised majority union is certified, may be
taken into account, but may not be the sole reason on which
leave is to be granted.
(4) No application for certification of recognition

may be made by a trade union earlier that twelve months
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from the date when the application made by that union for
certification with respect to the same bargaining unit was last
determined or from the date when its certificate of recognition
was cancelled.
(5) An application for certification of recognition

once made may not be withdrawn, except with leave of the
Board.
(6) Where a union is dissatisfied with the, decision
of the Board made under subsection (2), the union shall have
a right of appeal to the Minister.
Variation of 30. (1) The bargaining unit and record of certification,

bargaining unit or recognition may be varied in accordance with the
after certifica-
provisions of this section.
tion.
(2) Application may be made to the Board, for

variation of the bargaining unit not earlier than one year after
the date of the certificate of recognition.
(3) An application for variation of the bargaining

unit may be made by—
(a) the recognised majority union;
(b) the employer;
(c) workers employed in the bargaining

unit for which the union is certified,
for the exclusion from that bargaining
unit of those workers or any of them
on the ground that it is no longer an
appropriate bargaining unit in so far
as it includes those workers or any of
them; or
(d) workers not so employed but
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employed by the same employer, for

their inclusion in the bargaining unit
for which the union is an appropriate
bargaining unit for the inclusion of
those workers.
(4) The Board shall not entertain an application

under subsection 3 (c) unless it is satisfied that not less than
fifty percent of the workers comprised in the bargaining unit
have signified in writing their concurrence in the application.
(5) Where, on an application under subsection (3)

the Board is satisfied, after having considered the
circumstances set out in section 19, that workers should be
excluded from, or included in, a bargaining unit, it may vary
the bargaining unit accordingly and make an order for the
variation of the certification and record thereof, made under
section 22.
(6) The certification of a trade union as a

recognised majority union shall not be affected by reason only
of inclusions in, or exclusions from the bargaining unit
pursuant to the provisions of this section.
Poll for 31. On an application made by a minimum of forty

continued
per cent of workers in a bargaining unit for which a union is
certification.
certified the Board shall cause a poll to be taken to determine
whether the union shall continue to be so certified.
32. [Repealed by Act No. 1 of 2009]
PART IV
PROSECUTIONS
Prosecutions. 33. Subject to article 187 of the Constitution, no

prosecution shall be commenced for any offence under this
Act unless authorised by the Board.
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Recovery of 34. Where any person is convicted for an offence

fines and under this Act, the order imposing any fine, or requiring the
wages.
reimbursement of any wages lost, may also direct that the fine
or wages, if not paid in accordance with the order, may be
recovered by levying execution in accordance with the
provisions of Part IV of the Summary Jurisdiction (Petty Debt)
c. 7:01 Act, as if the order were a judgement for the payment of
money with the meaning of that Part, and thereupon,
execution may be levied accordingly.
Where State is 35. Notwithstanding the provisions of this Act, where

employer. the State is the employer the State or any agent or
representative of the State shall not be liable to prosecution
under this Act but an aggrieved party may apply to the High
Court for a declaration and the High Court may make an
order declaratory of the rights of such party.
PART V
RULES, REGULATIONS
Rules. 36. Subject to this Act and to any regulations made

[1 of 2009] thereunder, the Board may make rules providing for the form
and manner in which matters may be brought before it and
determined:
Provided that before such rules are made they shall be

sent to the most representative associations of workers and
the most representative associations of employers, trade
unions and employers respectively, for their comments.
Regulations. 37. (1) The Minister may make regulations generally

for carrying out the provisions of this Act, and, without
prejudice to the generality of the foregoing, regulations may –
(a) provide for the conduct of surveys

and polls; and
(b) prescribe anything which is to be
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prescribed under this Act.
(2) A person who contravenes any of the regulations

made under this Act, shall on summary conviction be liable to
a fine of twenty-eight thousand dollars, and in the case of a
continuing offence, to a further fine of two thousand dollars

for each day during which the offence continues.
_______________
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Trade Union Recognition Cap. 98.07 27
SUBSIDIARY LEGISLATION
_________________
Reg. 8/1999 TRADE UNION (CERTIFICATION OF

RECOGNITION) REGULATIONS
made under section 37
Citation. 1. These Regulations may be cited as the Trade Union

(Certification of Recognition) Regulations.
Interpretation. 2. In these Regulations –
"poll" means a poll conducted under Part II or III;
"Board" means the Trade Union Recognition and

Certification Board established under section 4.
Application 3. Every Trade union desiring to obtain certification of

for certification
recognition in respect of a bargaining unit shall make
to be made to
Board. application to the Board in Form I in the Schedule.
Form 1
Schedule.
Requirements 4. (1) An employer of workers in respect of whom
for poll. certification of recognition is being applied for by a trade
union shall in every case where a poll in connection
therewith is to be conducted, provide adequate
accommodation on premises under his control for the
conduct of such poll.
(2) On the day or days on which the poll is

conducted, the employer shall permit every worker eligible
to take part in the poll to be absent from work during the
conduct of the poll for one hour or such longer period as the
Board may specify and his permitted absence during the
conduct of the poll shall be in addition to the normal period
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[Subsidiary] Trade Union (Certification of Recognition) Regulations
allowed for any meal or off time.
(3) An employer shall make no deduction from the

pay of any worker or impose any other penalty on him in
respect of any period for which the worker is permitted to
be absent from work during the conduct of the poll.
(4) Any person who -

(a) is comprised in or is responsible for
the management of any undertaking
or business or department thereof; or
(b) holds office in a trade union, shall not

unless he is nominated by the
employer or the trade union to be an
official agent as approved by the
Board under its rules, be within the
immediate vicinity of the place where
any polling is being conducted.
Certain acts 5. (1) During the hours that a poll is being

prohibited in or conducted –
near premises
where poll
conducted. (a) no person shall, on any premises on
which such poll is being conducted,
or upon any, road or in any place,
within one hundred yards of such
premises, seek by any means
whatever to influence a worker to
vote or to refrain from voting for a
trade union;
(b) no person other than those waiting to

vote, or persons authorised or
permitted by the rules of the Board
or these Regulations to be present at
the conduct of the poll shall assemble
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or congregate on any premises in

which a poll is being conducted or
within one hundred yards of such
premises.
(2) No person shall seek to ascertain how any

individual worker intends to vote or has voted.
(3) Any person who contravenes or fails to comply

with sub-regulation (1) or (2) is guilty of an offence.
Bribery. 6. (1) A person is guilty of an offence who directly

or indirectly, by himself or by any other person on his behalf
-
(a) gives any money or procures any
office to or for any worker or to or for
any other person on behalf of any
worker or to or for any other person
in order to induce any worker to vote
or refrain from voting or to reward
any worker for having voted or for
having refrained from voting:
(b) makes gift or procurement within the

meaning of paragraph (a) to or for
any person in order to induce that
person to procure, or endeavour to
procure, the selection of any union, or
the vote of any worker in respect of
any matter for which the poll is being
conducted or if upon or in
consequence of any such gift or
procurement, he procures or engages,
promises or endeavours the selection
of any union making the claim as
aforesaid or the vote of any worker.
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(2) A worker is guilty of an offence who before or

during the conduct of a poll directly or indirectly by himself
or by any other person on his behalf, receives, agrees to
receive or contracts for any money, gift, loan or valuable
consideration, office, place of employment for himself or for
any other person for voting or agreeing to vote or for
refraining or agreeing to refrain from voting.
(3) A person is guilty of an offence, who, after the

conduct of a poll directly or indirectly by himself or by any
other person on his behalf, receives any money or valuable
consideration on account of any person having voted or
refrained from voting or having induced any other person to
vote or refrain from voting.
(4) A person guilty of an offence against this

regulation is liable on summary conviction, to a fine of
twenty thousand dollars.
Treating. 7. A person is guilty of an offence who corruptly by

himself or any other person on his behalf; either before,
during or after the conduct of a poll, directly or indirectly
gives or provides or pays wholly or in par the expenses of
giving or providing any food, drink, entertainment or
provision to or for any person –
(a) for the purpose of corruptly

influencing that person or any other
person to vote or refrain from voting
at such conduct of the poll; or
(b) on account of that person or any other

person having voted or refrained
from voting.
Board to issue 8. Where the Board determines an application for

certificate to
certification of recognition and is satisfied that the applicant
recognised
majority Union. trade union should be certified as the recognised majority
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Form 2 union, it shall issue to that trade union a certificate in Form

Schedule.
2 in the Schedule.
Board to issue 9. Every trade union that at the commencement of the

certificate of Act is entitled in accordance with section 32 to be treated as
recognition to
the recognized majority union in respect of a bargaining
trade unions
recognised as unit shall be issued by the Board a certificate in Form 3 in
bargaining the Schedule.
agents at
commencement
of the act.
Form 3
Schedule.
Defacement of 10. Any person who alters, defaces or removes any

noticed notice posted by the Board in accordance with its rules is
prohibited.
guilty of an offence.
Offences and 11. A person who contravenes or fails to comply with

penalties.
any of these Regulations is guilty of an offence and, save in
the case of an offence against regulation 6 is liable on
summary conviction to a fine of twenty thousand dollars
and in the case of a continuing offence to a further fine of
one thousand dollars for each day the offence continues.
SCHEDULE
Reg. 3
FORM 1
TRADE UNION (CERTIFICATION OF RECOGNITION)

REGULATIONS
Application for Certification of Recognition
1. Name of Claimant Union……………………......................

2. Registered or Business Address ..........................................
3. Name of Employer ..................................................................
...........................................................................................................
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Address ...................................................................................
(a) Description of the bargaining unit for which certification

is sought...........................................................................................
......................................................................................................
...........................................................................................................
(b) The location (s) at which the workers in the above-

mentioned bargaining unit normally work:...........................
...........................................................................................................
...........................................................................................................
Approximate number of workers comprised in the

bargaining unit for which the claimant union seeks
certification:
..........................................................................................................
4. Approximate number of workers comprised in the

bargaining unit for which the claimant union seeks
certification………………………………………………………
5. Approximate total number of workers employed in the

undertaking of which the proposed bargaining unit forms a
part………………………………………………………………..
6. Give the name of any other Trade Union representing or

claiming to represent for collective bargaining purposes any
or all of the workers covered by this application……………
……………………………………………………………………
7. (a) Is there any existing or recently expired Collective

Agreement pertaining to any or all of the workers covered
by this application?....................................................................
(b) If known, give date of termination of Agreement……

…………………………………………………………………..
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8. Other relevant statements (attach pages if necessary)........

……………………………………………………………………...
The CLAIMANT UNION, hereby makes application

pursuant to section 18 of the Act, to be certified by the Trade
Union Recognition and Certification Board as the
recognized majority union in respect of the workers in the
bargaining unit hereinbefore described.
Made and signed on behalf of the Claimant Unit this

day of 20 .
Signature………………………
Office Held…………………….
_______________
FORM 2
Reg. 8

REGULATION.
Certificate issued to Recognised Majority Union
Issued this............................. day of ..............................20..........

By virtue of and pursuant to the authority vested in it by
section 22 of the Trade Union Recognition Act, Cap. 98:07
the Trade Union Recognition and Certification Board hereby
certifies............................................................................................
(Name of Union)
as the recognised majority union in respect of the workers
employed by:
...........................................................................................................
(Name of Employer)
and comprised in a bargaining unit as hereunder described:
...........................................................................................................
...........................................................................................................
...........................................................................................................
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The number of workers in the bargaining unit aforesaid as

at the relevant date, that is to say the .................day of ...........
...................20.......was ……….......................................................
...........................................................................................................
This Certificate is effective from the ...........day of

….....................20….
............................................
Chairman
(Seal of Board) .............................................
Secretary
_______________
FORM 3
Reg. 9

REGULATIONS
Certificate issued to Recognised Majority Union

Issued this.........................day of...........................20 ...
Pursuant to the provisions of section 32 of the Trade Union

Recognition Act, Cap. 98:07, the Trade Union Recognition
and Certification Board hereby certifies:
...........................................................................................................
(Name of Union)
as the recognised majority Union in respect of the workers

employed by:
...........................................................................................................
comprised in a bargaining unit as hereunder described
...........................................................................................................
...........................................................................................................
...........................................................................................................
...........................................................................................................
The Union and the Employer herein mentioned are parties
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to a Collective Agreement dated

...........................................................................................................
...........................................
Chairman
…………………………
(Seal of Board) Secretary
________________
Reg. 1/2001
TRADE UNION (CERTIFICATION OF
RECOGNITION) REGULATIONS
Citation.
1. These Regulations may be cited as the Trade Union
(Certification of Recognition) Regulations.
Interpretation.
2. In these Regulations –
“Board" has the same meaning as in Section 2 of the Act.
Employers to 3. (1) An employer in respect of whose employees

submit records.
certification of recognition is applied for by a trade union
shall, in every case where a membership survey or poll in
connection therewith is to be conducted, submit to the
Board, on request, a list showing the names and
designations of the employees in the appropriate bargaining
unit in employment on the date specified in the request and
such other information as may be requested.
(2) Where the membership survey is in pursuance
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of a challenge to a certified union that has a check off

agreement with the employer, the employer shall, in
addition to other documents, submit to the Board a true and
accurate copy of the relevant records showing clearly those
workers who paid union dues under the check off system,
and where imposed by agreement, those workers from
whom agency fees were deducted for the pay period
indicated.
(3) An employer who fails to submit on request

any information or records by the specified date is guilty of
an offence.
Authenticity of 4. (1) It is an offence to supply incomplete, inaccurate,

documents. false or forged documents to the Board.
(2) Where, in examining the authenticity of any

document submitted to it, the Board upon investigation has
reasons to believe that it is forged, the Board shall inform
the concerned parties and shall refer such document to the
Law Officers for advice.
Determination 5. Where a certified union has a check off agreement

of support of with an employer, and the number of workers who paid
unions in a
challenge.
dues to it on the last payday prior to the receipt of the
application of any challenging union is over sixty percent of
the bargaining unit, the status of the challenged union shall
remain unchanged.
_____________________
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EMPLOYMENT OF YOUNG PERSONS AND CHILDREN

ACT
CHAPTER 99:01
Act
14 of 1933
Amended by
6 of 1934
7 of 1940
21 of 1983
9 of 1999

Pages Authorised
1 – 12 ... 1/2012
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2 Cap. 99:01 Employment of Young Persons and Children
Note
on
This Chapter contains no subsidiary legislation.
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Employment of Young Persons and Children Cap. 99:01 3
CHAPTER 99:01
EMPLOYMENT OF YOUNG PERSONS AND CHILDREN ACT
SECTION
1. Short title.
2. Interpretation.
3. Restriction on the employment of young persons and children in
industrial undertakings.
4. [ Repealed]
5. Offences.
6. Regulations.
7. Savings.
SCHEDULE—Convention forms.
__________________________
1953 Ed.
c. 107
_________ ______ ______ ______ ______ ______ ______ ______ ____
14 of 1933 An Act to implement certain Conventions relating to

the employment of young persons and children.
[1st April, 1938]
[9 of 1999] WHEREAS at Washington, on the 28th November, 1919,

a general conference of the International Labour Organisation
of the League of Nations adopted three Conventions one
of which (together with other provisions) contains the
provisions set out in Part I of the Schedule to this Act;
AND WHEREAS at Geneva on the 26th June, 1973, a general

conference of the International Labour Organisation adopted
a Convention containing (together with other provisions) the
provisions set out in Part II of the Schedule to this Act;
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AND WHEREAS it is expedient that for the purpose of

carrying out the said Conventions set out in the Schedule to
this Act the provisions hereinafter contained should have
effect:
BE IT THEREFORE enacted as follows:—
Short title. 1. This Act may be cited as the Employment of

[21 of 1983
9 of 1999]
Young Persons and Children Act.
Interpretation. 2. In this Act and in the provisions of the

[7 of 1940
Conventions contained in the Schedule—
21 of 1983
9 of 1999]
“child” means a person under the age of fifteen years;
“industrial undertaking” has, with respect to the employment

of children and young persons the meanings respectively
assigned thereto in the Conventions set out in Part I of
the Schedule;
“ship” means any sea-going ship or boat of any description

which is registered in Guyana under the Guyana
c. 49:01
Shipping Act;
“young person” means a person who has ceased to be a child

and who is under the age of sixteen years.
Restriction on 3. (1) No child shall be admitted to employment or

the employ- work in any occupation.
ment of young
persons and
children in (2) No young person shall be employed at night in
industrial any industrial undertaking, except to the extent to which
undertakings. and in the circumstances in which such employment is
[21 of 1983
9 of 1999]
permitted under the Convention set out in Part I of the
Schedule.
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(3) Where young persons are employed in any

industrial undertaking, a register of the young persons so
employed, and of the dates of their birth, and of the dates on
which they enter and leave the service of their employer, shall
be kept and shall at all times be open to inspection.
4. [Repealed]
Offences 5. (1) If any person employs a child in any occupation

[21 of 1983 or work or a young person in any industrial undertaking in
9 of 1999]
contravention of this Act, he shall be liable on summary
conviction to a fine of ten thousand dollars, or, in the case of
a second or subsequent offence, of fifteen thousand dollars.
(2) Where the offence of taking a child into

employment in contravention of this Act is in fact committed
by an agent or workman of the employer, such agent or
workman shall be liable to a penalty as if he were the
employer.
(3) Where an employer is charged with any offence

under this Act, he shall be entitled upon information duly laid
by him, to have any other person whom he charges as the
actual offender brought before the court at the time
appointed for hearing the charge, and if, after the
commission of the offence has been proved, the court is
satisfied that the employer had used due diligence to comply
with this Act, and that the other person had committed the
offence in question without the employer’s knowledge,
consent, or connivance, the other person shall be summarily
convicted of the offence, and the employer shall be exempt
from any fine.
(4) When it is made to appear to the satisfaction of

the Chief Labour Officer at the time of discovering the
offence, that the employer had used all due diligence to
enforce compliance with this Act, and also by what person the
offence had been committed, and also that it had been
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committed without the knowledge, consent or connivance of

the employer, and in contravention of his order, then the
Chief Labour Officer shall proceed against the person whom
he believes to be the actual offender in the first instance,
without first proceeding against the employer.
(5) If any person being the employer of a young

person fails to keep such a register so required to be kept
by him as aforesaid or refuses or neglects when required to
produce it for inspection by an officer of the Department of
Labour, he shall be liable on summary conviction to a fine
of twenty-one thousand dollars.
(6) If any parent of or any person who is

liable to maintain or has the actual custody of a child or
young person has, by wilful default or by habitually
neglecting to exercise due care, conduced to the commission
of the offence of taking a child into employment in
contravention of this Act, he shall be liable on summary
conviction to a fine of ten thousand dollars or, in case of a
second or subsequent offence, fifteen thousand dollars.
(7) Where a child is taken into employment in

contravention of this Act on the production, by or with the
privity of the parent, of a false or forged certificate, or on the
false representation of his parent that the child is of an age at
which such employment is not in contravention of this Act,
that parent shall be liable on summary conviction to a fine of
ten thousand dollars.
Regulations. 6. The Minister may make regulations –

[21 of 1983
9 of 1999]
(a) defining the line of division which
separates industry from commerce and
agriculture;
(b) extending the provisions of this Act which
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apply to young persons or children to

persons who are not young persons or
children, as the case may be, but are under
the age of eighteen years, in respect of any
occupation or occupations in which the
employment of such persons may seem
deleterious;
(c) in respect of safety and sanitary

conditions (including ventilation,
overcrowding, et cetera) in regard to any
industrial undertakings in which young
persons or children are employed.
Savings.
7. (1) The provisions of this Act shall be in addition to
[21 of 1983
9 of 1999] and not in derogation of any of the provisions of any
other Act restricting the employment of young persons or
children.
(2) Nothing in this Act shall apply to any

employment or work in which only members of the same
family are employed.
(3) Nothing in this Act shall prevent the

employment in any industrial undertaking or ship of a child
lawfully so employed at the commencement of this Act.
SCHEDULE
PART I
CONVENTION CONCERNING THE NIGHT WORK OF

YOUNG PERSONS EMPLOYED IN INDUSTRY
ARTICLE 1
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For the purpose of this Convention, the term “industrial

undertaking” includes particularly:—
(a) Mines, quarries, and other works for the

extraction of minerals from the earth;
(b) Industries in which articles are

manufactured, altered, cleaned repaired,
ornamented, finished, adapted for sale,
broken up, or demolished or in which
materials are transformed; including
shipbuilding, and the generation,
transformation and transmission of
electricity or motive power of any kind;
(c) Construction, reconstruction, maintenance,

repair, alteration, or demolition of any
building, railway, tramway, harbour, dock,
pier, canal, inland waterway, road, tunnel,
bridge, viaduct, sewer, drain, well,
telegraphic or telephonic installation,
electrical undertaking, gas work, water
work, or other work of construction as well
as the preparation for or laying the
foundations of any such work or structure;
(d) Transport of passengers or goods by road or

rail, including the handling of goods at
docks, quays, wharves, and warehouses, but
excluding transport by hand.
The competent authority in each country shall define the line

of division which separates industry from commerce and
agriculture.
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ARTICLE 2
Young persons under eighteen years of age shall not be

employed during the night in any public or private industrial
undertaking or in any branch thereof, other than an
undertaking in which only members of the same family are
employed, except as hereinafter provided for.
Young persons over the age of sixteen may be employed

during the night in the following industrial undertakings on
work which by reason of the nature of the process, is required
to be carried on continuously day and night:
(a) Manufacture of iron and steel; process in

which reverberatory or regenerative
furnaces are used, and galvanizing of sheet
metal or wire (except the pickling process);
(b) Glass works;
(c) Manufacture of paper;
(d) Manufacture of raw sugar;
(e) Gold mining reduction work.
ARTICLE 3
For the purpose of this Convention the term “night” signifies

a period of at least eleven consecutive hours, including the
interval between ten o’clock in the evening and five o’clock in
the morning.
In coal and lignite mines work may be carried on in the

interval between ten o’clock in the evening and five o’clock in
the morning, if an interval of ordinarily fifteen hours, and in
no case of less than thirteen hours, separates two periods of
work.
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Where night work in the baking industry is prohibited for all

workers, the interval between nine o’clock in the evening and
four o’clock in the morning may be substituted in the baking
industry for the interval between ten o’clock in the evening
and five o’clock in the morning.
ARTICLE 4
The provisions of Articles 2 and 3 shall not apply to the night

work of young persons between the ages of sixteen and
eighteen years in cases of emergencies which could not have
been controlled or foreseen, which are not of a periodical
character, and which interfere with the normal working of the
industrial undertaking.
ARTICLE 7
The prohibition of night work may be suspended by the

Government for young persons between the ages of sixteen
and eighteen years, when in case of serious emergency
the public interest demands it.
PART II
CONVENTION CONCERNING MINIMUM AGE FOR

ADMISSION TO EMPLOYMENT.
ARTICLE 1
Each member for which this Convention is in force

undertakes to pursue a national policy designed to ensure the
effective abolition of child labour and to raise progressively
the minimum age for admission to employment or work to a
level consistent with the fullest physical and mental
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development of young persons.
ARTICLE 2
Each Member which ratifies this Convention shall specify in a

declaration appended to its ratification, a minimum age for
admission to employment or work within its territory and on
means of transport registered in its territory; subject to
Articles 4 to 8 of this Convention, no one under that age shall
be admitted to employment or work in any occupation.
The minimum age specified in pursuance of paragraph 1 of

this Article shall not be less than the age of completion of
compulsory schooling and, in any case, shall not be less than
15 years.
ARTICLE 3
The minimum age for admission to any type of employment

or work which by its nature or the circumstances in which it
is carried out is likely to jeopardise the health, safety or
morals of young persons shall not be less than 18 years.
ARTICLE 4
In so far as necessary, the competent authority, after

consultation with the organisations of employers and workers
concerned, where such exist, may exclude from the
application of this Convention limited categories of
employment or work in respect of which special and
substantial problems of application arise.
ARTICLE 5
The provisions of the Convention shall be applicable as a

minimum to the following: mining and quarrying;
manufacturing; construction; electricity; gas and water;
sanitary services; transport; storage and communication; and
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plantations and other agricultural undertakings mainly

producing for commercial purposes, but excluding family
and small-scale holdings producing for local consumption
and not regularly employing hired workers.
ARTICLE 6
This Convention does not apply to work done by children

and young persons in schools for general, vocational or
technical education or in other training institutions, or to
work done by persons at least 14 years of age in undertakings
where such work is carried out in accordance with conditions
prescribed by the competent authority, after consultation
with the organisations of employers and workers concerned,
where such exist, and is an integral part of –
(a) a course of education or training for which a

school or training institution is primarily
responsible;
(b) a programme of training mainly or entirely

in an under taking, which programme has
been approved by the competent authority;
or
(c) a programme of guidance or orientation

designed to facilitate the choice of an
occupation or of a line of training.
_________________________
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LEAVE WITH PAY ACT
CHAPTER 99:02
Act
6 of 1995
Amended by
21 of 2009

Pages Authorised
1 – 63 ... 1/2012
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2 Cap. 99:02 Leave With Pay
Index
of
Page
Holidays with Pay (Drug Store Employees) Order 11
(O. in C. 7/1953, 4 of 1972)
Holidays with Pay (Grocery Store Employees) Order 13

(O. in C. 9/1953, 4 of 1972)
Holidays with Pay (Hardware Store Employees) Order 16

(O. in C. 10/ 1953, 4 of 1972)
Holidays with Pay (Dry Goods Store Employees) Order 18

(O. in C. 11/ 1953, 4 of 1972)
Holidays with Pay (Watchmen) Order 21

(O. in C. 13/1953, 4 of 1972, O. 40/1975)
Holidays with Pay (Laundry Employees) Order 24

(O. in C. 31/1953, 38/1962)
Holidays with Pay (Hotel, Restaurant, Cookshop and Parlour

Employees) Order 27
(O. in C. 32/ 1953)
Holidays with Pay (Saw Mill Workers) Order 30

(O. 61/ 1953, 19/ 1966 B )
Holidays with Pay (Quarry Workers) Order 33

(O. 45/1957)
Holidays with Pay (Timber Grant Employees) Order 35

(O. 50/ 1957)
Holidays with Pay (Bakery Employees) Order 37

(O. 51/ 1958, 4 of 1972)
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Leave With Pay Cap. 99:02 3
Holidays with Pay (Shirt and Garment Factory Workers) Order 40
Holidays with Pay (Clerical Employees) Order 43

(O. 15/ 1959)
Holidays with Pay (Printery Employees ) Order 46
Holidays with Pay (Domestic Servants) Order 49

(O. 72/1959 )
Holidays with Pay (Chauffeurs) Order 52

(O. 96/1959)
Holidays with Pay (Stone Crushing Plant Employees) Order 54

(O. 96/ 1960)
Holidays with Pay (Employees at Petrol Filling Station) Order 57

(O.96/ 1977)
Holidays with Pay (Register of Holidays) Regulations 60

(Reg. 10/ 1953)
Holidays with Pay (Advisory Committees and Enquiry)(Procedure)

Regulations 61
(Reg. 51/ 1958, 4 of 1972)
Note
on
Repeal
This Act repealed the Holidays with Pay Act 3 of 1952.
Note
on
Revision
In the subsidiary legislation, wherever the word “holiday” appears, it shall be substituted by the
word “leave” unless the context otherwise requires.
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CHAPTER 99:02
LEAVE WITH PAY ACT
SECTION
1. Short title.
2. Interpretation.
3. Grant and method of computing holidays with pay.
4. Periods of holidays with pay.
5. Remuneration for holidays with pay.
6. Payment for holidays with pay upon termination of employment.
7. No power to contract out of Act.
8. Records.
9. Offences.
10. Offence by agent, penalties, and court order.
11. Institution of prosecutions by Chief Labour Officer.
12. Regulations.
13. Savings.
_________________________
6 of 1995 An Act to repeal and re-enact the Leave with Pay Act, to
[21 of 2009]
provide for the grant and regulation of annual leave
with pay for all categories of workers and for matters
connected therewith and incidental thereto.
[23rd MARCH, 1995]
Short title. 1. This Act may be cited as the Leave with Pay Act.
Interpretation. 2. In this Act

[21 of 2009]
“employer” means –
(a) any person that has entered into a contract to

employ any other person; and
(b) includes any agent, attorney, manager, clerk or
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other person who is placed in authority over

the person employed;
“occupation” includes any trade, industry, undertaking or

business;
“wages” means the regular amounts paid by an

employer to a worker in respect of the worker’s
services and includes the value of any allowance in
kind supplied to such worker under or by virtue of his
contract of employment, but does not include any
amount paid in respect of overtime work or by way of
bonus, unless such payments by way of bonus form part
of such regular amounts; and for the purposes of this
definition the cash value of any allowance in kind shall
be deemed to be the amount fixed as such by or under
the terms of the worker’s employment, or if it is not so
fixed, shall be as determined by the Chief Labour Officer;
“worker” means a worker employed in any occupation.
“workplace” means any establishment, place or premises

where a worker needs to be or to go by reason of his
work.
Grant and 3. (1) Every worker being in employment shall be

method of
allowed a period of leave with pay of not less than one day
computing
leave with pay. for each completed month of employment computed from the
date of engagement.
(2) 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 leave with pay.
(3) Every worker who is employed on a daily or

hourly basis, shall be allowed a period of leave 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.
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Periods of leave 4. (1) No employer shall require a worker to take

with pay.
his leave with pay in periods of less than six consecutive days:
[21 of 2009]
Provided that any of the days which are Sundays or

Public Holidays shall not be computed as leave with pay
under this Act.
(2) The leave 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
leave accrues.
(3) The employer shall determine the date on

which the leave shall commence taking into account any
special request by the worker.
Remuneration 5. (1) In respect of a period of leave with pay, the

for leave with employer shall pay to the worker for each day of such
pay. period his current daily wage.
(2) If the worker so requests, the wages payable in

the course of the leave shall be paid to him before such leave
commences.
Payment for 6. When the employment of a worker is terminated,

leave with pay either by such worker or by the employer, the employer shall
upon
pay to such worker in lieu of such period of leave with pay as
termination of
employment. 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 leave with pay if
taken at that date.
No power to 7. Any provision in any agreement between any

contract out of employer and a worker whereby the worker purports to
Act.
contract himself out of the provisions of this Act, or whereby
the worker undertakes to receive any less benefit than he is
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entitled to under this Act shall be of no effect.
Records. 8. Every employer shall keep such records as may be

prescribed to show that the provisions of this Act are
being complied with in respect of persons in his employment.
Offences 9. (1) Any employer who—

penalties and
court order.
(a) fails to allow any worker leave with
[21 of 2009]
pay in accordance with this Act;
(b) fails to pay any worker the wages

required under section 5 or the sum
required under section 6;
(c) enters into any contract, any of the

provisions of which is of no effect
under section 7;
(d) fails to keep any records prescribed

under section 8, or knowingly makes
or permits or causes to be made any
false entry in such records; or
(e) contravenes any of the provisions of

any regulations made under section
12,
commits an offence and shall be liable on summary

conviction to a fine of not less than twenty-five thousand
dollars nor more than thirty thousand dollars.
(2) A court convicting any person of an offence

against subsection (1)(a) shall, in addition to imposing a fine,
order the person to pay the worker concerned such sum as in
the opinion of the court represents the wages due to that
worker as payment for all outstanding leave with pay.
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(3) A court convicting any person of an offence

against subsection (1)(b) shall, in addition to imposing a fine,
order the person to pay the worker concerned such sum as in
the opinion of the Court represents all wages or sums due to
that worker under section 5 or 6, as the case may be.
(4) In making an order under subsection (2) or (3),

the court shall take into account the outstanding leave or, as
the case may be, the wages or sums due to that worker in
respect of any period of employment after the commencement
of the Holidays with Pay (Amendment) Act 2009, regardless
whether the conviction relates to that period of employment.
Offences by 10. (1) Where an offence for which an employer is, by

agent. virtue of this Act, liable to a penalty, has in fact been
[21 of 2009]
committed by some agent of the employer or other person,
that agent or other person shall be liable to be proceeded
against for the offence in the same manner as if he were the
employer and shall be liable to the same punishment to which
the employer is liable.
(2) Where an employer charged with an offence

under this Act proves to the satisfaction of the court that he
has used due diligence to secure the compliance by his agent
with this Act, and that the offence has in fact been
committed by an agent or some other person without his
knowledge, consent or connivance, he shall, in the event of
the conviction of that agent or other person, be exempt from
any penalty in respect of such offence.
(3) Where the immediate employer of any worker

who is entitled to be allowed leave with pay is himself in the
employment of some other person, and that worker is
employed on the premises of that other person that other
person shall, for the purposes of this Act, he deemed to be an
employer of the worker jointly with the immediate employer.
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Institution of 11. (1) The Chief Labour Officer may institute or cause
prosecutions by
to be instituted any prosecution for the purpose of enforcing
Chief Labour
Officer. this Act.
[21 of 2009]
(2) Any officer of the Department of Labour
may prosecute or conduct before any court having
jurisdiction any information, complaint or other proceeding
arising under this Act.
(3) A summons for any proceedings arising under

this Act may be served –
(a) in the manner provided by section 12

of the Summary Jurisdiction
c. 10:02 (Procedure) Act; or
(b) by leaving the summons with any

person who –
(i) is found on the workplace of

the worker in relation to whom
those proceedings arise; and
(ii) appears to be employed by the
defendant; or
(c) if no person referred to in paragraph

(b) can, with reasonable diligence be
found, by affixing the summons in a
conspicuous manner to the door or
outer wall of the workplace referred
to in paragraph (b).
Regulations. 12. The Minister may make regulations generally for

giving effect to the purposes of this Act and for the better
carrying out of any of the provisions of this Act.
Savings. 13. (1) Notwithstanding the repeal of the Holidays

with Pay Act, the Holidays with Pay (Register of Holidays)
Regulations made under section 11 of the said Act, shall with
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any necessary modification and subject to the power of the

Minister to amend or revoke them, continue in force as if they
were made under section 12 of this Act.
(2) Any accrued right in relation to holidays with pay

of any worker being in employment on a date prior to the
commencement of this Act shall be taken into consideration in
computing his entitlement to leave with pay under this Act.
____________________
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Leave with Pay Cap. 99:02 11
_________________
O. in C.
HOLIDAYS WITH PAY (DRUG STORE
7/1953
4 of 1972 EMPLOYEES) ORDER
Citation and 1. This Order may be cited as the Holidays with Pay
commence-
(Drug Store Employees) Order and shall come into operation
ment.
on 1st February, 1953.
Interpretation. 2. In this Order—

[4 of 1972]
"Christmas period" means the eight working days

immediately preceding Christmas day; "drug store"
means any place or premises required to take out a
c.80:01 licence under section 24 or 25 of the Tax Act; ;
"earnings" means the regular amounts paid by an employer

to an employee in respect of the employee's services and
includes the value of any meals supplied to such
employee under or by virtue of his contract of
employment, but does not include any amount paid in
respect of overtime work or by way of bonus, unless such
payments by way of bonus form part of such regular
amounts;
"employee" means any person employed in a drug store ;
"medical practitioner" means a person registered as a medical

c.134
practitioner under the Medical Service Ordinance.
1953 Ed.
Method of 3. (1) Every employee being in employment at the

computing date of the commencement of this Order shall be allowed a
holidays with
period of holidays with pay of not less than one day for each
pay.
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12 Cap. 99:02 Leave with Pay

[Subsidiary] Holidays with Pay (Drug Store Employees) Order
completed month of employment computed as though his

employment commenced on the date of the commencement of
this Order.
(2) Every employee not being in employment at the

date of the commencement of this Order but thereafter 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.
Periods of 4. (1) No employer shall require an employee to take

holidays with his holidays with pay in periods of less than six consecutive
pay.
days, and no employee shall require his employer to allow
him holidays with pay prior to the completion of six
consecutive months' service or during the Christmas period;
Provided that any of the days which are public holidays

may, by agreement between the employer and the employee,
be allowed as a period of holidays with pay.
(2) The holidays with pay shall be given by the

employer and shall be taken by the employee before the
expiration of three months after the date upon which the right
to such holiday accrues.

which the holiday shall commence and shall give to the
employee not less than seven days' notice of such date.
Remuneration 5. In respect of a period of holidays with pay the

for holiday
employer shall pay to the employee for each day of such
with pay.
period remuneration at the rate of one-sixth of the average
weekly earnings of the employee during the previous six
months or during the period of his employment with the
employer whichever is the lesser period.'
Payment for 6. When the employment of an employee is

holidays with terminated, either by the employee or by the employer, the
pay upon
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[Subsidiary] Holidays with Pay (Drug Store Employees) Order
Holidays with Pay (Grocery Employees) Order
termination of employer shall pay to the employee in lieu of such period of
employment.
holidays with pay as shall have accrued under the provisions
of this Order and in respect of which no payment has been
made, a sum equal to the remuneration which would have
been paid for a like period of holidays with pay if taken at that
date.
Computing 7. For the purposes of this Order a period of

continuous employment shall be deemed to be continuous if it has not
employment
been interrupted by absence from work without the
for holidays
with pay. permission of the employer for a period not exceeding two
consecutive days:
Provided that periods of illness certified by a medical

practitioner not exceeding fourteen days shall not be deemed
to be a break in employment for the purposes of this Order.
-------------
O. in C.
HOLIDAYS WITH PAY (GROCERY
9/1953
commence-
(Grocery Employees) Order and shall come into operation on
ment.
1st February 1953.

[4 of 1972]

immediately preceding Christmas day;
'earnings" means the regular amounts paid by an employer to

an employee in respect of the employee's services and
includes the
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[Subsidiary]
Holidays with Pay (Grocery Employees) Order
value of any meals supplied to such employee under or

by virtue of his contract of employment, but does not
include any amount paid in respect of overtime work or
by way of bonus, unless such payments by way of bonus
form part of such regular amounts;
"employee" means any person employed in a grocery;

"grocery" means any place or premises used solely or
mainly for the sale of groceries, either by way of
wholesale or retail trade;

c.134
practitioner under the Medical Services Ordinance.
1953 Ed.

holidays with
pay.
this Order.


holidays with
pay.
his holidays with pay in periods of less than six consecutive
consecutive months' service or during the Christmas period:

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[Subsidiary] Holidays with Pay (Grocery Employees) Order



for holiday
with pay.
period remuneration at the of one-sixth of the average weekly
earnings of the employee during the previous six months or
during the period of his employment with the employer
whichever is the lesser period.

pay upon
employer shall pay to the employee in lieu of such period of
termination of
employment. holidays with pay as shall have accrued under this Order and
in respect of which no payment has been made, a sum equal
to the remuneration which would have been paid for a like
period of holidays with pay if taken at that date.

employment for
holidays with
pay. permission of the employer for a period not exceeding two
consecutive days:

____________
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[Subsidiary] Holidays with Pay (Hardware Store Employee) Order
HOLIDAYS WITH PAY (HARDWARE STORE

O. in C.
10/1953 EMPLOYEES) ORDER
4 of 1972
commence-
(Hardware Store Employees) Order and shall come into
ment.
operation on 1st February, 1953.

[4 of 1972]

immediately
preceding Christmas day;
"earnings" means the regular amounts paid by an employer to

payments by way of bonus form part of such amounts;
"employee" means any person employed in a hardware store;

"hardware store" means any place or premises used solely
or mainly for the sale of furniture, hardware or
ironmongery either by way of wholesale or retail trade;
c.134
1953 Ed. "medical practitioner" means a person registered as a medical

holidays with
pay.
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[Subsidiary] Holidays with Pay (Hardware Store Employee) Order

this Order.
(2) Every employee not being in employment at

the date of the commencement of this Order but thereafter
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 his engagement.
4. (1) No employer shall require an employee to take

Periods of his holidays in periods of less than six consecutive days, and
holidays with
no employee shall require his employer to allow him holidays
pay.
with pay prior to the completion of six consecutive months'
service or during the Christmas period:

be allowed
as a period of holidays with pay.



for holiday
with pay.
employer whichever is the lesser period.

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[Subsidiary] Holidays with Pay (Dry Goods Store Employees) Order
pay upon Holidays with Pay (Dry Goods Store Employees) Order

termination of holidays with pay as shall have accrued under this Order and
employment.
in respect of which no payment
has, been made, a sum equal to the remuneration which

would have been paid for a like period of holidays with pay if
taken at that date.

employment for
holidays with
consecutive days:

-----------------
O. in C.
HOLIDAYS WITH PAY (DRY GOODS STORE
11/1953
Citation and 1. This Order may be cited as the Holidays with Pay (Dry
commence-
Goods Store Employees) Order and shall come into operation on 1st
ment.
February, 1953.

[4 of 1972]
"Christmas period" means the eight working days immediately
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[Subsidiary] Holidays with Pay (Dry Goods Store Employees) Order
preceding Christmas day;
"dry goods store" means any place or premises used solely or

mainly for the sale of dry goods either by way of

employment but does not include any amount paid in
amounts;
"employee" means any person employed in a dry goods store;
c.134
1953 Ed.

holidays with
pay.
employment commenced on the date of the commencement
of this Order.

with pay of not less than one day for each completed month
of employment computed from the date of engagement.

pay.
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[Subsidiary] Holidays with Pay (Dry Goods Store Employees)

may, by agreement between the employer and the employee, be
allowed as a period of holidays with pay.
employer and shall be taken by the employee before the expiration

of three months after the date upon which the right to such holiday
accrues.
(3) The employer shall determine the date on which the

holiday shall commence and shall give to the employee not less than
seven days' notice of such date.
Remuneration 5. In respect of a period of holidays with pay the employer

for holiday shall pay to the employee for each day of such period remuneration
with pay.
at the rate of one-sixth of the average weekly earnings of the
employee during the previous six months or during the period of
his employment with the employer whichever is the lesser period.
Payment for 6. When the employment of an employee is terminated,

holidays with either by the employee or by the employer, the employer shall pay
pay upon to the employee in lieu of such period of holidays with pay as shall
termination of
employment.
have accrued under this Order and in respect of which no payment
has been made a sum equal to the remuneration which would have
been paid for a like period of holidays with pay if taken at that date.
Computing 7. For the purposes of this Order a period of employment

continuous
shall be deemed to be continuous if it has not been interrupted by
employment
for holidays absence from work without the permission of the employer for a
with pay. period not exceeding two consecutive days:

practitioner not exceeding fourteen days shall not be deemed to be a
break in employment for the purposes of this Order.
______________
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[Subsidiary] Holidays with Pay (Watchmen) Order
O. in C.
HOLIDAYS WITH PAY (WATCHMEN) ORDER
13/1953
4 of 1972
O.40/1975
commence-
(Watchmen) Order and shall be deemed to have come into
ment.
operation on 1st January, 1953.

[4 of 1972
O. 84/1981]
“Christmas period” means the eight working days
“earnings” means the regular amounts paid by an

employer to an employee in respect of the employer's
services and includes the value of any meals supplied to
such employee under or by virtue of his contract of
amounts;
“employee” means any person employed as a

watchman;
“medical practitioner” means a person registered as

c.32:02 a medical practitioner under the Medical Practitioners Act.
c
"watchman" means any person wholly or mainly

employed to watch over any specific property:
Provided that employment only to operate or

superintend the use of a gate, shall not be deemed to
constitute employment to watch over property for the
purposes of this definition.
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Method of 3. (1) Every employee employed on a weekly,

computing
fortnightly, or monthly basis being in employment at the
holidays with
pay. date of the commencement of this Order shall be allowed a
[O. 40/1975] period of holidays with pay of not less than one day for each
of this Order.
(2) Every employee employed on a weekly,

fortnightly, or monthly basis not being in employment at the
in employment shall be allowed a period of holidays with
pay of not less than one day for each completed month of
(3) Every employee employed on a daily or

hourly basis, being in employment at the date of the
commencement of the Holidays with Pay (Watchmen)
(Amendment) Order, 1975, shall be allowed a period of
holidays with pay of not less than one day for every period
of twenty days or 160 hours, as the case may be, worked by
him computed as though his employment commenced on
the said date.
(4) Every employee employed on a daily or

hourly basis, not being in employment at the date
mentioned in paragraph (3), shall be allowed a period of
holidays with pay of not less than one day for every period
of twenty days or 160 hours, as the case may be, worked by
him computed from the date of engagement.
Periods of 4.(1) No employer shall require an employee to take

pay.

3rd May, 1975
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may, by agreement between the employer and the
employee, be allowed as a period of holidays with pay.

expiration of three months after the date upon which the
right to such holiday accrues.


for holiday employer shall pay to the employee for each day of such
with pay.

pay upon
termination of
employment. holidays with pay as shall have accrued under this Order
and in respect of which no payment has been made, a sum
equal to the remuneration which would have been paid for a

continuous
employment shall be deemed to be continuous if it has not
employment for
holidays with been interrupted by absence from work without the
consecutive days:

practitioner not exceeding fourteen days shall not be
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[Subsidiary] Holidayswith
Holidays with Pay
Pay (Watchmen) Order
(Laundry Employees) Order
deemed to be a break in employment for the purposes of this

Order.
________________
O in C.
HOLIDAYS WITH PAY
31/1953
38/1962 (LAUNDRY EMPLOYEES) ORDER
commence-
(Laundry Employees) Order and shall come into operation on
ment.
1st May, 1953.

[O.38/1962]

immediately preceding Christmas Day;

an employee in respect of the employee's services, and
respect of overtime or by way of bonus, unless such
amounts;
"employee" means any person employed in a laundry;
"laundry" means any place where persons are employed by

way of trade or business or for purposes of gain in
washing, ironing, pressing or dry cleaning of clothing,
bed-linen or table-linen and on all duties incidental
thereto; and also where any such persons are employed
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[Subsidiary] Holidays
Holidays with
with PayPay(Laundry
(Watchmen) Order Order
Employees)
on any of the aforementioned duties incidental to any

other trade or business;
“medical practitioner” means a person registered as a medical

c. 32:02
practitioner under the Medical Practitioners Act.

holidays with
pay.
[O. 40/1975] completed month of employment computed as though his
of this Order.

of employment computed from the date of his engagement.

pay.

may by agreement between the employer and the employee,
(2) T1he holidays with pay shall be given by the

expiration of three months alter the date upon which tile right
to Such holiday accrues.

employee not less than seven days notice of such date.
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Holidays with with
Pay Pay (Watchmen)
(Laundry Order Order
Employees)

with pay.
employer whichever is the lesser period

pay upon
termination of
in respect of which no payment has been made a sum equal to
the remuneration which would have been paid for a like
period of holidays with pay if taken at that date

continuous
employment
for holidays been interrupted by absence from work without the
with pay. permission of the employer for a period not holidays
exceeding two consecutive days:

to be a break in employment for the purposes of this order.
----------------
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[Subsidiary] Holidays with Pay ( Restaurant, Cookshop and Parlour Employees) Order
O. in C. 32/1953
HOLIDAYS WITH PAY (HOTEL,
RESTAURANT, COOKSHOP AND PARLOUR
EMPLOYEES) ORDER
commence-
(Hotel, Restaurant, Cook-shop and Parlour Employees) Order
ment.
and shall be deemed to have come into operation on 1st May,
1953.
“earnings” means the regular amounts paid by an employer

to an employee in respect of the employee's services, and
respect of overtime or by way of bonus, unless such
amounts.
For the purposes of this definition, the cash value

of any meals shall be deemed to be the amount fixed as
such by or under the terms of the employee's
employment, or if it is not so fixed, shall be as
determined by the Chief Labour Officer;
“employee” means any of the persons specified in the

Schedule and employed in any hotel, restaurant,
cookshop or parlour, but does not include any member of
the family of the occupier of such premises;
“medical practitioner” means a person registered as a

c. 32:02 medical practitioner under the Medical Practitioners Act.
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[Subsidiary] Holidays with Pay (Hotel, Restaurant, Cookshop and Parlour Employees) Order

computing
date of the commencement of this Order shall be allowed a
holidays with
pay. period of holidays with pay of not less than one day for each
of this Order.

of employment, computed from the date of engagement.

pay.
consecutive months’ service:
Provided that any of the days which are public

holidays may, by agreement between the employer and the



with pay.
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[Subsidiary] Holidays with Pay ( Restaurant, Cookshop and Parlour Employees) Order

holidays with terminated, either by employee or by the employer, the
pay upon
termination of
employer shall pay to the termination of employee in lieu of
employment. such period of holidays with pay as shall have employment,
accrued under the provision of this Order and in respect of
which no payment has been made, a sum equal to the
remuneration which would have been paid for a like period
of holidays with pay if taken at that date.

employment
for holidays
consecutive days:

Application of 8. This Order shall apply—

order.
(a) to the City of Georgetown and within three

miles of the boundaries thereof;
(b) to the town of New Amsterdam; and
(c) to the village of Bartica.
SCHEDULE
Hotels Restaurants and Parlours

Cookshops
Head Cook Cook Assistant

Assistant Cook Head Waitress Waitress
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Holidays with Pay (Hotel, with
Holidays Restaurant, Cookshop
Pay (Saw Mill and ParlourOrder
Workers) Employees) Order
Kitchen Maid Waitress Boy

Pantry Maid Order Girl
Head Waiter Boy
Waiter Dish Washer
Dish Washer
Maid
Maid-Waitress
Bellboy
_____________
O.61/1953 HOLIDAYS WITH PAY

19/1966B
(SAW MILL WORKERS) ORDER
Citation. 1. This Order may be cited as the Holidays with Pay

(Saw Mill Workers) Order and shall come into operation on
26th September, 1953.

[O. 19/1966B]

a worker in respect of the worker's services, but does not

c. 32:02 practitioner under the Medical Practitioners Act.
"sawmill" means any place where wood is prepared by

mechanical process for building purposes, but does not
include a place where the work carried on there consists
essentially of cabinet-making or the manufacture of sash
L.R.O. 1/2012
LAWS OF GUYANA
Holidays with
with Pay
Pay (Quarry Workers)
(Saw Mill Order
Workers) Order
windows or ornamental work in wood.
"saw mill worker" means a person employed to perform

manual labour in connection with the operation of a saw
mill

essentially of cabinet-making or the manufacture of sash
windows or ornamental work in wood.
"saw mill worker" means a person employed to perform

manual labour in connection with the operation of a saw
mill;
"worker" means a saw mill worker.
Method of 3. (1) Every worker being in employment at the date

computing
of the commencement of this Order shall be allowed a period
holidays with
pay. of holidays with pay of not less than one day for each
of this Order.
(2) Every worker not being in employment at the

date of the commencement of this Order, but thereafter being
Periods of 4. (1) No employer shall require a worker to take his

holidays with holidays with pay in periods of less than six consecutive days,
pay.
and no worker shall require his employer to allow him
holidays with pay prior to the completion of six consecutive
months' service:
L.R.O. 1/2012
LAWS OF GUYANA
Holidays withPay
Pay(Saw
(Quarry Workers) Order
Mill Workers) Order
holidays may, by agreement between the employer and the

worker, be allowed as a period of holidays with pay.

employer and shall be taken by the worker before the

worker not less than seven days' notice of such date.

for holiday employer shall pay to the worker for each day of such period
with pay.
remuneration at the rate of one-sixth of the average weekly
earnings of the worker during the previous six months or
during the period of his employment with the employer
Payment for 6. When the employment of a worker is terminated,

holidays with either by the worker or by the employer, the employer shall
pay upon pay to the worker in lieu of such period of holidays with pay
termination of
employment.
as shall have accrued under the provisions of this Order and
Computing 7. For the purpose of this Order a period of

employment for
holidays with
consecutive days:

to be a break in employment for the purpose of this Order.
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Holidays with Pay (Quarry Workers) Order
O.45/1957
HOLIDAYS WITH PAY
(QUARRY WORKERS) ORDER
commencement
(Quarry Workers) Order and shall come into operation on
.
1st November, 1957.
"earnings" means the regular amounts paid by an employer

to an employee in respect of the employee's services,
and includes the value of any meals supplied to such
employment, but does not include any amount paid
in respect of overtime or by way of bonus, unless such
amounts;
"employee" means any person employed to perform manual

labour in connection with the operation of a quarry;
"medical practitioner" means a person registered as a

medical practitioner under the Medical Practitioners
c. 32:02 Act;
"quarry" means any open work, pit or excavation from

which stone or rock is obtained by means of cutting,
blasting or other methods, but shall not include any
place where any manufacturing process, other than a
process ancillary to the getting, dressing or
preparation for sale of stone or rock is carried on.

computing
holidays with
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Holidays with Pay (Quarry Workers) Order

of this Order.

the of the commencement of this Order but thereafter 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 as though his employment
commenced on the date of the commenced of this Order.
Periods of 4. Any day which is a public holiday may, by

holidays with agreement between the employer and an employee, be
pay.
allowed as a period of holidays with pay.

with pay.
period remuneration at the rate of one-thirtieth of the
average monthly earnings of such employee during the
previous six months or during the period of his employment
with the employer whichever is the lesser period.

holidays with terminated, either by such employee or by the employer, the
pay upon
employer shall pay to such employee in lieu of such period
termination of
employment. of holidays with pay as shall have accrued under this Order
and in respect of which no payment has been made, a sum
equal to the remuneration which would have been paid for a
like period of holidays with pay if taken at that date.

employment for been interrupted by absence from work without the
holidays with
permission of the employer for a period not exceeding two
pay.
consecutive days:
Provided that periods of illness certified by a
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Holidays with Pay (Timber Grant Employees) Order
medical practitioner not exceeding fourteen days shall not be

Order.
O. 50/1957
HOLIDAYS WITH PAY (TIMBER GRANT
EMPLOYEES) ORDER
commencement
(Timber - Grant Employees) Order and shall come into
.
operation on 1st November, 1957.

respect of overtime, or by way of bonus, unless such
amounts;
"employee" means any person employed on a timber grant;

c.32:02 practitioner under the Medical Practitioners Act
"timber" includes any tree or any ligneous part of a tree

whether standing, fallen or felled, and all wood, whether
or not sawn, split, hewn or otherwise cut up or
fashioned;
L.R.O. 1/2012
LAWS OF GUYANA
"timber grant" means any portion of land which is the subject

of a lease under the provisions of the Forests Act or any
c.67:01
other Act for the purpose of obtaining timber therefrom.

holidays with
pay.
completed month of with pay employment computed as
though his employment commenced on the date of the
commencement of this Order.

the date of the commencement of this Order, but thereafter

holidays with
pay.
days, and no such employee shall require his employer to
allow him holidays with pay prior to the completion of six
consecutive months' service:

holidays may, by agreement between the employer and such

employer and shall be taken by such employee before the
expiration of six months after the date upon which the right
to such holidays accrues.

which the holiday shall commence and shall give such

for holiday
L.R.O. 1/2012
LAWS OF GUYANA
with pay. employer shall pay to the employee for each day of such
weekly earnings of such employee during the previous six

pay upon
employer shall pay to such employee in lieu of such period of
termination of

employment
for holidays
consecutive days:

____________
O.51/1958 HOLIDAYS WITH PAY

4 of 1972
(BAKERY EMPLOYEES) ORDER
commencement (Bakery Employees) Order and shall come into operation on
1st September 1958.
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Holidays with Pay (Bakery Employees) Order

[4 of 1972]
“bakery" means any premises in which a person otherwise

than in pursuance of a contract of service, engages by
way of trade or for purposes of gain in the manufacture
of bread or flour confectionery or in any other work
incidental thereto;

“earnings” means the regular amount paid by an employer to

an employee in respect of the employees services and
amounts;
“employee” means any person employed in a bakery;

c.32:02. practitioner under the Medical Practitioners Act.

holidays with
pay.
of this Order.

employment computed from the date of his engagement.
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Holidays with Pay (Bakery Employees) Order

holidays with
pay.
days, and no such employee shall require his employer to
allow him holidays with pay prior to the completion of six

holidays may, by agreement between the employer and such

expiration of six months after the date upon which the right


with pay.
weekly earnings of such employee during the previous six

pay upon
termination of
employer shall pay to such employee in lieu of such period of

employment
for holidays
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Holidays with Pay (Shirt and Garment Factory Workers) Order
Holidays with Pay (Shirt and Garment Factory Workers) Order
consecutive days:

8. This Order shall be the subject to the provisions of

c.99:07 section 11 of the Bakeries (Hours of Work) Act.
__________________
HOLIDAYS WITH PAY (SHIRT AND

GARMENT FACTORY WORKERS) ORDER

(Shirt and Garment Factory Workers) Order and shall come
into operation on 3rd April, 1959.


a worker in respect of the worker's services, including the
value of any meals supplied to such worker under and
by virtue of his contract of employment but does not
L.R.O. 1/2012
LAWS OF GUYANA

"worker" means a person employed in a shirt or garment

factory.
Period of 3. (1) Every worker being in employment at the date

computing
of the commencement of this Order shall be allowed a period
holidays with
pay. of holidays with pay of not less than one day for each
employment commenced at the date of the commencement of
this Order.
(2) Every worker not being in employment at the

date of commencement of this Order and thereafter 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 day of his engagement.
Periods of 4. (1) No employer shall require a worker to take his

holidays with holidays with pay in periods of less than twelve consecutive
pay.
days, and no such worker shall require his employer to allow
him holidays with pay prior to the completion of twelve

holidays shall not be computed as holidays with pay under
this Order.

employer and shall be taken by such worker before the
expiration of ten months after the date upon which the right

which the holiday shall commence and shall give to such
L.R.O. 1/2012
LAWS OF GUYANA
Remuneration 5. In respect of a period of holidays with pay, the

for holiday
employer shall pay to the worker for each day of such period
with pay.
remuneration at the rate of one-sixth of the average weekly
earnings of such worker during the previous twelve months
or during the period of his employment with the employer
Payment for 6. When the employment of a worker is terminated

holidays with either by such worker or by the employer, the employer shall
pay upon
termination of
pay to such worker in lieu of such period of holidays with
employment. pay as shall have accrued under this Order and in respect of
which no payment has been made, a sum equal to the
remuneration which would have been paid for a like period
of holidays with pay if taken at that date.

employment
for holidays
been interrupted by absence enjoyment from work without
with pay. the permission of the employer for a period not exceeding
two consecutive days:
Provided that absence from work due to the non-

operation of the shirt or garment factory, or periods of illness,
certified by a medical practitioner not exceeding 14 days shall
not be deemed to be a break in employment for the purpose
of this Order.
Varying of 8. Notwithstanding clause 4(1), an employer and

periods of worker may agree that such worker shall take his holidays
holidays with
pay.
with pay in periods of not less than six consecutive months'
service in which case such holidays shall be given by the
employer and taken by the worker before the expiration of
three months after each period of such completed service:
Provided that such holidays may not be taken during

the Christmas period.
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Holidays with Pay (Clerical Employees) Order
O.15/1959
HOLIDAYS WITH PAY
(CLERICAL EMPLOYEES) ORDER
commence-
(Clerical Citation and Employees) Order and shall come into
ment.
operation on 9th May, 1959.

“clerical employee” means an employee engaged wholly or

mainly on clerical work which includes the responsibility
for maintaining ledgers or wages books or for preparing
financial accounts relating to the business of the
employer, and shall include a messenger employed in an
office;

to a clerical employee in respect of the employee's
services, and includes the value of any meals supplied to
such employee under or by virtue of his contract of
respect of overtime work or by way of bonus; unless such
amounts;

c. 32:02 practitioner under the Medical Practitioners Act;
“messenger” means a person employed to receive and deliver

messages and undertake portering duties, and shall
include a delivery.
L.R.O. 1/2012
LAWS OF GUYANA
Period of 3. (1) Every clerical employee being in employment at

computing
the date of the commencement of this Order shall be allowed
holidays with
pay. a period of holidays with pay of not less than one day for
each completed month of employment computed as though
his employment commenced on the date of the
(2) Every clerical employee not being in

employment at the date of the commencement of this Order,
but thereafter being in employment shall be allowed a period
of holidays with pay of not less than one day for each
completed month of employment from the date of his
engagement
Periods of 4. (1) No employer shall require a clerical employee

holidays with to take his holidays with pay in periods of less than twelve
pay.
consecutive days, and no such employee shall require his
employer to allow him holidays with pay prior to the
completion of twelve consecutive months' service or during
the Christmas period:

this Order.



for holiday
employer shall Remuneration pay to the clerical employee for

9th May, 1959
L.R.O. 1/2012
LAWS OF GUYANA
with pay. each day of such period remuneration at the rate of one-sixth
of the average weekly earnings of such employee during the
previous twelve months or during the period of his
employment with the employer whichever is the lesser
period.
Payment for 6. When the employment of a clerical employee is

pay upon
termination of
employer shall pay to such employee, in lieu of such period of

employment
for holidays
consecutive days:

Varying of 8. Notwithstanding clause 4 (1), an employer and

periods of employee may agree that such employee shall take his
holidays with
holidays with pay in periods of not less than six consecutive
pay.
days upon the completion of six consecutive months' service
in which case such holidays shall be given by the employer
and taken by the employee before the expiration of three
months after each period of such completed service:

_______________
L.R.O. 1/2012
LAWS OF GUYANA
Holidays withPay
Pay(Printery
(Clerical Employees) Order
HOLIDAYS WITH PAY

(PRINTERY EMPLOYEES) ORDER

(Printery Employees) Order and shall come into operation on
1st November, 1959,
Interpretation. 2. In this Order-


include the value of any meals supplied to such
respect of overtime work or by way of bonus unless such
amounts;
“employee” means any person employed in a printery;

c. 32:02 practitioner under the Medical Practitioners Act;
“printer” means any place or premises in which printing by

letter-press, lithography, photogravure, or other similar
process, or bookbinding is carried on by way of trade or
for purposes of gain or incidental to another business so
carried on but shall not include copying by office
typewriter or office duplicating machine.
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Holidays with Pay (Printery Employees) Order
Period of 3. (1) Every employee being in employment at the

computing
holidays with
of this Order.

of employment from the date of his engagement.

holidays with
pay.
his holidays with pay in periods of less than twelve
consecutive days, and no employee shall require his employer
to allow him holidays with pay prior to the completion of
twelve consecutive months' service or during the Christmas
period:

this Order.



for holiday
with pay.
weekly earnings of the employee during the previous twelve
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Holidays with Pay (Printery Employees) Order


holidays with terminated either by the employee or by the employer, the
pay upon
termination of

continuous
employment
consecutive days:

Varying of 8. Notwithstanding clause 4 (1) an employer and

periods of employee may agree that the employee shall take his holidays
holidays with
with pay in periods of not less than six consecutive days upon
pay.
the completion of six with pay. consecutive months' service in
which case such holidays shall be given by the employer and
taken by the employee before the expiration of three months
after each period of such completed service:

_________________
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Holidays with Pay (Domestic Servants) Order
O.72/1959
HOLIDAYS WITH PAY
(DOMESTIC SERVANTS) ORDER
commencement
(Domestic Servants) Order and shall come into operation on
.
1st November, 1959.

“domestic servant” means any person employed as a

domestic servant in any private residence, and includes
children's nurses;

to a domestic servant in respect of the domestic servant's
services, and includes the value of any meals supplied to
such domestic servant under or by virtue of his contract
of employment, but does not include any amount paid in
amounts. For the purposes of this definition, the cash
value of any meals shall be deemed to be the amount
fixed as such by or under the terms of the domestic
servant’s employment, or if it is not so fixed, shall be
determined by the Chief Labour Officer;

Method of 3. (1) Every domestic servant being in employment at

computing the date of the commencement of this Order shall be allowed
holidays with
pay.
a period of holidays with pay of not less than one day for
L.R.O. 1/2012
LAWS OF GUYANA
each completed month of employment computed as though

his employment commenced on the date of the
(2) Every domestic servant not being in

employment at the date of the commencement of this Order,
completed month of employment from the date of his
engagement.
Periods of 4. (1) No employer shall require a domestic servant to

holidays with take his holidays with pay in periods of less than twelve
pay.
consecutive days, and no domestic servant shall require his
employer to allow him holidays with pay prior to the
completion of twelve consecutive months' service or during
the Christmas period:

this Order.

employer and shall be taken by the domestic servant before
the expiration of ten months after the date upon which the
right to such holiday accrues.

domestic servant not less than seven days’ notice of such date.

for holiday
employer shall pay to the domestic servant for each day of
with pay.
such period remuneration at the rate of one-sixth of the
average weekly earnings of the domestic servant during the
period.
L.R.O. 1/2012
LAWS OF GUYANA
Payment for 6. When the employment of a domestic servant is

holidays with
terminated, either by the domestic servant or by the
pay upon
termination of employer, the employer shall pay to the domestic servant in
employment. lieu of such period of holidays with pay as shall have accrued
under this Order and in respect of which no payment has
been made, a sum equal to the remuneration which would
have been paid for a like period of holidays with pay if taken
at that date.

continuous
employment
consecutive days:


periods of
domestic servant may agree that the domestic servant shall
holidays with
pay. take his holidays with pay in periods of not less than six
consecutive days upon the completion of six consecutive
months’ service in which case such holidays shall be given by
the employer and taken by the domestic servant before the
expiration of three months after each period of such
completed service:

Computation 9. In the case of a domestic servant employed on a

of holiday with half-day basis, a half-day shall be counted as a day in the
pay for
employment on
computation of periods of employment and holidays with
half-day basis pay.
_________________
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Holidays with Pay
Holidays with(Domestic Servants)
Pay (Chauffeurs) OrderOrder
O.96/1959
HOLIDAYS WITH PAY
(CHAUFFEURS) ORDER
commencement.
(Chauffeurs) Order and shall come into operation on 21st
November, 1959.
“chauffeur” means a person employed to drive a hire car;
“Christmas period" means the eight working days


to a chauffeur in respect of the chauffeur's services and
chauffeur under or by virtue of his contract of
amounts;

c.32:02 practitioner under the Medical Practitioners Act.
Period of 3. (1) Every chauffeur being in employment at the

holidays with
pay.
of this Order
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Holidays with Pay (Chauffeurs) Order
(2) Every chauffeur not being in employment at

Periods of 4. (1) No employer shall require a chauffeur to take

holidays with his holidays with pay in periods of less than twelve
pay.
consecutive days, and no chauffeur shall require his employer
to allow his holidays with pay prior to the completion of
twelve consecutive months' service or during the Christmas
period:

c.19:07 holidays under the provisions of the Public Holidays Act for
the time being in force shall not be computed as holidays with
pay under this Order.

employer and shall be taken by the chauffeur before the

which the holiday shall commence and shall give the
chauffeur not less than seven days’ notice of such date.

for holiday employer shall pay to the chauffeur for each day of such
with pay.
weekly earnings of the chauffeur during the previous twelve
Payment for 6. When the employment of a chauffeur is terminated,

holidays with either by the chauffeur or by the employer, the employer shall
pay upon
termination of
pay to chauffeur in lieu of such period of holidays with pay as
employment. shall have accrued under this Order and in respect of which
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Holidays with Pay (Chauffeurs)Order
Holidays with Pay (Stone Crushing Plant Employees) Order
no payment has, been made, a sum equal to the remuneration

which would have been paid for a like period of holidays
with pay if taken at that date.

continuous
employment
consecutive days:

practitioner not exceeded fourteen days shall not be deemed

periods of
chauffeur may agree that such chauffeur shall take his
holidays with
pay. holidays with pay in periods of not less than six consecutive
days upon the completion of six consecutive months' service
in which case such holidays shall be given by the employer
and taken by the chauffeur before the expiration of three
months after each period of such completed service:

_____________
O.96/1960
HOLIDAYS WITH PAY (STONE CRUSHING
PLANT EMPLOYEES) ORDER
commence-
(Stone Crushing Plant Employees) Order.
ment.
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Holidays with Pay (Advisory Committees and Enquiry) (Procedure) Regulations

amounts;
“employee” means a person employed in a stone crushing

plant;

c. 32:02 practitioner under the Medical Practitioner’s Act;
“stone crushing plant” means any place where any process is

carried on in connection with the dressing and
preparation of stone or rock.
Period of 3. (1) Every employee being in employment at the

holidays with
pay.
of this Order.

the date of the commencement of this Order, but thereafter
being in employment, shall be allowed a period of holidays
4. No day that is a public holiday shall be computed

as holidays with pay under this Order.

10th December 1960
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Holidays with Pay (Chauffeurs)Order

holidays with
his holidays with pay in periods of less than twelve
pay.
consecutive days and no employee shall require his employer
to allow his holidays with pay prior to the completion of
twelve consecutive months' service:
Provided that an employer and employee may

agree that such employee shall take his holidays with pay in
periods of not less than six consecutive days upon the
completion of six consecutive months' service in which case
such holidays shall be given by the employer and taken by
the employee before the expiration of three months after each
period of such completed service.


which the holiday shall commence and shall give the
Remuneration 6. In respect of a period of holidays with pay, the

for holiday
with pay.
weekly earnings of the employee during the previous twelve

holidays with terminated, either by the employer or the employee, the
pay upon
termination of
L.R.O. 1/2012
LAWS OF GUYANA
Holidays with Pay (Employees at Petrol Filling Station) Order

continuous
employment
consecutive days:
Provided that absence from work due to the non-

operation of the stone crushing plant or periods of illness,
certified by a medical practitioner, not exceeding fourteen
days shall not be deemed to be a break in employment for the
purpose of this Order.
____________________
O. 96/1977 HOLIDAY WITH PAY (EMPLOYEES

AT PETROL FILLING STATION ORDER
commence- (Employees at Petrol Filling Station) Order and shall come
ment. into operation on 25th November, 1959,
Interpretation. 2. In this Order –


include the value of any meals supplied to such
respect of overtime work or by way of bonus unless such
amounts;
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] HolidaysHolidays
with Pay with Pay (Chauffeurs)Order
(Employees at Petrol Filling Station) Order
“employee” means any person employed in a petrol filling

station;
“medical practitioner” means a person duly registered as a

medical practitioner in Guyana;
“petrol filling station” means any place or premises in respect

of which a licence is required to be taken out under
section 61 of the Tax Act and includes any such place or
premises where petroleum and lubricants and accessories
required for the repaired for the repair of, or use in,
motor vehicles, are sold, or any such place or for the
purpose of being cleaned or washed or for the purpose of
carrying out running repairs or making minor
adjustments to them.

computing
holidays with
of this Order.


pay.

L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Holidays with Pay (Advisory
Holidays Committeesatand
with Pay (Employees Enquiry)
Petrol Filling(Procedure) Regulations
Station) Order
this Order.



with pay.

holidays with terminated either by the employee or by the employer, the
pay upon
termination of

employment
for holidays
consecutive days:

L.R.O. 1/2012
LAWS OF GUYANA
Holidays with(Register
with Pay Pay (Chauffeurs)Order
of Holidays) Regulations
Reg.10/1953
HOLIDAYS WITH PAY
(REGISTER OF HOLIDAYS) REGULATIONS
Citation. 1. These Regulations may be cited as the Holidays

with Pay (Register of Holidays) Regulations.
Interpretation. 2. In these Regulations—
“Labour Officer” means the Chief Labour Officer, and

includes the Deputy Chief Labour Officer, any inspector
of labour, and any assistant inspector of labour.
Record of 3. (1) Each employer to whom an order made under

holidays with
section 3 of the Act applies shall keep a record (hereinafter
pay.
referred to as the Register of Holidays) in the form set out in
the Schedule.
(2) The Register of Holidays shall be kept on the

premises and shall be produced on request for inspection by
the Labour Officer.
(3) The Register of Holidays shall be kept up-to-

date.
(4) The Labour Officer may make copies of any

entries in the Register of Holidays and if he so thinks fit may
remove the Register of Holidays to the Labour Department.
SCHEDULE
REGISTER OF HOLIDAYS
Record of Holidays with Pay, 20......
L.R.O. 1/2012
LAWS OF GUYANA
Holidays with Pay (Register of Holidays) Regulations
Holidays with Pay (Advisory Committees and Enquiry) (Procedure) Regulations
(1) (2) (3) (4) (5) (6) (7) (8)

Date of Remuner No. of
Amount
periods of -ation paid holidays
Date of paid in
holidays with in with pay
Name Address Date termina- lieu of
pay respect accrued but
of of of engage- tion of accrued
Dates No. of not taken at
employee. employee. ment engage- holidays
of holidays date of
ment as per
days under col. termin-
col. (7)
(4) ation.
_______________
Reg. 9/1954
HOLIDAYS WITH PAY (ADVISORY
COMMITTEES AND ENQUIRY)
(PROCEDURE) REGULATIONS
Citation. 1. These Regulations may be cited as the Holidays

with Pay (Advisory Committees and Enquiry) (Procedure)
Regulations and shall be applicable to any enquiry held under
section 4 or any Advisory Committee appointed under
section 5 of the Act.
“chairman” means the person appointed as chairman of any
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[Subsidiary] Holidays withCommittees
Pay (Chauffeurs)Order
Holidays with Pay (Advisory and Enquiry) (Procedure) Regulations
committee appointed under section 5 of the Act;
“Committee” means an Advisory Committee appointed

under section 5 of the Act;
“competent person” means a person appointed by the

Minister to hold any enquiry under section 4 of the Act.
Attendance of 3. (1) Any person may, by notice in writing signed by

meeting of
the Chairman or a competent person, as the case may be, be
Advisory
Committee. required—
(a) to attend any meeting of the

Committee or of the competent
person and give evidence before the
said Committee or the said competent
person; or
(b) to attend any meeting of the

person and produce any document
which, in the opinion of the
person is relevant to the subject-
matter of the enquiry; or
(c) to furnish in such manner as may be

specified such particulars as may be
required by the Committee or by the
competent person.
(2) Any person who wilfully fails to comply with

any notice in writing addressed to him under this regulation
shall be liable on summary conviction to a fine of forty
dollars.
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Assessors to 4. A Committee or a competent person, as the case

assist
may be, may call in the aid of one or more assessors, specially
Committee.
qualified in the opinion of the Committee or of the competent
person to give assistance to the Committee or to the
competent person in the matter under enquiry or in any
matter relevant to such enquiry.
5. (1) Each report by a Committee or by a competent

person shall be in writing and shall be addressed to the
Minister.
(2) Such reports shall be signed by the members

of the Committee who concur therein or by the competent
person, as the case may be, and shall in the former case be
accompanied by any report signed by any dissenting member
thereof.
(3) Such report shall be forwarded to the Minister

as soon as conveniently possible after the conclusion of the
enquiry or, if the Minister has requested an interim report, as
soon as conveniently possible after the receipt of such request.
6. Subject to these Regulations, any Committee or

competent person, as the case may be, may regulate the
procedure to be followed at any enquiry in order that a report
of such enquiry may be submitted to the Minister
expeditiously.
_______________
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LABOUR (CONDITIONS OF EMPLOYMENT OF CERTAIN

WORKERS) ACT
CHAPTER 99:03
Act
18 of 1978
Amended by
18 of 1994 O.32/2002
O.41/2005

Pages Authorised
1 – 11 ... 1/2012
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2 Cap. 99:03 Labour (Conditions of Employment of Certain Workers)
Note
on
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Labour (Conditions of Employment of Certain Workers) Cap. 99:03 3
CHAPTER 99:03
LABOUR (CONDITIONS OF EMPLOYMENT OF CERTAIN WORKERS)
ACT
SECTION
1. Short title.
2. Interpretation.
3. Minimum wages to be paid to certain workers.
4. Overtime rates.
5. Luncheon interval.
6. Accommodation.
7. Weekly holiday.
8. Register.
9. Trainee waiter.
10. Meals and uniforms.
11. First-Aid Box.
12. Offences.
FIRST SCHEDULE
SECOND SCHEDULE
__________________________
18 of 1978 An Act to repeal and, with certain amendments, re-enact the
Labour (Conditions of Employment of Certain
Workers) Act, Chapter 99:03 regulating the conditions
of employment of certain workers.
[18TH OCTOBER, 1978]
Short title. 1. This Act may be cited as the Labour (Conditions of

Employment of Certain Workers) Act.
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Interpretation. 2. In this Act—

[18 of 1994]
“parlour” has the meaning assigned to that expression by

c. 91:04 section 2 of the Shops (Consolidation) Act;
“wages” includes anything received by a worker under this

Act as part of his remuneration or by virtue of his
employment; and
“worker” means any of the persons specified in the first

First Schedule. column of the First Schedule and wholly or mainly
employed in any cookshop, discotheque, guest house,
hotel, liquor restaurant, liquor store, night club, parlour,
restaurant, retail spirit shop or tavern.
Minimum 3. (1) Every worker shall be paid the appropriate rate

wages to be
of wages set out in the First Schedule:
paid to certain
workers.
Provided that the Minister may, from time to time, by
order which shall be subject to negative resolution of the
National Assembly vary, alter or amend any of the particulars
First Schedule contained in the First Schedule as he thinks fit.
(2) Where a worker is in receipt of a wage higher

than that set out in the first schedule, the employer shall
nevertheless continue to pay such worker wages at the higher
rate.
(3) The minimum rate of wages payable to a

worker employed during any period of time mentioned in the
first schedule in more than one category of work mentioned
in the said Schedule, in respect of which different rates of
wages are set out, shall be the higher or the highest of such
rates, as the case may be.

worker employed in any of the categories of work mentioned
in the first schedule for any shorter period of time than the
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appropriate period mentioned therein shall be the

appropriate minimum rate of wages set out therein in respect
of the last-mentioned period:
Provided that an employer may pay to a person

employed in any of the categories of work mentioned in the
first schedule less than the appropriate minimum rate of
wages per week prescribed aforesaid in respect of any period
of time less than the appropriate period mentioned in the said
schedule so that, however, such lesser rate per day payable to
a person so employed shall not be less than the appropriate
minimum rate divided by six, together with twenty-five per
cent of such lesser rate:
And provided further that the lesser rate per hour shall
be the lesser rate per day divided by the normal hours for the
category.
(5) Where in any establishment mentioned in Parts

1 and 5 of the First Schedule, there is employed only one cook
or waiter, or in any establishment mentioned in Parts 1, 2 and
4 there is employed only one barman, such cook, waiter or
barman shall be paid by his employer, the wages of the Head
Cook, Head Waiter or Head Barman, as the case may be set
out in the appropriate Part of the First Schedule.
Overtime 4. (1) Notwithstanding section 11(d) and subject to

rates. sections 6 and 7 of the Shops (Consolidation) Act and
[18 of 1994]
notwithstanding section 5 of the Licensed Premises Act and
c. 91:04
c. 82:22 subject to section 7 and 8 of the said Act and subsection (2)
hereof, every worker who, at the request of his employer,
works for any period exceeding seven and one-quarter hours
in any one day, shall be paid in respect of every hour or part
of an hour so worked in excess thereof at one and one-half
times the rate at which he would, but for this section, be paid.
(2) Except as otherwise provided under any law,

every worker who is employed on a Sunday or a public
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holiday shall be paid a minimum of one and one-half times

his hourly rate of pay for all hours worked on such days.
Luncheon 5. Without prejudice to the provisions of sections 9

interval.
and 11 of the Shops (Consolidation) Act, the employer of any
[18 of 1994]
c. 91:04 worker shall, on each working day, allow to such worker an
interval from work of not less than one hour for luncheon or
dinner, as the case may be, and when his duties require him
to work overtime hours the employer shall allow to such
worker an interval of not less than one-quarter of an hour for
the taking of a meal for every four hours or part thereof
worked as overtime.
Acommoda- 6. Without prejudice to the provisions of section 13 of

tion.
[18 of 1994]
the Shops (Consolidation) Act, the employer of workers shall
c. 91:04 provide a suitable room for the accommodation of workers
during any intervals from work provided for by this Act.
Weekly 7. Every employer shall grant to every worker a

holiday. holiday on one week-day in every week and, in addition,
shall grant to such worker a half-holiday on every alternate
Sunday.
Register. 8. (1) Every employer of workers shall keep a register

in such form as the Minister may approve in which shall be
entered—
(a) particulars of wages paid to workers

employed by him;
(b) the date on which each worker

entered his employment.
(2) Every such employer shall produce the register

for the inspection of any officer of the Labour Department
designated for the purposes of section 30 (1) of the Labour
c. 98:01 Act, when requested to do so.
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Trainee waiter. 9. For every three waiters employed in any hotel by

an employer a trainee-waiter shall be employed by him.
Meals and 10. (1) Every worker shall be supplied by his

uniforms. employer with at least one hot meal on every working day in
addition to the appropriate wage payable to him under this
Act.
Provided that if a worker is employed in any

establishment which does not serve meals his employer shall
pay to him in lieu thereof, the cash value of any meal not
supplied.
(2) The cash value of any meal not supplied shall

be deemed to be the amount fixed as such by or under the
terms of the worker’s employment, or if it is not so fixed, shall
be as determined by the Chief Labour Officer.
(3) Where any worker is required to wear a

uniform, such uniform shall be supplied and kept laundered,
free of charge by his employer.
First Aid Box. 11. Every employer of workers shall provide and
Second
maintain so as to be readily accessible a first-aid box or
Schedule.
cupboard containing the appliances and requisites as
specified in the Second Schedule:
Provided that the Minister may, from time to time, by

order which shall be subject to negative resolution of the
National Assembly vary, alter or amend any of the particulars
contained in the Second Schedule as he thinks fit.
Offences. 12. (1) Any employer who contravenes or fails to

[18 of 1994 comply with the provisions of sections 3, 4, 5, 6, 7, 9, 10 or 11
6 of 1997]
shall be liable on summary conviction to a fine of eighteen
thousand, seven hundred and fifty dollars.
(2) Any employer who contravenes or fails to
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comply with the provisions of section 8(1) or section 8(2),

shall be liable on summary conviction to a fine of thirty-seven
thousand, five hundred dollars.
______________
[O. 32/2002 FIRST SCHEDULE

O. 41/ 2005]
PART 1
HOTELS, GUESTS HOUSES, DISCOTHEQUES, NIGHT

CLUBS AND LIQUOR RESTAURANTS
Category of Worker Minimum Rate of wages
Head Cook $6,685.00 per week

Cook $5,527.00 per week
Kitchen Maid . $4,687.00 per week
Head Waiter/ Waitress $6,250.00 per week
Waiter/Waitress $4,935.00 per week
Maid $4,687.00 per week
Bell Boy/Girl $3,412.00 per week
Trainee Waiter $3,903.00 per week
Head Barman $6,166.00 per week
Barman $5,132.00 per week
General Worker $4,607.00 per week
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PART 2
RETAIL SPIRIT SHOP
Category of Workers Minimum Rate of Wages
Blender $18,584.00 per month

PART 3
LIQUOR STORES
Category of Worker Minimum Rate of Wages
First Class:
Blender $20,231.00 per month
Assistant Blender $3,300.00 per week
Counter Clerk $3,300.00 per week
Second Class:
Counter Clerk $3,300.00 per week

Cashiers $3,300.00 per week
PART 4
TAVERNS
Minimum Rate of
Category of Worker Wages
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PART 5
RESTAURANT, COOKSHOPS AND PARLOURS
Category of Worker Minimum Rate of Wages
Head Cook $4,047.00 per week

Cook $3,300.00 per week
Order Boy/Girl $3,300.00 per week
Head Waiter/Waitress $3,742.00 per week
Waiter/Waitress $3,300.00 per week
Maid $3,300.00 per week
Cashier $3,550.00 per week
Dishwasher $3,300.00 per week
Cleaner $3,300.00 per week
General Worker $3,300.00 per week
SECOND SCHEDULE
1. Each first aid box or cupboard shall contain at least—
(a) A leaflet of first-aid instructions issued by the

Ministry of Health, Housing and Labour.
(b) A sufficient number of bandages and sterilised

dressings or adhesive wound dressings
approved by the Chief Labour Officer.
(c) A sufficient number of sterilised burn dressings
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(small and large).
(d) A sufficient quantity of powdered bicarbonate

of soda and a powdered boracic acid.
(e) A sufficient number of sterilised cotton wool, in

half-ounce packets.
(f) A two per cent alcoholic solution of iodine.
(g) A bottle of sat volatile having the doses and

mode of administration indicated on the label.
(h) Eye drops prepared and described in the first-

aid leaflet.
(i) A supply of adhesive plaster.
(j) A tourniquet
(k) Safety pins.
2. All materials for dressings contained in the first-aid

boxes or cupboards shall be of a grade or quality approved by
the Chief Labour Officer.
3. Each First-Aid Box or cupboard shall be

distinctively marked “First-Aid”.
______________
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OCCUPATIONAL SAFETY AND HEALTH ACT
CHAPTER 99:06
Act
32 of 1997
Amended by
22 of 2009

Pages Authorised
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2 Cap. 99:06 Occupational Safety and Health
Index
of
Page
Occupational Safety and Health (Fees and Prescribed Forms) 135
Regulations
(Reg. 2/2006)
Note
on
Repeal
This Act repealed:-
Sections 2(l) (except the definitions of “building operation”, “child”, “factory”, “the Labour
Authority”, “occupier”, owner”, “ship”, “vessel” and “harbours”, “week”, “woman”, “work of
engineering construction” and “young person”), 4, 5, 6, 7, 8, 10(1)(c), (g) and (i), 12, 13, 14, 15,
16, 18, 19, 20, 26(1)(a), (b), (c) and (d), (2)(a), (b), (c), (d), (e), (f), (h), (i), (m), (n), and (o), 29(1)(a),
(b), (c) and (d), (2), (a) and (b), (3)(a), (b), (c), (d), (e), (f), (g), (i) and (j), 37(1)(b) and (c) and 38 of
the Factories Act (Cap. 95:02);
The Accidents and Occupational Diseases (Notification) Act (46 of 1955); and Sections 13 and 14
of the Shops (Consolidation) Act (Cap. 91:04).
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Occupational Safety and Health Cap. 99:06 3
CHAPTER 99:06
OCCUPATIONAL HEALTH AND SAFETY ACT
SECTION
PART I
PRELIMINARY SECTION
1. Short title.
2. Interpretation.
3. Application of Act to industrial establishment, etc.
4. Work in private residence.
5. Self-employed person and person engaged in homework.
PART II
REGISTRATION OF INDUSTRIAL ESTABLISHMENTS
6. Register of industrial establishments and particulars thereof.

7. Application for registration of industrial establishment and
particulars thereof.
8. Application for registration of change in particulars registered.
9. Correction of register.
PART III
ADMINISTRATION
(a) Governmental
10. Establishment and functions of National Advisory Council on

Occupational Safety and Health.
11. Committees.
12. Establishment of Occupational Safety and Health Authority and
designation of inspectors.
13. Powers of the Occupational Safety and Health Authority and of an
inspector.
14. Certificate of appointment of inspector.
15. Appointment of medical inspectors.
16. Powers and duties of medical inspectors.
17. Power of inspector to require certificate of fitness for work.
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SECTION
18. Fees of medical inspectors.
19. Periodical report of medical inspector to Authority.
20. Appointment of technical examiners.
21. Appointment of Occupational Safety and Health Commissioner.
(b) Non-Governmental
22. Safety and health representatives.

23. Joint workplace safety and health committee.
24. Workers trades’ committee.
25. Consultation on industrial hygiene testing.
26. Summary to be furnished.
(c) Provisions Applicable To Inspection, etc.
27. Representation during inspections.

28. Request for inspections.
29. Seizure of documents or articles.
30. Orders by inspectors for non-compliance
31. Entry into barricaded area.
32. Notice of compliance.
33. Injunction proceedings.
34. Appeals from order of inspector.
35. Obstruction of inspector.
36. Information confidential.
37. Copies of reports.
38. Immunity.
(d) Expenses of Administration
39. Levy to defray expenses.
PART IV
SAFETY AND HEALTH
40. Safety of buildings, ways, machinery and plant.

41. Prohibition of employment of children in factories.
42. Construction and sale of new machinery.
43. Provisions as to sanitary and other arrangements.
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SECTION
44. Apportionment of expenses.
PART V
DUTIES OF EMPLOYERS, WORKERS AND OTHER PERSONS
45. Duties of employer at a construction site.

46. Duties of employer generally.
47. Additional duties of employers.
48. Duties of supervisors.
49. Duties of workers.
50. Duties of occupiers generally.
51. Duties of occupiers to protect safety and health of public.
52. Duties of owners.
53. Duties of owners of construction sites.
54. Duties of suppliers.
55. Duties of directors and officers of a body corporate.
56. Refusal to work.
57. Complaint regarding refusal to work.
58. No discipline, dismissal, etc., by employer.
PART VI
HAZARDOUS CHEMICALS, PHYSICAL AGENTS AND BIOLOGICAL
AGENTS
59. Orders of Authority.

60. New chemicals or biological agents.
61. Hazardous materials inventory.
62. Hazardous chemical identification and data sheets.
63. Inventory and chemical safety data sheets to be available.
64. Assessment for hazardous chemicals.
65. Hazardous physical agents.
66. Instructions and training.
67. Confidential business information.
PART VII
NOTIFICATION OF ACCIDENTS AND OCCUPATIONAL DISEASES
68. Interpretation.
69. Notification of accidents.
70. Notification of occupational diseases and other diseases.
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SECTION
71. Inquest in case of death by accident or occupational disease.

72. Powers of Minister to direct formal investigation of accidents and
cases of occupational disease.
73. Application to Government, etc.
74. Accidents, explosions, etc., at an industrial establishment.
PART VIII
REGULATIONS
75. Power of Minister to make regulations.

76. Penalty for breach of regulations.
PART IX
OFFENCES, PENALTIES AND PROCEDURE
77. Liability of employers, owners, directors and others.

78. Special provisions as to evidence.
79. Special rules for the determination of the occupier of an industrial
establishment in the case of a partnership or a company.
80. Special rules as to making of complaints for offences.
81. Powers of court to order cause of contravention to be remedied.
82. Proceedings against persons other than occupiers.
83. Power to make a complaint at any time for an offence under Part II.
PART X
MISCELLANEOUS
84. Display of industrial establishment notices.

85. Power of authority to require returns.
86. General register.
87. Enforcement by Local Sanitary Authority of certain provisions.
88. Savings.
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
__________________________
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CHAPTER 99:06
OCCUPATIONAL HEALTH AND SAFETY ACT
32 of 1997 An Act to provide for the registration and regulation of

industrial establishments, for occupational safety and
health of persons at work, and for purposes connected
therewith or material thereto.
[9TH DECEMBER, 1997]
PART I
PRELIMINARY
Short title. 1. This Act may be cited as the Occupational Safety

and Health Act.
“Advisory Council” means the National Advisory Council on

Occupational Safety and Health established under
section 10;
“agricultural undertaking” means an undertaking or part

thereof engaged in cultivation, animal husbandry
including livestock production and care, forestry,
horticulture, the primary processing of agricultural
products or any other form of agricultural activity;
“air-receiver” means—
(a) any vessel (other than a pipe or

coil, or an accessory, fitting or
part of a compressor) for
containing compressed air and
connected with an air
compressing plant;
(b) any fixed vessel for containing

compressed air or compressed
exhaust gases and used for the
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purpose of starting an internal

combustion engine;
(c) any fixed or portable vessel

(not being part of a spraying
pistol) used for the purpose of
spraying by means of
compressed air, any paint,
varnish, lacquer or similar
material; or
(d) any vessel in which liquid is

stored and from which it is
forced by compressed air;
“appointed day” means the date on which this Act comes into
operation;
“article” means an object which is formed to a specific shape

or design during its manufacture or which in its natural
shape, and whose use in that form is dependent in whole
or in part on its shape or design;
“Authority” means the Occupational Safety and Health

Authority established under section 12;
“biological agent means bacteria, viruses, fungi, rickettsiae,

chlamydia and parasites;
“bodily injury” includes injury to health;
“chemical” means a chemical element and compound, and a

mixture thereof whether natural or synthetic;
“child” means a person under the age of fifteen;
“Commissioner” means the occupational safety and health

commissioner appointed under section 21;
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“committee” means a joint workplace safety and health

committee established under section 23;
“competent person” means a person who—
(a) is qualified because of

knowledge, training and
experience to organize the
work and its performance;
(b) is familiar with this Act and the
regulations that apply to the
work; and
(c) has knowledge of any potential
or actual danger to safety or
health in the workplace;
“construction” includes —
(a) building, including excavation

and the construction, structural
alteration, renovation; repair
maintenance (including
cleaning and painting) and
demolition of all types of
buildings or structures;
(b) civil engineering, including

excavation and the
construction, structural
alteration, repair, maintenance
and demolition of, for example,
airports, docks, harbours,
inland waterways, dams, river
and avalanche and sea defence
works, roads and highways,
railways, bridges, tunnels,
viaducts and works related to
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the provision of services such

as communications, drainage,
sewerage, water and energy
supplies; and
(c) the erection and dismantling of

buildings and structures, as
well as the manufacturing of
prefabricated elements on the
construction site;
“construction site” means any, site at which any of the

processes or operations described in the definition of the
term “construction” are carried on;
“critical substance” means a chemical, physical agent or

biological agent, or combination thereof prescribed as a
critical substance to which the exposure of a worker is
prohibited, regulated, restricted, limited or controlled;
“domestic worker” means a person employed to do

household work in another person’s home or dwelling;
“driving-belt” includes any driving strap, rope or chain;
“employer” means—
(a) any person who employs one

or more workers;
(b) attorney, agent, foreman,

manager, supervisor, clerk and
any other person engaged in
the hiring or superintending
the labour or service of any
worker;
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(c) as the context requires, the

operator, principal contractor,
contractor or subcontractor;
“existing industrial establishment” means any industrial

establishment which is in operation on the appointed
day;
c. 95:02 “factory” has the same meaning as in sections 2 and 3 of the

Factories Act and includes any agricultural undertaking,
construction site or logging operation which is outside
the scope of the definition of factory in that Act;
“fume” includes gas, vapour or smoke;
“hazardous biological agent” means any biological agent at

an excessive level for which relevant information exists
to indicate that the biological agent at this level is
hazardous;
“hazardous chemical” means any chemical which has been

classified as hazardous in accordance with Article 6 of
the International Labour Organisation Convention (No.
170) or for which relevant information exists to indicate
that the chemical is hazardous;
“hazardous physical agent” means any physical agent at

excessive level for which relevant information exists to
indicate that the physical agent at this level is hazardous;
“hazardous substances” means a substance or mixture of

substances which by virtue of chemical, physical or
toxicological properties either singly or in combination,
constitutes a hazard;
“homework” means the doing or any work in the

manufacture, preparation, improvement, repair,
alteration, assembly or completion of any article or any
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part thereof by a worker for wages in his own home or

other promises occupied primarily as living
accommodation;
“International Labour Organisation Convention (No. 170)”

means the International Labour Organisation Convention
concerning safety in the use of chemicals at work
adopted in Geneva on 25th day of June 1990;
“industrial establishment” means a factory, shop, office, or

workplace and any, building or other structure or
premises appertaining thereto but does not include
premises occupied for residential purposes only;
“inspector” means any person who is designated as an

inspector under section 12;
“logging operation” means the operation of felling or

trimming trees for commercial or industrial purposes or
for the clearing of land, and includes the measuring
storing, transporting or floating of logs, the maintenance
of haul roads, scarification, the carrying out of planned
burns and the practice of silviculture;
“major hazard installation” means an installation which

produces, processes, handles, uses, disposes of or stores,
either permanently or temporarily; one or more
hazardous substances or categories of substances in
quantities which exceed the threshold quantity as
prescribed;
“machinery” includes—
(a) stationary or portable boilers in

an industrial establishment;
(b) steam or other engines in an

industrial establishment;
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(c) all apparatus or appliances for

generating, developing,
receiving or transforming, or
measuring or testing the
volume, voltage, pressure or
frequency of, or for distributing
or applying any mechanical,
electric or natural power to any
industrial or manufacturing
process in an industrial
establishment;
(d) furnaces and fuel or storage

tanks situate within, opening
into or attached to the structure
of, or directly connected with,
any industrial establishment;
(e) railway locomotives, tractors,

road rollers or other type of
road locomotive;
(f) marine boilers, steam receivers

and air receivers on any ship or
vessel which is not a foreign
ship;
(g) vats, tanks, cooling or drying

devices used for the storage of,
or otherwise in connection
with, the product of any
mechanical process, and situate
within or attached to the
premises within which such
process is carried on;
(h) any plant, or apparatus used to
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generate, purify, mix, heat, or

cool any fume, gas or vapour;
and
(j) any driving belt;
“medical inspector” means any registered practitioner who is

designated as a medical inspector under section 15;
“mine” means—
(a) any surface or underground site

where the following activities, in
particular, take place-
(i) exploration of mineral

resources that involves the
mechanical disturbance of the
ground;
(ii) the extraction of mineral
resources;
(iii) preparation, including
crushing, grinding,
concentration or washing of the
extracted material;
(b) any machinery, equipment, appliance,

plant, building, or civil engineering
structure used in conjunction with
any activity referred to in
subparagraph (a);
“new industrial establishment” means any industrial

establishment which first commences to operate at some
time after the appointed day;
“occupational disease” means—
(a) a disease prescribed as an
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occupational disease under

section 75(2) (C) (e);
(b) a work-related disease;
“occupier” means the person who controls the industrial

establishment and the work that is done there;
“owner” means the person for the time being receiving the
rackrent of the premises used as an industrial
establishment, whether on his own account or as agent,
trustee, receiver, mortgagee in possession for any other
person, or who would so receive the rent if the premises
were let at a rackrent;
“physical agent” includes electromagnetic radiation, ionising

radiation, noise, vibration, heat, cold, humidity and
pressure;
“power” means electrical energy, and any other form of

energy which is mechanically transmitted and is not
generated by human or animal energy;
“prescribed” means prescribed by this Act or a regulation

made under this Act;
“prime mover” means every engine, motor or other appliance

which provides mechanical energy derived from steam,
water, wind, electricity, the combustion of fuel or other
source;
“sanitary conveniences” includes urinals, water-closets, or

closets, privies and any similar conveniences;
“safety and health representative” means a safety and health

representative selected under section 22;
“ship”, “vessel” and “harbour” have the same meanings as
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are respectively assigned to them in any law relating to

shipping;
“shop” means a building, booth or stall or a part of such

building, booth of stall where goods are handled,
exposed or offered for sale or where services are offered
for sale;
“supervisor” means a person who has charge of a work place

or authority over a worker;
“technical examiner” means a person who is designated as a

technical examiner under section 20;
“threshold quantity” means for a given hazardous substance

or category of substances that quantity, as prescribed,
which if exceeded identifies a major hazard installation;
“trade union” has the same meaning assigned to it in the

c. 98:03 Trade Unions Act;
“woman ”means a woman who has attained the age of 18

years;
“worker” means any employed person and apprentice;
“workplace” means any industrial establishment or place or

premises where a worker needs to be or go by reason of
his or her work and which is under the direct or indirect
control of the employer;
“work-related disease” means a condition that results from

exposure of a worker in a workplace to a chemical,
physical agent, or biological agent to the extent that the
normal physiological mechanisms of such worker is
affected and his health impaired thereby;
“young person” means a person who has ceased to be a child
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and has not attained the age of eighteen years.
(2) Premises shall not be excluded from the

definition of an industrial establishment by reason only that
they are open air premises.
(3) Any premises belonging to or in occupation of

the state or any municipal or any other public or local
government authority shall not be excluded from the
definition of an industrial establishment;
(4) A person who works in an industrial

establishment whether for wages or not, either in a process or
in clearing or oiling any part of the machinery or plant, or in
any other land of work whatsoever incidental to or connected
with the process, or connected with the article made or
otherwise the subject of the process therein, shall save as is
otherwise provided by this Act, be deemed to be employed
therein for the purposes of this Act and any proceedings
thereunder.
(5) A young person who works in an industrial

establishment, whether for wages or not, in collecting,
carrying or delivering goods, carrying messages or running
errands shall be deemed to be employed in the industrial
establishment for the purposes of this Act or of any
proceedings thereunder.
(6) For the purposes of this Act and the

regulations, a ship being manufactured or under repair shall
be deemed to be a construction site.
(7) An owner does not become an employer at a

construction site by virtue only of the fact that the owner has
engaged an architect, professional engineer or other person
solely to oversee quality control at a construction site.
(8) Except where otherwise expressly provided, the
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provisions of this Act shall be in addition to and not in

substitution for or in diminution of the provisions of any
other written law.
(9) A reference to regulations in this Act, unless the

context otherwise requires, means regulations made under
this Act.
Application of 3. (1) Except where otherwise expressly provided, this

Act to
Act shall apply to every industrial establishment and to all
industrial
establishment, owners and occupiers thereof and employers and workers
etc. therein.
(2) Subject to section 73, this Act shall apply to

industrial establishments belonging to or occupied by the
State, but in case of any public emergency, the Minister may
by order for the duration of the period specified in the order,
exempt from this Act any industrial establishment—
(a) belonging to or occupied by the State;
(b) in which work is being carried out on

behalf of the State; or
(c) whose activities are vital to the

national interest.
Work in private 4. (1) This Act shall not apply to work performed by
residence. the owner or occupant of a private residence in or about a
private residence or the lands and appurtenances used in
connection therewith.
(2) This Act shall apply to a domestic worker and

to an owner or occupant of a private residence with respect to
the work performed by the domestic worker for the owner or
occupant of a private residence.
Self-employed 5. (1) Sections 13, 16, 20, 30, 32, 33, 34, 35, 47, 48(l)(c),
person and
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person engaged (e), (f) and (g), 56, 59(l), 60,61, 62, 63, 64, 65, 69, 70, 77, 78, 79,
in homework.
80, 81 and 82 and the regulations in relation thereto, shall
apply mutatis mutandis to a self-employed person.
(2) Sections 13, 30-38, 46, 47, 49, 56-65, 67,70,71,

74,78 and 83 and the regulations in relation to fire escape, first
aid, safety and health and welfare shall apply mutatis
mutandis to workers engaged in homework and employers of
those workers.
PART II
REGISTRATION OF INDUSTRIAL ESTABLISHMENTS
Register of 6. (1) Every industrial establishment and the

industrial particulars thereof which are specified, in section 7 shall be
establishments registered under this Act with the Authority.
and particulars
thereof.
(2) Until compliance with the provisions of section
7(2). every registration done under any other law before the
appointed day in respect of any existing industrial
establishment, shall, be deemed to have been done under this
Act and shall continue in effect under this Act for the purpose
of the application of the provisions of this Act to such
industrial establishment.
(3) The department responsible for registering any

existing industrial establishment referred to in subsection (2)
shall notify the Authority of the particulars or every such
registration.
(4) The Authority shall keep a register of industrial

establishments registered under section 7(l) and (2) and shall
cause to be entered therein the particulars from time to time
registered in respect of application for registration of such
industrial establishment.
Application for 7. (1) Every person who is the owner or employer

registration of of an industrial establishment shall—
industrial
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establishment (a) within thirty days after the appointed

and particulars
day, in the case of an existing
thereof.
industrial establishment not already
registered under any other law;
(b) within thirty days after the industrial

establishment commences to operate
as such, in the case of a new industrial
establishment; and
(c) within thirty days after the

anniversary of every certificate of
registration or continuation of
registration or renewal of registration
granted under subsection (4),
make application to the Authority in the prescribed form for

the registration of such industrial establishment.
(2) Every person who is the owner or occupier of

an existing industrial establishment referred to in section 6(2)
shall within one year after the appointed day, make
application to the Authority for a certificate of continuation of
registration under this Act.
(3) Every application under subsection (1) or (2)

shall contain the following particulars—
(a) the names and addresses of the owner

and of the occupier of the industrial
establishment to which the
application relates;
(b) the address and location of the

industrial establishment;
(c) the nature and the object of the

process carried on industrial
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establishment;
(d) the number of employees employed

in the industrial establishment—
(i) normally; and

(ii) at the date of application;
(e) the hazardous chemicals and

hazardous physical agents present in
the industrial establishment, as listed
in the hazardous materials inventory
required to be prepared under section
61(1) of this Act; and
(f) whether the industrial establishment

or mine is a major hazard installation.
(4) The Authority shall, upon the receipt of an

application under subsection (1) or (2) containing the
particulars specified in subsection (3) forthwith cause to be
registered or continued to be registered as the case may be,
the industrial establishment, and the particulars thereof, to
which the application relates, and the Authority shall issue to
the applicant a certificate of registration or continuation of
registration or renewal of registration, as the case may be of
the industrial establishment in the prescribed form.
(5) Every application for the registration or

continuation of registration or renewal of registration shall be
made on the prescribed form and accompanied by the
prescribed fee.
(6) Any person who intends to erect or cause to be

erected a new industrial establishment or any new building
appurtenant to any existing industrial establishment shall,
before the erection of such industrial establishment or
building is commenced, give notice in writing to the
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Authority of his intention as aforesaid, and shall furnish the

Authority with such drawings, plans or specifications as
are specified in section 52.
Application for 8. Where any change takes place in any of the

registration of particulars registered under section 7 (4), the owner or
change in
occupier for the time being of the industrial establishment to
particulars
registered. which the particulars relate shall, within thirty days after the
date upon which the change takes place, make application to
the Authority for the registration of the change, and the
Authority shall amend the register of industrial establishment
accordingly and issue to the applicant a verification of
registration of the change as aforesaid.
Correction of 9. (1) The Authority may take such steps as

register. considered necessary to ascertain whether—
(a) any industrial establishment
registered under this Act is being
operated as an industrial
establishment; or
(b) any change has taken place in the

particulars registered under section 7
in respect of any industrial
establishment.
(2) Where the Authority ascertains that any

industrial establishment registered as aforesaid is not being
operated as an industrial establishment, or that a change has
taken place in the particulars registered as aforesaid in respect
of any industrial establishment, the Authority shall remove
the name of the industrial establishment from the register or
shall make such amendment to the register as the
circumstances may require.
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PART III
ADMINISTRATION
(a) Governmental
Establishment 10. (1) There is hereby established an Advisory

and functions
of National
Council to be known as the Advisory Council on
Advisory Occupational Safety and Health consisting of not less than
Council on twelve nor more than twenty members appointed by the
Occupational Minister from among persons nominated for such
Safety and
Health.
appointment by bodies or persons representative of the
concerns referred to in subsection (2).
(2) The members of the Advisory Council shall be

appointed for such term as the Minister determines and shall
be representative of management, labour, technical or
professional bodies or persons which or who are concerned
with and have knowledge of occupational safety, welfare and
health.
(3) The Minister shall designate a chairman and a
vice-chairman of the Advisory Council from among the
members appointed.
(4) The Minister may fill any vacancy that occurs in

the membership of the Advisory Council.
(5) The remuneration and expenses of the

members of the Advisory Council shall be determined by the
Minister and shall be paid out of the moneys appropriated
therefor by the National Assembly.
(6) The Advisory Council, with the approval of the

Minister, may make rules and pass resolutions governing its
procedure, including the calling of meetings, the
establishment of a quorum, and the conduct of meetings.
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(7) The functions of the Advisory Council are—
(a) to advise the Minister on matters

relating to occupational safety and
health or arising out of the operation
of this Act which may be brought to
its attention or be referred to it,
including the formulation of a
national policy on occupational safety
and health;
(b) to make recommendations to the

minister relating to programmes of
the Authority in occupational safety
and health including enforcement and
the implementation of a national
policy on occupational safety and
health; and
(c) to promote public awareness of

occupational safety and health.
(8) The Advisory Council shall file with the

Minister not later than the 1st day of June in each year an
annual report upon the affairs of the Advisory Council for the
previous year.
(9) The Minister shall submit the report to the

National Assembly if it is in session or, if not, at the next
ensuing session.
Committees. 11. (1) The Advisory Council may establish

committees to assist it in the performance of its functions and
may appoint such persons whether or not they are members
of the Advisory Council as it may deem fit to be members of
any such committees:
Provided that the Chairman of every such committee
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shall be a member of the Council.
(2) Any person appointed under subsection (1)

who is not a member of the Council or a public officer may be
paid such remuneration and expenses as may be determined
by the Minister.
Establishment 12. (1) There is hereby established an authority to be

of Occupational known as the Occupational Safety and Health Authority
Safety and
comprising such officers as may be designated by the
Health
Authority and Minister by notice published in the Gazette, and where no
designation of such authority is established, the Authority shall be the Chief
inspectors. Occupational Safety and Health Officer.
(2) Subject to subsection (3), all industrial

establishments and all machinery shall be inspected by the
Authority, or, subject to the directions of the Authority by an
inspector.
(3) The Minister may make regulations for the

inspection of industrial establishments and machinery, or of
some classes of industrial establishments or of certain kinds of
machinery, by such persons as may be designated in such
regulations.
(4) The Minister may, by notice published in the

Gazette designate fit and proper persons to be inspectors for
the purposes of this Act.
(5) No person who is the occupier of any industrial

establishment or is directly or indirectly interested therein or
in any process or business carried on therein, or in a patent
connected therewith, or is employed in or about such
establishment shall be appointed an inspector or act as such.
Power of the 13. (1) The Authority, and every inspector, shall for
Authority and the purposes of this Act have power –
of an inspector.
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(a) whenever he has reasonable cause to

believe that any person is employed
in an industrial establishment, to
enter, inspect and examine such
industrial establishment and every
part thereof at any hour of the day or
night;
(b) whenever he has reasonable cause to

believe any place to be an industrial
establishment, to enter, inspect and
examine such place by day;
(c) whenever he has reasonable cause to

believe that explosive or highly
inflammable materials are stored or,
used in any building of which an
industrial establishment forms part, to
enter, inspect and examine any part
of such building by day;
(d) to enter any ship or vessel in any dock

or harbour or at any wharf, quay or
stelling and make such inspection and
examination as he may deem fit;
(e) to require the production of the

registers, certificates, notices and
documents kept in pursuance of this
Act, and to inspect, examine, and
copy any of them;
(f) upon giving a receipt therefor, to

remove any register, certificate, notice
and document kept in pursuance of
this Act for the purpose of making
copies therefor or extracts therefrom,
and upon making copies thereof or
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extracts therefrom, to promptly return

the same to the person who produced
or furnished them;
(g) to make such examination, inquiry or

test as may be necessary to ascertain
whether, in respect of any industrial
establishment or the persons
employed therein, or in respect of any
prescribed occupation, the provisions
of this Act and of the enactments for
the time being in force relating to
public health are being complied
with;
(h) to conduct or take tests without

unduly disturbing the workplace, of
any equipment, machine, device,
article, material, chemical, physical
agent, or biological agent in or about a
work place and for such purposes, to
take and carry away such samples as
may be necessary subject to the
employer being notified of such
samples taken and carried away;
(i) to require in writing an employer to

cause any tests described in
paragraph (h ) to be conducted or
taken, at the expense of the employer,
by a person possessing such special
expert or professional knowledge or
qualifications as specified by the
inspector and to provide, at the
expense of the employer a report or
assessment by that person;
(j) in any inspection, examination,
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inquiry or test, to be accompanied and

assisted by or take with him any
person having special, expert or
professional knowledge of any
matter, take photographs, and take
with him and use any equipment or
material required for such purpose;
(k) to require any person whom he finds

in an industrial establishment to give
such information as it is in his power
to give as to whom is the occupier of
the industrial establishment;
(l) to examine either alone or in, the

presence of any other person as he
thinks fit, with respect to matters
under this Act, every person whom he
finds in an industrial establishment or
whom he has reasonable cause to
believe to have been employed or to
have been employed within the
preceding two months in an industrial
establishment, or in respect of any
prescribed occupation and to require
every such person to be so examined
and to sign a declaration of the truth
of the matters respecting which he is
so examined:
Provided however, that no person

shall be required under this
paragraph to answer any question, or
to give any evidence, tending to
incriminate himself;
(m) to require that any equipment,

machine, device, article or process be
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operated or set in motion or that a

system or procedure be carried out
that may be relevant to an
examination, inquiry or test;
(n) to require in writing an employer to

have equipment, machinery, or device
tested, at the expense of the employer,
by a professional engineer and to
provide, at the expense of the
employer, a report bearing the seal
and the signature of the professional
engineer stating that the equipment,
machinery or device is not likely to
endanger a worker;
(o) to require in writing that any

equipment, machinery or device not
be used pending testing described in
paragraph (n);
(p) to require in writing an owner or

employer to provide, at the expense of
the owner or employer, a report
bearing the seal and signature of a
professional engineer stating—
(i) the load limits of a floor, roof,

part of a building, structure or
temporary work;
(ii) that a floor, roof, part of a
building, structure or
temporary work is capable of
supporting or withstanding the
loads being applied to it or
likely to be paid to it; or
(iii) that a floor, roof, part of a
building, structure or
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temporary work is capable of

supporting or withstanding all
loads to which it may be
subjected without causing the
materials therein to be stressed
beyond the allowable unit
stresses established under any
building code or law;
(q) to require in writing an owner of a

mine or part thereof to provide, at the
owner’s expense, a report in writing
bearing the seal and the signature of a
professional engineer stating that the
ground stability of, the mining
methods and the support or rock
reinforcement used in the mine or
part thereof is such that a worker is
not likely to be endangered;
(r) to require in writing, within such time

as is specified a person who is an
employer, manufacturer, producer,
importer, distributor or supplier to
produce records or information, or to
provide, at the expense of such person
a report or evaluation made by a
person or organisation having special,
expert or professional knowledge or
qualifications as are specified by the
inspector of any process, chemical,
physical agent, or biological agent or
a combination of such a chemical and
such agents present, used or intended
for use in a workplace and the
manner of use, including—
(i) the ingredients thereof and
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their common or generic name

or names;
(ii) the composition and property
thereof,
(iii) the toxicological effect thereof;
(iv) the effect of exposure thereto
whether by contact, inhalation,
or ingestion;
(v) the protective measures used or
to be used in respect thereof;
(vi) the emergency measures used
or to be used to deal with
exposure in respect thereof; and
(vii) the effect of the use, transport
and disposal thereof,
(s) to require the production of any

material concerning the content,
frequency and manner of instruction
of any training programme and
inspect, examine and copy the
material and attend any such
programme;
(t) where the inspector is a registered

medical practitioner, to carry out such
medical examinations as may be
necessary for the purposes of his
duties under this Act;
(u) whenever he has reasonable cause to

believe that there may be any serious
obstruction in the execution of his
powers, duties and functions under
paragraphs (a), (b), (c) or (d), to take a
member of the police force or the
rural constabulary with him into the
industrial establishment, building,
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ship or vessel, as the case may be;
(v) to exercise such other powers, duties

and functions as may be necessary to
carry this Act into full effect.
(2) The occupier of every industrial establishment

his agents and servants shall furnish the means required by
an inspector as necessary for the entry, inspection,
examination, inquiry, the taking of samples or otherwise for
the exercise of his powers, duties and functions under this Act
in relation to that industrial establishment.
Certificate of 14. (1) Every Inspector appointed under section 12(4)

appointment of shall be furnished with a prescribed certificate of his
Inspector.
appointment.
(2) When visiting an industrial establishment or

place to which any of the provisions of this Act applies, he
shall, if required so to do, produce the said certificate to the
occupier or manager of the industrial establishment or place.
Appointment 15. (1) The Minister may, by notice published in the

of medical Gazette, designate a sufficient number of registered medical
inspectors.
practitioners to be medical inspectors for any of the purposes
of this Act.
(2) No medical practitioner who is the occupier of

an industrial establishment, or is directly or indirectly
interested therein, or in any process or business carried on
therein, or in a patent connected therewith, shall act as
medical inspector for that industrial establishment:
Provided that the Minister may authorise a registered

medical practitioner who is employed by the occupier of an
industrial establishment in connection with the medical
supervision of persons employed in the industrial
establishment but is not otherwise interested in the industrial
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establishment, to act as medical inspector for such industrial

establishment for the purpose of examining and certifying the
fitness of young persons.
(3) Where there is no medical inspector for an

industrial establishment, the Government Medical Officer for
the medical district in which the industrial establishment is
situate shall be the medical inspector for that industrial
establishment.
Powers and 16. (1) The medical inspector for an industrial

duties of establishment shall have power at all reasonable times to
medical
inspect the general register of that industrial establishment.
inspector.
(2) It shall be the duty of a medical inspector to

investigate and report—
(a) upon any case of death or injury

caused by exposure in an industrial
establishment to fumes or other
noxious substances, or due to any
other special cause specified in
instructions of the Minister as
requiring investigation;
(b) upon any case of death, or injury
which the Authority in pursuance of
any general or special instructions of
the Minister may refer to him for that
purpose; and
(c) upon any case of disease of which he

receives notice under this Act.
(3) The medical inspector, for the purpose of an

investigation under this section shall have all the powers of
an inspector under this Act, and, in addition thereto, the
power to enter any room in a building to which the person
killed, injured or affected has been removed.
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(4) Regulations may be made under this Act

regulating—
(a) the duties of medical inspectors; and
(b) any special inquiry, examination or

investigation held or performed by
medical inspectors in pursuance of
instructions or directions of the
Minister.
Power of 17. (1) Where the Authority or an inspector is of an
inspector to opinion that the employment of any young person in an
require
certificate of
industrial establishment, or in any particular process or kind
fitness for of work in an industrial establishment, is prejudicial to the
work. health of the young person or to the health of other persons,
he may, anything contained in a certificate (previously
obtained) of fitness of the young person for employment to
the contrary notwithstanding, serve notice in writing on the
occupier of the industrial establishment requiring that the
employment of that young person in the industrial
establishment or in the process or kind of work as the case
may be, be discontinued after the period named therein,
being not less than one or more than seven days after the
service of the notice.
(2) No occupier of an industrial establishment

shall, after the period named in the notice under subsection
(1), employ the young person to whom the notice relates
contrary to requirements set out in the said notice, unless the
medical inspector for the industrial establishment has, after
the service of the notice, personally examined the young
person and certified that he is fit for employment in the
industrial establishment or in the process or kind of work, as
the case may be.
Fees of medical 18. (1) The fees to be paid to medical inspectors for
inspectors. carrying out their duties under this Act shall, in so far as they
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relate to any examination or certificate with respect to the

fitness of a young person for employment in an industrial
establishment or to any examination or medical supervision
of persons employed in an industrial establishment carried
out in pursuance of regulations made under this Act, be paid
by the occupier of that industrial establishment and in any
other case shall be defrayed as an expense of carrying this Act
into effect.
(2) Such fees shall, subject to any agreement made

between the medical inspector and the occupier of an
industrial establishment in respect of the fees payable by the
occupier be of such amount as may from time to time be
prescribed.
Periodical 19. Every medical inspector shall in each year make at

report of the prescribed time a report in the prescribed form to the
medical
inspector to the
Authority as to the examinations made for other duties
Authority. performed by him in pursuance of this Act.
Appointment 20. (1) The Minister may, by notice publish in the

of technical
Gazette, designate persons who by virtue of training and
examiners.
experience are duty and properly qualified to examine
equipment, drawings, plans, or specifications of any
workplace, to be technical examiners for the purposes of
carrying out such examination or other duty under this Act or
as prescribed.
(2) The Minister may by regulations prescribe the

fees to be paid to technical examiners for any examination or
the duty carried out by them under this Act or as prescribed.
Appointment 21. (1) The Minister may appoint an Occupational

of Occupational Safety and Health Commissioner who shall carry out the
Safety and
Health
duties and exercise the powers of the Commissioner under
Commissioner. this Act.
(2) The Minister or, where any direction or
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reference is made to the Commissioner, the Commissioner,

shall in relation to procedural matters, have all the powers of
c. 98:01 an arbitration tribunal to which the provisions of the Labour
(Subsidiary (Arbitration Procedure) Regulations apply and the provisions
Legislation) of those Regulations shall mutatis mutandis apply to any
appeal, claim, rebuttal, complaint, or order filed with the
Minister or Authority, or directed or referred by the Minister
or Authority to the Commissioner, under this Act.
(3) The Commissioner appointed under subsection

(1) shall be paid such remuneration and expenses as the
Minister determines.
(b) Non-Governmental
Safety and 22. (1) At a construction site or other workplace where

health no committee is required under section 23 and where the
representatives
and their
number of workers regularly exceeds five, the employer shall
functions and cause the workers to select at least one safety and health
powers. representative from among the workers at the workplace who
do not exercise managerial functions.
(2) If no safety and health representative is

required under subsection (1) and no committee is required
under section 23 for a workplace, the Minister may, by order,
require an employer to cause the workers to select one or
more safety and health representatives from among the
workers at the work-place or part thereof who do not exercise
managerial functions, and may provide in the order for the
qualifications of such representatives.
(3) Every order made under subsection (2) may

contain directions as the Minister considers advisable
concerning the carrying out of the functions of safety and
health representative.
(4) In exercising the power conferred by subsection

(2), the Minister shall consider the matters set out in section
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23(5).
(5) The selection of a safety and health

representative shall be made by those workers who do not
exercise managerial functions and who will be represented by
the safety and health representative in the workplace, or the
part or parts thereof, as the case may be.
(6) Where there is a trade union or trade unions

representing the workers referred to in subsection (5), the
selection of a safety and health representative may be
delegated by a majority of such workers to the trade union or
trade unions.
(7) Unless otherwise required by the regulations or

by an order by an inspector, a safety and health
representative shall inspect the physical conditions of the
workplace at least once a month.
(8) If it is not practical to inspect the workplace at

least once a month, the safety and health representative shall
inspect the physical condition of the workplace at least once a
year, inspecting at least a part of the workplace in each
month.
(9) The inspection required by subsection (8) shall

be undertaken accordance with a schedule agreed upon by
the employer and the safety and health representative.
(10) The employer and workers shall provide a

safety and health representative with such information and
assistance as such representative may require for the purpose
of carrying out an inspection of the workplace.
(11) A safety and health representative shall have

power to identify situations that may be a source of danger or
hazard to workers and to make recommendations or report
his findings thereon to the employer, the workers and the
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trade union or trade unions representing the workers.
(12) A safety and health representative has the

power—
(a) to obtain information from the

employer concerning the conducting
or taking of tests of any equipment,
machine, device, article, material,
chemical, physical agent or biological
agent in or about a workplace for the
purpose or occupational safety and
health;
(b) to be consulted about, and be present

at the beginning of, testing referred to
in paragraph (a) conducted in or
about the workplace if the
representative believes his presence is
required to ensure that valid testing
procedures are used or to ensure that
the test results are valid; and
(c) to obtain information from the

employer respecting—
(i) the identification of potential or

existing hazards of materials,
processes or equipment; and
(ii) safety and health experience
and work practices and
standards in similar or other
industries of which the
employer has knowledge.
(13) An employer who receives written

recommendations from a safety and health representative
shall respond in writing within twenty-one days.
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(14) A response of an employer under subsection

(13) shall contain a timetable for implementing the
recommendations the employer agrees with and give reasons
why the employer disagrees with any recommendations that
the employer does not accept.
(15) Where a person is killed or critically injured at

a workplace from any cause, the safety and health
representative may, subject to section 69 (2), inspect the place
where the accident occurred and any machine, device or
article, and shall report his findings in writing to the
employer and the Authority.
(16) A safely and health representative is entitled

to take such time from work as is necessary to carry out his
duties under subsection (7) and (15) and the time so spent
shall be deemed to be work time for which the representative
shall be paid by his employer at the representative’s regular
or premium rate as may be proper.
(17) A safety and health representative or

representatives of like nature appointed or selected under the
provisions of a collective agreement or other agreement or
arrangement between the employer and the workers, has in
addition to his functions and the powers under the provisions
of the collective agreement or other agreement or
arrangement, the functions and powers conferred upon a
safety and health representative by this section.
(18) A safety and health representative shall

maintain and keep a record of the exercise of his functions
and powers conferred upon him, by this section and shall
make the same available for examination by an inspector.
Joint work- 23. (1) A joint workplace safety and health committee
place safety is required—
and health
committee.
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(a) at a workplace at which twenty or

more workers are regularly
employed;
(b) at a workplace with respect to which

an order to an employer is in effect
under section 59; or
(c) at a workplace other than a

construction site where fewer than
twenty workers are regularly
employed, with respect to which a
regulation concerning critical
substances applies.
(2) Subject to subsection (3), this section does not

apply—
(a) to an employer at a construction site

at which work is expected to last less
than three months; or
(b) to a prescribed employer or

workplace or class of employers or
workplaces.
(3) Despite subsections (1) and (2), the Minister

may, by order require an employer to establish and maintain
one or more joint workplace safety and health committees for
a workplace or a part thereof and may, in such order, provide
for the composition, practice and procedure of any committee
so established.
(4) The employer shall cause a joint workplace

safety and health committee to be established and maintained
at the workplace unless the Minister is satisfied that a
committee of like nature or an arrangement, programme or
system in which the workers participate was, on the
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appointed day established and maintained pursuant to a

collective agreement or other agreement or arrangement and
that such committee, arrangement, programme or system
provides benefits for the safety and health of the workers
equal to, or greater than, the benefits to be derived under a
committee established under this section.
(5) In exercising the power conferred by subsection

(3), the Minister shall consider—
(a) the nature of the work being done;
(b) the request of an employer, a group of

the workers or the trade union or
trade unions representing the workers
in a workplace;
(c) the frequency of occupational disease

or injury in the workplace or in the
industry of which the employer is a
part;
(d) the existence of safety and health

programmes and procedures in the
workplace and the effectiveness
thereof; and
(e) such other matters as the Minister

considers advisable.
(6) A committee shall consist of—
(a) at least four persons, for a workplace

where fewer than fifty workers are
regularly employed; or
(b) at least six persons or such greater

number of persons as may be
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prescribed, for a workplace where

fifty or more workers are regularly
employed.
(7) At least half the members of a committee shall

be workers employed at the workplace who do not exercise
managerial functions.
(8) The members of a committee who represent

workers shall be selected by the workers who do not exercise
managerial functions and who will be represented by those
members of the committee in the workplace or the part or
parts them of as the case may be.
(9) Where there is a trade union or trade unions

representing the workers referred to in subsection (8), the
selection of the members of a committee referred to in
subsection (8) may be delegated by a majority of such
workers to the trade union or trade unions.
(10) The employer shall select the remaining

members of a committee from among persons who exercise
managerial functions for the employer and, to the extent
possible, who do so at the workplace.
(11) A member of the committee who ceases to be

employed at the workplace ceases to be a member of the
committee.
(12) Two of the members of a committee shall, on a

rotating basis, co-chair the committee, one of whom shall be
selected by the members who represents workers and the
other of whom shall be selected by the members who exercise
managerial functions.
(13) It is the function of a committee and it has

power to—
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(a) identify situations that may be a

source of danger or hazard to
workers:
(b) make recommendations to the

employer and the workers for the
improvement of the health and
welfare of workers;
(c) recommend to the employer and the

workers the establishment,
maintenance and monitoring of
programmes, measures and
procedures respecting the safety of
workers;
(d) obtain information from the employer

respecting—
(i) the identification of potential or

existing hazards of materials,
processes or equipment; and
(ii) safety and health experience
and work practices and
standards in similar or other
industries of which the
employer has knowledge;
(e) obtain information from the employer

concerning the conducting or taking
of tests of any equipment, machine
device, article, material, chemical,
physical agent or biological agent in
or about a workplace for the purpose
of occupational safety and health; and
(f) be consulted about, and have a

designated member representing
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workers be present at the beginning

of testing referred to in clause (e)
conducted in or about the workplace
if the designated member believes his
presence is required to ensure that
valid testing procedures are used or
to ensure that the test results are
valid.
(14) The member of the committee who represent

workers shall designate one of them who is entitled to be
present at the beginning of testing described in subsection
(13)(f).
(15) An employer who receives written

recommendations from a committee shall respond in writing
within twenty-one days.
(16) A response of an employer under subsection

(15) shall contain a time table for implementing the
recommendations the employer agrees with and give reasons
why the employer disagrees with any recommendations that
the employer does not accept.
(17) A committee shall maintain and keep minutes

of its proceedings and make the same available for
examination and review by an inspector.

workers shall designate a member representing workers to
inspect the physical condition of the workplace.
(19) The members of a committee are not required

to designate the same member to perform all inspections or to
perform all of a particular inspection.
(20) Unless otherwise required by the regulations

or by an order by an inspector, a member designated under
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subsection (18) shall inspect the physical conditions of the

entire workplace at least once a month.
(21) If it is not practical to inspect the entire

workplace in any one day in a month, in accordance with
subsection (20), the member designated under subsection (18)
shall continue on any one or several remaining days of the
said month to inspect at least a part of the workplace on each
such day until the entire workplace is inspected in that
month.
(22) The inspection required by subsection (21)

shall be undertaken in accordance with a schedule established
by the committee.
(23) The employer and the workers shall provide a

member designated under subsection (18) with such
information and assistance as the member may require for the
purpose of carrying out an inspection of the workplace.
(24) The member designated under subsection (18),

shall inform the committee of situations that may be a source
of danger or hazard to workers and the committee shall
consider such information within a reasonable period of time.

workers shall designate one or more such members to
investigate cases where a worker is killed or injured at a
workplace from any cause and one of those members may,
subject to section 69(2), inspect the place where the accident
occurred and any machine, device or article, and shall report
his or her findings to the employer and the Authority is the
committee.
(26) An employer required to establish a

committee under this section shall post and keep posted at
the workplace the names and work locations of the committee
members in a conspicuous place or places where they are
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most likely to come to the attention of the workers.
(27) A committee shall meet at least once every

three months at the workplace and may be required to meet
by order of the Minister.
(28) A member of a committee is entitled to—
(a) one hour or such longer period of

time as the committee determines is
necessary to prepare for each
committee meeting;
(b) such time as is necessary to carry out

the member’s duties under
subsections (20), (21) and (25).
(29) A member of a committee shall be deemed to

be at work during the times mentioned in subsection (28) and
the member’s employer shall pay the member for those times
at the member’s regular or premium rate as may be proper.
(30) Any committee of a like nature to a committee

established under this section in existence in a workplace
under the provisions of a collective agreement or other
agreement or arrangement between an employer and the
workers has, in addition to its functions and powers under
the provisions of the collective agreement or arrangement, the
functions and powers conferred upon a committee by this
section.
(31) Where a dispute arises as to the application of

subsection (2), or the compliance or purported compliance
therewith by an employer, the dispute shall decide by the
Commissioner after consulting the employer and the workers
or trade union or trade unions representing the workers.
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Worker trades 24. (1) If a committee is required at a construction site,

committee.
other than a construction site where fewer than fifty workers
are regularly employed or that is expected to last less than
three months, the committee shall establish a worker trades
committee for the construction site.
(2) The members of a worker trades committee

shall represent workers employed in each of the trades at the
workplace.
(3) The members of a worker trades committee

shall be selected by the workers employed in the trades the
members are to represent.
(4) Where there is a trade union representing the

workers referred to in subsection (3), the selection of the
members of a worker trades committee may be delegated by a
majority of such workers to the trade union.
(5) It is the function of a worker trades committee

to inform the committee at the workplace of the safety and
health concerns of the workers employed in the trades at the
workplace.
(6) Subject to subsection (7), a member of a worker

trades committee is entitled to such time from work as is
necessary to attend meetings of the worker representative of
the committee with respect to proposed testing strategies for
representative of the committee concerning testing strategies
to be used.
(7) The committee for a workplace shall determine

the maximum amount of time for which members of a worker
trades committee for the workplace are entitled to be paid
under subsection (6) for each meeting of the worker trades
committee.
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Consultation 25. (1) The employer at a workplace shall consult a

on industrial
safety and health representative of the committee with respect
hygiene testing.
to proposed testing strategies for investigating industrial
hygiene at the workplace.
(2) The employer shall provide information to a

safety and health representative of the committee concerning
testing strategies to be used to investigate industrial hygiene
at the workplace.
(3) A safety and health representative or a

designated committee member representing workers at a
workplace is entitled to be present at the beginning of testing
conducted with respect to industrial hygiene at the workplace
if the representative or member believes his or her presence is
required to ensure that valid testing procedures are used or to
ensure that the test results are valid.
(4) The committee members representing workers

shall designate one of them for the purpose of subsection (3).
Summary to be 26. (1) A committee established, or safety and health

furnished. representative selected, under this Act for an employer, may
request the Authority to obtain from the National Insurance
c. 36:01 Board, established under the National Insurance Act, an
annual summary of data relating to such employer in respect
of the number of work accident fatalities, the number of lost
workday cases, the number lost workdays, the number of
non-fatal cases that required medical aid without lost
workdays, the incidence of occupational diseases, the number
of work-related injuries, and such other data as the committee
or safety and health representative may request.
(2) Upon such request and receipt of such annual

summary of data, the Authority shall send copies thereof to
the committee, safety and health representative and the
employers and the employer shall cause a copy thereof to be
posted in a conspicuous place or places at the work-place
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where it is most likely to come to the attention of the workers.
(3) The Authority shall, in accordance with the

objects and purposes of this Act, ensure that persons and
organizations concerned with the purposes of this Act are
provided with information and advice pertaining to its
administration and to the protection to the occupational
safety and occupational health of workers generally.
(c) Provisions applicable to Inspections, etc.
Representation 27. (1) Where an inspector makes an inspection of a

during workplace under the powers conferred upon him or her
inspections.
under section 13, the employer or group of employers shall
afford a committee member representing workers or a safety
and health representative, if any, or a worker selected by a
trade union or trade unions, if any, because of knowledge,
experience and training, to represent it or them and, where
there is no trade union, a worker selected by the workers
because of knowledge, training and experience to represent
them, the opportunity to accompany the inspector during his
physical inspection of a workplace, or any part thereof.
(2) Where there is no committee member

representing workers, no safety and health representative or
worker selected under subsection (2), the inspector shall
endeavour to consult during his physical inspection with a
reasonable number of the workers concerning matters of
safety and health at their work.
(3) The time spent by a committee member

representing workers, a safety and health representative or a
worker selected in accordance with subsection (2) in
accompanying an inspector during his physical inspection,
shall be deemed to be work time of which he shall be paid by
his employer at his regular or premium rate as may be
proper.
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Request for and 28. Subject to section 23(20), an inspector may in

inspections.
writing direct a safety representative or a member designated
under section 23(18) to inspect the physical condition of the
work-place or part thereof at specified intervals.
Seizure of 29. (1) While acting under the authority of this Act, an
documents or
inspector may, without a warrant or court order, seize any
articles.
article or document that is produced to him or that is in plain
view, if the inspector reasonably believes that this Act or a
regulation has been contravened and that the article or
document will afford evidence of the contravention.
(2) The inspector may remove the article or

document seized or may detain it in the place in which it is
seized.
(3) The inspector shall inform the person from
whom the article or document is seized as to the reason for
the seizure and shall give the person a receipt for it; the
person from whom the article or document is seized, shall,
immediately on receiving information as to the reason for the
seizure and the receipt of the article or document seized,
bring such information and receipt to the attention of
management.
(4) The inspector shall bring an article or document

seized under the authority of this section before the Authority
or, if that is not reasonably possible, shall report the seizure to
the Authority.
Orders by 30. (1) Where an inspector finds that a provision of

inspectors for this Act or the regulations is being contravened, the inspector
non-
compliance.
may order, orally or in writing, the owner, employer, or
person whom he, or she believes to be in charge of a
workplace or the person whom the inspector believes to be
the contravener to comply with the provision and may
require the order to be carried out forthwith or within such
period of time as the inspector specifies.
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(2) Where an inspector makes an oral order under

subsection (1), the inspector shall confirm the order in writing
before leaving the workplace.
(3) An order made under subsection (1) shall

indicate generally the nature of the contravention and where
appropriate the location of the contravention.
(4) An order made under subsection (1) may

require an employer to submit to the Authority a compliance
plan prepared in the manner and including such items as
required by the order.
(5) The compliance plan shall specify what the

employer plans to do to comply with the order and when the
employer intends to achieve compliance.
(6) Where an inspector makes an order under

subsection (1) and finds that the contravention or this Act or
the regulations is a danger or hazard to the safety and health
of a worker, the inspector may—
(a) order that any place, equipment,

machine, device, article or any process
or chemical shall not be used until the
order is complied with;
(b) order that the work at the workplace

as indicated in the order shall stop
until the order to stop work is
withdrawn or cancelled by an
inspector after an inspection;
(c) order that the workplace where the

contravention exists be cleared of
workers and isolated by barricades,
fencing or any other means suitable to
prevent access thereto by a worker
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until the danger or hazard to the

safety or health of a worker is
removed.
(7) Despite subsection (6)(b), an employer who

gives notice to an inspector of compliance with an order made
under subsection (6) may resume work pending an inspection
and decision by an inspector respecting compliance with the
order if, before the resumption of work, a committee member
representing workers or a safety and health representative, as
the case may be, advises an inspector that in his opinion the
order has been complied with.
(8) In addition to the orders that may be made

under subsection (6), where an inspector makes an order
under subsection (1) for a contravention of section 62 or 65 or
the Authority has been advised of an employer’s inability to
obtain an unexpired chemical safety data sheet, the inspector
may order that the hazardous chemical shall not be used or
that the article that causes, emits or produces the hazardous
physical agent not to be used or operated until the order is
withdrawn or cancelled.
(9) Where an inspector makes an order under this

section, he may affix to the workplace, or to any equipment,
machine, device or article a copy thereof or a notice in the
prescribed form and no person, except an inspector, shall
remove such copy or notice unless authorized to do so by an
inspector.
(10) Where in inspector makes an order in writing

or issues a report of his inspection to an owner, employer or
person in charge of the workplace, the owner, employer or
person in charge of the workplace shall forthwith cause a
copy or copies thereof to be posted in a conspicuous place or
places at the workplace where it is most likely to come to the
attention of the workers and shall furnish a copy of such
order or report to the safety and health representative or the
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committee, if any, and the inspector shall cause a copy thereof

to be furnished to a person who has complained of a
contravention of this Act or the regulations.
(11) An inspector shall hold or afford to an owner,

employer or any other person an opportunity for a hearing
before making an order.
(12) Notwithstanding the requirements specified in

this section with regard to in order of an inspector, where an
inspector has reason to believe that a person has committed
an offence against this Act or the regulations, he may give
that person a notice offering him the opportunity to discharge
any liability to conviction for that offence by payment to the
Authority of a sum of money which amounts to two- thirds of
the minimum prescribed penalty within twenty-eight days of
the date of the notice.
Entry into 31. Where an order is made under section 30(6) (c), no
barricaded owner, employer or supervisor shall require or permit a
area.
worker to enter the workplace except for the purpose of doing
work that is necessary or required to remove the danger or
hazard and only where the worker is protected from the
danger or hazard.
Notice of 32. (1) Within three days after an employer who has
compliance. received an order under section 30 believes that compliance
with the order has been achieved, the employer shall submit
to the Authority a notice of compliance.
(2) The notice shall be signed by the employer and

shall be accompanied by—
(a) a statement of agreement or

disagreement with the contents of the
notice, signed by a member of the
committee representing workers or by
a safety and health representative, as
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the case may be; or
(b) a statement that the member or

representative has declined to sign the
statement referred to in paragraph (a).
(3) The employer shall post the notice of

compliance submitted under subsection (1) for a period of
fourteen days following its submission to the Authority in a
place or places in the workplace where it is most likely to
come to the attention of workers.
(4) Despite the submission of a notice of

compliance, an employer achieves compliance with an order
under section 30 when in inspector determines the
compliance has been achieved.
Injunction 33. In addition to any other remedy or penalty

proceedings. therefor, where an order under section 30 (6) is contravened,
such contravention may be restrained upon an application
made to the High Court at the instance of the Authority.
Appeals from 34. (1) Any employer, owner, worker or trade union
order of an which considers himself, or itself aggrieved by any order
inspector.
made by an inspector under this Act or the regulations may,
within seven days of the making thereof, appeal to the
Minister.
(2) An appeal to the Minister may be made in
writing or orally or by telephone, but the Minister may
require the grounds for appeal to be specified in writing
before the appeal is heard.
(3) The appellant, the inspector from whom the

appeal is taken and such other persons as the Minister may
specify shall be parties to an appeal under this section.
(4) The Minister may, having regard to the

circumstances, determine the appeal or direct that an appeal
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be determined on his behalf, by the Commissioner.
(5) The Minister or, where the Commissioner has

been directed under subsection (4), the Commissioner so
directed, may, notwithstanding section 21(2), give such
directions and issue such orders as he considers proper or
necessary concerning the procedures to be adopted or
followed.
(6) On an appeal under this section, the Minister

or, where the Commissioner has been directed under
subsection (4), the Commissioner so directed, may substitute
his findings for those of the inspector who made the order
appealed from and may rescind or affirm the order or make a
new order in substitution therefor, and for such purpose has
all the powers of an inspector and the order of the Minister or
the Commissioner as the case may be shall stand in the place
of and have the like effect under this Act and the regulations
as the order of the inspector.
(7) In this section, an order of an inspector under

this Act or the regulations includes any order or decision
made or given or the imposition of any term or condition
therein by an inspector under the authority of this Act or the
regulations or the refusal to make an order or decision by an
inspector.
(8) A decision of the Minister or the Commissioner,

as the case may be, under this section is final.
(9) On an appeal under this section, the Minister

or, where the Commissioner has been directed under
subsection (4), the Commissioner so directed, may suspend
the operation of the order appealed from pending the
disposition of the appeal.
Obstruction of 35. (1) No person shall hinder, obstruct, molest or

inspector. interfere with or attempt to hinder, obstruct, molest or
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interfere with an inspector in the exercise of a power or the

performance of a duty under this Act or the regulations.
(2) Every person shall furnish all necessary means

in the person’s power to facilitate any entry, inspection,
examination, testing or inquiry by an inspector in the exercise
of his powers or performance of his duties under this Act or
the regulations.
(3) No person shall knowingly furnish an inspector

with false information or neglect or refuse to furnish
information required by an inspector in the exercise of his
duties under this Act or the regulations.
(4) No person shall interfere with any monitoring

equipment or device in a workplace.
(5) No person shall knowingly—
(a) hinder or interfere with a committee,

a committee member or a safety, and
health representative in the exercise of
a power or performance of a duty
under this Act;
(b) furnish a committee, a committee

member or a safety and health
representative with false information
in the exercise of a power or
performance of a duty under this Act;
(c) hinder or interfere with a worker

selected by a trade union or trade
unions or a worker selected by the
workers to represent them in the
exercise of a power or performance of
a duty under this Act.
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Information 36. (1) Except for the purposes of this Act and the
confidential.
regulations or as required by law—
(a) an inspector, a person accompanying

an inspector or person who, at the
request of an inspector, makes an
examination, test or inquiry, shall not
publish, disclose or communicate to
any person any information, material
statement, report or result of any
examination, test or inquiry acquired,
furnished, obtained, made or received
under the powers conferred under
this Act or the regulations;
(b) no person shall publish, disclose or

communicate to any person any secret
manufacturing process or trade secret
acquired, furnished, obtained, made
or received under the provisions of
this Act or the regulations;
(c) no person to whom information is

communicated under this Act and the
regulations shall divulge the name of
the informant to any person; and
(d) no person shall disclose any

information obtained in any medical
examination, test or X-ray of a worker
made or taken under this Act except
in a form calculated to prevent the
information from being identified
with a particular person or case.
(2) No employer shall seek to gain access, except

by an order of court or other tribunal or in order to comply
with another Act or in order to employ or continue to employ
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a worker in a food manufacturing establishment, to a health

record concerning a worker without the worker’s written
consent.
(3) An inspector or a person who, at the request of

an inspector, accompanies an inspector, or a person who
makes an examination, test, inquiry or takes samples at the
request of an inspector, is not a compellable witness in a civil
suit or any proceeding, except an inquest under section 71 of
this Act, respecting any information, material, statement or
test acquired, furnished, obtained, made or received under
this Act or the regulations.
(4) The Authority may communicate or allow to be

communicated or disclosed information, material, statements
or the result of a test acquired, furnished, obtained, made or
received under this Act or the regulations.
(5) Subsection (1) shall not apply so as to prevent

any person from providing any information in the possession
of the person, including confidential business information, in
a medical emergency for the purpose of diagnosis or
treatment.
Copies of 37. The Authority may, upon receipt of a request in

reports. writing from the owner of an industrial establishment who
his entered in an agreement to sell the same and upon
payment of the fee or fees prescribed, furnish to the owner or
a person designated by the owner copies of reports or orders
of an inspector made under this Act in respect of the
workplace as to its compliance with subsection 52(1).
Immunity. 38. No action or other proceeding for damages or

prohibition shall be instituted respecting any act done in good
faith in the execution or intended execution of a person’s
duties under this Act or in the exercise or intended exercise of
a person’s powers under this Act or for any alleged neglect or
default in the execution or performance in good faith of the
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person’s duties or powers if the person is—
(a) an inspector, a medical inspector, a

technical examiner or an advisory for
the Authority.
(b) a safety and health representative or a

committee member;
(c) a worker selected by a trade union or

trade unions or by workers to
represent them; or
(d) the Commissioner.
(d) Expenses of Administration
Levy to defray 39. (1) The Minister may fix an amount that shall be
expenses.
levied by the National Insurance Board established under the
c. 36:01
National Insurance and Social Security Act against employers
of workers in industrial establishments, to defray the
expenses of the administration of this Act and such amount
not exceed an amount prescribed by the Minister for the fiscal
year in which this Act comes into force and shall be subject to
an increase in each subsequent fiscal year by a sum not
exceeding ten per cent of the amount fixed for the preceding
fiscal year.
(2) The National Insurance Board shall add to the

assessment and levies made under the National Insurance
and Social Security Act upon employers under that Act a sum
calculated as a percentage of the assessments and levies and
which percentage shall be determined as the proportion that
the amount fixed under subsection (1) bears to the total sum
that the National Insurance Board fixes and determines to be
assessed for payment by such employers and the National
c. 36:01 Insurance and Social Security Act shall apply to such sum and
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to the collection and payment thereof in the same manner as it

applies to an assessment and levy made under that Act.
(3) The National Insurance Board shall collect the

assessment and levy imposed under this section and shall pay
the amounts so collected to the Authority.
(4) Regulations made under section 75(2) (c) (h)

shall prescribe the provisions for giving effect to this section.
PART IV
SAFETY AND HEALTH
Safety of 40. (1) Where it appears to the Authority that any

buildings, building or part of a building, or any part of the ways,
ways,
machinery or plant, in an industrial establishment is in such a
machinery and
plant. condition as to be likely to cause risk of bodily injury to, or to
endanger the safety of, persons employed in connection with
the industrial establishment or any class of such persons—
(a) the Authority may serve on the

occupier of the industrial
establishment a notice in writing
requiring him, before a date to be
specified in the notice—
(i) to furnish such drawings,

specifications and other
particulars as may be necessary
to determine whether such
building or part of the building,
or such part of the ways,
machinery or plant as aforesaid
can be used without risk of
bodily injury or danger to
safety as aforesaid;
(ii) to carry out such tests as may
be necessary to determine the
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strength or quality of any

specified parts of the building,
ways, machinery or plant as
aforesaid, and to inform the
Authority of the results of such
tests; or
(b) the Authority may serve the occupier

of the industrial establishment a
notice in writing specifying the
measures which should be adopted to
remove the risk of bodily injury, and
the danger to safety as aforesaid, and
requiring such measures to be carried
out before a date to be specified in the
notice.
(2) Where it appears to the Authority that the use

of any building or part of a building, or any part of the ways,
machinery or plant, in an industrial establishment involves
imminent risk of bodily injury to, or imminent danger to the
safety of, persons employed in connection with the
industrial establishment or any class of such persons, the
Authority may serve on the occupier of the industrial
establishment a notice in writing prohibiting such use as
aforesaid until the building or part of the building, or part of
the ways, machinery or plant, as the case may be, has been
repaired or altered in such a manner to remove such
imminent risk, such imminent danger, as aforesaid.
Prohibition of 41. (1) No child shall be employed in any factory or in

employment of the business of a factory outside the factory, or in any
children in business trade or process ancillary to the business of the
factories.
[22 of 2009]
factory.
(2) Where it appears to the Authority that the

presence in any factory or part of the factory, of children who
cannot lawfully be employed therein may be dangerous to
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them or injurious to their health, the Authority may serve on

the occupier of the factory a notice in writing requiring him to
prohibit and to prevent the admission of such children to the
factory, or part of the factory, as the case may be.
(3) Nothing in this section affects or limits section

c. 99:01 3(1) of the Employment of Young Persons and Children Act.
Construction 42. (1) In the case of any machine in an industrial

and sale of new establishment being a machine intended to be driven by
machinery.
mechanical power—
(a) every set-screw, bolt or key on any

revolving shaft, spindle, wheel or
pinion shall be so sunk, encased or
otherwise effectively guarded by
situation and design as to prevent
danger;
(b) all spur and other toothed or friction

gearing which does not require
frequent adjustment while in motion,
shall be completely encased unless it
is so situated, or is of such design, as
to be as safe as it would be if
completely encased.
(2) Any person who sells, or lets on hire, or as

agent of the seller or hirer causes or procures to be sold or let
on hire for use in an industrial establishment in Guyana any
machine intended to be driven by mechanical power which
does not comply with the requirements of this section shall be
guilty of an offence.
(3) The Minister may make regulations extending

subsection (2) to machinery or plant which does not comply
with such requirements of this Act as may be specified in the
regulations, and any regulations made under this subsection
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may relate to machinery or plant in a specified process.
(4) Nothing in this section shall be construed as

applying to any machine imported into, or constructed in,
Guyana before the commencement of this Act and regulations
made under this section shall not apply to any machinery or
plant imported into, or constructed in, Guyana before the
coming into force of such regulations.
Provisions as to 43. (1) In every part of an industrial establishment in

sanitary or
which workers are employed—
other
arrangements.
(a) suitable and sufficient means of
ventilation shall be provided and
maintained.
(b) suitable and sufficient means of

lighting shall be provided and every
such part of an industrial
establishment shall be kept suitably
and sufficiently lighted.
(2) In every industrial establishment there shall be

provided and maintained at suitable points conveniently
accessible to all workers an adequate supply of wholesome
potable water, and vessels containing the water shall be
clearly marked with the words “Drinking Water”.
(3) Where workers take any meals in the industrial

establishment, there shall be provided and maintained
suitable and sufficient facilities for the taking of those meals.
(4) In every industrial establishment there shall be

provided and maintained for the use of the industrial
establishment suitable and sufficient accommodation for
clothing not worn during working hours with separate
accommodation where male and female workers are
employed.
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(5) In every industrial establishment, not being an

industrial establishment exempted from the provisions of this
subsection, there shall be provided and maintained for the
use of the workers suitable and sufficient sanitary
convenience and suitable and sufficient washing facilities.
(6) An industrial establishment shall be exempted

from the provisions of subsection (5) if there is in force a
certificate granted by the appropriate authority exempting
that industrial establishment therefrom, and any such
certificate shall remain in force until it is withdrawn by the
Authority, but no such certificate shall be granted with
respect to any industrial establishment unless the authority is
satisfied that by reason of restricted accommodation or other
special circumstances affecting the industrial establishment it
is reasonable that such a certificate should be in force with
respect thereto, and that suitable and sufficient sanitary
conveniences or washing facilities as the case may be, are
otherwise conveniently available, and, subject as hereinafter
provided, a certificate in force with respect to any industrial
establishment shall be withdrawn if the Authority at any time
ceases to be so satisfied as aforesaid:
Provided that, if the occupier of an industrial

establishment is aggrieved by the withdrawal of such a
certificate, he may appeal to the magistrate’s court for the
district in which the industrial establishment is situated and
that court may make such order concerning the certificate as
appears to the court, having regard to the matters aforesaid,
to be just and equitable.
(7) If it appears to the appropriate authority that

there has been, in the case of any industrial establishment a
contravention of any of the provisions of this section, the
Authority shall, by notice served on the occupier of the
industrial establishment, require him to take, within such
time as may be limited by the notice such action as may be
specified in the notice for the purpose of securing compliance
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with the said provision, and, if any person served with such a
notice fails to comply with the requirements thereof he shall
be liable on summary conviction to a fine of seven thousand,
five hundred dollars or in the case of a second or subsequent
conviction in respect of the same requirement to a fine of
twelve thousand, five hundred dollars or seven hundred and
fifty dollars for every day since the first conviction in respect
of that requirement, whichever is the greater:
Provided that it shall be a defence to any proceeding

under this subsection to prove that there was no
contravention of this section or that the requirements of any
such notice as aforesaid were, within a reasonable time after
service of the notice, complied with in so far as they were
necessary to secure compliance with this section.
(8) In this section—
“suitable and sufficient” means suitable and sufficient in the

opinion of the appropriate authority, having regard to
the circumstances and conditions affecting an industrial
establishment or any part of an industrial establishment
and
“appropriate authority” means the authority whose duty it is

to enforce this section.
Apportionment 44. If any occupier of an industrial establishment who

of expenses. has incurred or is about to incur any expense for the purpose
of securing that the requirements of the last foregoing section
are complied with respect to the industrial establishment,
alleges that the whole or any part of the expense ought to be
borne by any other person having an interest in the premises,
he may apply to the magistrate’s court for the district in
which the industrial establishment is situated and that court
may make such order concerning the expense’ or its
apportionment as appears to the court, having regard to all
the circumstances of the case, including the terms of any
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contract between the parties, to be just and equitable, and any

order made under this section may direct that any such
contract as aforesaid shall cease to have effect in so far as it is
inconsistent with the terms of the order.
PART V
DUTIES OF EMPLOYERS, WORKERS AND OTHER PERSONS
Duties of 45. (1) An employer at a construction site shall ensure

employer at that—
construction
site.
(a) the measures and procedures
prescribed by this Act and the
regulations are carried out on the
construction site;
(b) he and every worker performing

work on the construction site
complies with this Act and the
regulations;
(c) the safety and health of workers on

the construction site is protected
(2) Where so prescribed, an employer at a

construction site shall, before commencing any work on a
construction site, give to the Authority notice in writing of the
construction work containing such information as may be
prescribed.
Duties of 46. (1) An employer shall ensure that—

employer
generally.
[22 of 2009]
(a) the equipment materials and
protective devices and clothing as
prescribed are provided;
(b) the equipment, material and

protective devices and clothing
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provided by the employer are suitable

and adequate and maintained in good
condition;
(c) the measures and procedures

prescribed are carried out in the
workplace;
(d) the equipment, materials and

protective devices and clothing
provided by the employer are used as
prescribed;
(e) a floor, roof, wall, pillar, support or

other part of a workplace is capable of
supporting all loads to which it may
be subjected without causing the
materials therein to be stressed
beyond the allowable unit stresses
established under any Act; and
(f) without prejudice to the provisions of

any Act that governs environmental
protection and pollution control in
Guyana, work in a workplace is
carried out without causing a
discharge of noxious, hazardous, or
polluting matter into air, water, or soil
so far as is reasonably practicable or
except under and in accordance with
any license for the purpose granted
under the authority of any Act.
(2) Without limiting the strict duty imposed by

subsection (l), an employer shall—
(a) provide information, instruction and

supervision to a worker to protect the
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safety and health of the worker;
(b) in a medical emergency for the

purpose of diagnosis or treatment
provide, upon request, information in
the possession of the employer
including confidential business
information, to a legally qualified
medical practitioner and to such other
persons as may be prescribed;
(c) when appointing a supervisor,

appoint a competent person;
(d) acquaint a worker or a person in

authority over a worker of any hazard
in the work and in the handling,
storage, use, disposal and transport of
any article, device, equipment,
agent.
(e) afford assistance and co-operation to

a committee and a safety and health
representative in the carrying out by
the committee and the safety and
health representative of any of their
functions;
(f) & (g) [Repealed by 22 of 2009];
(h) take every precaution reasonable in

the circumstances for the protection
of a worker;
(i) post, in the workplace, a copy of this

Act and any explanatory material
prepared by the Authority outlining
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the rights, responsibilities and duties

of workers;
(j) prepare and review at least annually,

a written occupational safety and
health policy in consultation with the
committee or safety and health
representative, if any, or a worker
selected by the workers to represent
them and develop and maintain a
programme to implement that policy;
(k) post at a conspicuous location in the

workplace a copy of the occupational
safety and health policy;
(l) provide to the committee or to a

safety and health representative the
results of any report respecting
occupational safety and health that is
in the employer’s possession and, if
that report is in writing, a copy of the
portions of the report that concern
occupational safety and health;
(m) advise workers of the results of any

report referred to in paragraph (l)
and, if the report is in writing, make
available to them on request copies of
the portions of the report that concern
occupational safety and health;
(n) after being notified by a female

worker that she is pregnant, adapt the
working conditions of such worker or
ensure that she is not involved in the
use of or exposure to chemicals or
substances or terms or conditions of
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work, which are hazardous to her

health and the health of the unborn
child; where alternative work not
involving the use or exposure or
terms or conditions as aforesaid is
available such work shall be assigned
to such worker during pregnancy
with the right of such worker to
return to her previous work after the
birth of her child;
(o) provide and maintain a safe, sound,

healthy and secure working
environment as far as is reasonably
practicable;
(p) ensure that the work-place,

machinery, equipment and processes
under his control are safe and without
risk to safety and health as far as is
reasonably practicable; and
(q) ensure that, as far as is reasonably

practicable, the chemicals, physical
agents and biological agents shall
under his control are without risk to
safety and health when the
appropriate measures of protection
are taken.
(3) For the purposes of subsection (2)(c), an

employer may appoint himself as a supervisor where the
employer is a competent person.
(4) Subsection (2) (j) does not apply with respect to

a workplace at which five or fewer workers are employed.
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Additional 47. (1) In addition to the duties imposed by section 46,

duties of
an employer shall—
employers.
(a) establish an occupational health

service for workers as prescribed;
(b) where an occupational health service

is established as prescribed, maintain
the same according to the standards
prescribed;
(c) keep and maintain accurate records of

the handling storage, use and disposal
of chemicals, physical agents or
biological agents as prescribed;
(d) accurately keep and maintain and

make available to the worker affected
such records of the exposure of a
worker to chemicals, physical agents
or biological agents as may be
prescribed;
(e) notify the Authority of the use or

introduction into a workplace of such
chemicals, physical agents or
biological agents as may be
prescribed;
(f) monitor at such time or times or at

such interval or intervals the levels of
chemicals, physical agents or
biological agents in a workplace and
keep and post accurate records
thereof as prescribed;
(g) comply with any standard limiting

the exposure of a worker to chemicals,
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physical agents or biological agents as

prescribed;
(h) establish a medical surveillance

program for the benefit of workers as
prescribed;
(i) provide for safety-related medical

examinations and tests for workers as
prescribed;
(j) where so prescribed, only permit a

worker to work or be in a workplace
who has undergone such medical
examinations, tests or X-rays as
prescribed and who is found to be
physically fit to do the work in the
workplace;
(k) where so prescribed, provide a

worker with written instructions as to
the measures and procedures to be
taken for the protection of the worker;
(l) carry out such training programmes

for workers, supervisors and
committee members as may be
prescribed;
(m) adopt provisions to protect the

privacy of workers and ensure that
health surveillance is not used for
discriminatory purposes or in any
manner prejudicial to their interests,
where a prescribed occupational
health service is established under
subsection (1)(a), prescribed safety-
related medical examinations and
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tests are provided under subsection

(1)(i), and only workers who have
undergone prescribed medical
examinations and tests are permitted
to work under subsection (1) (j); and
(n) keep, maintain, and make available to

workers in the workplace, in a
location that is readily accessible, a
medicine chest with contents as
prescribed, and shall ensure that first
aid, including trained personnel, is
available at the workplace.
(2) For the purposes of subsection (1) (a), a group

of employers, with the approval of the Authority, may act as
an employer.
(3) If a worker participates in a prescribed medical

surveillance programme or undergoes prescribed medical
examinations or tests, his or her employer shall pay—
(a) the worker’s costs for medical

examinations or tests required by the
medical surveillance programme or
required by regulation;
(b) the worker’s reasonable travel costs

respecting the examinations or tests;
and
(c) the time the worker spends to

undergo the examinations or tests,
including travel time, which shall be
deemed to be work time for which the
worker shall be paid at his premium
rate as may be proper.
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(4) In addition to providing information and

instruction to a worker as required by section 46(2) (a), an
employer shall provide—
(a) to every worker, training on the safe

and healthy manner of carrying out
his work; and
(b) subject to subsection (6), to every

committee member who represents
workers, if any, or a safety and health
representative, if any, training on this
Act and the regulations that apply to
the work.
(5) In relation to the training that a worker, a

committee member who represents workers, if any, or a
safety and health representative, if any, receives under
subsection (4), his employer shall pay for the worker’s
committee member’s or representative’s—
(a) costs for the training;
(b) reasonable travel to the location

where the training is provided; and
(c) time spent to undergo the training

which shall be deemed to be work
time which the worker, committee
member or representative shall be
paid at his or her premium rate as
may be proper.
(6) If a trade union exists at the workplace, the

employer shall involve the trade union in the provision of the
training required by subsection (4)(b).
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Duties of 48. (1) A supervisor shall ensure that a worker—

Supervisors.
(a) works in the manner and with the

protective devices and clothing,
measures and procedures required by
this Act and the regulations; and
(b) uses or wears the equipment,

protective devices and clothing that
the worker’s employer requires to be
used or worn.
(2) Without limiting the duty imposed by

subsection (1), a supervisor shall—
(a) advise a worker of the existence of

any potential or actual danger to the
safety or health of the worker of
which the supervisor is aware;
(b) where so prescribed, provide a

worker with written instructions as to
the measures and procedures to be
taken for protection of the worker;
and
(c) take every precaution reasonable in

the circumstances for the protection of
a worker.
Duties of 49. (1) A worker shall—

workers.
(a) work in compliance with the
provisions of this Act and the
regulations;
(b) use or wear the equipment, protective

devices and clothing that the worker’s
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employer requires to be used or worn;
(c) report to his or her employer or

supervisor the absence of or defect in
any equipment or, protective device
and clothing of which the worker is
aware and which may endanger
himself, or another worker;
(d) report to his or employer or

supervisor any contravention of this
Act or the regulations or the existence
of any hazard of which he or she
knows; and
(e) take care of the personal protective

equipment, devices and clothing the
worker’s employer provides.
(2) No worker shall—
(a) remove or make ineffective any

protective device required by his or
her employer, without providing an
adequate temporary protective device
and when the need for removing or
making ineffective the protective
device has ceased, the protective
device shall be replaced immediately;
(b) use or operate any equipment,

machine, device or article or work in a
manner that may endanger himself, or
any other worker; or
(c) engage in any prank, contest, feat of

strength, unnecessary running or
rough and boisterous conduct.
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(3) A worker is not required to participate in a

prescribed medical surveillance programme unless the
worker consents to do so.
(4) No worker shall be required to use equipment

or machinery without any protective device required by the
regulations or by his or her employer being in position.
Duties of 50. (1) Except as otherwise expressly provided, it shall

occupiers
be the duty of every occupier of an industrial establishment to
generally.
ensure that Part IV and such other provisions of this Act or
such regulations as impose duties on him, arc complied with.
(2) An occupier shall, upon the direction of the

Authority, prepare, or revise a written statement of his
general policy with respect to the safety and health of persons
employed in the industrial establishment, specifying the
organisation and arrangements for the time being in force for
carrying out that policy and the provisions specified in
subsection (1), and the occupier shall submit the statement
and any revision thereof to the Authority and bring them to
the notice of all persons employed in the industrial
establishment.
(3) The Authority may, having regard to the

statement submitted under subsection (2), direct the occupier
to appoint at his own expense, a safety officer who shall be
responsible for ensuring that the policy and the provisions
specified in subsection (1) are complied with.
Duties of 51. (1) The occupier of every industrial establishment

occupier to
shall be under a duty to take steps to protect the safety and
protect safety
and health of health of the public in the vicinity of his industrial
public. establishment from dangers created by the operation or
processes carried on therein, and shall take special care to
ensure that plant and equipment used therein are of such
integrity and that such adequate safety systems exist as to
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prevent the occurrence of hazardous emissions.
(2)Where the Authority is of the view that the steps

taken under subsection (1) are inadequate, it may issue
directions in writing to the occupier specifying the measure to
be taken in an industrial establishment or in its vicinity to
prevent injury to the public and the period within which
those measures are to be taken.
(3) Directions under subsection (2) may include a

requirement —
(a) to obtain and implement advice from

specialists or expert consultants;
(b) to implement measures to abate

nuisances arising from the operations
carried on in industrial
establishments; or
(c) to implement measures to prevent the

occurrence of hazardous emissions.
(4) An occupier who fails to comply with
directions issued under subsection (2) commits an offence.
Duties of 52. (1) The owner of an industrial establishment that

owners. is not a construction site shall –
(a) ensure that—
(i) such health and safety facilities

as are prescribed are provided;
(ii) any such facilities prescribed to
be provided are maintained as
prescribed;
(iii) the industrial establishment
complies with the regulations;
and
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(iv) no industrial establishment is

constructed, developed,
reconstructed, altered or added
to except in compliance with
this Act and the regulations;
and
(b) furnish to the Authority such

drawings, plans or specifications of
any industrial establishment on such
scale and showing such matters or
things as may be prescribed.
(2) An owner or employer shall—
(a) not begin any construction,

development, reconstruction,
alteration, addition or installation to
or in an industrial establishment until
the drawings, layout and
specifications as are referred to in
subsection (1)(b) and any alterations
thereto have been filed with the
Authority for review by a technical
examiner of the Authority for
compliance with this Act and the
regulations; and
(b) keep a copy of the drawings as

reviewed in a convenient location at
or near the industrial establishment
and such drawings shall be produced
by the owner or employer upon the
request of an inspector for his or her
examination and inspection.
(3) A technical examiner may require the

drawings, layout and specifications to be supplemented by
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the owner or employer with additional information.
(4) Fees as prescribed for the filing and review of

drawings, layout or specifications shall become due and
payable by the owner or employer upon filing.
Duty of owners 53. (1) Before beginning construction work, the owner
of construction shall determine whether any critical substances are present at
sites.
the construction site and shall prepare a list of all critical
substances that are present at the site.
(2) If any work on a construction site is tendered,

the person issuing the tenders shall include, as part of the
tendering information, a copy of the list referred to in
subsection (l).
(3) An owner shall ensure that a prospective

employer at a construction site on the owner’s property has
received a copy of the list referred to in subsection (1) before
entering into a binding contract with the employer.
(4) The employer at a construction site shall ensure

that each prospective contractor and subcontractor for the
construction work has received a copy of the referred to in
subsection (1) before the prospective contractor or
subcontractor enters into a binding contract for the supply of
work on the construction site.
(5) An owner who fails to comply with this section

is liable to employer at a construction site and every
contractor and subcontractor who suffers any loss or damages
as the result of the subsequent discovery on the construction
site of a critical substance that the owner ought reasonably to
have known of but that was not on the list prepared under
subsection (1).
(6) An employer at a construction site who fails to

comply with this section is liable to every contractor and
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subcontractor who suffers any loss or damages as the result of

the subsequent discovery on the construction site of a critical
substance that was not on the list prepared under subsection
(1).
Duties of 54. (1) Every person who supplies any machine,

supplier. device, tool or equipment under any rental, leasing or similar
arrangement for use in or about a workplace shall ensure—
(a) that the machine, device, tool or

equipment is in good condition;
(b) that the machine, device, tool or

equipment complies with this Act and
the regulations; and
(c) if it is the person’s responsibility

under the rental, leasing or similar
arrangement to do so, that the
machine, device, tool or equipment is
maintained in good condition.
(2) An architect and an engineer contravenes this

Act if, as a result of his certification required under this Act or
any other Act that is made negligently or incompetently, a
worker is endangered.
Duties of 55. Every director, manager, secretary or other officer

directors and of a body corporate shall take all reasonable care to ensure
officers of a
that the body corporate complies with—
body corporate.
(a) this Act and the regulations;
(b) orders and requirements of an

inspector, a medical inspector, a
technical examiner the Commissioner
and the Authority; and
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(c) orders of the Minister.
Refusal to 56. (1) A worker may refuse to work or do particular

work.
work where he has reasonable justification to believe that –
(a) any equipment, machine, device or

article the worker is to use or operate
presents an imminent and serious
danger to the life or health of himself,
or another worker; or
(b) the physical condition of the

workplace or the part thereof in
which he works or is to work presents
an imminent and serious danger to
his life or health.
(2) The provisions in this section shall not apply to

a worker—
(a) who belongs to any of the categories
of persons specified for such purpose
in an order of the Minister; and
(b) when that worker’s refusal to work
would directly endanger the life,
safety or health of another person.
(3) The categories of persons to which subsection

(2)(a) refers may be—
(a) a person employed in, or a member of

the police force or the fire service;
(b) a person employed in the operation of

a correctional institution or facility;
(c) a person employed in the operation

of—
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(i) a hospital, sanatorium, nursing

home, home for the aged,
psychiatric institution, mental
health or mental retardation
centre or a rehabilitation
facility;
(ii) an ambulance service or a first
aid clinic or station;
(iii) a laundry, food service, power
plant or technical service or
facility used in conjunction
with an institution, facility or
service described in paragraph
(c) (i) and (ii);
(d) a person who is employed in any of

the services mentioned in the
Schedule to the Public Utility
Undertakings and Public Health
c. 54:01 Services Arbitration Act, but who is
not specified in subsection (3)(a) to
(c) inclusive.
(4) Upon refusing to work or do particular work,

the worker shall forthwith report the circumstances of the
refusal to the worker’s employer or supervisor who shall
forthwith investigate the report in the presence of the worker
and, if there is such, in the presence of one of—
(a) a committee member who represents

workers, if any;
(b) a safety and health representative, if

any; or
(c) a worker who because of knowledge,

experience and training is selected by
a trade union that represents the
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worker, or if there is no trade union, is

selected by the workers to represent
them,
who shall be made available and who shall attend without

delay.
(5) Until the investigation is completed, the worker

shall remain in a safe place near his or her work station.
(6) The worker who refuses to work under

subsection (1) shall be deemed to be at work and the worker’s
employer shall pay him at the regular or premium rate, as
may be proper, for the time extending from the time when the
worker started to refuse to work under subsection (1) to the
time when the investigation mentioned in subsection (5) is
completed.
(7) Where, following the investigation or any

remedial action taken by the employer or supervisor to deal
with the circumstances that caused the worker to refuse to
work or do particular work, the worker has reasonable
justification to believe that—
(a) the equipment, machine, device or

article that was the cause of the
refusal to work or do particular work
continues to present an imminent and
serious danger to the life or health of
himself or another worker; or
(b) the physical condition of the

workplace or the part thereof in
which he worked continues to present
an imminent and serious danger to
the life or health of himself,
the worker may refuse to work or do the particular work and
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the employer or the worker or a person on behalf of the

employer or worker shall cause an inspector to be notified
thereof.
(8) An inspector shall investigate the refusal to

work in the presence of the employer or a person representing
the employer, the worker, and the person mentioned in
subsection (4) (a), (b) or (c); if any
(9) The inspector shall, following the investigation

referred to subsection (8), decide whether the machine,
device, article or the workplace or part thereof presents an
imminent and serious danger to the life or health of the
worker or another person.
(10) The inspector shall within two working days

of notification to him under subsection (7), give his decision,
in writing, to the employer, the worker, and the person
mentioned in subsection (4) (a), (b) or (c), if any.
(11) Pending the investigation and decision of the

inspector, employer, subject to the provisions of a collective
agreement, if any shall—
(a) assign the worker reasonable

alternative work during such hours;
or
(b) subject to section 58, where an

assignment of reasonable alternative
work is not practicable, give other
directions to the worker.
(12) Pending the investigation and decision of the

inspector, no worker shall be assigned to use or operate the
equipment, machine, device or article or to work in the
workplace or in the part of the workplace being investigated
as long as there is continuing imminent and serious danger to
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the life or health of any worker or person and until after the
employer or supervisor has taken remedial action, if
necessary, to deal with the circumstances that caused the
worker to refuse to do particular work.
(13) The worker who refuses to work under

subsection (7) shall be deemed to be at work and the worker’s
may be proper, for the time extending from the time when the
worker started to refuse to work under subsection (7) to the
time when the inspector has given a decision under
subsection (9) provided that the inspector decides that the
machine, device, article or workplace or part thereof presents
in imminent and serious danger to the life or health of the
worker or another person.
(14) A person mentioned in subsection (4) (a), (b)

or (c), shall be deemed to be at work and the person’s
may be proper for the time spent by the person carrying out
the duties under subsections (4) and (8).
Complaint 57. (1) An employer, a worker at the workplace or a

regarding
representative of a trade union that represents workers at
refusal to work.
the workplace may file a complaint with the Authority if he
has reasonable grounds to believe that the worker, trade
union or employer at the workplace acted recklessly or in a
bad faith with respect to the refusal to work under section 56.
(2) A complaint must be filed not later than seven

days after the event to which the complaint relates.
(3) Every complaint filed with the Authority shall

be referred to the Commissioner for determination.
(4) The Commissioner shall within two working

days of any reference to him under subsection (3), make a
decision respecting the complaint and may make such order
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as he considers appropriate in the circumstances.
No discipline, 58. (1) No employer or person acting on behalf of an

dismissal, etc., employer shall—
by employer.
(a) dismiss or threaten to dismiss a

worker;
(b) discipline or suspend or threaten to

discipline or suspend a worker;
(c) impose any penalty upon a worker; or
(d) intimidate or coerce a worker,
because the worker has acted in compliance with this Act or

the regulations or an order made thereunder, or has sought
the enforcement of this Act or the regulations or has
observed the procedures established by the employer or has
given evidence in a proceeding in respect of the enforcement
of this Act or the regulations or in an inquest under section
71.
(2) Where a worker complains that an employer or

person acting on behalf of an employer has contravened
subsection (1), the worker may either have the matter dealt
with by final and binding settlement, by arbitration under a
collective agreement, if any, or file a complaint with the
Authority, where a complaint is filed with the Authority, the
Authority shall direct that the complaint be determined on its
behalf by the Commissioner.
(3) The Commissioner directed under subsection

(2) shall inquire into any complaint filed under subsection (2).
(4) On an inquiry into a complaint filed under

subsection (2), the Commissioner shall, notwithstanding
section 21(2) give such directions and issue such orders as he
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considers proper or necessary concerning the procedures to

be adopted or followed.
(5) On an inquiry by the Commissioner into a

complaint filed under subsection (2), the burden of proof that
an employer or person acting on behalf of an employer did
not act contrary to subsection (1) lies upon the employer or
the person acting on behalf of the employer.
PART VI
HAZARDOUS CHEMICALS, PHYSICAL AGENTS AND
BIOLOGICAL AGENTS
Orders of 59. (1) Where a chemical, physical agent or biological

Authority.
agent or a combination of such chemical and agents is used or
intended to be used in the workplace and its presence in the
workplace or the manner of its use is in the opinion of the
Authority likely to endanger the health of a worker, the
Authority shall by notice in writing to the employer order
that the use, intended use, presence or manner of use be—
(a) prohibited;
(b) limited or restricted in such manner

as the Authority specifies; or
(c) subject to such conditions regarding

administrative control, work
practices, engineering control and
time limits for compliance as the
Authority specifies.
(2) Where the Authority makes an order to an

employer under subsection (1), the order shall—
(a) identify the chemical, physical agent

or biological agent, or a combination
of such a chemical and agents, and the
manner of use that is the subject
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matter of the order; and
(b) state the opinion of the Authority as

to the likelihood of the danger to the
health of a worker, and the
Authority’s reasons in respect thereof,
including the matters or causes which
give rise to the Authority’s opinion.
(3) The employer shall provide a copy of an order

made under subsection (1) to the committee, safety and health
representative and trade union, if any, and shall cause a copy
of the order to be posted in a conspicuous place in the
workplace where it is most likely to come to the attention of
the workers who may be affected by the use, presence or
intended use of the chemical, physical agent or biological
agent or a combination of such a chemical and agent.
(4) Where the employer, a worker or a trade union

considers that he or it is aggrieved by an order made under
subsection (1), the employer, worker or trade union may by
notice in writing given within seven days of the making of the
order, appeal to the Minister.
(5) On an appeal under subsection (4), the Minister

or, the Commissioner who has been directed under
subsection (6) to determine the appeal, may suspend the
operation of the order appealed from pending the disposition
of the appeal.
(6) The Minister may, having regard to the

circumstances determine the appeal within thirty days of
notice of such appeal or direct that the appeal be determined
on his behalf by the Commissioner within the said period.
(7) The Minister or, where the Commissioner has

been directed under subsection (6), the Commissioner so
directed, may notwithstanding section 21(2) give such
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directions and issue such orders as he considers proper or

necessary concerning the procedures to be adopted or
followed.
(8) On an appeal, the Minister or, where the

Commissioner has been directed under subsection (6), the
Commissioner so directed, may substitute his findings for
those of the Authority and may rescind or affirm the order
appealed from or make a new order in substitution therefor
and such order shall stand in the place of and have the like
effect under this Act and the regulations as the order of the
Authority, and such order shall be final and not subject to
appeal under this section.
(9) In making a decision or order under subsection

(1) or (8), the Authority, the Minister or, where the
Commissioner has been directed under subsection (6), the
Commissioner so directed shall consider as relevant factors—
(a) the relation of the chemical or agent,

combination of chemicals and agents
or by-product to a chemical or a
biological agent that is known to be a
danger to health;
(b) the quantities of the chemical or

agent, combination of chemicals and
agents or by-product used or
intended to be used or present;
(c) the extent of exposure;
(d) the availability of other processes,

chemicals and agents or equipment
for use or intended use;
(e) data regarding the effect of the

process or chemicals or agent on
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health; and
(f) any criteria or guide with respect to

the exposure of a worker to a
agent or a combination of such a
chemical and agents that are adopted
by a regulation.
(10) This section does not apply to critical

substances.
(11) The Authority is not required to hold or afford

to an employer or any other person an opportunity for a
hearing before making an order under subsection (1).
New chemicals 60. (1) Except for purposes of research and

or biological development, no person shall –
agents.
(a) manufacture;
(b) distribute; or
(c) supply,
for commercial or industrial use in a workplace any new

chemical or new biological agent unless the person first
submits to the Authority notice in writing; of the person’s
intention to manufacture, distribute or supply such a new
chemical or agent and the notice shall include the ingredients
of such a new chemical or agent and their common or generic
name or names and the composition and properties thereof
.
(2) Where in the opinion of the Authority, which
opinion shall be made promptly, the introduction of the new
chemical or new biological agent referred to in subsection (1)
may endanger the safety or health of the workers in a
workplace, the Authority shall require the manufacture,
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distributor or supplier, as the case may be, to provide, at the

expense of the manufacturer, distributor or supplier, a report
or assessment, made or to be made by a person possessing
such special, expert or professional knowledge or
qualifications as are specified by the Authority, of the new
chemical or agent intended to be manufactured, distributed
or supplied and the manner of use including the matters
referred to in section 13 (1)(r)(i) to (vii).
(3) For the purpose of this section, a chemical or

biological agent is not considered to be new if, before a person
manufactures, distributes or supplies the chemical or agent in
Guyana, it was used in a workplace other than the person’s
workplace’s in Guyana or it is included in an inventory
compiled or adopted by the Authority.
Hazardous 61. (1) An employer shall make or cause to be made

materials
and shall maintain an inventory of hazardous chemicals and
inventory.
all hazardous physical agents that are present in the
workplace.
(2) The inventory required by subsection (1)—
(a) shall contain such information as may

be prescribed, and in addition shall
include—
(i) toxic properties, including both

acute and chronic health effects
in all parts of the body;
(ii) chemical or physical
characteristics, including
flammable, explosive, oxidizing
and dangerously reactive
properties;
(iii) corrosive and irritant
properties;
(iv) allergenic and sensitizing
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effects;
(v) carcinogenic effects;
(vi) teratogenic and mutagenic
effects;
(vii) effects on the reproductive
system;
(b) shall be prepared in consultation with

the committee or safety and health
representative, if any, for the
workplace or with a worker selected
by the workers to represent them, if
there is no committee or safety and
health representative.
(3) Where an inventory required by subsection (1)

is amended during a year, the employer, not later than the 1st
day of February in the following year, shall prepare a revised
version of the inventory incorporating all changes made
during the preceding year.
(4) Where, under this Act or the regulations, an

employer is required to identify or obtain the identity of the
ingredients of a hazardous chemical, the employer shall not
be in contravention of this Act or the regulations if the
employer has made every effort reasonable in the
circumstances to identify or obtain the identity of the
ingredients, but has been unable to do so due to circumstance
beyond his control.
(5) An employer shall advise the Authority in

writing if, after making reasonable efforts, the employer is
unable to identify or obtain the identity of the ingredients of a
hazardous chemical as required by this Act or the regulations.
(6) Except as may be prescribed, subsection (1)

does not apply to an employer who undertakes to perform
work or supply services on a construction site in respect of
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chemicals to be used on the site.
(7) The employer shall keep readily accessible at

the workplace a floor plan, as prescribed, showing the names
of all hazardous chemicals and their locations, and shall post
a notice stating where the floor plan is kept in a place or
places where it is most likely to come to the attention of
workers.
Hazardous 62. (1) An employer—

chemical
identification
(a) shall ensure that all hazardous
and data
sheets. chemicals present in the workplace
are labelled in a way easily
understandable to the workers, or are
identified in the prescribed manner,
(b) shall obtain or prepare, as may be

prescribed, an unexpired chemical
safety data sheet for all hazardous
chemicals present in the workplace;
(c) shall ensure that the identification

required by paragraph (a) and
chemical safety data sheets required
by paragraph (b) are available in
English and such other languages as
may be prescribed;
(d) shall ensure that when hazardous

chemicals are transferred into other
containers or equipment, the contents
are indicated in a manner which will
make known to workers their
identity, any hazards associated with
their use, and any safety precautions
to be observed; and
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(e) shall ensure that information is

provided on the handling and
disposal of hazardous chemicals
which are no longer required and
containers which have been emptied
but which may contain residues of
hazardous chemicals, so that the risk
to safety and health and to the
environment is eliminated or
minimised.
(2) No person shall remove or deface the label or

identification described in subsection (1) (a) for a hazardous
chemical.
(3) An employer shall ensure that a hazardous

chemical is not used, handled or stored at a workplace unless
the prescribed requirements concerning identification,
chemical safety data sheets and worker instruction and
training are met.
(4) An employer shall advise the Authority in

writing if the employer, after making reasonable efforts, is
unable to obtain a label or chemical safety data sheet required
by subsection (1).
(5) A chemical safety data sheet expires three years

after the date of its publication.
Inventory and 63. (1) A copy of the most recent version of the
chemical safety inventory and of every unexpired chemical safety data sheet
data sheets to
required by this Part in respect of hazardous chemicals in a
be made
available. workplace shall be—
(a) made available by the employer in the
workplace in such a manner as to
allow examination by the workers;
(b) furnished by the employer to the
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workplace or to a worker selected by
the workers to represent them if there
is no committee or safety and health
representative;
(c) furnished by the employer on request,

if so prescribed, to the medical
inspector of the, district in which the
workplace is located;
(d) furnished by the employer on request,

if so prescribed, to the fire department
which serves the location in which the
workplace is located; and
(e) filed by the employer with the

Authority on request, if so prescribed.
(2) The Authority, at the request of any person,

shall request an employer to furnish a copy of the most recent
version of the inventory or of an unexpired chemical safety
data sheet, as the case may be.
(3) At the request of any person, the Authority

shall make available to the person for inspection a copy of any
inventory or chemical safety data sheet requested by the
person and in the possession of the Authority.
(4) The Authority shall not disclose the name of

any person who makes a request under subsection (2) or (3).
(5) In addition to the requirements imposed under

subsection (1), a copy of every chemical safety data sheet
required by subsection (1) shall be made available by the
employer in the workplace in such a manner that it is readily
accessible by all workers who may be exposed to the
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hazardous chemical to which it relates.
(6) An employer who makes a chemical safety data

sheet readily accessible on a computer terminal at a
workplace—
(a) shall take all reasonable steps

necessary to keep the terminal in
working order;
(b) shall give a worker upon request a

copy of the chemical safety data sheet;
and
(c) shall teach all workers who work with

or in proximity to hazardous
chemicals, the safety and health
representative, if any, at the
workplace and the members of the
committee how to receive the
chemical safety data sheet on the
computer terminal.
\
Assessment for 64. (1) Where so prescribed, an employer shall assess

hazardous all chemicals and biological agents produced in the workplace
chemical.
for use therein to determine if they are hazardous.
(2) The assessment required by subsection (1) shall

be in writing and a copy of it shall be—
(a) made available by the employer in the

workplace in such a manner as to
allow examination by the workers;

workplace or to a worker selected by
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the workers to represent them, if there

is no committee or safety and health
representative.
Hazardous 65. (1) A person who distributes or supplies, directly

physical or indirectly, or manufactures, produces or designs an article
agents.
for use in a workplace that causes, emits or produces a
hazardous physical agent when the article is in use or
operation shall ensure that such information as may be
prescribed is readily available respecting the hazardous
physical agent and the proper use or operation of the article.
(2) Where an employer has an article described in

subsection (1) in the workplace, the employer shall ensure
that the information referred to in that subsection has been
obtained and is—
(a) made available in the workplace for

workers who use or operate the article
or who are likely to be exposed to the
hazardous physical agent; and

workplace or a worker selected by the
workers to represent them, if there is
no committee or safety and health
representative.
(3) An employer to whom subsection (2) applies

shall post prominent notices identifying and warning of the
hazardous physical agent in the part of the workplace in
which the article is used or operated or is to be used or
operated.
(4) Notices required by subsection (3) shall contain

such information as may be prescribed and shall be in English
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and such other language or languages as may be prescribed.
Instruction and 66. (1) In addition to providing information and

training.
instruction to a worker as required by section 46(2)(a), an
employer shall ensure that a worker exposed or likely to be
exposed to a hazardous chemical or to a hazardous physical
agent receives, and that the worker participates in, such
instruction and training as may be prescribed.
(2) The instruction and training to be given under

subsection (1) shall be developed and implemented by the
employer in consultation with the committee or safety and
health representative, if any, for the workplace.
(3) An employer shall review, in consultation with

committee or safety and health representative, if any, for the
workplace, the training and instruction provided to a worker
and the worker’s familiarity therewith at least annually.
(4) The review described in subsection (3) shall be

held more frequently than annually, if—
(a) the employer, on the advice of the

workplace, determines that such
reviews are necessary; or
(b) there is a change in circumstances that
may affect the safety or health
worker.
Confidential 67. (1) An employer may file a claim with the Minister
business
information.
for an exemption from disclosing—
(a) information required under this Part
in an inventory, label or chemical
safety data sheet; or
(b) the name of a toxicological study used
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by the employer to prepare a chemical

safety data sheet,
on the grounds that it is confidential business information

and that disclosure of such information to a competitor would
be liable to cause harm to an employer’s business, so long as
the safety and health of workers are not compromised
thereby.
(2) An application under subsection (1) shall be

made only in respect of such types of confidential business
information as may be prescribed.
(3) Any worker of the employer or any union

representing the workers of the employer may file with the
Minister a rebuttal to the claim made by the employer under
subsection (1).
(4) The Minister shall make a determination or

direct the Commissioner to make a determination on his
behalf, on every claim made under subsection (1) and on
every rebuttal made under subsection (3).
(5) Information that an employer considers to be

confidential business information is exempt from disclosure
from the time a claim is filed under subsection (1) until the
claim is finally determined and for three years thereafter, if
the claim is found to be valid.
PART VII
NOTIFICATION OF ACCIDENTS AND OCCUPATIONAL
DISEASES
Interpretation. 68. In this Part—
“employer” includes anybody of persons corporate or

incorporate and the legal personal representative of a
deceased employer, and, where the services of a worker
are temporarily lent or let on hire to another person by
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the person with whom. the worker has entered into a

contract of service or apprenticeship, the latter shall, for
the purposes of this Act be deemed to continue to be the
employer of the worker whilst he is working for that
other person. In relation to a person plying for hire with
any vehicle or vessel the use of which is obtained by that
person under a contract of bailment (other that higher-
purchase agreement), the person from whom the use of
the vessel or vehicle is so obtained shall, for the purposes
of this Act, be deemed to be the employer; and in
relation to a person employed for the purpose of any gain
or recreation and engaged or paid through a club, the
manager or members of the managing committee of the
club, shall for the purposes of this Act, be deemed to be
the employer.
Notification of 69. (1) Where any accident arising out of and in the
accidents. course of the employment of any worker occurs and—
(a) causes loss of life to such worker; or
(b) disables such worker, for more than

one day, from earning full wages at
the work at which he was employed
at the time of such accident,
First Schedule.
written notice of the accident in the Form and accompanied
by the particulars set out in the First Schedule, shall forthwith
in the case of paragraph (a) and within four days in the case
of paragraph (b), be sent by the employer to the Authority
and the committee, safety and health representative or trade
union, if any.
(2) Where any accident causing disablement has

been notified under this section, and after such notification
the accident results in the death of the person disabled, notice
in writing of the death shall forthwith be sent by the
employer to the Authority and the committee, safety and
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health representative or trade union, if any, as soon as the fact

of the death comes to the knowledge of the employer.
(3) Where an accident causing disablement has

been notified under this section and the said disablement has
ceased, notice in writing of the date when the disablement
ceased shall be sent by the employer to the Authority and the
committee, safety and health representative or trade union if
any within two weeks from that date, in the Form and
accompanied by the particulars set out in the Second
Second
Schedule. Schedule.
(4) Any employer who fails to comply with the

requirements of subsection (1), (2) or (3) shall be liable on
summary conviction to a fine of not less than ten thousand
dollars nor more than fifty thousand dollars and to
imprisonment for three months.
(5) Where any accident to which this section

applies occurs to a worker whose services are for the time
being temporarily lent or let on hire to another person by the
employer, such other person shall, if he fails to report the
accident to the employer immediately, be guilty of an offence,
and the employer shall not be liable under the provisions of
subsection (4) unless it is established that he knew of the
accident.
(6) Where a person loses his life or is disabled

under subsection (1), no person shall, except for the purpose
of—
(a) saving life or relieving human

suffering;
(b) maintaining an essential public utility

service or a public transportation
system; or
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(c) preventing unnecessary damage to

equipment or other property,
interfere with, disturb, destroy, alter or carry away any

wreckage or article at the scene or connected with the
occurrence which gave rise to loss of life or disablement until
permission so to do has been given by an inspector.
(7) A register of all accidents to which this section

applies shall be kept by the employer in the form prescribed
by regulations made under this Act.
Notification of 70. (1) Every qualified medical practitioner attending

occupational
on or called in to visit a patient whom he believes to be
diseases and
other diseases. suffering from occupational disease contracted in the course
of his employment as a worker shall, unless such a notice has
been previously sent, forthwith sent, addressed to the
Authority a notice stating the name and full postal address of
the patient and the disease from which, in the opinion of
such medical practitioner, the patient is suffering and the
name and address of the place at which, and of the employer
by whom, he is or was last employed.
(2) If any qualified medical practitioner fails to

send any notice in accordance with the requirements of this
section, he shall be liable on summary conviction to a fine of
not less than ten thousand dollars nor more than thirty
thousand dollars.
(3) Any employer who believe or suspects, or has

reasonable grounds for believing or suspecting that a case of
occupational disease has occurred among the workers
employed by him, shall forthwith send written notice of such
case, in the form, and accompanied by the particulars set out
Third Schedule. in the Third Schedule, to the Authority and to the committee,
safety and health representative or trade union, if and to the
Local Sanitary Authority of, and, in the case of workers
employed in industrial establishments, to the medical
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inspector for the area within which the place of employment

of such workers is situated, and the provisions of this Act
with respect to the notification of accidents shall apply to any
such case in like manner as to any such accident as is
mentioned in these provisions.
(4) If an employer is advised by or on behalf of a

worker that a claim in respect of a “prescribed disease” as
defined in the Third Schedule of the National Insurance and
Social Security Act has been filed with the National Insurance
Board by or on behalf of the worker, the employer shall give
notice in writing within four days of being so advised, to the
Authority and to the committee, safety and health
representative or trade union, if any, containing such
information and particulars as are prescribed.
(5) The Minister may, as respects any class or

description of place where workers are employed, by
regulations made under this Act apply this section to any
disease, other than an occupational disease.
Inquest in case 71. (1) Where a coroner holds an inquest on the body
of death by of any person whose death may have been caused by an
accident or
occupational
accident or a disease of which notice is required by this Act
disease. to be given, the coroner shall adjourn the inquest unless the
Authority or some person authorised on behalf of the
Authority is present to watch the proceedings, and shall, at
least four days before holding the adjourned inquest, send to
the Authority notice in writing of the time and place of
holding the adjourned inquest:
Provided that—
(a) the coroner, before the adjournment,

may take evidence to identify the
body, and may order the interment
thereof; and
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(b) if the inquest relates to the death of

not more than one person and the
coroner has sent to the Authority
notice of the time and place of holding
the inquest at such time as to reach
the Authority not less than twenty-
four hours before the time of holding
the inquest, it shall not be imperative
on him to adjourn the inquest in
pursuance of this section if the
majority of the jury think it is
unnecessary so to adjourn.
(2) The following provisions shall have effect with

respect to any such inquest as aforesaid—
(a) no person having a personal interest

in or employed in or about or in the
management of the place of
employment in or about which the
accident or disease occurred or was
contracted shall be qualified to serve
on the jury empanelled on the
inquest; it shall be the duty of the
coroner or other officer not to
summon any person disqualified
under this provision, and it shall be
the duty of the coroner not to allow
any such person to be sworn or to sit
on the jury;
(b) the following persons shall, subject to

the power of the coroner to disallow
any question which in his opinion is
not relevant or is otherwise not a
proper question, be entitled to
examine any witness either in person
or by counsel, solicitor or agent that is
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to say—
(i) any inspector;

(ii) any relation of the person in
respect of whose death the
inquest is being held;
(iii) the occupier of the place of
employment in which the
accident or disease occurred or
was contracted;
(iv) the employer of the deceased;
(v) any person appointed by the
order in writing of the majority
of the persons employed in the
place of employment in which
the accident or disease occurred
or was contracted;
(vi) any person appointed in
writing by any trade union,
friendly society or other
association of persons to which
the deceased at the time of his
death belonged or to which any
person employed in the place
of employment in which the
accident or disease occurred or
was contracted belongs;
(vii) any association of employers of
which the said employer is a
member.
(3) Where at any such inquest at which the

Authority is not present evidence of any neglect as having
caused or contributed to the accident or disease, or of any
defect in or about the place of employment appearing to the
coroner to require a remedy, the coroner shall send to the
Authority notice in writing of the neglect or defect.
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(4) The provisions of this section shall be in

addition to and not in derogation of, the provisions of the
c 4:03
Coroners Act.
Power of 72. (1) The Minister may, where he considers it

Minister to expedient so to do, direct a formal investigation to be held
direct formal
into any accident arising out of and in the course of
investigation of
accidents and employment of any worker or case of occupational disease
cases of contracted or suspected to have been contracted in the course
occupational of employment of any worker and of its causes and
disease.
circumstances, and with respect to any such investigation the
following provisions shall have effect—
(a) the Minister may appoint a competent

person to hold the investigation and
may appoint any person possessing
legal or special knowledge to act as an
assessor in holding the investigation;
(b) the person or persons so appointed

(hereafter in this section referred to as
“the court”) shall hold the
investigation in open court in such
manner and under such conditions as
the court may think most effectual for
ascertaining the causes and
circumstances of the accident or case
of occupational disease, and for
enabling the court to make the report
in this section mentioned;
(c) the court shall have for the purposes

of the investigation all the powers of a
court of summary jurisdiction under
the Summary Jurisdiction Acts and, in
addition power—
(i) to enter and inspect or to
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authorise any person to inspect

any place or building the entry
or inspection whereof appears
to the court requisite for the
said purpose;
(ii) by summons signed by the
court to require the attendance
of all such persons as it thinks
fit to call before it and examine
for the said purposes, and to
require answers or returns to
such inquiry as it thinks fit to
make;
(iii) to require the production of all
books, papers, and documents
which it considers relevant;
(iv) to administer an oath and
require any person examined to
make and sign a declaration of
the truth of the statements
made by him in his
examination;
(d) persons attending as witnesses before

the court shall be allowed such
expenses as would be allowed to
witnesses attending before the High
Court in its civil jurisdiction, and in
the case of dispute as to the amount to
be allowed the same shall be referred
by the court to the Registrar of the
Supreme Court, who on request
signed by the court shall ascertain and
certify the proper amount of the
expenses;
(e) the court shall make a report to the

Minister stating the cause and
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circumstances of the accident or case

of occupational disease and adding
any observations which the court
thinks right to make;
(f) the court may require the expenses

incurred in and about an
investigation under this section
(including the remuneration of any
persons to act as assessors) to be paid
in whole or part by any person
summoned before it who appears to
the court to be, by reason of any act or
default of his part or on the part of
any servant or agent of him,
responsible in any degree for the
occurrence of the accident or case of
occupational disease, but any such
expenses not required to be so paid
shall be deemed to be part of the
expenses of the Authority in the
administration of this Part;
(g) if any person without reasonable

excuse (proof whereof shall lie on
him) either fails, after having had the
expenses (if any) to which he is
entitled tendered to him, to comply
with any summons or requisition of a
court holding an investigation under
this section, or prevents or impedes
the court in the execution of its duty,
he shall be liable on summary
conviction to a fine of five thousand
dollars and in the case of a failure to
comply with a requisition for making
any return or producing any
document he shall be liable on
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summary conviction to a fine of five

hundred dollars for every day on
which such failure continues;
(h) the expenses of the Authority in the

execution of the provisions of this
section shall be defrayed out of
monies provided by Parliament;
(i) if any witness objects to answer any

question or to produce any document
on the ground that it may tend to
incriminate him, or on any other
lawful ground, he shall not be
required to answer such question or
to produce such document nor shall
he be liable to any penalty in respect
of such refusal.
(2) The Minister may cause the report of the court

to be made public at such time and in such manner as he
thinks fit.
Application to 73. Without prejudice to the generality of the

Government,
application of this Part, it is hereby declared that this Part
etc.
shall apply in the case of accidents, occupational disease, or
disease prescribed in regulations made under section 70,
occurring to persons employed by or under –
(a) any department of Government other

than members of the Guyana Police
Force or of the Guyana Defence Force;
(b) such persons or class of persons (not

being members of the Guyana Police
Force or the Guyana Defence Force)
or employed by or under any
department of Government as may be
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specified by order of the Minister,
and in such cases notice to be given under this Act by the

employer shall be given by such person as the head of the
department of Government shall by written instructions
direct.
Accidents, 74. Where any notification is not required under

explosions etc.,
section 69 and 70 and an accident, premature or unexpected
at an industrial
establishment.
explosion, fire, flood or inrush of water, failure of any
equipment, machine, device, article, cave-in, subsidence,
rockburst, or other incident as prescribed occurs at an
industrial establishment, notice in writing of the occurrence
shall be given to the Authority and to the committee, safety
and health representative or trade union, if any, by the
employer at such industrial establishment within two days of
the occurrence containing such information and particulars as
are prescribed.
PART VIII
REGULATIONS
Power of 75. (1) Subject to negative resolution of the National

Minister to
Assembly, the Minister may from time to time make
make
regulations. regulations—
(a) prohibiting the employment of, or

modifying or limiting the period of
employment of, all persons or any
class of persons in connection with
any manufacture, machinery, plant,
process or description of labour
certified by the Authority, by notice
published in the Gazette, to be
dangerous;
(b) prohibiting, limiting or controlling the

use of any material or process;
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(c) modifying or extending any special

provision for any class of industrial
establishments contained in this Act;
(d) for the purpose of ensuring the health

or safety of persons who are
employed in any industrial
establishment or in connection with
machinery or with any employment
within the meaning of paragraph (a);
and
(e) generally for giving effect to the

purposes of this Act.
(2) In particular, and without prejudice to the

generality of the foregoing provisions, any such regulations
may provide for—
A. (a) the safe means of approach or access

to, and exit from, any industrial
establishment, or machinery;
(b) the fencing and covering of all

dangerous places or machines;
(c) life saving and first aid appliances

and first aid services to be provided
by employers;
(d) securing safety in connection with all

operations carried on in an industrial
establishment;
(e) securing safety in connection with the

use of cranes, winches, pulley-blocks,
and of all engines, machinery,
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mechanical gear and contrivances

generally whatsoever;
(f) the periodic inspection, testing and

classification, according to age, type
or condition, of boilers, and for the
issue and display of certificates in
connection therewith, and for the
regulating of the type of safety valves
to be fixed to any boiler and the
maximum pressure at which boilers
of any age, type, class, or condition
may be operated;
(g) amending the duties and

responsibilities assignable to any
person under Part V of this Act;
(h) the proper ventilation of any

industrial establishment, having
regard to the nature of the process
carried on therein;
(i) the sanitation, including the provision

of lavatory accommodation and
sanitary conveniences (having regard
to the number of workers employed)
at any industrial establishment;
(j) the fees to be paid for the inspection

or examination of any industrial
establishment or class of industrial
establishment and any machinery
therein;
(k) the forms and certificates to be used

under this Act;
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(l) the records and registers to be

maintained for the purposes of this
Act;
(m) the lifting or moving of loads by any

woman or young person;
(n) the appointment, powers, duties, and

fees of medical inspectors;
(o) the medical supervision of workers;
(p) the prescribing of occupations for the

purposes of section 13;
(q) the contents of notices required to be

displayed under this Act;
(r) defining any word or expression used

in this Act or the regulations that is
not defined in this Act;
(s) designating or defining any industry

workplace, employer or class of
workplaces or employers for the
purposes of this Act, or the
regulations or any provision thereof;
(t) exempting any workplace, industry,
activity, business, work, trade,
occupation, profession, employer or
any class thereof from the application
of a regulation or any provision
thereof;
(u) limiting or restricting the application

of a regulation or any provision
thereof to any workplace, industry,
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any class thereof;
(v) exempting an employer from the

requirements of section 63(l) (a) or (b)
with respect to a hazardous chemical;
(w) any matter or article that is required

or permitted to be regulated or
prescribed under this Act;
(x) any matter or article, where a

provision of this Act requires that the
matter or article be done, used or
carried out or provided as prescribed;
(y) any matter or article, where it is a

condition precedent that a regulation
be made prescribing the matter or
article before this Act or a provision of
this Act has any effect;
(z) the fees other than those referred to in

paragraphs (j) and (u) and the
payment or refund of fees;
(B) (a) the classes of workplace for which

and circumstances under which a
committee shall consist of more than
six persons and in each case
prescribing the number of persons;
(b) the employer of workplaces or classes

thereof for the purposes of section 23
(1)(b);
(c) exempting any workplace, industry,

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any class thereof from the application
of section 23(2);
(d) the conditions for eligibility,

qualifications, selection and terms of
committee members, and the
operation of the committee;
(e) regulating or prohibiting the

installation or use of any machine,
device or article or any class thereof;
(f) requiring that any equipment,

machine, device, or article used bear
the seal of approval of an
organization designated by the
regulations to test and approve the
equipment, machine, device, or article
and designating organizations for
such purposes;
(g) the classes of employers who shall

establish and maintain a medical
surveillance program in which
workers may volunteer to participate;
(h) medical surveillance programmes ;
(i) the reporting by physicians and

others of workers affected by any
chemical, physical agent, or biological
agent or combination thereof;
(j) regulating or prohibiting atmospheric

conditions to which any worker may
be exposed in a workplace:
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(k) the methods, standards or procedures

for determining the amount,
concentration or level of any
atmospheric condition or any
agent or combination thereof in a
workplace;
(l) any chemical, physical agent, or

biological agent or combination
thereof as a critical substance;
(m) prohibiting, regulating, restricting,

limiting or controlling the handling
of, exposure to, or the use and
disposal of any critical substance;
(n) adopting by reference, in whole or in

part, with such changes as the
Minister, considers necessary, any
code or standard and requiring
compliance with any code or standard
that is so adopted;
(o) adopting by reference any criteria or

guide in relation to the exposure of a
worker to any chemical, physical
agent, or biological agent or
combination thereof;
(p) enabling the Authority by notice in

writing to designate that any part of a
construction site shall be an
individual construction site for the
purposes of this Act and the
regulations and prescribing to whom
notice shall be given;
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(q) permitting the Minister to approve

laboratories for the purpose of
carrying out and performing
sampling, analyses, tests and
examinations, and requiring that
sampling, analyses, examinations and
tests be carried out and performed by
a laboratory approved by the
Minister;
(r) the registration of employers of

workers,
(s) the establishment, equipment,

operation and maintenance of mine
rescue stations. as the Minister may
direct, and for the payment of the cost
thereof and the recovery of such cost
from the mining industry;
(t) the training programmes that

employers shall provide;
(u) the floor plans for the purposes of

section 61(7);
(v) the forms and notices and providing

for their use under this Act;
(w) building standards for industrial

establishments;
(x) the name or description of any

chemical as a hazardous chemical,
any biological agent as a hazardous
biological agent, and any physical
agent as a hazardous physical agent;
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(y) prohibiting an employer from altering

a label on a hazardous chemical in
prescribed circumstances;
(z) the criteria to be used by the

Commissioner to determine whether
information is confidential business
information in an application under
section 67(1);
(C) (a) requiring an employer to disclose to

such persons as may be prescribed the
source of toxicological data used by
the employer to prepare a chemical
safety data sheet;
(b) the format and contents of a chemical

safety data sheet;
(c) the intervals at which a safety and

health representative or a committee
member designated under section
23(18) shall inspect all or part of a
workplace;
(d) the medical examinations and tests

that a worker is required to undergo
to ensure that the worker’s health will
not affect his ability to perform his job
in a manner that might endanger
others in keeping with section
47(1)(a);
(e) carrying into effect the provisions of

Part VII and declaring certain diseases
to be occupational disease for the
purposes of this Art;
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(f) any provision with respect to the

payment of any fixed fine in order to
discharge any liability to conviction
for the purpose of section 30(12);
(g) the threshold quantity of a given

hazardous substance or category of
substances which, if exceeded,
identifies a major hazard installation;
(h) provision with respect to the levy to

defray expenses of administering this
Act for the purposes of section 39;
(i) all other matters which the Minister

may consider to be in anyway
incidental to, connected with or
conducive to the discharge of the
provisions of this Act.
(3) No young person shall be employed in a

factory otherwise than in accordance with regulations made
under this section.
Penalty for 76. (1) There may be annexed to the breach of any
breach of
regulation made under this Act such penalty not exceeding
regulations.
fifty thousand dollars as may be prescribed, and such penalty
may be sued for and recovered under the Summary
Jurisdiction Acts.
PART IX
OFFENCES, PENALTIES AND PROCEDURE
Liability of 77. (1) Notwithstanding anything contained in this

employers,
Act, where an employer or an occupier or an owner of
owners,
directors and
premises to which this Act applies contravenes this Act or any
others. regulation made thereunder, the employer, occupier, owner
or competent person, as the case may be commits an offence if
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it is proved that he failed to take reasonable steps to prevent

the contravention.
(2) In a prosecution of an offence under any

provision of this Act, any act or neglect on the part of any
manager, agent, representative, officer, director or supervisor
of the accused, whether a body corporate or not, shall be the
act or neglect of the act or neglect of the accused.
(3) Where an offence under any provision of this

Act or the regulations committed by a body corporate is
proved to be committed with the consent or connivance of, or
to have been attributable to any neglect on the part of, any
director, manager, secretary or other officer of the body
corporate or a person who was purporting to act in such
capacity, he as well as the body corporate shall be guilty of
that offence and shall be liable to be proceeded against and
punished accordingly.
Special 78. (1) Any person who is found in an industrial

provisions as to establishment at any time at which work is going on or the
evidence.
machinery is in motion, except during the intervals for meals
or rest, shall, until the contrary is proved be deemed for the
purposes of this Act to have been then employed in the
industrial establishment:
Provided that this subsection shall not apply to an

industrial establishment in which the only persons employed
are members of the same family dwelling there.
(2) Where, in any proceedings under this Act with

respect to a person under or over a specified age, it appears
to the court that such person is apparently under or over such
age, it shall lie on the defendant to prove that the person is
not under, or not over, the specified age, as the case may be.
(3) Where any entry is required by this Act to be

made in the general register or in any other register or record,
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the entry made by the occupier of an industrial establishment

or on his behalf shall, as against him, be admissible as
evidence of the facts therein stated, and the fact that any entry
with respect to the observance of any provision of this Act has
not been made, shall be admissible as evidence that that
provision has not been observed.
(4) In any proceeding or prosecution under this

Act—
(a) a copy of an order or decision

purporting to have been made under
this Act or the regulations and
purporting to have been signed by
the Minister, Commissioner, Chief
Occupational Safety and Health
Officer or an Inspector;
(b) a document purporting to be a copy

of a notice, certificate, drawing, record
or other document, or any extract
therefor given or made under this Act
or the regulations and purporting to
be certified by an inspector:
(c) a document purporting to certify the

result of a test or an analysis of a
sample of air and setting forth the
concentration or amount of a
agent in a workplace or part thereof
and purporting to be certified by an
inspector; or
(d) a document purporting to certify the

result of a test or an analysis of any
equipment, machine, device, article or
substance and purporting to be
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certified by an inspector,
shall be evidence of the order, decision, writing or document,

and the facts, appearing in the order, decision, writing or
document without proof of the signature or official character
of the person appearing to have signed the order or the
certificate and without further proof.
(5) In any proceeding or prosecution under this

Act, a copy of an order or decision purporting to have been
made under this Act or the regulations, and purporting to
have been signed by the Minister, Commissioner, Chief
Occupational Safety and Health Officer or an inspector may
be served—
(a) personally in the case of an individual

or in case of a partnership upon a
partner, and in the case of a body
corporate, upon the president, vice-
president, secretary, treasurer or a
director, or upon the manager or
person in charge of the workplace; or
(b) by registered letter addressed to any

of the persons mentioned in
paragraph (a) at the last known place
of business of the person, partnership
or body corporate, as the case may be,
and the same shall be deemed to be good and sufficient

service thereof.
Offences. 79. (1) Any person who—
(a) being the owner or occupier, or

manager of an industrial
establishment fails within the time
limited by section 7 to make
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application to the Authority for

registration of such industrial
establishment; or
(b) fails to give notice to the Authority as

required by section 7(6); or
(c) fails to furnish the Authority within a

reasonable time with the information
required by him under section 7; or
(d) being the owner, occupier or the

manager of an industrial
establishment contravenes or fails to
comply with section 8; or
(e) obstructs the Authority or inspector in

the execution of his powers, duties or
functions under this Act; or
(f) is the occupier of an industrial

establishment in which an obstruction
under paragraph (e) takes place,
shall be liable on summary conviction to a fine of twenty-five

thousand dollars.
(2) Any person who—
(a) wilfully delays the Authority or

inspector in the exercise of any power
(b) fails to comply with any requirement

of the Authority or an inspector in
pursuance of section 13; or
(c) fails to produce any register,
certificate, notice or document which
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he is required by or in pursuance of
this Act to produce; or
(d) wilfully withholds any information as

to who is an occupier of an industrial
establishment, or as to who is the
employer in the case of a prescribed
occupation; or
(e) conceals or prevents, or attempts to

conceal or prevent, a person from
appearing before or being examined
by the Authority or an inspector,
shall be deemed to obstruct the Authority or an inspector in

the execution of his duties under this Act.
(a) obstructs a medical inspector in the

exercise of his powers under section
16;
(b) being the occupier of an industrial

establishment, contravenes or fails to
comply with any requirement of a
notice under section 17;
(c) being the occupier of an industrial

comply with any requirement of a
notice under section 40; or
(d) contravenes section 41 (1); or
(e) contravenes or fails to comply with

any requirement of a notice under
section 41(2); or
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(f) contravenes or fails to comply with

any of the provisions of section 42; or
(g) being the occupier of an industrial

comply with any of the provisions of
section 84; or
(h) being the occupier of an industrial

establishment fails to comply with
any requirement of the Authority
(i) being the occupier of an industrial

establishment fails to comply with
any of the provisions of section 86,
shall be liable on summary conviction to a fine of twenty-five

thousand dollars, and in the case of continuing offence shall
be liable to a fine of one thousand dollars for every day upon
which such offence continues after conviction.
(4) Subject to subsection (5) and (6), any person

who by any act or omission contravenes or fails to comply
with—
(a) a provision of this Act or the

regulations;
(b) an order or requirement of an

inspector or the authority; or
(c) an order of the Minister or the

Commissioner,
shall, unless a penalty is otherwise specifically provided, be

liable to a fine of not less than ten thousand dollars nor more
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than fifty thousand dollars and to imprisonment for a term of

not more than twelve months.
(5) If a body corporate is convicted of an offence

under subsection (1), the maximum fine that may be imposed
upon the body corporate shall be five hundred thousand
dollars.
(6) If an inspector or any of the other persons

referred to in section 36(l) (a) is convicted of an offence
involving a contravention of section 36 (1) (a), the fine that
may be imposed on such inspector or other person shall be
not less than fifteen thousand dollars nor more than fifty
thousand dollars.
(7) On a prosecution for a failure to comply with—
(a) section 45 (1);
(b) section 46(l) (b), (c) or (d): or
(c) section 48 (1).
it shall be a defence for the accused to prove that every

precaution reasonable in the circumstances was taken.
(8) The payment of any fixed fine required under

section 30(12) for contravention of any provision of this Act or
the regulations shall have no bearing on the force of this Part.
Special rules as 80. (1) The Permanent Secretary or the Chief

to making of Occupational Safety and Health Officer may institute or cause
complaints for
to be instituted prosecution for the purpose of enforcing any
offences.
[22 of 2009] of the provisions of this Act or the regulations and any
inspector may appear as prosecutor for and on behalf of the
Permanent Secretary or the Chief Occupational Safety and
Health Officer, as the case may be.
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(2) All complaints under this Act may be heard

and determined and all offences and penalties may be
prosecuted and enforced in the manner provided by the
Summary Jurisdiction Acts.
(3) No prosecution under this Act shall be

instituted except by or with the previous sanction of the
Authority.
(4) Any proceeding under this Act or the

regulations may be taken in a magistrate’s court of the
district in which the offence or breach is alleged to have been
committed or of the district in which the accused is resident
or carries on business although the subject-matter of the
proceeding did not arise in that district.
(5) Subject to section 83, no prosecution under this

Act shall be instituted more than one year after the last act or
default upon which the prosecution is based occurred.
Power of court 81. Where the occupier of an industrial establishment

to order cause is convicted of an offence under this Act the court may, in
of
contravention
addition to or in substitution for a penalty, order him to take
to be remedied. within the time specified in the order, such steps as may be
therein specified for remedying the matters in respect of
which the contravention occurred and may, on application,
enlarge the time so specified, and where such an order is
made, the occupier shall not be liable under this Act in respect
of the continuation of the contravention during the time
allowed by the court, but if, after the expiration of that time
is originally specified or enlarged by subsequent order, the
order is not complied with, the occupier shall be liable to a
fine of five thousand dollars for each day on which the
noncompliance continues.
Proceedings 82. Where under this Act any person is substituted for
against persons the occupier with respect to any provision of this Act, any
other than
occupiers.
order, summons, notice or proceeding which for the purpose
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of any of those provisions is by or under this Act required or

authorised to be served on or taken in relation to the occupier,
is hereby required or authorised (as the case may be) to be
served on or taken in relation to that person.
Power to make 83. A complaint may be made for an offence under

a complaint at Part II although more than one year has elapsed since the date
any time for an
offence under
on which the offence is alleged to have been committed.
Part II.
PART X
MISCELLANEOUS
Display of 84. (1) There shall be displayed in every industrial

notices. establishment a notice containing such abstract of this Act and
the regulations made thereunder, as may be prescribed.
(2) All notices required under this Act, to be

displayed in an industrial establishment shall be displayed
where they can be conveniently read by the persons
employed in the industrial establishment, at some
conspicuous place at or near the main entrance to the
industrial establishment and shall be maintained in a clean
and legible condition:
Provided that the Authority may direct that all or any of

the aforesaid documents shall be posted in such parts of the
industrial establishment either in addition to or in
substitution for such conspicuous place as aforesaid, as it may
direct.
Power of the 85. The Authority may require occupiers, or managers

Authority to of industrial establishments to submit such returns,
require returns.
occasional or periodical, as may in its opinion be required for
the purpose of this Act.
General 86. There shall be kept in every industrial

register.
establishment, or such place outside the industrial
establishment as may be approved by the inspector, a register,
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in the prescribed form, called the general register and there

shall be entered in or attached to that register—
(a) the prescribed particulars as to the

persons employed in the industrial
establishment who have not attained
the age of eighteen;
(b) the prescribed particulars as to the

washing, white washing or odour
washing, painting or varnishing of the
industrial establishment; and
(c) the prescribed particulars as to every

accident and case of industrial disease
occurring in the industrial
establishment of which notice is
required to be sent to an inspector;
and
(d) all reports and particulars as required

by any other provision of this Act to
be entered in or attached to the
general register; and
(e) such other matters as may be

prescribed.
(2) The occupier of an industrial establishment
shall send to an inspector such extracts from the general
register as the inspector may from time to time require for the
purpose of the execution of his duties under this Act.
Enforcement by 87. (1) The provisions of regulations made under this

Local Sanitary
act relating to cleanliness, ventilation, overcrowding, lighting,
Authority of
regulations
drinking water, washing facilities and sanitary conveniences
made under shall be enforced by a Local Sanitary Authority of the district
this Act. in which the industrial establishment is situate.
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(2) For the purpose of their duties under this

section a Local Sanitary Authority and its officers shall
without prejudice to their other powers, have all such powers
of entry, inspection, taking legal proceedings, or otherwise, as
the Authority or an inspector has, and accordingly in relation
to their said duties the provisions of this Act as to furnishing
means required by the Authority or an inspector, and
delaying or obstructing the Authority or an inspector, shall be
construed as including references to such officers; but no such
power of entry, inspection or taking legal proceedings shall
be exercised except by officers of the Local Sanitary Authority
authorised by the Authority in writing in that behalf either
generally or specially.
(3) Where the Authority or an inspector finds any

Act or default in relation to any matter in an industrial
establishment which is liable to be dealt with by the Local
Sanitary Authority he shall give notice thereof in writing to
the Sanitary Authority aforesaid and to the Central Board of
Health. It shall be the duty of the Local Sanitary Authority to
make such inquiry into the subject of the notice and take such
action thereon as seems to the Authority proper for the
purpose of enforcing the law and to inform the Authority or
the inspector as the case may be, and the Central Board of
Health of the proceedings taken in consequence of the notice.
(4) If within one month after notice of an act or

default is given by the Authority or an inspector under this
section to a Local Sanitary Authority proceedings are not
taken for remedying or punishing the default or act, the
Central Board of Health, the Authority or the inspector as the
case may be may take proceedings for the remedying or
punishment of the default or act, in accordance with this Act.
(5) The Authority or an inspector shall for the

purpose of his duties under this section have the same powers
in regard to any such matters as he has with respect to other
matters under this Act and he may for that purpose take, like
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proceedings of enforcing this Act or for remedying or

punishing any default or act as might be taken by the Local
Sanitary Authority.
Savings. 88. Subsidiary legislation made under any Act

repealed by this Act, shall with any necessary modifications
and subject to the power of the Minister to amend or revoke
them, continue in force as if they were made under section 75
of this Act.
____________________
s. 69(1)
FIRST SCHEDULE
NOTICE OF ACCIDENT
Accident Register No...............
1. Name of employer ..................................................
2. Address of place where accident happened

..............................................................................................................
..............................................................................................................
3. Nature of occupation† .....................................................
4. Branch or department and exact place where the
accident happened .........................................................................
5. Injured, person’s surname ..….........................................

Other names .....................................................................
Address ..............................................................................
................................................................................................
6. (a) Sex...........................
†
“Occupation” includes agriculture, business, commerce, industry and trade.
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(b) Age (last birthday) .....................................
(c) Occupation of injured person

.......................................................................................
7. Date and time of accident .................................................
8. (a) Cause or nature or the accident

..............................................................................................................
(b) If caused by machinery—
(i) give name of the machine and part causing

accident............................................................................
(ii) state whether it was worked by mechanical
power at the time ……………….................................
(c) State exactly what injured person was doing at the

time ..................................................................................
9. Nature and extent of injuries (e.g. fatal, loss of finger,

fracture of leg, scalp, scratch followed by sepsis)
..............................................................................................................
10. (a) State whether the accident was fatal or not

..............................................................................................................
(b) If the accident was not fatal, state the estimated
period that the injured person will be unable to earn full
wages at the work at which he was employed at the time of
the accident .....................................................................................
11. Has the accident been entered in the Register?

..............................................................................................................
Date: ....................................................
Signature of Employer or
Agent
................................................................
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____________________
SECOND SCHEDULE
NOTICE OF CESSATION OF DISABILITY

s. 69(3)
(To be submitted when disability ceases)
Accident Register No. …………

Name of employer ……………………………..
Address of place of employment ……………………………
Injured person’s surname…………………………………………
Other names ………………………………………………………..
Date of accident…………………………………………………….
Date when disability ceased ……………………………………...
Actual number of days of disability ……………………………..
Amount of compensation paid …….......………………………...
Signature of Employer or Agent

...........................................
________________________
THIRD SCHEDULE
NOTICE OF OCCUPATIONAL DISEASE

1 Name of employer........................................
2. Address of place of employment ......................

Works
3. Address of office ..............................................

(if work on the place of employment is only
temporary).
4. Nature of industry, occupation, or business
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………………………………………………….
s. 70(3)
5. Nature of occupational disease……………….
6. (a) Surname …………………………………

(b) Other names ……………………………
7. Address (permanent) ..............................
Person 8. Temporary address (if any)

affected
9. Sex, and age last birthday. ...............................
10. Precise occupation ...........................................

(avoid (the term “labourer” where
possible).
Date: ...........................................................................
Signature of Employer or Agent

.................................................
____________________
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BAKERIES (HOURS OF WORK) ACT
CHAPTER 99:07
Act
4 of 1946
Amended by
7 of 1949
23 of 1951
16 of 1958
12 of 1967
4 of 1972
19 of 1977
19 of 1994

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2 Cap. 99:07 Bakeries (Hours of Work)
Index
of
Page
Bakeries (Hours of Work) (Certain Public Holidays) Order 13
(O. 15/ 1947)
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Bakeries (Hours of Work) Cap. 99:07 3
CHAPTER 99:07
BAKERIES (HOURS OF WORK) ACT
SECTION
1. Short title.
2. Interpretation.
3. Restriction of working hours in bakeries.
4. Power of Minister to make orders modifying the restrictions
imposed by section 3.
5. Power of the Minister to modify the restrictions imposed by section
3.
6. Overtime.
7. Register of employees.
8. Powers of the Chief Labour Officer and other officers.
9. Offences.
10. Power of magistrate to modify agreements.
11. Saving for work in biscuit factories.
__________________________
1953 Ed.
c. 120
_________ ______ ______ ______ ______ ______ ______ ______ ____
4 of 1946 An Act to regulate the working hours in bakeries and for

purposes connected therewith.
[23RD MARCH, 1946]
Short title. 1. This Act may be cited as the Bakeries (Hours of

Work) Act.
“bakery” means any premises in which a person, otherwise

than in pursuance of a contract of service, engages by
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way of trade or for purposes of gain in the manufacture

of bread or flour confectionery or in any other work
incidental thereto;
“day” means the period between midnight of one night and

midnight of the following night;
“occupier of a bakery” means a person who, otherwise than

in pursuance of a contract of service, engages, by way of
trade or for purposes of gain, in a bakery in the
manufacture of bread or flour confectionery or in any
other work incidental thereto;
“week” means the period between midnight on Saturday

night and midnight on the following Saturday night;
“work incidental to the manufacture of bread or flour

confectionery” includes slicing, wrapping, or otherwise
preparing bread or flour confectionery for sale or
distribution and, where the same persons are employed
in manufacture and in distribution, includes work in or
incidental to distribution.
Restriction of 3. Subject to sections 4 and 5, no person shall

working hours manufacture bread or flour confectionery in any bakery or
in bakeries.
engage in any work incidental thereto—
[23 of 1951
19 of 1994]
(a) on any Sunday, except in the work of
setting sponge; or
(b) for more than sixty hours in any week.
Power of 4. (1) The Minister may, subject to the provisions of

Minister to
subsection (2) of this section, by order, direct that the
make orders
modifying the restrictions imposed by section 3 shall not apply, or shall
restrictions apply subject to such modifications as may be specified in the
imposed by order, in respect of employment in bakeries—
section 3.
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(a) in dough-making;
(b) in oven-firing;
(c) in work undertaken by reason of a

breakdown of machinery or plant, or
other unforeseen emergency;
(d) in work for the purpose of

providing supplies for public holidays
and feast days;
(e) in respect of employment in any

bakery in work for the purpose of
meeting a sudden and unexpected
demand for bread;
(f) where the occupier of a bakery is

acquiring or erecting new plant or
premises, in respect of employment in
that bakery during such period as
the Minister considers reasonable in
the circumstances; and
(g) in work done in any circumstances or

for any other purpose in or for which
the Minister is satisfied that special
provision should be made.
(2) No order made under this section shall permit,

or shall be construed as permitting, the employment of any
person for more than seventy-two hours in any week in a
bakery in the manufacture of bread or flour confectionery or
in any other work incidental thereto.
(3) Any order made by the Minister under this

section may be made—
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(a) for a limited period or without limit

of period;
(b) either generally or in relation to any

area or to any description of bakery or
premises;
(c) subject to such conditions as he thinks

fit,
and may contain such supplemental and consequential

provisions as he considers necessary for giving full effect to
the order.
Power of the 5. The Minister may, where he considers it desirable

Minister to so to do by reason of any breakdown of machinery or plant or
modify the
restrictions
other unforeseen emergency, permit the employment of any
imposed by person in a bakery in the manufacture of bread or flour
section 3. confectionery on any Sunday.
[23 of 1951
19 of 1994]
Overtime. 6. (1) A person who is employed in a bakery in the

[12 of 1967 manufacture of bread or flour confectionery or in any other
4 of 1972
work incidental thereto shall be paid—
19 of 1994]
(a) at twice the rate at which he would

but for this section be paid, in respect
of work—
(i) on Sundays, Christmas Day,

the day after Christmas Day if
Christmas falls on a Sunday,
Eid-Ul-Azha Day or, if that day
is a Sunday, the following day,
Phagwah Day or, if that day is a
Sunday, the following day,
Good Friday, Easter Monday,
Labour Day, that is to say the
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1st May, or, if that day is a

Sunday, the following day;
(ii) between the hour of seven in

the evening of any day and the
hour of five in the morning of
the succeeding day; and
(b) at one and a half times the rate at

which he would but for this section be
paid, in respect of work—
(i) on any public holiday, other

than as specified in paragraph
(a) (i); or
(ii) on any day in excess of eight

hours:
Provided that where the hours of work, or any of them,

under this paragraph also fall under paragraph (a), the
provisions of paragraph (a) shall apply in respect of such
hours.
(2) Any person who contravenes subsection (1)

shall be liable on summary conviction to a fine of thirty-one
thousand, two hundred and fifty dollars.
Register of 7. (1) The occupier of a bakery shall keep a register

employees.
(hereinafter in this Act referred to as “the register of
employees”) of the persons employed in the bakery in the
manufacture of bread or flour confectionery or in any other
work incidental thereto.
(2) The register of employees shall be in such form,

and shall contain such particulars, as are from time to time
prescribed by the Minister by notice published in the Gazette.
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(3) The register of employees shall be kept up to

date.
Powers of the 8. (1) The Chief Labour Officer, the Deputy Chief
Chief Labour Labour Officer, the Assistant Chief Labour Officer, any
Officer and
Inspector of Labour, any Assistant Inspector of Labour or any
other officers.
[7 of 1949 officer or sub-officer of police shall, for the purpose of the
12 of 1967] execution of this Act, have power—
19 of 1977
(a) to enter, inspect and examine at any

hour of the day or night, any bakery
and every part thereof, when he has
reasonable cause to believe that any
person is employed therein, and to
enter by day any place which he has
reasonable cause to believe to be a
bakery; and
(b) to take with him such assistants as he

considers necessary; and
(c) to require the production of the

register of employees kept under
section 7, to inspect, examine and
make copies of any entries therein
and, if he so thinks fit, to remove the
register to his office; and
(d) to make such examination and

inquiry as may be necessary to
ascertain whether the provisions of
this Act or of any order made
thereunder or of any enactments for
the time being in force relating to
public health are complied with, in
relation to the bakery and any persons
employed therein;
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(e) to require any person whom he finds

in a bakery to give such information
as it is in his power to give as to the
name and place of residence of the
occupier of the bakery;
(f) to examine, either alone or in the

presence of any other person, as he
thinks fit, with respect to matters
under this Act, every person whom he
finds in a bakery or whom he has
reasonable cause to believe to be or to
have been within the preceding two
months employed in a bakery, and to
require every such person to be so
examined and to sign a declaration of
the truth of the matters in respect of
which he is so examined:
Provided that no person shall be

required under this paragraph to
answer any question or to give any
evidence tending to incriminate
himself; and
(g) to exercise such other powers as may

be necessary for carrying this Act into
effect.
(2) The occupier of every bakery, his agents and

servants, shall furnish the means required by the Chief
Labour Officer, or other officer specified in subsection (1), as
necessary for an entry, inspection, examination, inquiry or
otherwise for the exercise of his powers under this Act in
relation to such bakery.
Offences. 9. (1) Where any person is employed in a bakery in

[7 of 1949
the manufacture of bread or flour confectionery or in any
23 of 1951
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4 of 1972 other work incidental thereto, and any of the provisions of

19 of 1994]
section 3 or 5, or of an order made under section 4, has been
contravened in respect of such employment, the occupier of
the bakery shall be liable on summary conviction to a fine of
twelve thousand, five hundred dollars.
(2) Where—
(a) no register of employees is kept as

required by section 7; or
(b) the name of an employee, or of a

person who was an employee, is or
has been omitted from such register;
or
(c) any particulars required by the notice

under section 7 to be entered in the
register of employees in respect of any
employee are omitted from the
register of employees, or are
inaccurately stated therein,
the occupier of the bakery shall be liable on summary

conviction to a fine of thirty-one thousand, two hundred and
fifty dollars.
(a) wilfully delays the examining officer,

or any of his assistants under section
8(1)(b), in the exercise of any power
under that section; or
(b) fails to produce the register of

employees which he is required by
that section to produce; or
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(c) wilfully withholds any information

as to who is the occupier of any
bakery; or
(d) conceals or prevents, or attempts to

conceal or prevent, a person from
appearing before or being examined
by the examining officer; or
(e) in any way obstructs the examining

officer in the exercise of his powers or
duties under section 8,
shall be liable on summary conviction to a fine of thirty-one

thousand, two hundred and fifty dollars.
(4) Where an offence under subsection (3) takes

place in a bakery, the occupier of the bakery shall be guilty of
an offence under that subsection.
(5) In subsection (3) the expression “examining

officer” means the Chief Labour Officer or other officer
specified in section 8 (1).
Power of 10. Where, by reason of an agreement in force at the

magistrate to
commencement of this Act between the lessor and the lessee
modify
agreements. of premises the whole or any part of which is used for the
manufacture of bread or flour confectionery or any other
work incidental thereto, the lessee is prevented from carrying
out structural or other alterations in the premises, the lessee
may apply to the magistrate of the magisterial district in
which the premises are situate and, if the magistrate is
satisfied that, having regard to the restrictions on hours of
work imposed by or under this Act, the lessee ought
reasonably to be allowed to carry out any such structural or
other alterations, the magistrate may make such order setting
aside or modifying the terms of the agreement as the
magistrate considers just and equitable in the circumstances
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of the case.
Saving for 11. This Act shall not apply in respect of the
work in biscuit employment of persons in a bakery in which the sole or
factories.
principal work carried on is the manufacture of biscuits, or in
such part of a bakery as may be specified in an order made by
the Minister, being a part in which the Minister is satisfied
that the sole or principal work carried on is the manufacture
of biscuits.
Meaning of 12. (1) Subject to subsection (2), the term

term
“employment” shall be deemed for the purposes of this Act to
“employment”.
[16 of 1958]
include work being carried on by a person on his own
account, and the term “employed” shall be construed
accordingly.
(2) Subsection (1) of this section shall not apply to

section 7.
__________________
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_________________
O.15/1947
BAKERIES (HOURS OF WORK)
(CERTAIN PUBLIC HOLIDAYS) ORDER
Citation 1. This Order may be cited as the Bakeries (Hours of

Work) (Certain Public Holidays) Order.
Special cases 2. Anything contained in section 3 of the Act to the

contrary notwithstanding, any person may in any year be
employed in a bakery in the manufacture of bread and flour
confectionery or in any other work incidental thereto—
(a) between the hour of seven in the evening of

the Wednesday immediately preceding
Good Friday and the hour of five in the
morning of the Thursday following that
Wednesday;
(b) between the hour of seven in the evening of

the 23rd day of December and the hour of
five in the morning of the succeeding day;
and
(c) between the hour of seven in the evening of

the 30th day of December and the hour of
five in the morning of the succeeding day,
for the purpose of providing supplies for Good Friday,

Christmas day and the first week-day of January,
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[Subsidiary] Bakeries (Hours of Work) (Certain Public Holidays) Order.
respectively.
Employment on 3. A person employed in accordance with clause 2 on

following any date specified therein shall not be employed on the
holiday.
holiday following that date, save that where a person is so
employed on the Wednesday preceding Good Friday he may
be employed from the hour of seven in the evening on Good
Friday.
____________________
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PREVENTION OF DISCRIMINATION ACT
CHAPTER 99:08
Act
26 of 1997

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2 Cap. 99:08 Prevention of Discrimination
Note
on
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Prevention of Discrimination Cap. 99:08 3
CHAPTER 98:08
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
3. Application of Act.
PART II
PROTECTION AGAINST UNLAWFUL DISCRIMINATION
4. Prohibited grounds of discrimination.
PART III
PROTECTION AGAINST DISCRIMINATION IN EMPLOYMENT
5. Unlawful discrimination in employment.

6. Bona fide occupational qualification.
7. Special measures to promote equality.
8. Sexual harassment.
PART IV
PROMOTION OF EQUAL REMUNERATION
9. Equal remuneration.
PART V
PROTECTION AGAINST DISCRIMINATION BY OTHER BODIES
10. Professional partnership.

11. Professional or trade organisations.
12. Qualifying bodies.
13. Vocational training bodies.
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SECTION
14. Employment agencies.
PART VI
PROTECTION AGAINST DISCRIMINATION IN OTHER AREAS
15. Goods, services and facilities.

16. Discrimination by subterfuge.
17. Advertisements.
18. Application forms, etc.
PART VII
GENERAL EXCEPTIONS
19. Charities.
20. Religious bodies.
PART VIII
OFFENCES RELATING TO DISCRIMINATION
21. Pressure to discriminate.

22. Victimisation.
PART IX
BURDEN OF PROOF
23. Burden of proof.

24. Proof of exceptions.
PART X
PENALTIES AND REMEDIES
25. General penalty.

26. Supplemental remedies
PART XI
MISCELLANEOUS
27. Power to make regulations.
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SECTION
28. Act not to derogate from other law.
29. Institution of prosecution by the Chief Labour Officer.
30. Procedure
__________________________
CHAPTER 98:08
26 of 1997 An Act to provide for the elimination of’ discrimination

in employment, training, recruitment and
membership of professional bodies and the promotion
or equal remuneration to men and women in
employment who perform work of equal value, and for
matters connected therewith.
.
Short title. 1. This Act may be cited as the Prevention of

Discrimination Act.
Interpretation. 2. In this Act -
“commission agent” means an agent who is remunerated

by commission;
“contract worker” means a person who performs work for

another person pursuant to a contract between the
employer of the first- mentioned person and that other
person;
“de facto spouse” in relation to a person, means a person of the

opposite sex to the first-mentioned person who
lives with the first-mentioned person as a husband
or wife of that person although not legally married to
that person;
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“dependent contractor” means a person, whether or not

employed under a contract of employment, who
performs work or service for another person for
compensation or reward on such terms and conditions t
that the first-mentioned person is, i n relation to that
other person, in a position of economic dependence on,
and under an obligation to perform duties for that other
person more as an employee than an independent
contractor;
“disabled person” means an individual whose prospects of

securing, retaining, and advancing in suitable
employment are substantially reduced as a result of a
duly recognised physical or mental impairment;
“educational authority” means a body of persons

administering an educational institution;
“educational institution” means a school, a college, university

or other institution at which education or training is
provided;
“employee” means a person who offers his services

to an employer under a contract of employment, a
managerial employee or a dependent contractor and
includes, where appropriate, a former employee;
“employer” means any person or undertaking, corporation,

company, public authority or body of persons who or
which employs any person under a contract or
employment or uses the services of a dependent
contractor, commission agent or a contract worker; and
includes the heirs, successors and assigns or an
employer;
“employment” includes—
(i) part-time employment, temporary

employment and employment under a
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contract or service or of apprenticeship;

(ii) employment under a contractor services;
(iii) engagement as a commission agent;
“employment agency” means any person who, whether for

payment or not, assists persons find employment or
assists employers to find employees;
“family responsibilities” means the responsibilities in respect

of any dependent family member;
“marital status” means the status or condition of being
(i) single;
(ii) married;
(iii) married but living separately and apart from
one’s spouse;
(iv) divorced;
(v) widowed;
(vi) the de facto spouse of another person;
“principal” means –
(i) in relation to a commission agent, a person

for whom work is done by that
commission agent;
(ii) in relation to a contract worker, a person
for whom a contract worker performs
work otherwise than under a
contract of employment;
“remuneration” means any money or other thing,

whether called salary, wage, allowance or by any other
name, had or contracted to be paid, delivered or
given as 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, increment or other increment
in such remuneration;
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“sexual harassment” means unwanted conduct or a sexual

nature in the workplace or in connection with the
performance or work which is threatened or imposed
as a condition of employment on an employee or
which creates a hostile working environment for the
employee.
Application of 3. The provisions of this Act shall apply to

Act. employers and employees in the public and private sectors
who are engaged in an employment relationship.
PART II
PROTECTION AGAINST UNLAWFUL
DISCRIMINATION
Prohibited 4. (1) For the purposes of this Act, a person

grounds of discriminates against another person if the first mentioned
discrimination.
person makes, on any of the grounds mentioned in subsection
(2), any distinction, exclusion or preference the intent or effect
of which is to nullify or impair equality of opportunity or
treatment in any employment or occupation.
(2) The grounds referred to in subsection (1) are—
(a) race, sex, religion , colour, ethnic

origin, indigenous population,
national extraction, social origin,
economic status, political opinion,
disability, family responsibilities,
pregnancy, marital status or age
except for purposes of retirement and
restrictions on work and employment
of minors;
(b) any characteristic which appertains

generally or is generally imputed to
persons of a particular race, sex,
religion, colour, ethnic origin,
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indigenous population, national

extraction, social origin, political
opinion, disability, family
responsibility, pregnant state,
marital status, or age except for
purposes of retirement and
restriction on work and employment
of minors.
(3) Any act or omission or any practice or policy that

directly or indirectly results in discrimination against a
person on the grounds referred to in subsection (2), is an act
of discrimination regardless of whether the person
responsible for the act or omission or the practice or policy
intended to discriminate.
PART III
PROTECTION AGAINST DISCRIMINATION IN
EMPLOYMENT
Unlawful 5. (1) It shall be unlawful for any person who is an

discrimination employer or any person acting or purporting to act on behalf
in
of a person who is an employer, in relation to recruitment,
employment.
selection or employment or any other person for purposes of
training, apprenticeship or employment, to discriminate
against that other person on the grounds listed in section 4
(2) -
(a) in the advertisement of the job;
(b) in the arrangements made for the

purpose of determining who should
be offered that employment;
(c) in determining who should be offered

employment;
(d) in the terms or conditions on which
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employment is offered;
(e) the creation, classification or abolition

of jobs.
(2) It shall be unlawful for an employer to

discriminate against an employee on the grounds listed in
section 4 (2)
(a) in terms or conditions or employment

afforded to that employee by this
employer;
(b) in conditions or work or

occupational safety and health
measures;
(c) in the provision or facilities related to

or connected with employment;
(d) by denying access, or limiting access

to opportunities for advancement,
promotion, transfer or training, or to
any other benefits, facilities or
services associated with
employment;
(e) by retrenching or dismissing the

employee;
(f) by subjecting the employee to any

other disadvantage.
Bona fide 6. (1) Nothing in section 5 shall apply to any

occupational distinction, exclusion, or preference based on the grounds
qualifications.
listed in section 4 (2) where a genuine occupational
qualification exists.
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(2) For the purposes of this Act a genuine

occupational qualification for a job exists where -
(a) the essential nature of the job calls a

for a person of particular race, sex,
religion, national extraction,
indigenous population, ethnic origin,
social origin, disability, pregnancy,
family responsibilities, marital status
or age for reasons or physiology
(excluding physical strength or
stamina) or, in dramatic performance
or other entertainment for reasons of
authenticity, so that the essential
nature of the job would be materially
different if carried out by a person or
the opposite sex or a person with
an occupational qualification which
is different from any stated aforesaid;
or
(b) in a religious Institution, the essential

nature of the job calls for a particular
religious affiliation or belief and the
essential nature of said job would be
materially different or could not be
carried out if performed by a person
of a different religious affiliation or
belief; or
(c) the job needs to be held by a person of

a particular sex to preserve decency or
privacy because -
(i) it is likely to involve physical

contact with persons of the
same sex as he employees in
circumstances where those
persons might reasonably
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object to its being carried out by

persons of the opposite sex;
(ii) the holder of the job is likely
to do work in circumstances
where persons of the same
sex might reasonably object to
the presence of a person of
the opposite sex because they
are in a state of undress or use
the same sanitary facilities;
(d) the nature or location of the

establishment makes it impracticable
for the holder or the job to live
elsewhere than in premises provided
by the employer and –
(i) the only such premises which

are available for persons
holding that kind or job are
occupied or normally
occupied, by persons of the
same sex and are not equipped
with separate sleeping
accommo-dation and sanitary
facilities for persons of, the
opposite sex; and
(ii) it is not reasonable to expect the
employer either to equip these
premises with such accommo-
dation and facilities or to
provide other premises for
persons of the opposite sex or
to work out a practicable
solution for the use of such
facilities for members of both
sexes; or
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(e) the job requires a married couple; or
(f) the nature of the establishment, or the

part of it where the work is carried
out, requires the job to be held by a
person of a particular sex because-
(i) it is, or is part of, a hospital,

prison, or other establishment
for persons requiring special
care, supervision or attention;
and
(ii) those persons are all of the
same sex (disregarding any
person of the opposite sex
whose presence is exceptional);
and
(iii) it is reasonable, having
regard to the essential
character or the establishment
or that part, that the job should
not be held by a person of the
opposite sex; or
(g) the holder of the job provides

individuals with personal services
promoting their health, welfare
or education, and those services can
most effectively be provided by a
person of a particular sex; or
(h) on the grounds or disability when it is

shown that –
(i) the disability in question was a

relevant consideration in
relation to the particular
requirements of the
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employment concerned and the

performance of the job could
not be carried out as a result of
the disability; or
(ii) special facilities or

modifications, whether
physical, administrative, or
otherwise, are required to be
made at the work place to
accommodate the disabled
person which the employer
cannot reasonably be expected
to provide.
Special 7. Special measures taken by employers of a

measure to temporary nature to promote equality of opportunity in
promote
employment based on the grounds set out in section 4 (2)
equality.
shall not be deemed to be unlawful discrimination within the
meaning of section 5 of this Act.
Sexual 8. Any act of sexual harassment against an employee

harassment. committed by an employer, managerial employee or co-
worker shall constitute unlawful discrimination based on sex
within the meaning of section 4 of this Act.
PART IV
Equal 9. (1) Every employer and every person acting on

remuneration. behalf of such employer shall be obligated to pay equal
remuneration to men and women performing work of equal
value for such employer.
(2) In this section —
“equal remuneration” means rates of remuneration that have

been established without differentiation based on the
grounds of sex;
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“work of equal value” means work equal in value in terms of

the demands it makes in relation to such matters as skill
levels, duties, physical and mental effort, responsibility
and conditions of work.
(3) The burden of proof to establish that equal

remuneration has been paid shall rest on the employer.
PART V
Professional 10. (1) Where employment in a particular profession

partnership. is largely provided through partnership firms, it is unlawful
for such firms of professionals consisting of six or more
partners or for six or more persons proposing to form
themselves into such a partnership firm, to discriminate
against any person on the grounds set out in section 4 (2)—
(a) in the arrangements they make for the

purpose of determining who should
be offered a position as partner in the
firm; or
(b) by expelling persons from the firm

or subjecting persons in the firm to
unfair treatment.
(2) Subsection (1) shall not apply if the treatment

afforded to the partner or potential partner is based on a
genuine occupational qualification.
Professional or 11. (1) It shall be unlawful for a trade union, an

trade organisation of employers, other organisation of employees
organisations.
or other organisation whose members carry on a particular
profession or trade for the purpose of which the organisation
exists to discriminate against any person on the grounds set
out in section 4 (2) ---
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(a) by refusing or failing to accept

that person’s application for
membership; or
(b) in the terms on which it is prepared to

admit that person to membership; or
(c) in the case of a person who is a

member of the organisation—
(i) by denying, limiting or

deliberately admitting to
afford access to any benefits,
facilities or services provided
by the organisation;
(ii) by depriving that person of

membership or varying the
terms of membership;
(iii) by limiting or depriving that

person of access to or
acquisition of leadership
positions within the
organisation; or
(iv) by subjecting that person to

any other unfair treatment.
Qualifying 12. (1) It shall be unlawful for an educational

bodies. authority or body that is to confer, renew, extend, revoke or
withdraw an authorisation or qualification that is needed
for or facilitates the practice of a profession, the carrying
on of a trade or the engaging in an occupation, to discriminate
against a person on the grounds set out under section 4 (2)—
(a) by refusing or failing to confer, renew

or extend the authorisation or
qualification;
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(b) in the terms or conditions on which it

is prepared to confer the
authorisation or qualification or to
renew or extend it; or
(c) by revoking or withdrawing the

authorisation or qualification or
varying the terms or conditions upon
which it is held.
(2) In this section, authorisation or qualification

includes recognition, registration, enrolment, approval and
certification.
Vocational 13. (1) It shall be unlawful for any association which

training bodies.
comprises employers and has as its principal objectives, that
affording of their employees access to training facilities, or for
any other person or educational authority recognised as
providing facilities for training for employment, to
discriminate –
(a) in the arrangements made for

the purpose of determining who
should be offered training;
(b) in the terms and conditions on which

who should be afforded access to
training courses or other facilities and
services including vocational
counselling and guidance;
(c) by refusing or deliberately omitting to

afford access to training courses or
other facilities and services including
vocational counselling and guidance;
(d) by terminating any training which has

already started,
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on the grounds set out in section 4(2) against a person who is

seeking or undergoing technical or vocational training which
would help to fit that person for any kind of employment or
occupation.
(2) It shall not be unlawful under subsection (1) to

give preference to nationals above non-nationals.
Employment 14. (1) It shall be unlawful for an employment

agencies. agency to discriminate against a person on the grounds set
out in section 4 (2)—
(a) by refusing to provide that person

with any of its services; or
(b) in the terms on which it offers to

provide that person with any of its
services; or
(c) in to manner in which it provides that

person with any of its services; or
(d) in any other manner in which it

facilitates the hire or employment of
that person.
(2) This section shall not apply if the

discrimination concerns employment which the employer
could lawfully refuse to offer that person.
(3) An employment agency shall not be liable

under this section if it proves—
(a) that it acted in reliance on a statement

made to it by an employer to the
effect that by reason of the operation
of subsection (2), its action would not
be unlawful; and
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(b) that it was reasonable for it to rely on

the statements .
(4) Any person who knowingly, or recklessly,

makes a statement referred to in subsection (3) (a) which is
false or misleading in a material respect commits an offence
and shall be liable on summary conviction to a fine of forty-
five thousand dollars.
PART VI
PROTECTION AGAINST DISCRIMINATION IN
OTHER AREAS
Goods, services 15. It shall be unlawful for a person who, whether for
and facilities. payment or not, provides goods and services, or makes
facilities available, to discriminate against a person on the
grounds set out in section 4 (2)—
(a) by refusing to provide that person with

those goods or services or to make those
facilities available; or
(b) in the manner in which or in the terms and

conditions on which those goods or services
are provided or made available to that
person.
Discrimination 16. Where a requirement or condition which is not

by subterfuge. apparently in contravention of any provision in this Act, has
the effect of giving preference to a person on the grounds not
out in section 4(2) in a situation where such preference would
be unlawful under this Act, the imposition of that condition
or requirement shall be unlawful unless the person imposing
it establishes good reason for its imposition and shows that its
imposition is not a subterfuge to avoid complying with this
Act.
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Advertise- 17. (1) It shall be unlawful for any person to publish

ments or display or to cause to allow to be published or displayed,
any advertisement or notice which indicates or could
reasonably be understood as indicating an intention to
commit a breach of any provision under this Act.
(2) The publisher of an advertisement made

unlawful by subsection (1) shall not be subject to any liability
under that subsection if the publisher proves –
(a) that the advertisement was published

in reliance on a statement made by the
person who caused it to be published
to the effect that the publication
would not be unlawful; and
(b) that it was reasonable for the

publisher to rely on that statement.
(3) A person who knowingly or recklessly makes a

statement ref erred to in subsection (2) which is false or
misleading in a material particular commits an offence and
shall be liable on summary conviction to a fine of fifteen
thousand dollars.
Application 18. Where by virtue of any provision of Part II or III,

forms, etc. it would be unlawful, in particular circumstances, for a
person to discriminate against another person on the grounds
set out in section 4(2), it shall be unlawful for that person to
request or require that other person to provide information
(whether by way of completing a form or otherwise) that
would not, in the same or substantially similar
circumstances be required or requested of the person of the
opposite sex, or of a different race, religion, colour, political
opinion, ethnic origin, indigenous population, social origin,
pregnant state or status or with different family
responsibilities.
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PART VII
GENERAL EXCEPTIONS
Charities. 19. (1) Nothing in Parts III and IV shall affect—
(a) a provision of a deed, will or other

document, whether made before or
after the coming into operation of this
Act, that confers charitable benefits
or enables charitable benefits to be
conferred on persons on the basis of
the grounds set out in subsection 4 (2)
of this Act; or
(b) an act that is done in order to give

effect to such a provision.
(2) In this section “charitable benefits” means

benefits for purposes that are exclusively charitable according
to law.
Religious 20. Nothing in this Act shall affect—

bodies.
(a) the ordination of priests, ministers of
religion or members of that body;
(b) the training or education or persons

seeking ordination or appointment as
priests, ministers of religion or members of a
religious order;
(c) the selection or appointment of persons to

perform duties or functions for the purposes
of, or in connection with, or otherwise to
participate in any religious observance or
practice; or
(d) any other act or practice of a body
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established for religious purposes, being an

act or practice that conforms to the
doctrines, tenets or beliefs of a religion or is
necessary to avoid injury to the religious
susceptibilities of adherents to that religion.
PART VIII
OFFENCES RELATING TO DISCRIMINATION
Pressure to 21. (1) It shall be unlawful to induce or attempt

discriminate.
to induce a person to do any act which contravenes Part III or
IV by—
(a) providing or offering to provide the

person with any benefit; or
(b) subjecting or threatening to subject

the person to any detriment.
(2) An offer or threat is not prevented from falling

within subsection (1), because it is not made directly to the
person in question, if it is made in such a way that the person
is likely to hear it or hear of it.
(3) A person who contravenes subsection (l)

commits an offence and is liable on conviction to a fine not
exceeding fifteen thousand dollars.
Victimisation. 22. (1) A person who commits an act of victimisation

against another person shall be guilty of an offence and shall
be liable to a fine not exceeding fifteen thousand dollars.
(2) For the purposes of subsection (l) a person shall

be taken to commit an act of victimisation against another
person if the first- mentioned person subjects or threatens to
subject the other person to any detriment—
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(a) on the ground that the other person

—
(i) has made, or proposes to make,

a complaint under this Act;
(ii) has brought, or proposes to
bring proceedings under this
Act against any person;
(iii) has furnished or proposes to
furnish, any information, or has
produced, or proposes to
produce, any documents to a
person exercising or
performing any power or
function under this Act;
(iv) has attended or proposes to
attend an inquiry under this
Act or to provide evidence or
testimony as a witness; or
(v) has made a good faith
allegation that a person has
committed an act of
discrimination in
contravention or this Act.
(b) on the ground that the first-

mentioned person believes that the
other person has done, or proposes to
do, an act or thing referred to in
paragraph (a) (i) to (v).
PART IX
BURDEN OF PROOF
Burden of 23. Except where otherwise provided in this Act,

proof. the person alleging a violation of this Act shall bear a burden
of presenting a prima facie case of discrimination or of an
offence related to discrimination under this Act, whereupon
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the burden of proof shall shift to the respondent to disprove

the allegations.
Proof of 24. Where by any provision of this Act, conduct is

exception. excepted from conduct that is unlawful under this Act or that
is a contravention of this Act, the onus of proving the
exception lies upon the party claiming the exception.
PART X
PENALTIES AND REMEDIES
General 25. Any person who contravenes the provisions of

penalty, this Act shall, unless a penalty is otherwise specifically
provided, be guilty of an offence and shall be liable to a fine
not exceeding twenty thousand dollars.
Supplemental 26. Without prejudice to any other remedy that may

remedies. be available in any court, any person who is aggrieved by any
act or omission of an employer in contravention of the
provisions of Part II or III shall be entitled to apply to the
court convicting such employer for any such contravention,
for any of the following remedies –
(a) damages from the employer, for

any loss caused directly or indirectly
as a result of the contravention.
(b) an order directing the employer to

redress the contravention including an
order, if the employer and aggrieved
person agree, to reinstate such
aggrieved person;
(c) any other order the court may deem

fair and just in the circumstances.
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PART XI
MISCELLANEOUS
Power to make 27. The Minister may make regulations for giving
regulations. effect to the purposes of this Act and for the carrying out or
the provisions or this Act.
Act not to 28. This Act shall not derogate from the provisions of
derogate from the Equal Rights Act or any other law.
any other law.
c. 38:01
Institution of 29. The Chief labour Officer may institute or cause to

prosecution by be instituted any prosecution for the purpose of enforcing any
the Chief
Labour Officer.
of the provisions of this Act and any officer of the Department
of Labour may appear as prosecutor for and on behalf of the
Chief Labour Officer.
Procedure. 30. All complaints under this Act may be heard and
determined and all offences, penalties or other remedies
may be prosecuted and enforced in the manner provided by
the Summary Jurisdiction Acts:
Provided that any order for the payment or recovery

of damage or other compensation shall be enforceable in the
same manner as an order for the payment of
compensation under the Summary Jurisdiction
c. 10:02
(Procedure) Act.
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HOUSEHOLD SERVICE WORKERS (HOURS OF WORK) ACT
CHAPTER 99:10
Act
17 of 1980

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2 Cap. 99:10 Household Service Workers

(Hours of Work)
Note
on
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Household Service Workers Cap. 99:10 3
(Hours of Work)
CHAPTER 99:10
HOUSEHOLD SERVICE WORKERS (HOURS OF WORK) ACT
SECTION
1. Short title.
2. Interpretation.
3. Hours of work.
4. Overtime.
5. Off day.
6. Register of wages, hours and conditions of work.
7. Offences.
8. Institution of prosecutions by Permanent Secretary.
9. Regulations.
__________________________
17 of 1980 An Act to regulate the working hours of household service

workers and for purposes connected therewith.
Short title. 1. This Act may be cited as the Household Service

Workers (Hours of Work) Act.
“household service worker” means any person employed as a

domestic in any private residence, and includes
children’s nurses;
“employer” means any person who employs a household

service worker;
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4 Cap. 99:10 Household Service Workers

(Hours of Work)
“normal hours” means the maximum number of hours which

may normally be worked by a household service worker
in accordance with section 3.
Hours of work. 3. The number of hours which may normally be

worked by a household service worker shall not exceed eight
on any day or forty-eight in any week.
Overtime. 4. 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, but for this section, be
paid.
Off-day. 5. A household service worker employed on a weekly,

fort-nightly or monthly basis, shall be allowed by his
employer in every week a continuous period of twenty-four
hours during which he is not required to work for his
employer:
Provided that any such period shall not be disregarded in

reckoning the number of hours worked by a household
service worker.
Register of 6. (1) The employer shall keep a register (hereinafter

wages, hours referred to as “the register”) containing a record of the wages
and conditions
and hours of work of every household service worker.
of work.
(2) The register shall be in such form and shall

contain such other particulars, as may from time to time be
prescribed by the Minister by notice published in the Gazette.
(3) The register shall be produced for inspection by

any officer of the Department of Labour.
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Household Service Workers Cap. 99:10 5
(Hours of Work)
Offences. 7. Any employer who—

[6 of 1997]
(a) fails to comply with the provisions of section
4, 5 or 6: or
(b) knowingly makes or causes or permits to be

made any false entry in the register,
shall be liable on summary conviction to a fine of twenty-

seven thousand five hundred dollars.
Institution of 8. The Permanent Secretary may institute or cause to

prosecutions by be instituted any prosecution for the purpose of enforcing the
Permanent
provisions of this Act and any officer of the Department of
Secretary.
Labour may appear as prosecutor for and on behalf of the
Permanent Secretary.
Regulations. 9. The Minister may make regulations generally for

giving effect to the purposes of this Act and for the better
carrying out of any of the provisions of this Act.
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TERMINATION OF EMPLOYMENT AND SEVERANCE

PAY ACT
CHAPTER 96:01
Act
19 of 1997
Amended by
7 of 1999

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Note
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Termination of Employment and Severance Pay Cap. 96:01 3
CHAPTER 96:01
TERMINATION OF EMPLOYMENT AND SEVERANCE PAY ACT
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
3. Higher standards permitted.
PART II
CONTINUITY OF EMPLOYMENT
4. Continuity of employment.
5. Successor employer.
6. Records to be kept.
PART III
TERMINATION OF EMPLOYMENT
7. Termination of employment.
8. Unfair dismissal.
9. Termination of employment during probationary period.
10. Summary dismissal for serious misconduct.
11. Termination of employment for misconduct, breach of contract and
unsatisfactory performance.
12. Termination of employment due to redundancy.
13. Effect of sale of employer’s business.
14. Lay offs.
15. Notice period.
16. Payment in lieu of notice.
17. Certificate of termination.
18. Disciplinary action.
19. Complaints of unfair dismissal.
20. Remedies.
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SECTION
PART IV
SEVERANCE OR REDUNDANCY ALLOWANCE
21. Severance or redundancy allowance.

22. Institution of prosecutions by Chief Labour Officer.
23. Procedure.
__________________________
19 of 1997
CHAPTER 96:01
TERMINATION OF EMPLOYMENT AND SEVERANCE
PAY ACT
An Act to provide for the conditions governing termination

of employment and grant of redundancy or severance
payment to employees and for matters connected
therewith.
[20TH SEPTEMBER, 1997]
PART I
PRELIMINARY
Short title. 1. This Act may be cited as the Termination of

Employment and Severance Pay Act.
Interpretation. 2. In This Act—

[7 of 1999]
“continuous employment” means, subject to sections 4 and 5,

an employee’s period of uninterrupted employment with
the same employer or the successor employer;
“contract worker” means a person who performs work for
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another person pursuant to a contract between the

employer of the first mentioned person and that other
person;
“dependent contractor” means a person, whether or not

employed under a contract of employment, who
performs work or service for another person for
compensation or reward on such terms and conditions
that the first mentioned person is, in relation to that other
person, in a position of economic dependence on, and
under an obligation to perform duties for, that other
person more as an employee than an independent
contractor;
“employee” means a person who offers his service to an

employer under a contract of employment or a
dependent contractor and includes, where appropriate, a
former employee;
“employer” means any person or undertaking, corporation,

company, public authority or body of persons who or
which employs any person under a contract of
employment or uses the services of a dependent
contractor, commission agent or a contract worker; and
includes the heirs, successors and assigns of any
employer;
“employment” means part time employment and

employment on an hourly, daily, weekly, fortnightly or
monthly basis;
“employment agency” means any person who, whether for

payment or not, assists persons to find employment or
assists employers to find employees;
“family responsibilities” means the responsibilities in respect

of any dependent family member;
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“marital status” means the status or condition of being—
(i) single;
(ii) married;
(iii) married but living separately
and apart from one’s spouse;
(iv) divorced;
(v) widowed; or
(vi) the de facto spouse of another
person;
“principal” means—
(i) in relation to a commission

agent, a person for whom work
is done by the commission
agent;
(ii) in relation to a contract worker,
a person for whom a contract
worker performs work
otherwise than under a contract
of employment;
“probationary period” means the period of three months

following the date on which the employment of an
employee by an employer commences, or such other
period of time following that date as may be agreed upon
between employer and an employee;
“redundancy” means the loss of employment as defined in

section 12 of this Act;
“redundancy allowance” means the amount of money that an

employee whose employment has been terminated on
account of redundancy is entitled to receive from his
employer pursuant to this Act;
“serious misconduct” means misconduct that is such that the
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employer cannot reasonably be expected to take any

course other than to terminate the employment of the
employee;
“severance allowance” means the amount of money that an

employee whose employment has been terminated on
account of severance of employment is entitled to receive
under this Act;
“severance of employment” means termination of the contract

of employment by an employer under section 7(a) or
(c)(ii);
“summary dismissal” means termination of the contract of

employment by the employer without notice.
“public authority” means any ministry, department or agency

of the Government including any local democratic organ
or local Government authority.
Higher 3. (1) Nothing in this Act shall preclude higher

standards standards of benefit to employees than those set out in this
permitted.
Act being agreed upon through collective bargaining or other
forms of negotiations or agreement or arbitration award.
(2) Where at the coming into operation of this Act,

there exists any higher standard of benefit to employees
which has been agreed upon through collective bargaining or
forms of negotiations or agreement, other than those set out
in this Act, the employer shall continue to pay or apply such
higher standard of benefit as if it were provided for under this
Act.
(3) Any provision in an agreement shall be void in

so far as it excludes or in any way limits the operation of any
provision of this Act to the detriment of the employee.
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PART II
CONTINUITY OF EMPLOYMENT
Continuity of 4. (1) Continuous employment shall begin from and

employment.
include the first day on which an employee begins to work for
an employer and shall continue up to and including the date
of termination of employment of such employee.
(2) An employee’s continuous employment shall
not be treated as interrupted if the employee is absent from
work—
(a) due to taking annual leave, maternity

leave or sick leave or any other leave
in accordance with any law or
contract or agreement or disability;
(b) due to such employee’s suspension,

with or without payment in
accordance with the provision of any
law, contract or agreement;
(c) due to such employee’s termination of

employment prior to being reinstated
or re-engaged in, his previous
employment in accordance with this
Act, or any other law or under any
contract or agreement;
(d) due to having been temporarily laid

off by the employer for a period not
exceeding six weeks;
(e) due to a lockout;
(f) in accordance with the contract of

employment or agreement of the
employer of such employees.
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(3) Any period of time elapsing in the

circumstances referred to in subsection (2) shall count for the
purpose of calculating the continuous period of employment.
(4) Any period during which an employee is

absent from work because of his participation in industrial
action in conformity with the provisions of any law or
collective labour agreement shall not interrupt the continuity
of employment but such period shall not count for the
purpose of calculating length of continuous employment.
Successor 5. Subject to the provisions of this Act, where a

employer. business or part of it is sold, leased, transferred or otherwise
disposed of, the period of employment of an employee with a
previous employer shall be deemed to constitute a single
period of continuous employment with the successor
employer provided that the successor employer has agreed
therefor.
Records to be 6. It shall be the duty of every employer to keep such

kept. records as are necessary to show that the provisions of this
Act are being compiled with in respect of persons in his
employment and if he fails to do so, he shall be liable on
summary conviction in respect of each offence to a fine of
fifteen thousand, six hundred and twenty-five dollars.
PART III
TERMINATION OF EMPLOYMENT
Termination of 7. A contract of employment for an unspecified period

employment.
of time may at any time be terminated—
(a) by mutual consent of the parties;
(b) on any ground of redundancy under

section 12;
(c) by either party —
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(i) for good or sufficient cause;

(ii) by notice given to or served
upon the other party .
Unfair 8. (1) The following reasons do not constitute good or

dismissal. sufficient cause for dismissal or for imposition of disciplinary
action—
(a) an employee’s race, sex, religion,
colour, ethnic origin, national
extraction, social origin, political
opinion, family responsibility, or
marital status;
(b) an employee’s age, subject to any law

or collective bargaining provisions
regarding retirement;
(c) a female employee’s pregnancy or a

reason connected with her pregnancy;
(d) an employee’s absence from work

because of sickness or injury certified
by a registered medical practitioner;
(e) an employee’s absence from work due

to compulsory military service or
other civic obligation In accordance
with any law;
(f) an employee’s participation in

industrial action in conformity with
the provisions of any law or collective
labour agreement;
(g) an employee’s refusal to do any work

normally done by an employee who is
engaged in industrial action as
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described in subsection (1)(f);
(h) the filing by an employee of a

complaint or the participation in
proceedings against an employer
involving alleged violations of any
rule or law.
(2) A dismissal or imposition of disciplinary action
is unfair if it is based on any of the grounds contained in
subsection (i) or on the failure of any of the employer’s
obligations under section 11 or 18.
Termination of 9. A new employee may be required to serve a

employment
during
probationary period of employment, but the employer or
probationary employee may terminate the employment at any time during
period. the probationary period for any reason and without notice.
Summary 10. (1) An employer is entitled to dismiss summarily

dismissal for
without notice or payment of any severance or redundancy
serious
misconduct. allowance or terminal benefit any employee who is guilty of
serious misconduct.
(2) The serious misconduct referred to in

subsection (1) is restricted to that conduct which is directly
related to the employment relationship and has a detrimental
effect on the employer’s business.
Termination of 11. (1) Where the employee is guilty of an offence in

employment
breach of his condition of employment or any misconduct
for misconduct,
breach of
that is not serious or any misconduct on account of which the
contract and employer cannot be expected to continue to employ the
unsatisfactory employee if it is repeated, the employer may give the
performance.
employee a written warning.
(2) If the employee after being warned in writing

pursuant to subsection (1) is guilty of the same or similar
offence or misconduct in the following six months, the
employer may terminate the employee’s contract of
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employment without notice.
(3) The employer shall be deemed to have waived

any right to terminate the employment of an employee for
misconduct if such employer has failed to do so after having
knowledge of the misconduct or at the end of any
investigation of the said misconduct.
(4) The employment of an employee shall not be
terminated for unsatisfactory performance unless the
employer has given the employee instructions as to how the
employee should perform his duties and a written warning to
adhere to the employer’s instructions and the employee
continues to perform any duty unsatisfactorily.
Termination of 12. (1) The employer may terminate the employment

employment of the employee because the employee is redundant under the
due to
provisions of subsection (2).
redundancy.
(2) The employee is redundant under subsection

(1) where in relation to his employer’s business where he is
employed, his termination of employment is or is part of a
reduction in the work force that is a direct result of—
(a) The modernisation, automation or

mechanisation by the employer of all
or part of the business;
(b) the discontinuance by the employer to

carry on all or part of the business;
(c) the sale or other disposition by the

employer of all or part of the business;
(d) the reorganisation of the business by

the employer to improve efficiency;
(e) the impossibility or impracticability

for the employer to carry on the
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business at its usual rate or level or at

all due to—
(i) a shortage of materials;

(ii) a mechanical breakdown;
(iii) a force majeure; or
(iv) an act of God;
(f) a reduced operation in the employer’s
business made necessary by economic
conditions, including a lack of or
change in markets, contraction in the
volume of work or sales, reduced
demand or surplus inventory.
(3) Prior to terminating the employment of any

employee pursuant to this section, the employer shall—
(a) inform as early as possible but not

later than one month from the date of
the existence of any circumstances
mentioned in subsection (2), the
recognised trade union, or if none
exists, the employee or the employee’s
representative and the Chief Labour
Officer of—
(i) the existence of any of the

circumstances mentioned in
sub-section (2);
(ii) the reasons for the
contemplated termination of
employment;
(iii) the number and categories of
the persons likely to be
affected;
(iv) the period over which such
termination is likely to be
carried out; and
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(v) such other matters as may be

relevant;
(b) consult as early as possible but not

later than one month from the date of
the existence of any of the
circumstances mentioned in
subsection (2), with the recognised
trade union, or if none exists the
employee or the employee’s
representative and the Chief Labour
Officer, on the possible measures that
could be taken to avert or mitigate the
adverse effects of such circumstances
in relation to employment generally
and the employees concerned.
(4) Any employer who contravenes any of the

provisions of this section shall be liable on summary
conviction to a fine of twenty thousand dollars and
imprisonment for a period of three months.
Effect of sale of 13. Where upon the sale or other disposition by an

employer’s employer of a business as provided for in section 12(2)(c), the
business
successor employer agrees to honour any of the obligations
under this Act of the first mentioned employer all such
obligations of the first mentioned employer shall fall upon
and are binding on the successor employer who has acquired
the business.
Lay offs. 14. (1) No employer shall lay off an employee except
where the employer is empowered by this Act to terminate
the employment of the employee because of redundancy
under section 12.
(2) No lay off under subsection (1) shall exceed six

weeks.
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(3) Any employer who contravenes the provisions

of this section shall be liable on summary conviction to a fine
of fifteen thousand dollars.
Notice period. 15. (1) Where a contract of employment for an

unspecified period of time is being terminated for any reason
of redundancy under section 12, or by notice under section
7(c)(ii), such contract of employment, shall except during the
probationary period, be terminated by the employer upon
giving the following minimum period of notice in writing—
(a) two weeks where the employee has

been employed by the employer for
less than one year;
(b) one month, where the employee has

been employed by the employer for
one year or more.
(2) Where the employee terminates his contract of

employment with the employer, the periods of notice under
subsection (1) shall also be the periods of notice that such
employee shall give to his employer.
(3) The periods of notice under subsection (1) shall

not apply where the employer is entitled to summarily
dismiss an employee under this Part.
(4) A notice of termination under subsection (1)

shall not be given by an employer during an employee’s
period of absence on any authorised leave granted under any
employment law or the employee’s contract of employment.
(5) Nothing in this section shall prevent—
(a) the parties to the contract from

agreeing to a longer period of notice
of termination than is provided for in
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this section;
(b) an employer waiving the right to

receive notice under subsection (2).
Payment in lieu 16. (1) In lieu of giving notice of termination under

of notice. section 15 (1) the employer shall pay the employee a sum
equal to the remuneration and benefits due to the employee
up to the expiry of any required period of notice.
(2) In lieu of giving notice of termination under

section 15 (2), the employee shall pay the employer a sum
equal to the remuneration and benefits payable by the
employer to the employee up to the expiry of any required
period of notice.
Certificate of 17. On the termination of a contract of employment an

termination.
employer, if so requested by the employee, shall provide the
employee with a certificate of termination.
Disciplinary 18. (1) An employer shall be entitled to take

action. disciplinary action other than dismissal against an employee
when it is reasonable to do so under the circumstances.
(2) For purposes of this section “disciplinary

action” includes in order of severity—
(a) a written warning;
(b) suspension without pay.
(3) No employer may impose a fine or other

monetary penalty on an employee.
(4) In deciding what is reasonable under the

circumstances pursuant to subsection (1), the employer shall
have regard to the nature of the violation, the employee’s
duties, the nature of any damage incurred and the previous
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conduct and the circumstances of the employee.
(5) A complaint that disciplinary action is

unreasonable may be made to the Chief Labour Officer for
determination.
(6) Where any determination under subsection (5)

reveals that any disciplinary action under this section was
unreasonable such disciplinary action shall be withdrawn and
in the case of any disciplinary action under subsection (2) (b),
any payment withheld shall be refunded and the employee
reinstated in his employment.
Complaints of 19. Without prejudicing to any right an employee may

unfair enjoy under a collective agreement, such employee shall have
dismissal.
the right to seek redress from the High Court where he is
unfairly dismissed or disciplined in violation of section 8.
Remedies. 20. (1) If the employee’s complaint of unfair dismissal

or imposition of disciplinary action is proved to the
satisfaction of the High Court it shall award the employee
compensation as specified in subsections (2) and (3).
(2) An award of compensation shall be such

amount as the Court considers just and equitable in all the
circumstances having regard to the loss sustained by the
employee as a consequence of the dismissal or discipline in so
far as that loss is attributable to action taken by the employer,
and the extent if any to which the employee caused or
contributed to the dismissal or discipline.
(3) The High Court may, if it deems fit, award any

other just remedy in addition to or in lieu of the award
referred to in subsection (2).
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PART IV
SEVERANCE OR REDUNDANCY ALLOWANCE
Severance or 21. (1) On termination of his employment, an

redundancy
employee who has completed one or more years of
allowance.
[7 of 1999] continuous employment with an employer shall be entitled to
be paid by such employer a severance or redundancy
allowance equivalent to—
(a) one week’s wages for such completed

year of service for the first five years
including the entitlement year;
(b) two weeks wages for each completed

year of services after the fifth year and
up to the tenth year;
(c) three weeks wages for each

completed year of service in excess of
ten years up to a maximum of fifty-
two weeks.
(2) For the purpose of subsection (1) termination of

employment includes termination by reasons of redundancy
and termination by reason of severance of employment.
(3) The payment of a severance or redundancy

allowance under subsection (1) shall not affect the employee’s
entitlement if any, to payment in lieu of notice under section
16.
(4) Subsection (1) shall not apply where the

employee—
(a) is summarily dismissed under section

10 or his employment is terminated
under section 9 or 11;
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(b) unreasonably refuses in case of

redundancy under section 12 to
accept an offer of re-employment by
the employer at the same place of
employment or within a radius of ten
miles therefrom under no less
favourable conditions than those such
employee enjoyed immediately prior
to the termination;
(c) is employed by a partnership and the

employment of the employee ceases
on the dissolution of the partnership,
and such employee either enters into
employment with one or more of the
partners immediately after such
dissolution, or unreasonably refuses
to accept an offer of employment by
any such person on no less favourable
terms than those such employee
enjoyed prior to the dissolution;
(d) is being retired from his employment

having attained the age of sixty years
or such other age as may be agreed
upon between the parties and is
entitled to a gratuity or pension or
both from his employer under any
law collective, labour agreement or
contract of employment whether such
entitlement is under any contributory
or non-contributory pension scheme,
excluding benefits from the National
Insurance Scheme.
Provided however that where any gratuity payable on

his retirement is less than the amount the employee would
have received under section 21 (1), the amount under section
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21 (1) shall be paid instead of the gratuity.
(5) An employer who fails to comply with the

provisions of this section shall be liable on summary
conviction to a fine of thirty-one thousand two hundred and
fifty dollars and to imprisonment for one year.
(6) Where an employer has been convicted under

this section for failing to pay severance or redundancy
allowance to an employee the court convicting him shall, in
addition to any other penalty imposed, order such employer
to pay such sum as in the opinion of the court represents the
severance or redundancy allowance.
(7) For the purpose of subsection (1) “wages”

means the basic wages excluding any allowance received by
the employee at the time of termination his employment.
Institution of 22. The Chief Labour Officer may institute or cause to

prosecutions by
be instituted any prosecution for the purpose of enforcing any
Chief Labour
Officer. of the provisions of this Act and any officer of the Department
Chief Labour Officer.
determined and all offences and penalties may be prosecuted
and enforced in the manner provided by the Summary
Jurisdiction Acts:
Provided that any order for payment or recovery of

severance or redundancy allowance shall be enforceable in
the same manner as an order for the payment of
compensation under the Summary Jurisdiction (Procedure)
c. 10:02 Act.
General 24. Any person who by an act or omission

penalty. contravenes or fails to comply with any provision of this Act
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liable to pay a fine of twenty thousand dollars and to

imprisonment for eight months.
____________________
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LABOUR ACT
CHAPTER 98:01
Act
2 of 1942
Amended by
30 of 1947
42 of 1955
39 of 1955
8 of 1956
29 of 1960
12 of 1961
4 of 1972
5 of 1974
8 of 1975
19 of 1977
22 of 1978
9 of 1984
19 of 1990
20 of 1994
19 of 1997

Pages Authorised
1 – 105 ... 1/2012
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2 Cap. 98:01 Labour
Index
of
Page
Labour (Arbitration Procedure) Regulations 43
(Reg. 19/1950, 1/1975)
Minimum Wages (Georgetown Waterfront Workers) Order 46
(O. 35/1943)
Minimum Wages (Cinema Employees) Order 48
(O. 60/1956, 8/1966A Reg. 86/81, 1/1982)
Minimum Wages (Security Guards) Order 50
( O. 24/1961, 37/1964, 39/1975, 83/1981, 32/1987, 39/1989,
27/1993, 18/2008)
Minimum Wages (Laundry Employees) Order 52
(O. 28/1962, 37/1964, 39/1975, 83/1991 )
Minimum Wages (Quarry Workers) Order 56
(O. 32/1966A)
Minimum Wages (Employees At Petrol Filling Station) Order 58
(O. 95/1977), 46/1988, 12/1994, 13/1996, 23/1997, 18/1999,
34/2002, 40/2005, 19/2008)
Minimum Wages (Mechanical Transport Employees) Order 62
(O. 14/1996)
Minimum Wages (Shirt and Garment Workers) Order 64
(O. 93/1960, 20/1961, 31/1962, 49/1987, 58/1989,14/1994
11/1996, 15/1997, 21/1999, 40/2000, 37/2002)
Minimum Wages (Employees In Groceries) Order 67
(O. 3/1966A, 8/1984, 43/1987, 52/1989, 24/1993, 16/1996,
21/1997, 23/1999,38/2000, 39/2002, 38/2005, 15/2008)
Minimum Wages (Employees In Hardware Stores) Order 69
(O. 4/1966A, 7/1984, 42/1987, 54/1989, 25/1993,
8/1996,18/1997, 22/1999, 41/2000, 38/2002, 37/2005, 14/2008)
Minimum Wages (Employees In Dry Goods Stores) Order 74
(O. 6/1966A, 5/1984, 40/1987, 53/1989, 29/1993, 10/1996,
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Labour Cap. 98:01 3
17/1997, 24/1999, 43/2000, 40/2002, 35/2005, 12/2008)

Minimum Wages (Employees In Drug Stores) Order 76
(O. 5/1966A, 6/1984, 4/1987, 60/1989, 28/1993, 12/1996,
16/1997, 25/1999, 42/2000, 4/2002, 36/2005, 13/2008)
Hours Of Work (Georgetown Waterfront Workers) Regulations 79
(Reg. 4/1942)
Hours Of Work (Hire Car Chauffeurs) Regulations 80
(Reg. 4/1992)
Laundries (Prescribed Forms) Regulations 85
(Reg. 13/1975)
Hours Of Works (Cinema Employees) Regulations 86
(Reg. 9/1953, 8/1954, 17/1956, 1/1966A, 24/1981, 1/1982)
Hours Of Work (Laundries) Regulations 92
(Reg. 4/1962, 22/1968, 9/1971, 4 of 1972)
Hours Of Work (Security Guards) Regulations 94

(Reg. 6/1975)
Labour (Statistics) Regulations 95

(Reg. 28/1953)
Laundries Records Regulations 100

(Reg. 5/1962)
Labour (Advisory Committees Procedure) Rules 104
(R. 1/1943 )
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4 Cap. 98:01 Labour
CHAPTER 98:01
LABOUR ACT
SECTION
1. Short title.
2. Interpretation.
PART I
APPOINTMENT OF CHIEF LABOUR OFFICER
3. Appointment of Chief Labour Officer and other officers and clerks.
PART II CONCILIATION
4. Powers of Minister in case of trade disputes.

5. Exclusion of Cap. 7:03.
6. Power of Minister to appoint Advisory Committee in case of existing
or apprehended trade dispute.
PART III
REGULATION OF WAGES
7. (1) Regulation of wages.

(2) Constitution.
8. (1) Order prescribing rates payable.
(5) Overtime rate.
9. (1) Procedure for making orders under section 8(1). Notice of
intention.
(2) Objections to draft order.
(3) Consideration by Minister.
(4) Formal and informal inquiries.
(5) Amendment of draft order.
(6) Formal inquiry. Appearance of persons affected.
(7) Examination of witnesses on oath.
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Labour Cap. 98:01 5
SECTION
(9) Fee to person holding formal inquiry.
9A. Minister to prescribe rates of wages in certain circumstances.
10. Record of wages to be kept.
11. (1) Conditions of employment of persons incapable of earning wages
at prescribed rates.
(2) Employee to inform employer of duration of permit.
(3) Recovery of sums short-paid to persons employed under the
preceding subsection.
12. (1) Penalty for not paying wages in accordance with prescribed or
agreed rates.
(3) Offences by agents.
(4) Saving as to employer when agent convicted.
(5) Prevention of evasion.
13. Civil proceedings by Permanent Secretary for payment of wages at
prescribed rate.
14. Appointment of officers and power of entry and inspection.
15. Agreement in contravention of this Part void.
PART IV
RIGHTS OF EMPLOYEES AND DUTIES AND OBLIGATIONS OF
EMPLOYEES
16. Duration and mode of determination of contract.

17. Rates and particulars of wages to be notified by employer to
employee.
PART V
PAYMENT OF WAGES AND DEDUCTIONS THEREFROM
18. (1) Contracts to pay wages otherwise than in money illegal.

(2) Wages to be paid entirely in money.
19. Employee’s right to recover entire amount of his wages.
20. No contract to be made with employee as to spending wages at any
particular shop, etc.
21. (1) Advances of money in anticipation of wages.
(2) Interest, discount, etc., on advances forbidden.
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6 Cap. 98:01 Labour
SECTION
22. Wages in kind.
23. Deductions from wages which are permitted.
24. Penalties.
25. Procedure for bringing actual offender before court when employer
charged.
PART VI
PROHIBITION ON PAYMENT OF WAGES IN RETAIL SPIRIT SHOP
26. Wages not to be paid within retail spirit shop.

27. Offence.
PART VII
HOURS OF WORK OF EMPLOYEES
28. Power to make regulations as to hours of work in any occupation.
PART VIIA
COLLECTIVE AGREEMENTS
28A. Collective agreements enforceable.

28B. Meaning of “collective agreement”.
28C. Regulation of terms and conditions of employment of employees in
the public sector.
PART VIII
MISCELLANEOUS
29. Abstracts of Act and regulations to be displayed by employer.

30. General powers of designated officer.
31. Certificate of appointment of Senior Labour Officer and Labour
Officer.
32. Obstruction of officer in execution of duty.
33. Offence to reveal information.
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Labour Cap. 98:01 7
SECTION
33A. Injunction not to be granted against functioning of arbitration
tribunal.
34. General power of Minister to make regulations.
35. Penalty for breach of regulations.
36. Power of Minister to make rules.
37. Extended jurisdiction.
38. Institution of prosecutions by Permanent Secretary.
39. Procedure.
41. Expenses of execution of Act. How defrayed.
42. No order for attachment of wages of certain employees.
__________________________
CHAPTER 98:01
LABOUR ACT
1953 Ed.
c. 103
_______________________________________________________
2 of 1942 An Act to provide for the establishment of a Department of

Labour, for the regulation of the relationship between
employers and employees and for the settlement of
differences between them.
[23RD JANUARY, 1942]
Short title. 1. This Act may be cited as the Labour Act.

[5 of 1974]
“contract” or “contract of service” means any agreement,
understanding, or arrangement whatever on the subject
of wages whether written or oral, whether direct or
indirect, to which any employer and any employee are
parties, or are assenting, or by which they are mutually
bound to each other;
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8 Cap. 98:01 Labour
“complaint” means a complaint or information under the

Summary Jurisdiction Acts;
“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;
“money” means legal tender notes and legal tender coins

c. 85:02 within the meaning of the Bank of Guyana Act;
“occupation” includes agriculture, business, commerce,

industry and trade;
“trade dispute” means any dispute between employers and

workmen, or between workmen and workmen, which is
connected with the employment or non-employment, or
terms of the employment, or with the conditions of
labour, of any person;
“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.
(2) Every reference in this Act to a Labour Officer

shall include a reference to a person employed as an
Agricultural Assessor in the Ministry.
PART I
APPOINTMENT OF CHIEF LABOUR OFFICER AND
STAFF
Appointment 3. (1) There shall be a Chief Labour Officer, a Deputy

of Chief Labour Chief Labour Officer, an Assistant Chief Labour Officer, and
Officer and
such number of Senior Labour Officers and Labour Officers as
other officers
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Labour Cap. 98:01 9
and clerks. may be necessary.

[12 of 1967]
(2) There shall also be such officers and clerks

in the Department of the Chief Labour Officer as may be
required.
(3) The Deputy Chief Labour Officer and the

Assistant Chief Labour Officer shall act as assistants generally
to the Chief Labour Officer in the performance of his duties.
(4) In the absence of the Chief Labour Officer, the

Deputy Chief Labour Officer or, in his absence, the Assistant
Chief Labour Officer shall have all the powers and may
perform all the duties of the Chief Labour Officer.
(5) The Senior Labour Officers and Labour Officers

and the officers and clerks shall perform such duties as may
be assigned to them by the Chief Labour Officer.
PART II
CONCILIATION
Powers of 4. (1) Where a difference exists or is apprehended

Minister in case between an employer or any class of employers, and
of trade
employees, or between different classes of employees, the
disputes.
[8 of 1975] Minister may, if he thinks fit, exercise all or any of the
following powers, namely—
(a) inquire into the causes and

circumstances of the difference;
(b) take such steps as to him may seem

expedient for the purpose of
promoting a settlement of the
difference;
(c) with the consent of both parties to the
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10 Cap. 98:01 Labour
difference, or of either of them, or

without their consent, refer the matter
for settlement to the arbitration of an
arbitration tribunal consisting of one
or more persons appointed by the
Minister except that the Minister shall
not refer a difference for settlement to
arbitration otherwise than with the
consent of both parties to the
difference, unless he notifies the
parties that he is satisfied that the
continuance of the difference is likely
to be gravely injurious to the national
interest.
(2) If a tribunal is so appointed, it shall inquire into

the causes and circumstances of the difference by
communication with the parties and otherwise shall
endeavour to bring about a settlement of the difference,
including the making of its award as required by this section,
and shall report its proceedings to the Minister.
(3) If a settlement of the difference is effected either

under subsection (1)(b) or by arbitration upon a reference
made with the consent of both parties to the difference, a
memorandum of the terms thereof shall be drawn up and
signed by the parties or their representatives, and a copy
thereof shall be delivered to and kept by the Minister.
(4) With respect to any reference to arbitration

otherwise than with the consent of both parties to the
difference, the following provisions of this subsection shall
apply—
(a) upon the appointment of the

tribunal, the Minister shall furnish
the tribunal with its terms of reference
containing a statement of the causes
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Labour Cap. 98:01 11
and circumstances of the difference

between the parties into which the
tribunal is required to inquire;
(b) the tribunal shall, in respect of any

matter referred to it, make its award
thereon as soon as practicable and
every award so made shall be
notified by the tribunal to the
Minister and to the parties to the
difference except that if the Minister
so requests the tribunal shall as soon
as conveniently possible make an
interim award with respect to any
matter referred to it;
(c) the award made by the tribunal shall

be binding on the parties to whom it
relates and as from the date of such
award or as from such other date
having retrospective effect as may be
specified therein it shall be an implied
term of the contract between the
employer and employees to whom
the award relates that the rate of
wages to be paid and the conditions
of employment to be observed under
the contract shall be in accordance
with such award until varied by a
subsequent agreement or award.
(5) Any employer who fails to comply with an

award made by a tribunal in pursuance of a reference made to
it otherwise than with the consent of both parties to the
difference, is liable on summary conviction to a fine of one
thousand dollars, and in the case of a continuing offence to a
further fine of one hundred dollars for each day on which the
offence continues.
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(6) A copy of the award of a tribunal certified by

the Permanent Secretary shall be conclusive evidence in all
courts of the terms of the award therein contained.
(7) In subsection (4)(c) and in subsections (5) and

(6) the expression ‚award‛ includes an interim award.
Exclusion of c. 5. (1) The Arbitration Act shall not apply to the

7:03 settlement by arbitration of any difference or dispute under
section 4 of this Act.
(2) The Minister may make regulations for the

conduct of arbitration proceedings under section 4.
Power of 6. (1) Where any trade dispute exists or is

Minister to apprehended the Minister may, if he thinks fit, refer any
appoint
matters appearing to him to be connected with, or relevant to,
Advisory
Committee in such dispute or apprehended dispute to an Advisory
case of existing Committee appointed by him for the purpose of such
or reference, and the Committee shall inquire into the matters
apprehended
referred to it and shall report thereon and make such
trade dispute.
recommendations as it may deem expedient to the Minister.
(2) An Advisory Committee shall consist of a

chairman and such number of members as the Minister may
deem expedient.
PART III
REGULATION OF WAGES
Regulation of 7. (1) Whenever the Minister deems it expedient that

wages steps should be taken to regulate the wages paid in any
occupation in Guyana or any part thereof he may appoint an
Advisory Committee to investigate the conditions of
employment in such occupation and to make
recommendations as to the minimum rates of wages which
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should be payable.
Constitution. (2) The Advisory Committee shall include

representatives of employers and employees and such
other members as the Minister may deem fit.
Order 8. (1) On considering the recommendations of the

prescribing Committee the Minister may, subject to negative resolution of
rates payable.
the National Assembly, make an order prescribing the
minimum rates of wages payable.
(2) The order may prescribe time-rates, piece-rates

and overtime rates, or any of them.
(3) When a rate of wage is prescribed in respect of

a part of Guyana the boundaries thereof shall be set out in the
order.
(4) Any such rate as aforesaid or the revocation or

variation of any such rate shall become effective on the date
on which the order is published in the Gazette or on such
earlier or later date as is specified in that behalf in the order:
Provided that—
(a) no date earlier than that on which

the order is published in the Gazette
shall be specified in any order under
this subsection unless the Minister is
satisfied that the circumstances of the
case are such as to justify specially
favourable treatment; and
(b) no date shall be so specified which is

more than one month anterior to the
date on which the order is published
in the Gazette.
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Overtime rates. (5) The expression “overtime rate” means a rate

(whether a time-rate or a piece-rate) to apply, in substitution
for the prescribed rate which would otherwise be
applicable, in respect of hours worked by an employee in
any week or on any day in excess of the number of hours
declared in regulations made by the Minister under this Act
to be the normal number of hours per week or for that day in
the occupation.
Procedure for 9. (1) Before the Minister makes an order under

making orders section 8(1) or (3), he shall, in such manner as he thinks best
under s. 8(1).
adapted for informing persons affected, cause to be published
Notice of
intention. notice of his intention to make the order, of the place where
copies of the draft order may be obtained, and of the time,
which shall not be less than thirty days, within which any
objection made with respect to the draft order must be sent to
the Minister.
Objections to (2) Every objection must be in writing, and must

draft order. state –
(a) the specific grounds of objection; and
(b) the omissions, additions or

modifications asked for.
Consideration (3) The Minister shall consider any objection which

by Minister. is made by or on behalf of any persons appearing to him to be
affected and which is sent to him within the time fixed in that
behalf.
Formal and (4) Before confirming the draft order the

informal Minister—
inquiries.
(a) may appoint a competent person to

hold an inquiry with regard to any
draft order and to report to him
thereon; or
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(b) may make such other or further

inquiries as he deems necessary either
through the medium of the Advisory
Committee or otherwise.
Amendment of (5) After considering all the objections made

draft order. and the report of any inquiry held or made under the
foregoing provisions of this section, the Minister may, if he
thinks fit, amend the draft order.
Formal inquiry. (6) On an inquiry held under subsection (4)(a), the

Appearance of Permanent Secretary or any other officer appointed by the
persons
Minister in that behalf and any objector or other person who
affected.
appears to the person holding the inquiry to be affected or the
agent of such objector or other person may appear at the
inquiry.
Examination of (7) The witnesses at such inquiry may, if the

witnesses on person holding it thinks fit, be examined on oath, which oath
oath.
that person is hereby authorised to administer.
(8) Subject as aforesaid, the inquiry and all

proceedings preliminary and incidental thereto shall be
conducted in accordance with regulations made by the
Minister.
Fee to person (9) The fee to be paid to the person holding the
holding formal inquiry shall be such as the Minister may direct, and shall be
inquiry.
deemed to be part of the expenses of the Ministry in the
execution of this Part.
Minister to 9A. The Minister, whenever he deems it expedient,

prescribe rates having regard to the special circumstances of any particular
of wages in
certain
class of employees in any occupation and to any
circumstances. representations made to him by the employees and their
[22 of 1978] employer that steps should be taken to regulate the wages in
any such occupation, may, without appointing an Advisory
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Committee under section 7, make an Order which shall be

subject to negative resolution of the National Assembly
prescribing the minimum rates of wages payable and he shall
have like powers for the purpose of making an Order under
this section as are conferred on him by section 8 (except
subsection (1) thereof), and section 9 shall also not apply to an
order made by the Minister under this section by virtue of the
application of section
8(3).
Record of 10. It shall be the duty of every employer in an

wages to be occupation in respect to which rates of wages have been
kept.
prescribed to keep such records of wages as are necessary to
[4 of 1972
20 of 1994] show that the provisions of this Part are being complied with
in respect of persons in his employment, and if he fails to do
so he shall be liable on summary conviction in respect of each
offence to a fine of fifteen thousand, six hundred and twenty-
five dollars, and also to a fine of six hundred and twenty-five
dollars for every day during which the default continues after
conviction.
Conditions of 11. (1) If, on application in that behalf, the Permanent

employment of Secretary is satisfied that any employee employed or desiring
persons
to be employed in any occupation on time-work to which a
incapable of
earning wages prescribed rate is applicable is affected by any infirmity or
at prescribed physical injury which renders him incapable of earning that
rates. prescribed rate, the Permanent Secretary may, if he thinks fit,
grant to the employee, subject to such conditions, if any, as
he may prescribe, a permit exempting the employment of the
employee from the provisions of this Part relating to the
payment of wages at less than the prescribed rate, and while
the permit is in force the employer shall not be liable to any
penalty for paying wages to the employee at a rate less than
the prescribed rate so long as the conditions prescribed by the
Permanent Secretary on the grant of the permit are complied
with.
Employee to (2) Where the duration of any permit granted to an

inform
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employer of employee under subsection (1) is limited the employee shall

duration of
give written notice to the employer of the date on which the
permit.
permit is due to expire.
Recovery of (3) Where a permit granted in respect of an

sums short- employee under subsection (1) contains a condition for the
paid to persons
payment of wages to the employee at a rate not less than the
employed
under the rate therein specified, the amount of wages that may be
preceding recovered from an employer of the employee pursuant to
subsection. section 12(2) shall as respects any period during which the
permit had effect, be calculated on the basis of the rate so
specified instead of on the basis of the prescribed rate.
Penalty for not 12. (1) Where in any occupation rates of wages have
paying wages been prescribed an employer shall in cases to which the
in accordance
with pre-
prescribed rate is applicable pay wages to the person
scribed or employed at not less than such rate clear of all deductions
agreed rates. save as in this Act prescribed and if he fails to do so he shall
[42 of 1955 be liable on summary conviction to a fine of fifteen thousand,
4 of 1972
20 of 1994]
six hundred and twenty-five dollars and on a second or
subsequent conviction to a fine of forty-six thousand, eight
hundred and seventy-five dollars.
(1A) Where in any occupation rates of wages have

not been prescribed, an employer shall pay wages to the
person employed at the rate agreed upon between them, and
if the employer fails to do so, he shall be liable on summary
conviction to a fine of fifteen thousand, six hundred and
twenty-five dollars, and on a second or subsequent conviction
to a fine of forty-six thousand, eight hundred and seventy-
five dollars.
(2) Where an employer has been convicted under

this section for failing to pay wages at not less than the
prescribed or agreed rate to any employee, then, if notice of
intention so to do has been served with the summons or
warrant, evidence may be given of any failure on the part of
the employer to pay wages at not less than the prescribed or
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agreed rate to that employee at any time during the two years
immediately preceding the date on which the information
was laid or the complaint made, and on proof of the failure
the court shall, by the conviction, order the employer to pay
such sum as in the opinion of the court represents the
difference between the amount which, having regard to the
provisions of this Part, ought properly to have been paid to
the employee by way of wages during the said period and the
amount actually so paid:
Provided that the power to order the payment of wages

under this subsection shall not be in derogation of any right
of the person employed to recover wages by any other
proceedings.
Offences by (3) Where an offence for which an employer is by

agents. virtue of this Part liable to a fine has in fact been committed
by some agent of the employer or other person, that agent or
other person shall be liable to be proceeded against for the
offence in the same manner as if he were the employer, and
either together with or before or after the conviction of the
employer, and shall be liable on conviction to the same
punishment as that to which the employer is liable.
Saving as to (4) Where an employer who is charged with an

employer when offence against this Part proves to the satisfaction of the court
agent that he has used due diligence to enforce the execution of this
convicted.
Part, and that the offence was in fact committed by his agent
or some other person without his knowledge, consent or
connivance, he shall, in the event of the conviction of that
agent or other person for the offence, be exempt from any fine
in respect of the offence, without prejudice, however, to the
power of the court under subsection (2) to adjudge him to pay
any sum which appears to the court to be due to the person
employed on account of wages.
Prevention of (5) Any shopkeeper, dealer, or trader, who by

evasion. way of trade makes any arrangement, express or implied,
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with any employee in pursuance of which the employee

performs any work for which a prescribed rate of wages has
been fixed, shall be deemed for the purposes of this Part to be
the employer of the employee, and the net remuneration
obtainable by the employee in respect of the work after
allowing for his necessary expenditure in connection with the
work shall be deemed to be wages.
(6) Where the immediate employer of any

employee to whom a prescribed rate of wages applies is
himself in the employment of some other person, and that
employee is employed on the premises of that other person,
that other person shall for the purposes of this section be
deemed to be the employer of the employee jointly with the
immediate employer.
(7) On any prosecution of a person for failing

to pay wages at not less than the prescribed or agreed rate, it
shall lie on that person to prove by the production of the
proper wages sheets or other records of wages or otherwise
that he has not paid wages at less than the prescribed or
agreed rate.
Civil 13. Where it appears to the Permanent Secretary, or to

proceedings by any officer appointed under this Part or to any officer of any
Permanent
Government Department for the time being assisting in
Secretary for
payment of carrying this Part into effect, that any sum is due by an
wages at employer to an employee by reason of the fact that wages
prescribed rate. have been paid to that employee at less than the prescribed
[12 of 1967]
rate applicable, and that it is not possible to recover the sum
so appearing to be due, or some part of that sum, by means of
proceedings under section 12, the Permanent Secretary, or
that officer, if he is authorised in that behalf by special or
general directions of the Permanent Secretary, may, if it
appears expedient so to do by reason of the refusal or neglect
of the employee to take the necessary proceedings, on behalf
of and in the name of the employee, institute civil
proceedings before any court of competent jurisdiction for the
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recovery of the said sum:
Provided always that the court before which any

such civil proceedings are instituted by the Permanent
Secretary or by any such officer as aforesaid shall have the
same power to make an order for the payment of costs by the
Permanent Secretary or officer as if the Permanent Secretary
or officer were a party to the proceedings.
Appointment 14. (1) The Minister may appoint such officers as he

of officers and may think necessary for the purpose of investigating any
power of entry
and inspection.
complaints and otherwise securing the proper observance of
[12 of 1967 the provisions of this Part.
19 of 1977]
(2) Any such officer shall have power to enter at
any hour of the day or night upon the premises of any
employer in an occupation to which a prescribed rate is
applicable and to require the production of wages sheets or
other record of wages by any such employer and to inspect
and examine the same and copy any material part thereof.
(3) If any person on being required to do so by any

such officer fails or refuses to produce any wages sheet or
other record of wages, that person shall be liable on summary
conviction in respect of each offence to a fine of one hundred
dollars; and if any person makes or causes to be made or
knowingly allows to be made any wages sheet or record of
wages or record of payments which is false in any material
particular or produces or causes to be produced or knowingly
allows to be produced any such sheet or record to any officer
acting in exercise of the powers given by this section knowing
the same to be false, he shall be liable on summary conviction
to a fine of two hundred dollars or to imprisonment for three
months.
(4) The Chief Labour Officer, the Deputy Chief

Labour Officer and the Assistant Chief Labour Officer shall,
without further appointment, be officers for the purposes of
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subsection (1).
Agreement in 15. Any agreement for payment of wages in

contravention contravention of this Part shall be void.
of this Part
void.
PART IV
RIGHTS OF EMPLOYEES AND DUTIES AND
OBLIGATIONS OF EMPLOYERS
Duration and 16. Every contract shall be terminated by the death of

mode of the employee:
determination
of contract.
[20 of 1994 Provided that such termination shall be without
19 of 1997] prejudice to the legal claims of his heirs, dependants or
personal representatives.
Rates and 17. (1) Where an employer offers any work to an

particulars of employee, he shall inform him, either at the time of the offer
wages to be
notified by
or as soon thereafter on the same day as may be practicable,
employer to whether he is to be paid for his services by the task or by the
employee. day, and at what rate for the task or day, as the case may be.
(2) Upon the payment to an employee of his

wages, an employer shall inform the employee of the
particulars of such wages in so far as such particulars may be
subject to any change.
PART V
PAYMENT OF WAGES AND DEDUCTIONS
THEREFROM
Contracts to 18. (1) Except where otherwise permitted by this

pay wages Part, in every contract for the hiring of any employee or for
otherwise than
the performance by any employee of any labour, the wages of
in money
illegal. such employee shall be payable in money only, and not
[8 of 1960] otherwise, and if in any such contract the whole or any part
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of such wages is payable in any manner other than in

money, such contract shall be and is hereby declared illegal,
null and void.
Wages to be (2) Except where otherwise permitted by this Part,

paid entirely in the entire amount of the wages earned by or payable to any
money. employee in respect of any work done by him shall be
actually paid to him in money and not otherwise.
(3) Except where there is an agreement to the

contrary, wages shall be paid at weekly, fortnightly or
monthly intervals as the case may be.
(4) Where the payment of wages is made in

money such payment shall be made on working days only,
and at or near the work place except where there exist more
appropriate arrangements.
Employee’s 19. Every employee shall be entitled to recover from

right to recover his employer the whole or so much of the wages earned by
entire amount
of his wages.
such employee, exclusive of sums lawfully deducted in
accordance with this Part, as shall not have been actually paid
to him by his employer in money.
No contract to 20. No employer shall, directly or indirectly, by

be made with himself or his agent, impose as a condition, express or
employee as to
spending
implied, in or for the employment of any employee, any terms
wages at any as to the place at which, or the manner in which, or the
particular shop, person with whom, any wages or portion of wages paid or
etc. payable to the employee are or is to be expended, and no
employer shall by himself or his agent dismiss any employee
from his employment for or on account of the place at which,
or the manner in which, or the person with whom, any wages
or portion of wages paid or payable by the employer to such
employee are or is to be expended or fail or fails to be
expended.
Advances of 21. (1) Subject to this Part, an employer may make

money in
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anticipation of advances of money to his employee in anticipation of the

wages.
regular period of payment of his wages.
Interest, (2) Whenever any advance of money is made by an

discount, etc., employer to an employee, it shall not be lawful for the
on advances
employer to make any deduction in respect of such advance
forbidden.
on account of poundage, discount, interest, commission, or
any similar charge.
Wages in kind. 22. (1) Subject to subsection (2), in any occupation in

[20 of 1994]
which the partial payment of wages in the form of allowances
in kind is customary or desirable because of the nature of
such occupation, nothing contained in this Part shall render
illegal a contract with an employee for giving to him food,
drink, a house, cottage, tenement or room, or other
allowances or privileges in addition to money wages as a
remuneration for his services, the payment of wages in the
form of liquor of high alcoholic content or of noxious drugs
not being permitted in any circumstances.
(2) No employer shall give to an employee any

allowance in kind unless—
(a) the employee requests such allowance

on the basis that it is appropriate for
his personal use and benefit or that of
his family; and
(b) the value attributed to such allowance

is fair and reasonable and has been
agreed upon by the employer and
employee.
Deduction 23. Nothing contained in this Part shall extend, or be

from wages construed to extend, to prevent any employer or agent of such
which are
permitted.
employer, from making, or contracting to make, any stoppage
or deduction from the wages of any employee for or in
respect of—
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(a) any unpaid rent of any land, house,

cottage, tenement or room demised or
let by the employer to the employee;
or
(b) any grazing fee due by the

employee to the employer; or
(c) any medicine or medical attendance

supplied by the employer to the
employee at the latter’s request; or
(d) the actual or estimated cost to the

employer of any materials, tools and
implements supplied by the employer
to the employee at the latter’s request
to be employed by him in his
occupation; or
(e) any victuals supplied by the

employer to the employee at the
latter’s request; or
(f) the actual or estimated cost to the

employer of any goods supplied by
the employer to the employee for the
personal use of the employee; or
(g) any money advanced by the

employer to the employee (whether
paid to the employee himself or to
some other person at his request), in
anticipation of the regular period of
payment of his wages:
Provided that the total amount which may be stopped or

deducted from the wages of an employee in any one month
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under this paragraph shall not exceed one-third of the wages

of the employee in that month.
Penalties. 24. If any employer or his agent contravenes or

[4 of 1972 fails to comply with any of the provisions of this Part, such
20 of 1994]
employer or agent, as the case may be, shall be liable on
summary conviction to a fine of six thousand, two hundred
and fifty dollars for the first offence, to a fine of fifteen
thousand, six hundred and twenty-five dollars for the second
offence, and in case of a third or subsequent offence, to a fine
of forty-six thousand, eight hundred and seventy- five
dollars.
Procedure for 25. (1) Where an employer is charged with an offence

bringing actual against this Part, he shall be entitled, upon information duly
offender before
laid by him, to have any other person whom he charges as the
court when
employer actual offender brought before the court at the time appointed
charged. for hearing the charge, and if, after the commission of the
offence has been proved, the employer proves to the
satisfaction of the court that he had used due diligence to
enforce the execution of this Part, and that the said other
person had committed the offence in question without his
knowledge, consent or connivance, the said other person shall
be summarily convicted of such offence, and shall be liable to
the same penalty as that to which the employer, if convicted,
would have been liable and the employer shall be exempt
from any penalty.
(2) When it is made to appear to the satisfaction

of the Permanent Secretary, at the time of discovering the
offence, that the employer had used due diligence to enforce
the execution of this Part, and also by what person such
offence had been committed, and also that it had been
committed without the knowledge, consent, or connivance of
the employer, then the Permanent Secretary shall proceed
against the person whom he believes to be the actual
offender in the first instance without first proceeding against
the employer.
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PART VI
PROHIBITION OF PAYMENT OF WAGES IN RETAIL
SPIRIT SHOPS
Wages not to 26. No wages shall be paid to any employee at or

be paid within
within any retail spirit shop, tavern or place for the sale of
retail spirit
shop. any spirits, rum, wine, beer or other spirituous or fermented
liquor, or any office, or place belonging thereto or occupied
therewith, save and except such wages as are paid by the
resident owner or occupier of such retail spirit shop, tavern or
place to any employee bona fide employed by him.
Offence. 27. Every person who contravenes or fails to comply

[20 of 1994]
with or permits any person to contravene or fail to comply
with any of the provisions of the preceding section shall be
liable on summary conviction to a fine of six thousand, two
hundred and fifty dollars for each offence.
PART VII
HOURS OF WORK OF EMPLOYEES
Power to make 28. (1) The Minister may make regulations prescribing
regulations as
the number of hours which may normally be worked by an
to hours of
work in any employee in any week or on any day in any occupation,
occupation. and the time to be allowed by an employer to his employee
[19 of 1990] for his meals.
(2) In any such regulations the prescribed

number of hours may vary—
(a) in respect of different periods of the

year;
(b) according to the season, where the

carrying on of an occupation is
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influenced by seasons;
(c) in respect of different branches or

processes of an occupation;
(d) in respect of adults, children of or

under the age of fourteen years,
and young persons over the age of
fourteen years and under the age of
sixteen years; and
(e) in respect of different parts of

Guyana.
(3) This section shall not apply to a shop assistant

c. 91:04 as defined in section 2 of the Shops Act.
PART VIIA
COLLECTIVE AGREEMENTS
Collective 28A. (1) Every collective agreement which—

agreements
enforceable.
(a) is made in writing on or after the date
[9 of 1984]
on which this section comes into
operation; and
(b) does not contain a provision which

(however expressed) states that the
agreement or part of it is intended not
to be legally enforceable,
shall be conclusively presumed to be intended by the parties

to it to be a legally enforceable contract and with effect from
the date specified for that purpose in subsection (3) the
collective agreement shall, in so far as its provisions are not
inconsistent with the other provisions of this Act or the
provisions of any other written law, be binding on, and
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enforceable by or against, the parties to it and, where any

such party is an organisation, all the persons who are
members of that organisation on the date on which the
collective agreement is made and all those who become
members of that organisation after that date.
(2) Where a collective agreement referred to in

subsection (1)(a) contains a provision which (however
expressed) states that a part of the agreement specified in that
provision is intended not to be legally enforceable, the
collective agreement with the exception of that part shall be
conclusively presumed to have been intended by the parties
to it to be a legally enforceable contract and with effect from
the date specified for that purpose in subsection (3) the
collective agreement, with the exception of that part, shall, in
so far as its provisions are not inconsistent with the other
provisions of this Act or the provisions of any other written
law, be binding on, and enforceable by or against, the parties
to it and, where any such party is an organisation, all the
persons who are members of that organisation on the date on
which the collective agreement is made and all those who
become members of that organisation after that date.
(3) The date with effect from which a collective

agreement referred to in subsection (1)(a) or part of such
collective agreement shall be legally enforceable under
subsection (1) or subsection (2), as the case may be, shall be
the date specified therefor in the collective agreement or, if no
such date is specified, the date on which the collective
agreement is signed by all the parties thereto or their
representatives or, if the collective agreement is signed by
the parties thereto or their representatives on different dates
the last of the dates on which any of such parties or their
representatives signed the collective agreement.
(4) A copy of every collective agreement referred

to in subsection (1)(a) signed by the parties thereto or their
representatives shall be presented to the Chief Labour Officer
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by all or any of such parties or representatives as soon as may

be possible, and in any case not later than three months after
it is made and the Chief Labour Officer shall keep it in his
office:
Provided that the validity or enforceability of the

collective agreement shall not be affected by the non-
presentation of the collective agreement to the Chief Labour
Officer under this subsection.
(5) Where a copy of a collective agreement is

presented to the Chief Labour Officer under subsection (4) by
only one or some of the parties thereto or their representatives
the Chief Labour officer shall issue notice, in the prescribed
form, of the presentation of the collective agreement to the
parties who, or whose representatives, did not join in
presenting the collective agreement to him.
(6) Where one of the parties to a collective

agreement referred to in subsection (1)(a) is a trade union
recognised by any employer, who or any organisation of
which he is a member is a party thereto, as sole bargaining
agent in respect of all his employees or any class of his
employees, the collective agreement shall be binding also on,
and enforceable also by or against, every one of his
employees, or every one of that class of his employees, as the
case may be, who are not members of the trade union, to the
same extent to which it would have been binding on, or
enforceable by or against, those employees if they were
members of the trade union.
(7) A member of any organisation which is a party

to any collective agreement, a copy of which has been
presented to the Chief Labour Officer under subsection (4),
shall be entitled to examine it or make extracts from it during
the normal working hours of the office of the Chief Labour
Officer on any working day and every person on whom the
collective agreement is binding shall be entitled to obtain a
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copy of it on payment of such fees as may be prescribed by

the Minister by regulations.
(8) In this section reference to member of an

organisation includes, in the case of an organisation of which
any other organisation is a member, reference to every
member of that other organisation.
(9) Where a copy of any collective agreement, a

copy of which is required by subsection (4) to be presented
to the Chief Labour Officer, is not presented to the Chief
Labour Officer before the expiry of the period specified
therefor by that subsection, each of the persons who signed
the collective agreement shall be liable on summary
conviction to a fine of five hundred dollars and also to a fine
of fifty dollars for every day during which the failure to so
present the collective agreement to the Chief Labour Officer
continues.
Meaning of 28B. (1) In this Act “collective agreement” means any

“collective agreement or arrangement which for the time being is
agreement”.
[9 of 1984]
subsisting and—
(a) is an agreement or arrangement

made (in whatever way and in
whatever form) by or on behalf of one
or more organisations of employees
and either one or more employers,
one or more organisations of
employers, or a combination of one or
more employers and one or more
organisations of employers; and
(b) is either an agreement or arrangement

prescribing (wholly or in part) the
terms and conditions of employment
of employees of one or more
descriptions, or an agreement or
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arrangement relating to one or more

of the procedural matters specified
in subsection (2), or both.
(2) The procedural matters referred to in

subsection (1)(b) are—
(a) machinery for consultation with

regard to, or for the settlement by
negotiation or arbitration of, terms
and conditions of employment;
(b) machinery for consultation with

regard to, or for the settlement by
negotiation or arbitration of, other
questions arising between an
employer or group of employers and
one or more employees or
organisations of employees;
(c) negotiating rights;
(d) facilities for officials of trade unions

or other organisations of employees;
(e) procedures relating to dismissal;
(f) procedures relating to matters of

discipline other than dismissal;
(g) procedures relating to grievances of

individual employees.
Regulation of 28C. (1) The Trades Union Congress and the

terms and Government may, in relation to employees in the public
conditions of
sector generally or in relation to any class of employees in the
employment of
employees in public sector, make an agreement or arrangement in writing
the public with respect to any of the matters in respect of which a
sector.
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[9 of 1984] collective agreement may be made.
(2) Any agreement or arrangement made by the

Trades Union Congress and the Government under
subsection (1) shall, in so far as its provisions are not
inconsistent with the other provisions of this Act but
notwithstanding anything contained in any other written
law or contract or award of any arbitrator or arbitration
tribunal, be binding on every employee, in relation to whom
the agreement or arrangement is made, and his employer and
be enforceable by or against each such employee or his
employer, with effect from the date specified for that purpose
in the agreement or arrangement or, if no such date is
specified, with effect from the date on which the agreement or
arrangement is signed by all parties thereto or their
representatives or if the agreement or arrangement is signed
by the parties thereto or their representatives on different
dates, the last of the dates on which any of such parties or
representatives signed the agreement or arrangement.
(3) An agreement or arrangement made by the

Trades Union Congress and the Government under
subsection (1) may contain a provision stating that the
agreement or arrangement or part thereof is intended not to
be legally enforceable and—
(a) where the provision states that the

whole of the agreement or
arrangement is intended not to be
legally enforceable, subsection (2)
shall not apply to the whole of the
agreement or arrangement; and
(b) where the provision states that part

of the agreement or arrangement is
intended not to be legally enforceable,
subsection (2) shall not apply to that
part but shall apply to the remaining
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part of the agreement or arrangement.
(4) An agreement or arrangement made under

subsection (1) shall be published by the Government in the
Gazette as soon as may be possible after it is signed by all
the parties thereto or their representatives:
Provided that the validity or enforceability of the

agreement or arrangement shall not be affected by its non-
publication in the Gazette.
(5) Where in relation to the same employee a

collective agreement to which section 28A applies and an
agreement or arrangement made under subsection (1) are in
force, and the provisions of the collective agreement in regard
to any matter, being provisions which are intended to be
legally enforceable, are in conflict with the provisions of the
agreement or arrangement made under subsection (1) in
regard to that matter, also being provisions which are
intended to be legally enforceable, the provisions of the
agreement or arrangement made under subsection (1) in
regard to that matter shall prevail.
(6) The Trades Union Congress and a public sector

employer may, in relation to the employees employed by or
in the service of the public sector employer or any class of
such employees, make an agreement or arrangement in
writing with respect to any of the matters in respect of which
a collective agreement may be made and the other provisions
of this section, excluding subsection (1), shall mutatis mutandis
apply to, and in relation to, the agreement or arrangement so
arrived at subject to the modification that for every reference
therein to an agreement or arrangement made by the Trades
Union Congress and the Government under subsection (1)
there shall be substituted a reference to the agreement or
arrangement made under this subsection.
(7) In this section—
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(a) “award” includes an interim award;
(b) “employee in the public sector”

means an employee employed by or
in the service of a public sector
employer;
(c) “public sector employer” means—
(i) the Government;

(ii) any public corporation, or any
other corporate body in which
the controlling interest vests in
the State or in any agency on
behalf of the State.
PART VIII
MISCELLANEOUS
Abstracts of 29. (1) Every employer shall display, or cause to be

Act and displayed, and shall keep displayed, at some conspicuous
regulations to
be displayed by
place on his premises, a notice containing such provisions of
employer. this Act and of any regulations or orders made thereunder, as
[39 of 1956] may be prescribed by the Minister.
(2) The employer shall at all times keep the notice

in such condition and position that it can easily be read by his
employees.
(3) If any employer contravenes any of the

requirements of this section he shall be liable on summary
conviction to a fine of one hundred dollars.
General powers 30. (1) Any officer of the Labour Department

of designated
designated for the purposes of this section by the Minister (in
officer.
[8 of 1960 this section referred to as a designated officer) is empowered
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12 of 1967 and authorised—

4 of 1972
19 of 1977
20 of 1994] (a) whenever he has reasonable cause to
believe that labour is employed in any
premises, to enter, inspect and
examine such premises and every
part thereof 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;
(b) 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;
(c) 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 and, in
particular to—
(i) interrogate, alone or in the

presence of witnesses, the
employer or the staff of the
undertaking on any matters
concerning the application of
any such law or to apply for
information to any other person
whose evidence he may
consider necessary:
Provided that no person shall

be required under this
subparagraph to answer any
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question, or to give any

evidence, tending to
incriminate himself;
(ii) require the production of any

books, registers or other
documents, the keeping of
which is prescribed by any law
relating to conditions of work,
in order to see that they are in
conformity with such law and
to copy such documents or
make extracts from them or
remove them to his office:
Provided that notice in writing

to produce these books,
registers or other documents
has been served on the
employer at least five days in
advance;
(iii) enforce the posting of notices

required by any law; and
(iv) take or remove for purposes of
analysis samples of materials
and substances used or
handled, subject to the
employer or his representative
being notified of any samples
or substances taken or removed
for this purpose;
(d) to require from employers generally

returns giving information as to the
wages, hours and conditions of work
of their employees; and
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(e) to inspect the register of accidents

kept in pursuance of section 3 of the
Accidents and Occupational Diseases
c. 99:06 (Notification) Act and to obtain and to
require from an employer information
as to the causes and circumstances
relating to any accident that may have
occurred on the employer’s premises.
(2) A designated officer shall, when on an

inspection visit, notify the employer or his representative of
his presence, unless he considers that such notification may
be prejudicial to the performance of his duties.
(3) Every employer shall grant to his workers and

their representatives every facility for communicating freely
with the designated officer when on a visit of inspection.
(4) Any person who without good and sufficient

cause—
(a) fails on application being made to

him in writing to furnish to any
designated officer any information or
any returns specified in subsection (1)
or to produce any books, registers or
other documents required by a
designated officer under and in
accordance with subsection (1);
(b) fails to grant to his workers every

facility for communicating freely with
any designated officer on a visit of
inspection, shall be liable on summary
conviction to a fine of thirty-one
thousand, two hundred and fifty
dollars; and any person who
knowingly furnishes or allows to be
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furnished to a designated officer or

other officer any information, return,
book, register or document which is
false in any material particular, shall
be liable on summary conviction in
respect of each offence to a fine of
sixty-two thousand, five hundred
dollars and to imprisonment for three
months.
Certificate of 31. (1) Every Senior Labour Officer or Labour Officer

appointment of
appointed under section 3(1) shall be furnished with a
Senior Labour
Officer and certificate of his appointment in the prescribed form.
Labour Officer.
[8 of 1960] (2) When visiting any premises in the execution of
his duty under this Act, every Senior Labour Officer and
Labour Officer shall, if required so to do, produce the said
certificate to the employer or his representative.
Obstruction of 32. Any person who hinders, molests or obstructs any

officer in
officer in the execution of his duty under this Act shall be
execution of
duty. liable on summary conviction to a fine of three hundred
dollars or to imprisonment for three months.
Offence to 33. (1) The Chief Labour Officer, Deputy Chief

reveal
Labour Officer or Assistant Chief Labour Officer and every
information.
[8 of 1960 Senior Labour Officer or Labour Officer shall, even after
29 of 1961 leaving the public service, maintain secrecy concerning any
12 of 1967] manufacturing or commercial secrets or working processes
which may come to his knowledge in the course of his duties.
(2) Every person who wilfully acts in

contravention of this section shall be liable on summary
conviction to a fine of four hundred dollars and to
Injunction not 33A. (1) Notwithstanding anything contained in any

to be granted
other written law, where any matter has been referred for
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against settlement to the arbitration of an arbitration tribunal under

functioning of
section 4, no court shall make an interlocutory order
arbitration
tribunal. (whether ex parte or with notice) in any cause or matter
[9 of 1984] pending before it staying, or having the effect of staying, the
operation of the reference or granting an injunction
prohibiting, or having the effect of prohibiting, the
arbitration tribunal from exercising or performing its
functions in respect of the matter so referred.
(2) Where before the coming into operation of this

section a court has made an interlocutory order granting an
injunction prohibiting, or having the effect of prohibiting, any
arbitration tribunal, to whom any matter has been referred for
settlement under section 4, from exercising or performing its
functions and that cause or matter has not been finally
determined by the court before the coming into operation of
this section, any of the parties to the cause or matter in
which the interlocutory order has been made may, within
three months of the coming into operation of this section,
apply to the court in which the cause or matter is pending
requesting the cancellation of the interlocutory order and
thereupon the court shall, after giving all the parties
concerned a reasonable opportunity of being heard, pass
appropriate orders in accordance with the provisions of this
section so as to enable the arbitration tribunal to exercise and
perform its functions.
(3) The preceding provisions of this section shall

not apply to any application properly made under article 153
of the Constitution.
(4) A cause or matter in which the legality or

propriety of the reference of any matter for settlement to the
arbitration of an arbitration tribunal under section 4 is
questioned shall be heard and finally determined by the court
in which it is pending, with all convenient speed and all the
parties to the cause or matter shall give full cooperation to the
court for this purpose.
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(5) The provisions of this section shall apply also in

relation to any arbitration tribunal to which any matter has
been referred under section 4 before the date on which this
section comes into operation, if that arbitration tribunal has
not, before that date, effected a settlement of the matter
referred to it or made its final award in relation to that matter.
(6) In this section “interlocutory order” includes

an order granting an interim injunction.
General power 34. The Minister may make regulations—

of Minister to
make
regulations.
(a) prescribing the form in which the
[9 of 1984] information and the returns in
subsection (1) of section 30 shall be
furnished;
(b) prescribing or empowering the

Permanent Secretary to approve of
the form or manner in which any pay-
lists or statistics of earnings of
employees and of deductions made
therefrom shall be kept by any
employer;
(c) prescribing any other form required

for the purposes of this Act, including
the form for a notice under section
28A(5);
(cc) prescribing the fees payable under

section 28A(7) for obtaining a copy of
a collective agreement; and
(d) generally for the purposes of this Act.
Penalty for 35. There may be annexed to the breach of any

breach of
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regulations. regulation made under this Act a penalty not exceeding the
[20 of 1994]
sum of eighteen thousand, seven hundred and fifty dollars.
Power of 36. The Minister may make rules—

Minister to
make rules.
(a) regulating the procedure to be
followed by Advisory Committees
appointed under this Act;
(b) regulating the amount, and payment,

of remuneration, fees, costs and
expenses in respect of any inquiry by
an Advisory Committee under this
Act;
(c) regulating or prohibiting the

publication of reports submitted by
Advisory Committees appointed
under this Act and the publication
of any evidence given before such
Committees; and
(d) generally to give effect to the

provisions of this Act relating to the
holding of inquiries by Advisory
Committees.
Extended 37. Any proceeding under this Act may be taken in

jurisdiction.
the magistrate’s court of the district in which the contract is
made or of the district in which the offence or breach is
alleged to have been committed.
Institution of 38. The Permanent Secretary may institute or cause to

prosecutions by be instituted any prosecution for the purpose of enforcing any
Permanent
of the provisions of this Act and any officer of the Department
Secretary.
Permanent Secretary.
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determined and all offences and penalties may be prosecuted
and enforced in the manner provided by the Summary
Jurisdiction Acts:
Provided that any order for the payment or recovery of

wages or compensation shall be enforceable in the same
manner as an order for the payment of compensation under
c. 10:02 the Summary Jurisdiction (Procedure) Act.
General 40. Any person who by any act or omission

penalty. contravenes or fails to comply with any provision of this Act
[20 of 1994]
liable to pay a fine of six thousand, two hundred and fifty
dollars.
Expenses of 41. The expenses of the Ministry in the execution of

execution of
this Act shall be defrayed out of moneys provided by
Act. How
defrayed. Parliament.
No order for 42. No order for the attachment of the wages of any
attachment of servant, labourer or workman shall be made by the High
wages of
certain
Court or by a magistrate’s court.
employees.
[8 of 1960]
____________________
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[Subsidiary] Labour (Arbitration Procedure) Regulations
_________________
LABOUR (ARBITRATION PROCEDURE) REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
3. Tribunal’s powers to summon and examine witnesses.
4. (1) Effect of vacancy occurring in tribunal.
(2) Division of opinion of tribunal.
5. Power of tribunal to call in aid one or more assessors.
6. Report of tribunal.
7. Publication of award of tribunal.
8. Tribunal to decide any question arising as to interpretation of its
award.
9. Appearance of counsel.
10. Power of tribunal to exclude the public or press from any of its
sittings.
11. Power of tribunal to regulate its procedure.
__________________________
Reg. 19/1950
LABOUR (ARBITRATION PROCEDURE)
1/1975
REGULATIONS
made under section 5(2) and 34
Citation. 1. These Regulations may be cited as the Labour

(Arbitration Procedure) Regulations.

[Reg. 1/1975] “award” means the terms of settlement of any dispute into
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which inquiry is being made by a tribunal and includes

an interim award made under section 4(4)(b) of the Act;
“Chairman” means any person appointed as Chairman of any

tribunal appointed under section 4 (1) (c) of the Act;
“tribunal” means an arbitration tribunal of one or more

persons appointed under section 4 (1) (c) of the Act.
Tribunal’s 3. (1) Any person may, by notice in writing signed by

powers to the Chairman or, where the tribunal consists of one person,
summon and
examine
by such person, be required—
witnesses.
(a) to attend any meeting of the tribunal
and give evidence before the said
tribunal; or
(b) to attend any meeting of the

tribunal and produce any document
which, in the opinion of the tribunal is
relevant to the subject matter of the
arbitration; or
(c) to furnish in such manner as may be

specified such particulars as may be
required by the tribunal.
(2) Any person who fails to comply with any

notice signed by the Chairman or the tribunal under
paragraph (1) shall be liable to a fine of one hundred dollars:
Provided always that, if any witness objects to answer

any question or to produce any document on the ground that
the answer or production will tend to incriminate him or
subject him to any penalty, he shall not be required to answer
the question or produce the document.
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Effect of 4. (1) Whenever a tribunal consists of more than one

vacancy person and any vacancy occurs in their number the tribunal
occurring in may, with the consent of the parties between whom the
tribunal.
dispute exists, act notwithstanding such vacancy.
Division of (2) If the tribunal shall, in any case, be equally

opinion of divided on any question that arises during proceedings, the
tribunal.
chairman shall have a second or casting vote.
Power of 5. A tribunal may at any time, if it deems it expedient

tribunal to call so to do, call in the aid of one or more assessors, specially
in aid one or
qualified in the opinion of the tribunal, to give assistance to
more assessors.
[Reg. 1/1975] the tribunal on the matter under inquiry or in any matter
relevant to the inquiry or refer any such matter to any person
for investigation and report to the tribunal.
Report of 6. (1) Each report by a tribunal shall be in writing and

tribunal. shall be addressed to the Minister.
(2) Such report shall contain a brief account of the

proceedings and all the terms of the award.
(3) Such report shall be signed by the members of

the tribunal who concur therein and it shall be accompanied
by any report signed by any dissenting member of the
tribunal.
(4) Such report shall be forwarded to the Minister

as soon as possible after the conclusion of the inquiry.
Publication of 7. The Minister shall as soon as possible after the

award of
report of a tribunal has been submitted to him cause the
tribunal.
award to be published in such manner as he thinks fit.
Tribunal to 8. If any question arises as to the interpretation of any

decide any
award of a tribunal, the Minister or any party to the award
question
arising as to
may apply to the tribunal for a decision on such a question,
interpretation and the tribunal shall decide the matter after hearing the
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of its award. parties or without such hearing provided the consent of the
parties has been first obtained. The decision of the tribunal
shall be notified to the parties and shall be deemed to form
part of and shall have the same effect in all respects as the
original award.
Appearance of 9. The tribunal may in its discretion permit any

counsel. interested person to appear by counsel at any proceedings
before such a tribunal.
Power of 10. The tribunal may, in its discretion admit or

tribunal to
exclude the
exclude the public or press from any of its sittings.
public or press
from any of its
sittings.
Power of 11. Subject to these Regulations any tribunal may

tribunal to regulate its procedure in such manner as it may deem
regulate its
procedure.
expedient to enable it to effect a settlement expeditiously.
____________________
O. 35/1943
MINIMUM WAGES (GEORGETOWN
WATERFRONT WORKERS) ORDER
Citation. 1. This Order may be cited as the Minimum Wages

(Georgetown Waterfront Workers) Order, and shall apply to
the Port of Georgetown.
Application of 2. This order shall apply only to those persons who

order.
are employed in loading and discharging vessels engaged in
the Demerara River Service and in respect of such loading
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[Subsidiary] Minimum Wages (Georgetown Waterfront Workers) Order
and discharging.
Application of 3. (1) Subject to this clause, the minimum rates of

order. wages to be paid to those persons to whom this order applies
in respect of work performed on a weekday shall be as
follows:
Class of persons Minimum daily

Minimum rates rate of wages
of pay. Dockmen $1.08
Truckers 96
(2) Any person to whom this clause applies

who is employed during any part of the periods between 7
a.m. and 11 a.m. and midday and 4 p.m. respectively on a
weekday shall be entitled to be paid not less than the
following amounts:
Class of persons Minimum

amounts
Dockmen $0.54
Truckers 48
(3) Any person to whom this clause applies

who is required to work on any public holiday or outside the
two periods specified in the last preceding paragraph shall be
entitled to be paid in respect of such work at not less than the
following rates:
Class of persons Minimum hourly

rate
Dockmen $0.27
Truckers 24
___________________________
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LAWS OF GUYANA
[Subsidiary]
O. 60/1956; MINIMUM WAGES (CINEMA EMPLOYEES) ORDER

8/1966A Reg.
1/1982;
81/1986; made under section 8
48/1988;
57/1989]
Citation. 1. This Order may be cited as the Minimum Wages (Cinema

Employees) Order.

[O. 8/1966A
86/1981]
"cashier" means a person employed in a cinema to sell tickets;
"cinema" means any place where exhibitions of a public

nature are given of pictures or other optical effects by means
of a cinematograph or similar apparatus;
"clerical assistant" means a person wholly or mainly

employed in a
cinema to assist in correspondence and the keeping of books;
"employee" means any person employed in a cinema;
"general staff" includes ushers, ticket collectors, and

janitors employed in a cinema;
"guard" means a person employed by the employer to

preserve order or to watch over bicycles or other property
of patrons of a cinema;
"normal hours" means the maximum number of hours which

may normally be worked by a person employed in a cinema
in accordance with, the Hours of Work (Cinema Employees)
Regulations;
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LAWS OF GUYANA
[Subsidiary] Minimum Wages (Cinema Employees) Order
"operator" means a person employed in a cinema to operate a

projecting machine.
Minimum 3. (1) The minimum rate of wages payable to an employee in

wage rate. any of the categories of work set out in the first column of the
Schedule.
Schedule shall be the appropriate rate set out in the second
[O. 8/1966A;
Reg. 1/1981 column of that Schedule.
O. 86/1981]
(2) Where any employee is in receipt of a wage higher than
that prescribed in the Schedule the employer shall
nevertheless continue to pay to such employee wages at such
higher rate.
4. (1) An employee described in the first column of the

[O. 8/1966A]
Schedule 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 under this Order.
(2) An employee described in the first column of the

Schedule 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, but for
this
Order, have been paid.
(3) An employee described in the first column of the Schedule

shall be paid in respect of work on Sundays at the rate of
double the hourly rate of pay.

shall be paid in respect of work on any public holiday at the
rate of one and a half times the hourly rate of pay.
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LAWS OF GUYANA
[Subsidiary] Minimum Wages (Cinema Employees) Order
who is in receipt of a wage at a rate higher than that

prescribed in the said schedule and who works on a public
holiday shall be paid in respect of such work at the rate of
double or one and a half times, as the case may be, the higher
rate of pay.
Casual 5. Any cinema employee who is employed on a casual basis

employment in shall be paid an hourly rate calculated on the basis of the
cinemas.
prescribed minimum weekly rate of wages for that category
[O. 8/1966A]
of work divided by the prescribed normal hours for that
category together with twenty- five per cent thereof.
_____________________
O. 24/1961
MINIMUM WAGES (SECURITY GUARDS)
[37/1964
39/1975 ORDER
83/1981
32/1987 made under section 8
39/1989,
27/1993
18/2008]
Citation 1. This Order may be cited as the Minimum Wages

(Security Guards) Order.

may normally be worked by a security guard in
accordance with the Hours of Work (Security Guards)
Regulations;
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LAWS OF GUYANA
[Subsidiary] Minimum Wages (Watchmen) Order
“security guard” means any person wholly or mainly

employed to watch over any specific property:
Provided that employment only to operate or

superintend the use of a gate, shall not be deemed to
constitute employment to watch over property for the
purposes of this definition.
Minimum 3. (1) Subject to this Order, the minimum rate of

wage rates. wages payable to a security guard employed on a weekly,
[O. 37/1964
39/1975;
fortnightly or monthly basis shall be four thousand five
83/1981; hundred.
18/2008]
(2) Subject to this Order, the minimum rate of
wages payable to a security guard employed otherwise than
in paragraph (1) shall be eighty-four dollars per hour or six
hundred and seventy-two dollars per day:
Provided that where, upon the commencement of this

Order, a security guard is in receipt of a wage at a rate greater
than that prescribed by this Order, the employer shall
nevertheless continue to pay to the said security guard wages
at the higher rate.
Overtime. 4. (1) A security guard, employed on a weekly,

[O. 37/1964 fortnightly or monthly basis, who in any one week at the
39/1975
83/1981]
request of his employer works in excess of the normal hours
shall be entitled to be paid for every hour or part of an hour
worked in excess of such normal hours at the rate of one and
one half times the rate at which he would be paid under this
Order.
(2) A security guard employed otherwise than in

paragraph (1) who at the request of his employer works
continuously for a period in excess of the normal hours shall
be entitled to be paid for every such hour or part of an hour
worked in excess of such normal hours at the rate of one and
one half times the rate at which he would be paid under this
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[Subsidiary] Minimum Wages (Watchmen) Order
Order.
Employer to (3) Where immediately before the commencement

continue to of this Order, a guard was in receipt of a wage at a rate higher
pay.
than that prescribed by clause 2 of this Order, the employer
[O. 83/1981
18/2008] shall nevertheless continue to pay the security guard wages at
the higher rate.
__________________
O. 28/1962
MINIMUM WAGES (LAUNDRY EMPLOYEES)
[37/1964
39/1975 ORDER
83/1991]

(Laundry Employees) Order.
“employee” means any person employed in a laundry;
“laundry” means any place where persons are employed by

bed-linen or table-linen and on all duties incidental
on any of the aforementioned duties incidental to any
other trade or business;

may normally be worked by an employee in accordance
c.98:01 with the Hours of Work (Laundries) Regulations.
Minimum 3. (1) Subject to this Order, the minimum time rate of
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[Subsidiary] Minimum Wages (Laundry Employees) Order
wage rates. wage to be paid to an employee shall be as prescribed in the

[O. 37/1964
First Schedule.
39/1975]
(2) Subject to this Order, where work is performed

on a piece- rate basis, the piece-rate shall be as prescribed in
the Second Schedule.
(3) Where at the commencement of this Order any

employee is in receipt of a wage or piece-rate higher than that
prescribed in this Order, the employer shall nevertheless
continue to pay to such employee wages or piece-rates at such
higher rate.
Work of a 4. Where an employee habitually performs work in a

higher
category the minimum time rate of wage of which is, in
category.
accordance with the classification set out in the Schedules,
higher than that of the category to which he properly belongs,
he shall be paid at such higher rate of wage.
Overtime. 5. (1) An employee described in the first column of the

[O. 37/1964 First Schedule or of the Second Schedule who, at the request
83/1991]
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 but for this clause be
paid.
(2) An employee described in the first column of

the First Schedule or of the Second Schedule who at the
commencement of this Order is in receipt of a wage at a rate
higher than that prescribed in this Order, and 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 such higher rate.
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FIRST SCHEDULE
PART I
Category of work Minimum Wage

Male washer $3.00 per day
Female clothes boiler and wringer 2.60 do
Female washer and/or starcher 2.08 do
Male ironer 3.36 do
Female ironer 2.40 do
Female shirt ironer 2.40 do
Female shirt ironer and glazer 2.50 do
Boilerman 3.36 do
Male washing machine operator 4.24 do
Assistant Male washing machine operator

Persons 18 years and over 3.04 do
Person under 18 years 2.15 do
Dry cleaner operator 4.25 do
Assistant dry cleaner operator

Person under 18 years 2.15 do
Hot head operator

Male 3.98 do
Female 3.50 do
Steam press operator

Male 4.43 do
Female 3.96 do
Maintenance mechanic 4.20 do
Sorter, marker, wrapper 2.16 do
Spotter
Male 4.12 do
Female 3.83 do
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Dry cleaner (hand) 3.12 do
Delivery boy
Persons under 18 years 1.96
Persons engaged on jobs other than the

above-mentioned specific jobs
Male 18 years and over 2.75 do
Female 18 years and over 2.04 do
Persons under 18 years 1.96 do
PART II
Category of work Minimum Wage

Reception clerk $11-50 per week
Cashier
Persons under 18 years 12.50 do
Motor vehicle drivers 18.00 do
___________
SECOND SCHEDULE
Category of work
Female washer and starcher 6 c. per piece
Female washer $31/2c. per day
Female starcher 23/4c. do
Female ironer (drills) 9c. do
Female ironer (woollens) 101/2c. do
Female shirt ironer 7 2c
1/ do
Female shirt ironer and glazer 9c. do
Female shirt glazer (glazed or
unglazed stiff shirt dress) 171/2 c. do
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Steam pressman
Trousers 17.80 do
Jackets 12.50 do
____________________
O. 32/1966A
MINIMUM WAGES (QUARRY WORKERS)
ORDER

(Quarry Workers) Order.
“quarry” means any open work, pit or excavation from which

stone or rock is obtained by means of cutting, blasting
or other methods, by way of trade or for purposes of
gain, but shall not include any place where any
manufacturing process, other than a process ancillary to
the getting, dressing or preparation for sale of stone or
rock, is carried on;
“quarry worker” means any person employed to perform

manual labour in connection with the operation of a
quarry.
Minimum 3. (1) Subject to paragraph (2), the minimum rate of

wage rates. wages payable to a quarry worker in any of the categories
First Schedule.
specified in the first column of the First Schedule shall be the
appropriate rate specified in the second column of the said
Schedule.
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Labour Cap. 9801 57
[Subsidiary] Minimum Wages (Quarry Workers) Order
(2) Where work is performed on a piece-rate

basis, the wages payable to a quarry worker in any of the
categories specified in the first column of the Second
Schedule shall be the appropriate rate specified in the
second column of the said Schedule.
Wages higher 4. Where at the commencement of this Order, a

than minimum quarry worker is in receipt of a wage at a rate higher than
wage rates
that prescribed in this Order; the employer shall nevertheless
continue to pay to that worker wages at the higher rate.
Sledger 5. A sledger shall be paid at the appropriate rate

Workers. specified in the Second Schedule, in respect of the amount of
Second
stone handled or collected by him during his hours of work,
Schedule,
notwithstanding that no stone handled or collected by him
was, as a result of blasting operations, required to be carved
by him so as to fulfil any particular dimensions.
FIRST SCHEDULE
Category of Worker. Minimum Rate of Wages.

Blaster-Foreman ... $55.00 per week or $9.17 per day
Blaster $41.25 per week or $6.70 per day
Blacksmith $34.37 per week or $5.73 per day
Assistant Blacksmith $24.75 per week or $4.12 per day
Jack-Hammer Operator
Mechanical Operator
Tractor Operator $30.94 per week or $5.16 per day
Truck driver
General Labourer $3.52 per day or 44 cents per
hour
__________
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LAWS OF GUYANA
[Subsidiary] Minimum Wages (Quarry Workers) Order
SECOND SCHEDULE
Jack Hammer Operator .07 cents per ft.

Granite – 45.9 cents per ft
per pair
Hand Driller Gabbro – 66 cents per ft per
pair
Fines- under 6 inches

69. 3 cents per ton.
Sledger Boulders- over 6 inches

49.5 cents per ton
On vehicles- 35.2 cents per

ton
Loader On craft- 44 cent per ton
Cleanings-44 cents per ton
_____________________
O. 95/1977
MINIMUM WAGES (EMPLOYEES AT PETROL
[46/1988
12/1994 FILLING STATIONS) ORDER
13/1996
18/1999
34/2002
40/2005
19/2008]

(Employees at Petrol Filling Stations) Order.
Interpretation. 2. In this Order –
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[Subsidiary] Minimum Wages (Employees at Petrol Filling Station) Order
“employee” means any person employed at a petrol filling

station;

may normally be worked by an employee in accordance
with the Hours of Work (Employees at Petrol Filling
Stations) Regulations:
“petrol filling station” means any place or premises in

respect of which a licence is required to be taken out
c.80:01 under section 61 of the Tax Act and includes any such
place or premises where petroleum, and lubricants and
accessories required for the repair of, or use in motor
vehicles are sold, or any such place or premises where
motor vehicles are kept temporarily for the purpose of
being cleaned or washed or for the purpose of carrying
out running repairs or, making minor adjustments, to
them.

wage rate. wages payable to an employee in any of the categories of
Schedule.
work set out in the first column of the Schedule shall be the
rate set out in relation thereto in the second column of that
Schedule.
(2) Where an employee is in receipt of a wage

higher than that prescribed by this Order, the employer shall
nevertheless continue to pay to such employee wages at such
higher rate.
(3) The minimum rate of wages payable to an

employee who is employed in any categories of work
mentioned in the Schedule for any shorter period of time than
the appropriate period mentioned in the Schedule shall be the
minimum rate of wages prescribed in relation thereto in
respect of the last mentioned period:
Provided that an employer may pay to an employee who
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is employed in any of the categories of work mentioned in the

Schedule less than the minimum rate of wages per week
prescribed in relation thereto in respect of any period of
time less than the appropriate period mentioned in the said
Schedule so that, however such lesser rate per day payable
to a person so employed shall not be less than the prescribed
minimum rate divided by six, together with twenty five per
cent of such lesser rate.
(4) The minimum rate wages payable to an

employee employed during any period of time mentioned in
the Schedule in more than one category of work mentioned
in the Schedule in respect of which different minimum rates
of wages are prescribed, shall be the higher or the highest of
such rates as the case may be.
Overtime. 4. (1) An employee described in the first column of

the Schedule, 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 but for this paragraph, be paid under this
Order.

the Schedule who is in receipt of a wage at a rate higher than
that prescribed in this Order, and 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
time such higher rate.
(3) Am employee described in the first column of

the Schedule shall be paid in respect of work on Sunday,
Christmas day, the day after Christmas Day if Christmas falls
on Sunday Eid-ul-Ahza Day, or, if that day is on a Sunday,
the following day Good Friday, Easter Monday, Labour Day,
that is to say the 1st May or if that day is a Sunday, the
following day, Phagwah Day or if that day is a Sunday, the
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LAWS OF GUYANA
following day at the rate of double the hourly rate.

the Schedule shall be paid in respect of work on any public
holiday other than as specified in paragraph (3), at the rate
of one and one- half times the hourly rate.

the Schedule who is in receipt of a wage at a rate higher than
that described in the said Schedule and who works on any of
the days specified in paragraphs (3) and (4) shall be paid
in respect of such work at the rate of double or one and one
half times, as the case may be, the higher rate of pay
Termination of 5. An employer who terminates the employment of

employment
and re-
an employee and re-employs him solely or mainly for the
employment purpose of avoiding the obligations imposed on him by
prohibited clause 3 (2) or 4 (5) shall be liable on summary conviction to
a fine of two hundred and fifty dollars.
[O. 95/1997 SCHEDULE

46/1988
12/1994
13/1996; Category of
Minimum Wage
23/1997; Employees
18/1999 Supervisor $9,500.00 per week
34/3002;
40/2005;
Shift Operator $8,400.00 per week
19/2008] Attendant $4,800.00 per week
Serviceman $8,500.00 per week
Mechanic $8,500.00 per week
Washman $5,000.00 per week
Clerk $6,000.00 per week
_____________________
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LAWS OF GUYANA
[Subsidiary] Minimum Wages (Mechanical Transport Employees) Order
O. 14 of 1996
MINIMUM WAGES (MECHANICAL
TRANSPORT EMPLOYEES) ORDER
made under section 9A

(Mechanical Transport Employees) Order.
Interpretation. 2. In this Order —
“conductor” means any person employed to carry out the

duties of a conductor of a motor bus and who is the
holder of a conductor’s licence granted in accordance
with regulations 31 and 32 of the Motor Vehicles and
Road Traffic Regulations;
“employee"” means any person employed to drive a

mechanical transport as defined in the Hours of Work
(Mechanical Transport Employee) Regulations or any
conductor;
“normal hours” means the number of hours which may

normally be worked by an employee in accordance with
the Hours of Work (Mechanical Transport Employees)
Regulations.
Minimum 3. (1) The minimum rate of wages payable to an

wage rates employee in any of the categories of work set out in the
Schedule. first column of the Schedule shall be the appropriate rate set
out in the second column of that Schedule.

employee is in receipt of a rate of wages higher than that
prescribed in the Order, the employer shall nevertheless
continue to pay such employee wages at the higher rate.
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O. 14 of 1996
MINIMUM WAGES (MECHANICAL
TRANSPORT EMPLOYEES) ORDER

(Mechanical Transport Employees) Order.
“conductor” means any person employed to carry out the

duties of a conductor of a motor bus and who is the
holder of a conductor’s licence granted in accordance
with regulations 31 and 32 of the Motor Vehicles and
Road Traffic Regulations;
“employee"” means any person employed to drive a

mechanical transport as defined in the Hours of Work
(Mechanical Transport Employee) Regulations or any
conductor;
“normal hours” means the number of hours which may

normally be worked by an employee in accordance with
the Hours of Work (Mechanical Transport Employees)
Regulations.
Minimum 3. (1) The minimum rate of wages payable to an

wage rates employee in any of the categories of work set out in the
Schedule. first column of the Schedule shall be the appropriate rate set
out in the second column of that Schedule.

employee is in receipt of a rate of wages higher than that
prescribed in the Order, the employer shall nevertheless
continue to pay such employee wages at the higher rate.
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employee for any shorter period of time than that set out in
the Schedule shall be the minimum rate of wages set out in
the Schedule.
Overtime. 4. (1) An employee who at the request of his employer

work 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 under this Order.
(2) An employee who at the commencement of this

Order is in receipt of a wage at a rate higher than that
prescribed in this Order, and who at the request of his
employer works in excess of normal hours, shall be paid for
every hour or part thereof so worked at one and one-half
times such higher rate.
Revocation. 5. The Minimum Wages (Hire Car and Motor Bus

Employees) Order is hereby revoked.
SCHEDULE
Category of Employee Minimum Rate of Wages
Driver $3,313.00 per week

Conductor $1,666.00 per week
____________________
L.R.O. 1/2012
LAWS OF GUYANA

employee for any shorter period of time than that set out in
the Schedule shall be the minimum rate of wages set out in
the Schedule.
Overtime. 4. (1) An employee who at the request of his employer

work 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 under this Order.
(2) An employee who at the commencement of this

Order is in receipt of a wage at a rate higher than that
prescribed in this Order, and who at the request of his
employer works in excess of normal hours, shall be paid for
every hour or part thereof so worked at one and one-half
times such higher rate.
Revocation. 5. The Minimum Wages (Hire Car and Motor Bus

Employees) Order is hereby revoked.
SCHEDULE

Conductor $1,666.00 per week
____________________
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[Subsidiary] Minimum Wages (Shirt and Garment Workers) Order
O. 93/1960
MINIMUM WAGES (SHIRT AND GARMENT
20/1961
31/1962 WORKERS) ORDER
49/1987
58/1989 made under section 8 (1)
14/1994
11/1996
15/1997
21/1999
40/2000
37/2002]

(Shirt and Garment Workers) Order.

[O. 20/1961
O. 31/1962]
“assorter” means a worker who sorts, assembles and
distributes the various cut parts of a garment;
“examiner” means a worker who examines the garments for

soils and for defects in stitching and materials;
“layer” means a worker who lays or spreads the cloth and

other material preparatory to its being cut;
“machinist” means a worker who operates a sewing

machine and who has had three or more months of such
experience in a shirt or garment factory;
“semi-skilled workers” shall include junior workers, turners,

clippers, markers, notchers, edgers, box staplers, creasers
and packers employed in a shirt or garment factory;
“stoppage of work” means any cessation of work at a shirt or

garment factory occasioned by shortage of materials,
breakdown of mechanical plant or equipment, or failure
of power supply where the source of the power supply
is owned or operated by the occupier of a shirt or
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garment factory or where the cessation of work

occasioned by a strike or lockout arising out of an
industrial or trade dispute;
“trainee machinist” means a worker who operates a sewing

machine and who has had less than 3 months of such
experience in a shirt or garment factory;
“worker” means a person employed in a shirt or garment

factory but does not include a person employed in an
establishment whose business is wholly or mainly retail
bespoke tailoring or dressmaking.
Minimum
3. Subject to this Order, the minimum rate of wage at
wage rates.
Schedule. which a worker mentioned in the first column of the
Schedule shall be paid the appropriate rate set out in the
second column of the said Schedule:
Provided that where, upon the commencement of this

Order, a worker is in receipt of a wage at a rate greater than
that prescribed in this Order the employer shall
nevertheless continue to pay to the said worker wages at the
higher rate.
Work of a 4. Where a worker habitually performs work in a

higher
category higher than the category to which he properly
category.
belongs in accordance with the classification set out in the
Schedule he shall be paid at the rate of wage payable in
respect of the higher category as prescribed in the Schedule.
Remuneration 5. Notwithstanding this Order, an employer shall be

based on work entitled to remunerate a worker for his services on the basis
done. of the quantity of work done by such worker during any
given period or otherwise:
Provided that, without prejudice to the right of the

worker to be paid at a higher rate, in no case shall a worker
be paid an amount less than the daily or weekly wage, as the
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case may be, prescribed by this Order in respect of persons

belonging to the category in which such worker is employed.
Work not 6. A worker who on any day, at the request of his

available due. employer, reports for duty at a shirt or garment factory and
who fails to obtain work during the whole or a part of such
day on account of the shortage of materials or stoppage of
work factory, shall nevertheless be entitled to the payment of
wages in accordance with the appropriate category of worker
to which he belongs in respect of the whole of such day.
[O. 49/1987 SCHEDULE

58/1989
14/1994
11/1996 Category of employee Minimum Wage
15/1997
21/1999
40/2000 Supervisor $6,806.00 per week
37/2002] Tailor $5,719.00 per week
cutter $5,099.00 per week
Assistant cutter $4,650.00 per week
Assorter $4,650.00 per week
Examiner $4,045.00 per week
Layer $3,675.00 per week
Pressers and Finishers $ 613.00 per week
Machinists $ 613.00 per week
Semi-skilled workers $ 613.00 per week
Trainee machinist $ 604.00 per week
____________________
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[Subsidiary] Minimum Wages (Employees in Groceries) Order
[O. 3/1966A
MINIMUM WAGES (EMPLOYEES IN
O. 8/1984
43/1987 GROCERIES) ORDER
52/1989
24/1993 made under section 9A
16/1996
21/1997
23/1999
38/2000
39/2002
38/2005
15/2008]

(Employees in Groceries) Order.
Interpretation.
2. In this Order—
“clerk” includes a salesman, counter assistant, customs clerk,

cashier, and a person employed to assist in
correspondence and book- keeping;
“grocery” means any place or premises used solely or mainly

for the sale of groceries either by way of wholesale or
retail trade;
“messenger” means a person employed to receive and

deliver messages and undertake portering duties, and
shall include a delivery boy;
“porter” means a person who is wholly or mainly

employed for portering duties;
“portering duties” includes carrying goods or supplies, taking

messages, and cleaning premises, furniture or fittings
(including the cleaning of windows).
3. (1) Subject to this Order, the minimum rate of

wages payable to a person employed in a grocery in any of
the categories of work set out in the first column of the
Schedule shall be the appropriate rate prescribed in the
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second column of the Schedule.

person employed in a grocery during any period of time
mentioned in the Schedule in more than one category of work
mentioned in the Schedule in respect of which different
minimum rates of wages are prescribed, shall be the higher or
the highest of such rates, as the case may be.

person employed in a grocery in any of the categories of work
mentioned in the Schedule for any shorter period of time than
the appropriate period mentioned in the Schedule shall be the
appropriate minimum rate of wages prescribed in respect of
the last-mentioned period:

employed in any of the categories of work referred to in the
Schedule less than the appropriate minimum rate of wages
per week prescribed aforesaid in respect of any period of time
less than the appropriate period mentioned in the Schedule so
that, however, such lesser rate per day payable to a person so
employed shall not be less than the appropriate minimum
rate divided by six, together with twenty five per cent of such
lesser rate.
4. Deleted by 8/1984.
Wages higher 5. Where a person employed in a grocery in any of the

than minimum categories of work mentioned in the Schedule is, at the
wage rates.
commencement of this Order, in receipt of a rate of wage
higher than that prescribed by this Order, the employer of
that person shall nevertheless continue to pay him wages at
the higher rate.
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LAWS OF GUYANA
[O. 15/2008] SCHEDULE
Checker $4,500.00 per week

Messenger $4,500.00 per week
Porter $4,500.00 per week
Other unskilled employees $4,500.00 per week
____________________
O. 4/1966A
MINIMUM WAGES (EMPLOYEES IN HARDWARE
[O. 7/1984
42/1987 STORES) ORDER
54/1989
8/1996
18/1997
22/2999
41/2000
38/2002
37/2005
14/2008]

(Employees in Hardware Stores) Order.

correspondence and book-keeping;
“hardware store” means any place or premises used solely or

mainly for the sale of furniture or ironmongery either by
way of wholesale or retail trade;
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Minimum Wages (Employees in Hardware Stores) Order

include a delivery boy;

“portering duties” includes carry goods or supplies, taking


wage rates. wages payable to a person employed in a hardware store
Schedule.
in any of the categories of work set out in the first column of
the Schedule shall be the appropriate rate prescribed in the

person employed in a hardware store during any period of
time mentioned in the Schedule in more than one category of
work mentioned in the Schedule in respect of which different

person employed in a hardware store in any of the categories
of work mentioned in the Schedule for any shorter period of
time than the appropriate period mentioned in the Schedule
shall be the appropriate minimum rate of wages prescribed in
respect of the last mentioned period:

L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Minimum Wages (Employees in Hardware Stores) Order

rate divided by six, together with twenty-five per cent of such
lesser rate.
Wages higher 5. Where a person employed in a hardware store in

than minimum
any of the categories of work mentioned in the Second
wage rates.
Schedule is, at the commencement of this Order, in receipt
of a rate of wage higher than that prescribed by this Order,
the employer of that person shall nevertheless continue to pay
him wages at a higher rate.
SCHEDULE

Registered Student Trainee $23,000.00 per month on
first appointment
$25,000.00 per month

after one year
____________________
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Minimum Wages (Employees in a Dry Goods Stores) Order
O. 6/1966A
MINIMUM WAGES (EMPLOYEES IN DRY
[O. 5/1984
40/1987 GOODS STORES) ORDER
53/1989
10/1996
17/1997
24/1999
43/2000
40/2002
35/2005
12/2008]

(Employees in Dry Goods Stores) Order.
2. In this Order—
Interpretation. “clerk” includes a salesman, counter assistant, customs clerk,

“dry goods store” means any place or premises used solely or


include a delivery boy;
“porter” means a person who is wholly or mainly employed

for portering duties;
“portering duties” includes carrying goods or supplies, taking

L.R.O. 1/2012
LAWS OF GUYANA
wage rates. wages payable to a person employed in a dry goods store in

Schedule
any of the categories of work set out in the first column of the

person employed in a dry goods store during any period of
time mentioned in the Schedule in more than one category of
work mentioned in the Schedule in respect of which different

person employed in a dry goods store in any of the categories
of work mentioned in the Schedule for any shorter period of
shall be the appropriate minimum rate of wages prescribed in
respect of the last-mentioned period:

less than the appropriate period mentioned the Schedule so
lesser rate.
Wages higher 5. Where a person employed in a dry goods store in

than minimum any of the categories of work mentioned in the Schedule is, at
wage rates.
the commencement of this Order, in receipt of a rate of wage
that person shall nevertheless continue to pay him wages at a
higher rate.
L.R.O. 1/2012
LAWS OF GUYANA

___________________
O. 5/1966A
MINIMUM WAGES (EMPLOYEES IN DRUG
[O. 6/1984
4/1987 STORES) ORDER
60/1989
12/1996
16/1997
25/1999
42/2000
4/2002
36/2005
13/2008]

(Employees in Drug Stores) Order.

L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Minimum Wages (Employee in Drug Store) Order
“drug store” means any place or premises in respect of which

a licence is required to be taken out under section 24 or 25 of
the Tax Act;
“messenger” means a person employed to receive and

deliver messages and undertake portering duties, and
shall include a delivery boy;

“portering duties” includes carry goods or supplies, taking

(including the cleaning of windows);
“registered student” means any person registered as a

student in Pharmacy under any law for the time being in
force.

wage rates. wages payable to a person employed in a drug store in any of
Schedule.
the categories of work set out in the first column of the

person employed in a drug store during any period of time
mentioned in the Schedule in more than one category of work
mentioned in the Schedule in respect of which different

person employed in a drug store in any of the categories of
work mentioned in the Schedule for any shorter period of
shall be the appropriate minimum rate of wages prescribed
in respect of the last-mentioned period:
L.R.O. 1/2012
LAWS OF GUYANA

lesser rate.
Wages higher 5. Where a person employed in a drug store in any of

than minimum
the categories of work mentioned in the Schedule is, at the
wage rates.
commencement of this Order, in receipt of a rate of wage
that person shall nevertheless continue to pay him wages at
a higher rate.

Registered Student Trainee $23,000.00 per month on
first appointment
$25,000.00 per month
after one year
____________________
L.R.O. 1/2012
LAWS OF GUYANA
HOURS OF WORK (GEORGETOWN

Reg. 4/1942
WATERFRONT WORKERS) REGULATIONS
made under sections 28 and 34
Citation. 1. These Regulations may be cited as the Hours of

Work (Georgetown Waterfront Workers) Regulations, and
shall apply to the City of Georgetown and to the Harbour of
Georgetown, as defined in section 2 of the Transport and
c.49:04 Harbours Act.
Interpretation. 2. In these Regulations "waterfront worker" means

any casual manual worker employed in the loading or
unloading of any ship, whether such employment be on shore
or on board such, or any other, ship or craft and includes
winchmen, dockmen, loading hands, stevedores, sugar
packers, slingmen and truckers.
Normal hours 3. Subject to the Public Holidays Act, the normal

of work. daily working hours for waterfront workers shall be from 7
c.19:07
a.m. to 11 a.m. and from 12 noon to 4 p.m.
____________________
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Hours of Work (Hire Car Chauffeurs) Regulations
Reg. 4/1942
HOURS OF WORK (HIRE CAR CHAUFFEURS)
REGULATIONS
made under sections 28

[Reg. 20/1956]
Work (Hire Car Chauffeurs) Regulations.
“chauffeur” means a person employed to drive a hire car;
“Chief Labour Officer” includes the Deputy Chief Labour

Officer, the Assistant Chief Labour Officer, any Senior
Labour Officer and any Labour Officer;
Normal and 3. (1) The number of hours which may normally be

maximum worked by chauffeur in any week shall not exceed fifty-six.
hours of work.
(2) Every hour or part thereof worked by a

chauffeur in excess of the normal hours shall constitute
overtime.
(3) The maximum number of hours which may be

worked by a chauffeur in any week shall be seventy.
4. (1) Each employer shall keep a register (hereinafter

Register of
hours of work. referred to as “the Register”) in the form set out in the
Schedule. Schedule.
(2) The Register shall be kept on the premises and

shall be produced on request for inspection by the Chief
Labour Officer.
(3) The Register shall be kept up to date.
L.R.O. 1/2012
LAWS OF GUYANA
(4) The Chief Labour Officer may make copies of

any entries in the Register and may, if he so thinks fit, remove
the Register to the Department of Labour.
Meal times.
5. Every chauffeur shall be entitled on any day he
[Reg. 20/1956] works to an interval of not less than one and one quarter
hours for a meal, commencing not earlier than 10:30 o’clock in
the morning and not later than 1.00 o'clock in the afternoon;
and when his duties require him to work beyond 6.00 o'clock
in the evening, to an interval of one and one quarter hours for
a meal between the hours of 6.00 o'clock and 8.15 o'clock in
the evening.
Regulations to 6. It shall be the duty of the employer to keep posted

be posted on up in a conspicuous place on the premises one or more copies
premises.
of these Regulations.
Penalties. 7. Any person who commits a breach of these

Regulations shall be liable to a fine of one hundred dollars.
L.R.O. 1/2012
LAWS OF GUYANA
reg. 4 SCHEDULE
THE REGISTER OF HOURS OF WORK OF EMPLOYEES
Week ending
Total hours worked

Breaks
.................day
Meal
a.m.
p.m
Finish
Start
Total hours worked
Breaks
..................day
Meal
a.m.
p.m
Finish
Start
Rate
(2)
Employees
Names of
(1)
L.R.O. 1/2012
LAWS OF GUYANA
Total hours worked
Breaks
................day
Meal
p.m.
a.m.
Finish
Start
Total hours worked
Breaks
.................day
Meal
a.m.
p.m
Finish
Start
Total hours worked
Breaks
..................day
Meal
a.m.
p.m
Finish
Start
Total hours worked
Breaks
...................day
Meal
a.m.
p.m
(3)
Finish
Start
Total hours worked
Breaks
Meal
a.m.
p.m
Finish
..................day
Start
Finish
Start
L.R.O. 1/2012
82
[Subsidiary]
(4) (5) (6) (7) (8) (9) (10) (11)

Cap. 98:01
Total hours Overtime hours Ordinary Overtime Gross Deductions Net Received the amount
worked weekly worked weekly i.e. total time wages. wages. wages Wages due (signature of
in col.(4) less 56 hours employee and date)
Labour
LAWS OF GUYANA
_____________________
Hours of Work (Hire Car Chauffeurs) Regulations
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Labour (Prescribed Forms) Regulations
Reg. 13/1975
LABOUR (PRESCRIBED FORMS)
REGULATIONS
Citation. 1. These Regulations may be cited as the Labour

(Prescribed Forms) Regulations.
Certificate of 2. The certificate of appointment of every Senior

appointment. Labour Officer and every Labour Officer referred to in section
Schedule.
31 of the Act shall be in the Form prescribed in the Schedule.
reg. 2 SCHEDULE
FORM
No. This is to certify that

MINISTRY OF LABOUR
Georgetown, Guyana Photograph of
Cde………………………… Senoir Labour
whose photograph appears Officer to be
herein has been appointed endorsed with
Labour act under section 3(1) of the Labour Ministry stamp
(Secs. 3(1) and 31) Act as a Senior Labour Officer
CERTIFICATE OF APPOINTMENT
OF SENIOR LABOUR OFFICER
………………………
Minister
This Certificate is the Date of Issue Specimen Signature of

Property of the Senior Labour Officer.
Government of Guyana .............................................
____________________
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Hours of Work (Cinema Employees) Regulations
Reg. 9/1953 HOURS OF WORK (CINEMA EMPLOYEES)

8/1954
17/1956 REGULATIONS
1/1966A
1/1982]
Citation 1. These Regulations may be cited as the Hours of

[Reg. 17/1956
Work (Cinema Employees) Regulations.
1/1966A]

[Reg. 17/1956;
1/1966A;
“cashier” means a person employed in a cinema to sell tickets;
1/1981;
24/1981]
“cinema” means any place where exhibitions of a public
nature are given of pictures or other optical effects by
means of a cinematograph or similar apparatus;
“the Chief Labour Officer" includes the Deputy Chief

Labour Officer, the Assistant Chief Labour Officer, any
Senior Labour Officer and any Labour Officer;
“clerical assistant” means a person wholly or mainly

employed in a cinema to assist in correspondence and the
keeping of books;
“employee” means any person employed in a cinema;
“general staff: includes ushers, ticket collectors and janitors

employed in a cinema;
"guard" means a person employed by the employer to

preserve order or to watch over bicycles or other
property of the patrons of the cinema;
“operator” means a person employed in a cinema to operate a

projecting machine.
L.R.O. 1/2012
LAWS OF GUYANA
Normal hours
3. The number of hours which may normally be
of works.
Schedule worked by an employee shall be as set out in the First
Schedule.
Overtime.
4. Every hour or part thereof worked by an employee
in excess of the normal hours, shall constitute overtime.
Maximum 5. Except as otherwise provided in these Regulations

hours.
no person shall be employed in a cinema for more than sixty
hours in any one week.
Register of 6. (1) Each employer shall keep a register (hereinafter

hours of work
referred to as “the Register”) in the form set out in the Second
Second
Schedule Schedule.
(2) The Register shall be kept on the premises and

shall be produced on request for inspection by the Chief
Labour Officer.
(3) The Register shall be kept up to date.
(4) The Chief Labour Officer may make copies of

any entries in the Register and may, if he so thinks fit, remove
the Register to the Department of Labour.
Meal times. 7. Every employee shall be entitled on any day on

which he works, to an interval of not less than one and one
quarter hours for a meal between the hours of 10.30 o'clock in
the morning, and 1.15 o'clock in the afternoon; and, when his
duties require him to work beyond six o'clock in the evening,
to an interval of one and one quarter hours for a meal
between the hours of 6.00 o'clock and 8.15 o'clock in the
evening.
Regulations to 9. It shall be the duty of the employer to keep posted
L.R.O. 1/2012
LAWS OF GUYANA
be posted on up in a conspicuous place on the premises one or more copies

premised.
[Reg. 1/1966A]
Penalties. 10. Any person who commits a breach of these

[Reg. 24/1981 FIRST SCHEDULE

1/1982]
Class of Normal Hours

Employee per week
Operators 45 hours
Cashiers 20 hours
Clerical 45 hours
Assistants
General Staff 48 hours
Guards 48 hours
__________
L.R.O. 1/2012
LAWS OF GUYANA
SECOND SCHEDULE
reg. 6
REGISTER OF HOURS OF WORK OF EMPLOYEES
Week Ending
Finish
Start
Total hours worked
....................day
Breaks
Meal
a.m.
p.m
Finish
Start
(3)
Rate
(2)
Category of work
Employees
Names of
(1)
L.R.O. 1/2012
LAWS OF GUYANA
Total hours worked
..................day
Breaks
Meal
p.m.
a.m.
Finish
Start
Total hours worked
.....................day
Breaks
Meal
a.m.
p.m
Finish
Start
Total hours worked
....................day
Breaks
Meal
a.m.
p.m
(4)
Finish
Start
Total hours worked
....................day
Breaks
Meal
a.m.
p.m
Finish
Start
Total hours worked
....................day
Breaks
Meal
a.m.
p.m
Finish
Start
Total hours worked
Breaks
Meal
a.m.
p.m
......day
Breaks
Meal
a.m.
p.m
L.R.O. 1/2012
[Subsidiary]
(5) (6) (7) (8) (9) (10) (11 12)
Total hours Overtime hours Ordinary Overtime Gross Deductions Net Received the amount
worked weekly worked weekly i.e. total time wages. wages. wages Wages due (signature of
in col.(4) less 56 hours employee and date)
Labour
LAWS OF GUYANA
____________________
Hours of Work (Cinema Employees) Regulations
Cap. 98:01
L.R.O. 1/2012
89
LAWS OF GUYANA
[Subsidiary] Hours of Work (Laundries) Regulations
Reg. 4/1962 HOURS OF WORK (LAUNDRIES)

22/1968
9/1971 REGULATIONS
4 of 1972]

Work (Laundries) Regulations.

[Reg. 5/1961]

bed-linen, or table-linen and on all duties incidental
on any of the afore-mentioned duties incidental to any
other trade or business.
Normal hours 3. The number of hours which may normally be

of work for an worked by any employee shall not exceed eight on any day or
employee.
forty-four in any week, and such normal hours of work shall
commence not earlier than 6 o'clock in the morning and end
not later than 6 o'clock in the afternoon.
Off day. 4. No person to whom these Regulations apply

[Reg.22/1968 shall be employed in or about the business of a laundry on
9/1971]
any Sunday, Christmas Day, the day after Christmas Day if
Christmas falls on a Sunday, Eid-Ul- Azha Day, or, if that day
is a Sunday, the following day, Phagwah Day, or if that day is
a Sunday, the following day, Good Friday, Easter Monday,
Labour Day, that is to say the 1st May, or, if that day is a
Sunday the following day:
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Hours of Work ( Laundries) Regulations
Provided that the foregoing provisions of this regulation

shall not apply to any person who is employed in or about the
business of a Laundry situate within the precincts of any hotel
or hospital.
Overtime. 5. Every hour or part thereof worked by an employee

in excess of the normal hours shall constitute overtime.
Interval for 6. Every employee shall be entitled on any day on

meals. which he works to an interval of not less than one hour for a
meal, provided that the meal hour shall commence not earlier
than 11 o'clock in the morning and not later than 1 o'clock in
the afternoon.
Posting up of 7. It shall be the duty of the employer to keep posted

copies of these
up in a conspicuous place on the premises one or more copies
Regulations
Penalty for 8. Any person who commits a breach of these

breach.
[4 of 1972]
______________
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Hours of Work (Laundries) Regulations
Reg.6/1975
HOURS OF WORK (SECURITY GUARDS)
[5/1980
23/1981 REGULATIONS
4/2008]
made under 28(1)

[4/2008]
Work (Security Guards) Regulations.
Interpretation. 2. In these Regulations –

[23/1981
4/2008]
“security guards” means any person wholly or mainly
employed to watch over any specific property except that
employment only to operate or superintend the use of a
gate, shall not be deemed to constitute employment to
watch over property for the purposes of this definition.
Normal hours 3. (1) The number of hours which may normally be

work. worked by a security guard employed on a daily or hourly
[5/1980
basis, shall not exceed eight in any day.
4/2008]
(2) The number of hours which may normally be

worked by a security guard employed otherwise than a daily
or hourly basis, shall not exceed forty four in any week.
Off day. 4. A security guard employed otherwise than on a

[4/2008] daily or hourly basis shall be allowed by his employer a
continuous period of twenty four hours in every week during
which he shall not be required by his employer to be on duty:
Provided that any such period shall not be disregarded in

reckoning the number of hours worked by a security guard.
Penalties for 5. Any persons who commits a breach of these

breach. Regulations shall on summary conviction be liable to a fine
of one hundred dollars.
___________________
L.R.O. 1/2012
LAWS OF GUYANA
[Subsidiary] Labour (Statistics) Regulations
Reg. 28/1953
LABOUR STATISTICS REGULATIONS
Citation. 1. These Regulations may be cited as the Labour (Statistics)

Regulations.
"cinema" means any place where exhibitions of a public

nature are given of pictures or other optical effects by
means of a cinematograph or similar apparatus;
"drug store" means any place or premises required to take out

c.80:01 a licence under section 24 or section 25 of the Tax Act;
"dry goods store" means any place or premises used solely or

"employee" means any person employed in any of the

businesses specified in the First Schedule to these
regulations whose wages have been prescribed by order
made under section 8 of the Act;
"employer" means any person carrying on any of the

businesses specified in the First Schedule, and includes
the manager of person for the time being in charge of any
such business;
"grocery" means any place or premises used solely or mainly

for the sale of groceries;
"hardware store" means any place or premises used solely

or mainly for the sale of furniture, hardware or
L.R.O. 1/2012
LAWS OF GUYANA
i ronmongery either by way of wholesale or retail

trade;
"quarter" means the period of three months ending 31st

March, 30th June, 30th September, 31st December in any
year.
Employees 3. Every employer shall send to the Minister within

to submit fourteen days of the end of each quarter a return of employees in
quarterly
the appropriate form set out in the Second Schedule.
returns.
Penalties. 4. Any employer who contravenes or fails to comply

with any of these regulations shall be liable on summary
conviction to a fine of three hundred dollars.
__________
reg 2 FIRST SCHEDULE
BUSINESSES
Groceries
Hardware Stores
Dry Goods Store
Drugstores
Cinemas
__________
reg. 3
SECOND SCHEDULE
FORM 1
GROCERIES, HARDWARE STORES, DRY GOODS STORES
L.R.O. 1/2012
LAWS OF GUYANA
AND DRUG STORES

(Chapter 98:01)
In accordance with regulation 3 of the Labour (Statistics)
Regulations, the following particulars are submitted in
respect of employees for the quarter
ending..............................................................
Name of Employer. ......................................................

............................................................................................
Nature of business ..............................................................
................................................................................................
Address of business in respect of which this return is
made .....................................................................................
Age Sex
employment
employment
subsequent
first day of
first day of
Group
dismissed
into entry
No. taken
quarter
quarter
quarter
quarter
during
during
No. in
No. in
No.
Messenger
Messenger
Messenger
Messenger
Cash boy
Cash boy
Cash boy
Cash boy
Clerks
Clerks
Clerks
Clerks
Porter
Porter
Porter
Porter
14 years M
and F
under
16 years
16 years M
and F
under
18 years
18 years M
and F
over
(Signed)....................................................
Employer
Dated the................ day of...........................20.....
L.R.O. 1/2012
LAWS OF GUYANA
__________
FORM 2
CINEMAS
LABOUR ACT
(Chapter 98:01)
In accordance with regulation 3 of the Labour (Statistics)

Regulations, the following particulars are submitted in
respect of employees for the quarter
ending..............................................................
Name of Employer.......................................................
............................................................................................
Nature of cinema ..............................................................
................................................................................................
Address of cinema..............................................................
...........................................................................................
L.R.O. 1/2012
[Subsidiary]
and
and
and
Age
over
under
under
Group
18 years
16 years
F
F
F
S-
18 years M
16 years M
14 years M
ex
General staff (ushers, ticket collectors) and janitors, No. in

etc.) employment
first day of
Typist or clerical assistants
quarter
Cashiers or ticket sellers
Labour
General staff (ushers, ticket collectors) and janitors, No. taken

etc.) into entry
Typist or clerical assistants during
__________
LAWS OF GUYANA
quarter
Labour (Statistics) Regulations

General staff (ushers, ticket collectors) and janitors, No.
etc.) dismissed
Typist or clerical assistants during
Employer
Dated the................ day of...........................20.....

quarter
General staff (ushers, ticket collectors) and janitors, No. in
etc.) employment
Cap. 98:01
first day of
(Signed)....................................................
L.R.O. 1/2012
Typist or clerical assistants
subsequent
Cashiers or ticket sellers quarter
97
LAWS OF GUYANA
[Subsidiary] Laundries Records Regulations
Reg. 5/1962 LAUNDRIES RECORDS REGULATIONS

Citation. 1. These Regulations may be cited as the Laundries

Records Regulations.

way of trade or for purposes of gain in washing, ironing,
pressing or dry cleaning of clothing, bed-linen or table-
linen and on all duties incidental thereto; and also where
any such persons are employed in any of the
aforementioned duties incidental to any other trade or
business.
Register of 3. (1) In every laundry, the employer shall keep a

wages, hours register (hereinafter referred to as “the register”) containing a
and conditions
record of the wages, hours and conditions of work of his
of work.
employees in the form set out in the Schedule.
(2) The register shall be produced on request for

inspection by the Chief Labour Officer, the Deputy Chief
Labour Officer, the Assistant Chief Labour Officer or any
Senior Labour Officer or Labour Officer.
(3) The register shall be kept from day to day and

shall be kept up to date.
Offences. 4. Any person who commits a breach of regulation 3

shall be liable, on summary conviction, to a fine of forty
dollars.
L.R.O. 1/2012
LAWS OF GUYANA
WAGES COUNCILS ACT
CHAPTER 98:04
Act
[51 of 1956]
Amended by
19 of 1977
23 of 1978

Pages Authorised
1 – 61 ... 1/2012
L.R.O. 1/2012
LAWS OF GUYANA
2 Cap. [98:04] Wages Councils
Index
of
Page
Wages Council (Aerated Water Factories) Order 31
(O. 46/1958)
Wages Council (Timber Grant) Order 32

(O. 54/1958, 39/1964)
Wages Council (Saw Mill Workers) Order 33

(O. 27/1960)
Wages Council (Printing Trade Workers) Order 34

(O. 94/1960)
Wages Council (Building Operation and Works of Engineering 34

Construction) Order
(O. 9/1967)
Timber Grant Wages Council Wages Regulation Order 37

(O. 25/1961)
Sawmill Workers Wages Council Wages Regulation Order 39

(O. 26/1961, 18/1966B)
Aerated Water Factories Wages Council Wages Regulation Order 41

(O. 11/1963)
Printing Trade Wages Council Wages Regulation Order 47

(O. 19/1967)
Notice 50
(Gaz. Nt. 17/5/1975, 02/10/1976)
Wages Councils Regulations 50

(Reg. 25/1962)
L.R.O. 1/2012
LAWS OF GUYANA
Wages Councils Cap. 98:04 3
Wages Council (Rice Factory Workers) Order

] 56
(O. 1977)
Wages Council (Mechanical Transport Workers) Order 57

(O. 30/1978)
Sawmill Workers Wages Council Wages Regulation Order 58

(O. 130/1978)
Rice Factory Workers (Wages Regulation) Order 59

(O. 59/1980)
L.R.O. 1/2012
LAWS OF GUYANA
CHAPTER 98:04
WAGES COUNCILS ACT
SECTION
1. Short title.
2. Interpretation.
PART I
ESTABLISHMENT OF WAGES COUNCIL
3. Power of Minister to establish wages councils.

4. References to commission of enquiry.
5. Procedure on reference to commission of enquiry.
6. Making of wages council order.
7. Variation and revocation of wages council order.
8. General provisions as to wages council.
9. General provisions as to commissions of enquiry.
PART II
WAGES REGULATION ORDERS
10. Power to fix remuneration and holidays.

11. Additional powers of Minister to make wages regulation order.
12. Effect and enforcement of wages regulation orders.
13. Permits to infirm and incapacitated persons.
14. Computation of remuneration.
15. Employers not to receive premiums.
16. Records and notices.
17. Criminal liability of agent and superior employer and special
defence open to employer.
18. Officers.
19. Penalty for false entries in records, producing false records
or giving false information.
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SECTION
]
MISCELLANEOUS
20. Regulations.
21. Expenses.
FIRST SCHEDULE—Constitution, Officers and Proceedings of

Wages Councils.
SECOND SCHEDULE— Constitution, Officers and Proceedings of
Commissions of Enquiry.
CHAPTER 98:04
WAGES COUNCILS ACT
[51of 1956]
An Act to provide for the establishment of Wages Councils.
[15th December, 1956]
Short title. 1. This Act may be cited as the Wages Councils Act.
“outworker” means a person to whom articles or materials

are given out to be made up, cleaned, washed,
altered, ornamented finished or repaired, or adapted for
sale in his own home or on other premises not under
the control or management of the person who gave
out the materials or articles;
“superannuation scheme” means any law, rules, deed or

other instrument, providing for the payment of
annuities or lump sums to the persons with respect to
whom the instrument has effect on their retirement at a
specified age or on becoming incapacitated at some
earlier age, or to the personal representatives or the
widows, relatives or dependants of such persons on their
death or otherwise, whether with or without any further
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or other benefits;
“thrift scheme” means any arrangement for savings, for

providing money for holidays or for other purposes,
under which a worker is entitled to receive in cash sums
equal to or greater than the aggregate of any sums
deducted from his remuneration or paid by him for the
purposes of the scheme;
“wages council” and “commission of enquiry” mean

respectively a wages council and a commission of
enquiry established or set up under this Act;
“worker” 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.
PART I
ESTABLISHMENT OF WAGES COUNCILS
Power of 3. Subject to this Part, the Minister may by order

Minister to (hereinafter in this Act referred to as a “wages council
establish wages
order”) establish a wages council to perform, in relation to
councils
the workers described in the order and their employers, the
functions specified in this Act in any case in which he is
satisfied that no adequate machinery exists for the effective
regulation of the remuneration of such workers, or that
existing machinery is likely to cease to exist or be adequate
for that purpose, and that having regard to the remuneration
existing among such workers, or any of them, it is expedient
that such a council be established.
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References to ]
4. Before making a wages council order with
commission of
respect to any workers and their employers, the Minister
enquiry.
may, if he thinks fit, refer to a commission of enquiry
appointed by him for the purpose, the question whether a
wages council should be established with respect to such
workers, or any of them, and their employers.
Procedure on 5. (1) If a commission of enquiry, appointed

reference to under the last preceding section is of opinion with respect to
commission of the workers with whom it is concerned, or any of those
enquiry.
workers whose position should, in the opinion of the
commission, be separately dealt with—
(a) that there exists machinery which

is, or which can, by improvements
which it is practicable to secure, be
made adequate for regulating the
remuneration and conditions of
employment of those workers; and
(b) that there is no reason to believe

that that machinery is likely to cease
to exist or be adequate for that
purpose, the commission shall report
to the Minister accordingly (and may
include in its report any suggestions
which it may think fit to make for the
improvement of that machinery).
(2) Where any such suggestions are so included,

the Minister shall take such steps as appear to him to be
expedient and practicable to ensure the improvements in
question.
(3) If the commission is of opinion with respect to

the workers with whom it is concerned or any of those
workers whose position should in the opinion of the
commission be separately dealt with—
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(a) that machinery for regulating the

remuneration and conditions of
employment of those workers is not,
and cannot, by any improvements
which it is practicable to secure,
be made adequate for that purpose,
or does not exist; or
(b) that the existing machinery is likely to

cease to exist or be adequate for that
purpose, and that as a result a
reasonable standard of remuneration
amongst those workers is not being
or will not be maintained, the
commission may make a report to the
Minister embodying a
recommendation (hereinafter in this
Act referred to as a “wages council
recommendation”) for the
establishment of a wages council in
respect of those workers and their
employers.
(4) Where the Minister receives a wages council

recommendation, he may, subject to the provisions of this
Part, make a wages council order giving effect to the
recommendation, either in full or with such modification as
he may think fit, being modifications which, in his opinion,
do not effect important alterations in the character of the
recommendation.
Making of 6. (1) Before making a wages council order

wages council whether in pursuance of a wages council recommendation
order
or not, the Minister shall publish, in such manner as he
thinks fit, notice of his intention to make the order,
specifying a place where copies of a draft thereof may be
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]
obtained, and the time, which shall not be less than forty
days from the publication, within which any objection made
with respect to the draft order must be sent to him.
(2) Every objection so made must be in writing and

must state—
(a) the specific grounds of objection; and
(b) the omissions, additions or

modifications asked for, and the
Minister shall consider any such
objection, made by or on behalf of
any person appearing to him to be
affected, being an objection sent to
him within the time specified in the
notice, but shall not be bound to
consider any other objection.
(3) The Minister, having considered all the objections

which he is required to consider under the last preceding
section, may either—
(a) make an order in the terms of the

draft or subject to such modifications
as he thinks fit, being modifications
which, in his opinion, do not effect
important alterations in the character
of the draft order as published; or
(b) refer the draft order to a commission

of enquiry, for enquiry and report,
in which case he shall consider its
report and may then, if he thinks fit,
make an order either in the terms of
the draft or subject to such
modifications as he thinks fit.
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(4) Where the Minister makes a wages council order,

he shall publish it in such manner as he thinks fit, and the
order shall come into operation on the date on which it is so
published or on such later date as is specified therein.
Variation and 7. (1) The Minister may at any time by order abolish,
revocation of or vary the field of operation of a wages council, and the
wages
last preceding section shall apply in relation to any such
council order.
order as it applies in relation to wages council orders:
Provided that where the order directs that a wages

council shall cease to operate in relation to any workers and
that another wages council shall operate in relation to them,
but save as aforesaid, does not affect the field of operation of
any wages council—
(a) the last preceding section shall not

apply; but
(b) when the order is made, the

Minister shall publish it in such
manner as he thinks fit, and it shall
come into operation on the date on
which it is so published or on such
later date as is specified therein.
(2) Where an order of the Minister directs that a

wages council shall cease to operate in relation to any
workers and that another wages council shall operate in
relation to them, the order may provide that anything done
by, or to give effect to any proposals made by, the first
mentioned wages council shall have effect in relation to those
workers as if it had been done by, or to give effect to
proposals made by, the second mentioned wages council and
may make such further provisions as appears to the
Minister to be expedient in connection with the transition.
(3) Where an order of the Minister under this section

directs that a wages council shall be abolished or shall
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]
cease to operate in relation to any workers, then, save as
is otherwise provided by the order, anything done by, or to
give effect to proposals made by the wages council shall,
except as respects things previously done or omitted to be
done, cease to have effect or, as the case may be, cease to have
effect in relation to the workers in relation to whom the
wages council ceases to operate.
General 8. (1) The provisions of the First Schedule shall

provisions as have effect with respect to the constitution, officers and
to wages proceedings of wages councils.
Council.
First Schedule
(2) A wages council shall consider as occasion
requires any matter referred to it by the Minister with
reference to the industrial conditions prevailing as respects
the workers and employers in relation to whom it operates,
and shall make a report upon the matter to the Minister, and
a wages council may, if it thinks it expedient so to do, make
of its own motion a recommendation to the Minister with
reference to the said conditions and, where such a
recommendation is so made, the Minister shall forthwith
take it into consideration.
General 9. (1) The Second Schedule shall have effect with

provisions as respect to the constitution, officers and proceedings of
to commissions
commissions of enquiry.
of enquiry.
Second
Schedule. (2) Where any question or matter is referred to a
commission of enquiry under this Part, the commission
shall make all such investigations as appear to it to be
necessary and shall publish in such manner as is prescribed
by regulations to be made hereunder by the Minister, a notice
stating the questions which it is its duty to consider by
virtue of the reference and further stating that it will
consider representations with respect thereto made to it in
writing within such period as may be specified in the notice,
not being less than forty days from the publication thereof;
and it shall consider any representations made to it
within that period and then make such further enquiries
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as it considers necessary including, so far as it considers

necessary, the hearing of oral evidence.
(3) Without prejudice to the generality of the last

preceding subsection, where the Minister refers to a
commission of enquiry under this Act the question whether a
wages council shall be established in relation to any workers
and their employers, it shall be the duty of the commission to
consider not only the subject matter of the reference but also
any other question or matter which, in the opinion of the
commission, is relevant thereto, and in particular to consider
whether there are any other workers (being workers who,
in the opinion of the commission, are engaged in work which
is complementary, subsidiary or closely allied to the work
performed by the workers specified in the reference or any of
them) whose position should be dealt with together with that
of the workers, or some of the workers specified as aforesaid;
and, in relation to any such reference to a commission of
enquiry, any reference in this Part to the workers with whom
the commission is concerned shall be construed as a
reference to the workers specified as aforesaid and any
such other workers as aforesaid.
(4) In considering for the purposes of this Act

whether any machinery is, or is likely to remain adequate
for regulating the remuneration and conditions of
employment of any workers, a commission of enquiry shall
consider not only what matters are capable of being dealt
with by that machinery but also to what extent those matters
are covered by agreement or awards arrived at or given
thereunder, and to what extent the practice is, or is likely
to be, in accordance with those agreements or awards.
(5) Where the Minister receives a report from a

commission of enquiry, he may, if he thinks fit, refer the
report back to the commission and the commission shall
thereupon reconsider it having regard to any observations
made by him and shall make a further report, and the like
proceedings shall be had on any such further report as in the
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]
case of an original report.
PART II
WAGES REGULATION ORDERS
Power to fix 10.(1) Subject to and in accordance with this section,

remuneration any wages council shall have power to submit to the
and holidays.
Minister proposals (hereafter in this Act referred to as
“wages regulation proposals”)—
(a) for fixing the remuneration to be

paid, either generally or for any
particular work, by their employers
to all or any of the workers in
relation to whom the council
operates;
(b) for requiring all or any such workers

as aforesaid to be allowed holidays
by their employers.
The power to submit proposals for fixing remuneration shall

include power to submit proposals for fixing holiday
remuneration.
(2) Wages regulation proposals for requiring a

worker to be allowed a holiday shall not be made unless
both holiday remuneration in respect of the period of the
holiday and remuneration other than holiday remuneration
have been or are being fixed under this Part for that worker,
shall provide for the duration of the holiday being related to
the duration of the period for which the worker has been
employed or engaged to be employed by the employer
who is to allow the holiday, and subject as aforesaid,
may make provision as to the times at which or the periods
within which, and the circumstances in which, the holiday
shall be allowed; and wages regulation proposals for
fixing holiday remuneration may contain provisions as to the
times at which, and the conditions subject to which, that
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remuneration shall accrue and shall become payable, and

for securing that any such remuneration which has accrued
due to a worker during his employment by any employer
shall, in the event of his ceasing to be employed by
that employer before he becomes entitled to be allowed a
holiday by him, nevertheless become payable by the
employer to the worker.
(3) Before submitting any wages regulation

proposals to the Minister, a wages council shall make such
investigations as it thinks fit, and shall publish in such
manner as shall be prescribed by regulations made by the
Minister hereunder notice of the proposals, stating the
place where copies of the proposals may be obtained and
the period, which shall be not less than sixty days from the
date of the publication of the notice within which written
representations with respect to the proposals may be sent to
the Minister; and the wages council shall consider
any written representations made to it within that period
and shall make such further enquiries as it considers
necessary, and may then submit the proposals to the Minister
either without amendment or with such amendments as it
thinks fit having regard to the representations.
(4) Where the Minister receives any wages regulation

proposals, he shall make an order (hereinafter in this Act
referred to as a “wages regulation order”) giving effect to
the proposals as from such date as may be specified in the
order:
Provided that the Minister may, if he thinks fit, refer

the proposals back to the wages council and the wages
council shall thereupon reconsider them having regard to
any observations made by the Minister and may, if he
thinks fit, re-submit the proposals to the Minister either
without amendment or with such amendments as it
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]
thinks fit having regard to those observations; and
where proposals are so re-submitted, the like proceedings
shall be had thereon as in the case of original proposals,
except that the period within which such representations on
the amended proposals are to be made to the wages council
may be reduced to thirty days.
The date to be so specified shall be a date

subsequent to the date of the order, and where, as respects
any worker who is paid wages at intervals not exceeding
seven days, the date so specified does not correspond with
the beginning of the period for which the wages are paid,
the order shall, as respects that worker, become effective as
from the beginning of the next such period following the date
specified in the order.
(5) As soon as the Minister has made a wages

regulation order, he shall give notice of the making thereof
to the wages council and that wages council shall give
such notice of the order and the contents thereof as may be
prescribed for the purpose of informing, so far as
practicable, all persons who will be thereby affected.
(6) Any wages regulation proposals and any wages

regulation order for giving effect thereto may make
different provision for different cases, and may also contain
provision for the amendment or revocation of previous
wages regulation orders.
(7) No wages regulation order shall have effect so as

to prejudice any rights as to remuneration or holidays
conferred on any worker by or under any enactment other
than this Act.
(8) Remuneration (including holiday remuneration)

fixed by a wages regulation order is hereinafter in this Act
referred to as “statutory minimum remuneration”.
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Additional 11. (1) The Minister, whenever he deems it expedient,

powers of
having regard to the special circumstances of any
Minister to
make wages particular class of workers in any occupation and to any
regulation representations made to him by the workers and their
order. employer that there should be effective regulation of
[23 of 1978]
the remuneration of those workers, may without
establishing a wages council, make a wages regulation order
under this section for the purpose to take effect from such
date as may be specified in the order.
(2) Without prejudice to the application of the

succeeding provisions of this Part and Part III, subsections (6),
(7) and (8) of section 10 shall, as they apply in relation to a
wages regulation order made under subsection (4) thereof,
apply to a wages regulation order made under this section.
Effect and 12. (1) If a contract between a worker to whom a

enforcement of wages regulation order applies and his employer provides
wages
for the payment of less remuneration than the statutory
regulation
orders. minimum remuneration, it shall have effect as if for that
less remuneration there were substituted the statutory
minimum remuneration, and if any such contract provides
for the payment of any holiday remuneration at times or
subject to conditions other than those specified in the
order, it shall have effect as if for those times or
conditions there were substituted the times or conditions
specified in the order.
(2) If an employer fails to pay to a worker to whom a

wages regulation order applies remuneration not less
than the statutory minimum remuneration, or fails to
pay to any such worker holiday remuneration at the
times and subject to the conditions specified in the order or
fails to allow to any such worker the holidays fixed by the
order, he shall be liable on summary conviction to a fine of
one hundred and fifty dollars for each offence, and where
the employer or any other person charged as the person to
whose act or default the offence was due has been found
guilty of an offence under this section consisting of a failure
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]
to pay remuneration not less than the statutory minimum
remuneration, the court may order the employer to pay
such sum as is found by the court to represent the
difference between the amount which ought to have been
paid to the worker by way of remuneration, if the
provisions of this Part had been complied with, and the
amount actually so paid.
(3) On the prosecution of any person for failing to

pay remuneration not less than the statutory minimum
remuneration it shall lie on that person to prove that he
has not paid remuneration less than the statutory minimum
remuneration.
(4) Where proceedings are brought under this section

in respect of an offence consisting of a failure to pay
remuneration not l ess than the statutory minimum
remuneration, then, if notice of intention so to do has been
served with the summons, warrant of complaint—
(a) evidence may, on the employer or

any other person charged as a
person to whose act or default the
offence was due having been found
guilty of the offence, be given
of any like contravention on the
part of the employer in respect of
any period during the two years
immediately preceding the date of
the offence; and
(b) on proof of the failure, the court

may order the employer to pay such
sum as is found by the court to
represent the difference between
the amount which ought to have
been paid during that period to the
worker by way of remuneration, if
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the provisions of this Part had been

complied with, and the amount
actually so paid.
(5) The powers given by this section for the recovery

of sums due from an employer to a worker shall not be in
derogation of any right to recover such sums by civil
proceedings
.
Permits to 13. (1) If, as respects any worker employed or
infirm and desiring to be employed in such circumstances that a
incapacitated
wages regulation order applies or will apply to him, the
persons.
wages council is satisfied on application being made to it for
a permit under this section either by the worker or the
employer or a prospective employer, that the worker is
affected by infirmity or physical incapacity which renders
him incapable of earning the statutory minimum
remuneration, it may, if it thinks fit, grant, subject to such
conditions, if any, as it may determine, a permit authorising
his employment at less than the statutory minimum
remuneration, and while the permit is in force the
remuneration authorised to be paid to him by the permit
shall, if those conditions are complied with, be deemed to
be the statutory minimum remuneration.
(2) Where an employer employs any worker in

reliance on any document purporting to be a permit granted
under the preceding subsection authorising the
employment of that worker at less than the statutory
minimum remuneration, then, if the employer has
notified the wages council in question that, relying on that
document, he is employing or proposing to employ that
worker at a specified remuneration, the document shall,
notwithstanding that it is not or is no longer a valid permit
relating to that worker, be deemed, subject to the terms
thereof and as respects only any period after the notification,
to be such a permit until notice to the contrary is received
by the employer from the wages council.
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Computation ]
14. (1) Subject to this section, any reference in
of
this Part to remuneration shall be construed as a reference
remuneration.
to the amount obtained or to be obtained in cash by the
worker from his employer after allowing for the worker’s
necessary expenditure, if any, in connection with his
employment, and clear of all deductions in respect of any
matter whatsoever except any deductions lawfully made—
(a) in accordance with the provisions of

c. 98:01 the Labour Act; or
(b) at the request of the worker, either for

the purposes of a superannuation
scheme, or a thrift scheme or for any
purpose in the carrying out of which
the employer has no beneficial
financial interest either directly or
indirectly.
(2) Notwithstanding anything in subsection (1) wages

regulation proposals and wages regulation orders may
contain provisions authorising specified benefits or
advantages, being benefits or advantages provided, in
pursuance of the terms and conditions of the employment
of workers, by the employer or by some other person
under arrangements with the employer and not being
benefits or advantages the provision of which is illegal by
virtue of the Labour Act or of any other enactment, to be
reckoned as payment of wages by the employer in lieu of
payment in cash, and defining the value at which any
such benefits or advantages are to be reckoned.
(3) If any payment is made by a worker in respect of

any benefit or advantage provided as mentioned in the last
preceding subsection, then—
(a) if the benefit or advantage is

authorised by virtue of that
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subsection to be reckoned as
payment of wages by the employer in
lieu of payment in cash, the amount
of the payment shall be deducted
from the defined value for the
purposes of reckoning the benefit or
advantage;
(b) if the benefit or advantage is

authorised by virtue of that
subsection to be reckoned as
payment of wages by the employer in
lieu of payment in cash, any excess of
the amount of the payment over the
defined value shall be treated for the
purposes of subsection (1) as if it
had been a deduction not being
one of the excepted deductions
therein mentioned;
(c) if the benefit or advantage is specified

in a wages regulation order as one
which has been taken into account
in fixing the statutory minimum
remuneration, the whole of the
payment shall be treated for the
purposes of subsection (1) as if it
had been a deduction not being
one of the excepted deductions
therein mentioned.
(4) Nothing in this section shall be construed as

authorising the making of any deduction, or the giving of
remuneration in any manner which is illegal by virtue of the
Labour Act, or of any other enactment.
Employers 15. (1) Where a worker to whom a wages regulation

not to receive order applies is an apprentice or learner, it shall not be lawful
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premiums. ]
for his employer to receive directly or indirectly from him,
or on his behalf or on his account any payment by way of
premium:
Provided that nothing in this subsection shall apply

to any such payment duly made in pursuance of any
instrument of apprenticeship not later than four weeks after
the commencement of the apprenticeship or to any such
payment made at any time if duly made in pursuance of
any instrument of apprenticeship approved for the
purposes of this proviso by a wages council.
(2) If any employer acts in contravention of this

section, he shall be liable on summary conviction in respect
of each offence to a fine of one hundred and fifty dollars
and the court may, in addition to imposing a fine, order him
to repay to the worker or other person by whom the payment
was made the sum improperly received by way of premium.
Records and 16.(1) The employer of any workers to whom a wages

notices. regulation order applies shall keep such records as are
necessary to show whether or not the provisions of this Part
are being complied with as respects them, and the records
shall be retained by the employer for six years.
(2) The employer of any workers shall post in the

prescribed manner such notice as may be prescribed for the
purpose of informing them of any wages regulation
proposals or wages regulation order affecting them, and, if it
is so prescribed, shall give notice in any other prescribed
manner to the said workers of the said matters and of such
other matters, if any, as may be prescribed.
(3) If an employer fails to comply with any of the

requirements of this section, he shall be liable on summary
conviction to a fine of one hundred and fifty dollars.
Criminal 17. (1) Where the immediate employer of any

liability of worker is himself in the employment of some other person
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agent and and that worker is employed on the premises of that other
superior
person, that other person shall for the purposes of this Part be
employer, and
special defence deemed to be the employer of that worker jointly with the
open to immediate employer.
employer.
(2) Where an employer is charged with an offence
under this Part, he shall be entitled, upon information duly
laid by him and on giving to the prosecution not less than
three days’ notice in writing of his intention, to have any
other person to whose act or default he alleges that the
offence in question was due brought before the court at the
time appointed for the hearing of the charge; and if, after
the commission of the offence has been proved, the
employer proves that the offence was due to the act or
the default of that other person, that other person may
be convicted of the offence, and, if the employer further
proves that he has used all due diligence to secure that
this Part and any relevant regulation or order made
thereunder are complied with, he shall be acquitted of the
offence.
(3) Where a defendant seeks to avail himself of the

provisions of subsection (2)—
(a) the prosecution, as well as the

person whom the defendant charges
with the offence, shall have the right
to cross-examine him if he
gives evidence and any witnesses
called by him in support of his pleas
and to call rebutting evidence;
(b) the court may make such order as it

thinks fit for the payment of costs
by any party to the proceedings
to any other party thereto.
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]
(4) Where it appears to an officer acting for the
purposes of this Part that an offence has been committed in
respect of which proceedings might be taken under this
Part against an employer, and the officer is reasonably
satisfied that the offence of which complaint is made was
due to an act or default of some other person and that the
employer could establish a defence under subsection (2),
the officer may cause proceedings to be taken against
that other person without first causing proceedings to be
taken against the employer.
In any such proceedings the defendant may be charged with

and, on proof that the offence was due to his act or
default, be convicted of the offence with which the employer
might have been charged.
Officers. 18. (1) The Minister may designate officers to act for
[19 of 1977] the purposes of this Part.
(2) Every officer acting for the purposes of this

Part shall be furnished by the Minister with a certificate of
his appointment or authority so to act, and when acting
under this Part shall, if so required by any person affected,
produce the certificate to him.
(3) An officer acting for the purposes of this Part

shall have power for the performance of his duties—
(a) to require the production of wages

sheets or other records of wages
kept by an employer, and records
of payments made to outworkers
by persons giving out work, and
any other such records as are
required by this Part to be kept by
employers, and to inspect and
examine those sheets or records
and copy any material part
thereof;
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(b) to require any person giving out

work and any outworker to give any
information which it is in his power
to give with respect to the names and
addresses of the persons to whom
the work is given out or from whom
the work is received, as the case
may be, and with respect to the
payments to be made for the work;
(c) at any hour of the day or night to

enter any premises at which any
employer to whom a wages
regulation order applies carries on
his business (including any place
used, in connection with that
business, for giving out work to
outworkers and any premises
which the officer has reasonable
cause to believe to be used by or by
arrangement with the employer to
provide living accommodation for
workers);
(d) to inspect and copy any material part

of any list of outworkers kept by an
employer or person giving out work
to outworkers;
(e) to examine, either alone or in the

presence of any other person, as he
thinks fit, with respect to any matters
under this Part, any person whom he
has reasonable cause to believe to be
or to have been a worker to whom a
wages regulation order applies or
applied or the employer of any such
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]
person or a servant or agent of the
employer employed in the employer’s
business and to require every such
person to be so examined and to
sign a declaration of the truth of the
matters in respect of which he is so
examined:
Provided that no person shall be required under

paragraph (e) to give any information tending to criminate
himself.
(4) An officer acting for the purposes of this Part

may institute proceedings for any offence under this Part
and may, although not a legal practitioner, conduct any such
proceedings.
(5) An officer acting for the purposes of

this Part who is authorised in that behalf by general or
special directions of the Minister may, if it appears to him
that a sum is due from an employer to a worker on
account of the payment to him of remuneration less
than the statutory minimum remuneration, institute on
behalf of and in the name of that worker civil
proceedings for the recovery of that sum and in any
such proceedings the court may make an order for the
payment of costs by the officer as if he were a party to the
proceedings.
The power given by this subsection for the recovery

of sums due from an employer to a worker shall not be in
derogation of any right of the worker to recover such sums by
civil proceedings.
(6) Any person who obstructs an officer acting for the

purposes of this Part in the exercise of any power conferred
by this section, or refuses to comply with any requirement of
such an officer made in the exercise of any such power
shall be liable on summary conviction to a fine of one
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hundred and fifty dollars.
Penalty for 19. If any person makes or causes to be made or

false entries in knowingly allows to be made any entry in a record
records, required by this Part to be kept by employers, which he
producing false
knows to be false in a material particular, or for purposes
records or
giving false connected with this Part produces or furnishes, or
information. causes or knowingly allows to be produced or furnished, any
wages sheet, record, list or information which he knows to
be false in a material particular, he shall be liable on
summary conviction to a fine of seven hundred and fifty
dollars and to imprisonment for six months.
PART III
MISCELLANEOUS
Regulations.
20. The Minister may make regulations for
prescribing anything which by this Act is required or
authorised to be prescribed.
Expenses. 21. There shall be paid from moneys provided by

Parliament—
(a) any expenses incurred by

wages councils, commissions of
enquiry, or officers in carrying into
effect this Act; and
(b) the remuneration of officers

appointed under this Act.
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s. 8 ]
FIRST SCHEDULE
CONSTITUTION, OFFICERS AND PROCEEDINGS OF

WAGES COUNCILS
Constitution of 1. A wages council shall consist of persons appointed

Wages Council by the Minister, being—
(a) not more than three persons

chosen by the Minister as being
independent persons;
(b) such number as the Minister thinks

fit of persons who, in his opinion,
represent employers in relation to
whom the wages council or, as the
case may be, the wages councils in
question, is or are to operate;
(c) such number as the Minister thinks

fit of persons who, in his opinion,
represent workers in relation to
whom the wages council or, as the
case may be, the wages councils in
question, is or are to operate.
Appointment 2. Of the persons appointed under paragraph l(a),

of Chairman
one shall be appointed by the Minister to act as
and Deputy
Chairman. Chairman, and another may be appointed by the
Minister to act as deputy Chairman in the absence of the
Chairman.
Consultation 3. Before appointing a person under paragraph

with employ- l(b) or (c), the Minister shall consult any organisations
ers and appearing to him to represent employers or, as the case
workers
may be, workers, concerned, and the persons appointed
concerned
under those subparagraphs shall be equal in number.
Secretary and 4. The Minister may appoint a secretary and such

other officers. other officers as he thinks fit of a wages council.
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Delegation of 5. A wages council may, if it thinks fit, delegate any

powers.
of its powers under this Act (except the powers to submit
wages regulation proposals) to a committee consisting of
such number of persons, being members of the wages
council, as the wages council thinks fit:
Provided that the members of the committee representing

employers and the members of the committee representing
workers shall be equal in number.
Regulations, 6. The Minister may make regulations as to the

procedure,
meetings and procedure of a wages council and of any
quorum and
method of committee thereof, including regulations as to the quorum
voting. and the method of voting, but subject to this Act and to
any regulations so made, a wages council and any
committee thereof may regulate the procedure in such
manner as it thinks fit.
Term of office. 7. The term for which a member of a wages council is

to hold office shall be such as may be determined by the
Minister at the time of his appointment, and the conditions
subject to which he is to hold office shall be such as may be
prescribed.
Payment of 8. There shall be paid out of moneys provided by

remuneration, Parliament to the members of the wages council
travelling appointed under paragraph 1(a) such remuneration and
expenses and
to any member of such council such travelling and other
other allow-
ances. allowances (including compensation for loss of working
time) as may be approved by the Minister.
SECOND SCHEDULE
CONSTITUTION, OFFICERS AND PROCEEDINGS OF

COMMISSIONS OF ENQUIRY
Constitution 1. Every commission of enquiry shall consist of

of commission persons appointed by the Minister, being—
of enquiry.
(a) not more than three persons
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]
chosen by the Minister as being
independent persons;
(b) not more than two persons chosen by

the Minister to represent employers;
(c) not more than two persons chosen by

the Minister to represent workers.
Appointment 2. Of the persons appointed under paragraph 1(a),

of Chairman one shall be appointed by the Ministry to act as
and Deputy
Chairman, and another may be appointed by the Minister
Chairman.
to act as deputy Chairman in the absence of the Chairman.
Consultation 3. The persons appointed by the Minister under

with employ-
paragraph 1(b) and (c) shall be equal in number and
ers and
workers and shall be appointed after such consultation as the Minister
impartiality of may consider necessary with such organisations representing
members. employers and workers respectively as he thinks fit, and the
said persons shall be persons who, in the opinion of the
Minister are not connected with or likely to be affected by the
matters to be inquired into by the commission.
Appointment 4. (1) The Minister may appoint such number of

of assessors. persons as he thinks fit as assessors to be available to any
commission of enquiry, being persons who, in the opinion
of the Minister, have an expert knowledge of any of the
matters with which the commission’s enquiry is concerned.
(2) An assessor shall not vote or otherwise be a

party to any report or recommendation of the commission.
Secretary and 5. The Minister may appoint a secretary and such

other officers. other officers as he thinks fit of any commission of enquiry.
Proceedings 6. The proceedings of a commission of enquiry shall

not to be not be invalidated by reason of any vacancy therein or by
invalidated by any defect in the appointment of a member.
reason of
vacancy or
defect.
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Making of 7. The Minister may make regulations as to the

regulations as
meeting and procedure of commissions of enquiry, including
to procedure.
regulations as to the quorum, but, subject to this Act and to
any regulations, so made, a commission of enquiry may
regulate its procedure in such manner as it thinks fit.
Payment of 8. There shall be paid out of moneys provided by

remuneration Parliament to the members of, and assessors to, any
travelling commission or enquiry such remuneration and such
expenses and
travelling and other allowances (including compensation for
other
allowances. loss of working time) as may be approved by the Minister.
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Wages Council Cap. 98:04 31
_________________
O.46/1958 WAGES COUNCIL (AERATED WATER FACTORIES)

ORDER
Citation. 1. This Order may be cited as the Wages Council

(Aerated Water Factories) Order.
Establishment 2. There shall be established in respect of the workers

of wages to whom this Order applies as set out in the Schedule and
council.
their employers, a wages council to be known as the Aerated
Water Factories Wages Council.
SCHEDULE
1. This Order applies to all workers who are

employed in Guyana by any person or persons carrying
on an aerated water factory, and who are engaged mainly or
wholly in any of the following capacities in connection with
such aerated water factory:
(a) clerk;
(b) salesman;
(c) assistant salesman;
(d) driver-salesman;
(e) driver;
(f) machine attendant; and
(g) labourer.
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32 Cap. 98:04 Wages Councils
[Subsidiary] Wages Council (Aerated Water Factories) Order
Wages Council (Timber Grant) Order
2. For the purpose of this Schedule "aerated water

factory" means any place where is carried on the manufacture
of mineral or aerated waters (including non-alcoholic
cordials, flavoured syrups), unfermented sweet drinks, and
other similar beverages for trade or for the purpose of gain,
and any operation or work incidental thereto.
________________
O. 54/1958 WAGES COUNCIL(TIMBER GRANT)ORDER

O.27/1960
O. 39/1964

(Timber Grant) Order.

of wages to whom this Order applies as set out in the Schedule, and
council.
their employers, a wages council to be known as the Timber
Grant Wages Council.
SCHEDULE
1. This Order shall apply to all workers who

are employed in Guyana by any person or persons carrying
on a timber grant, and who are engaged mainly or wholly in
any capacity in connection with the operation of a timber
grant.
2. For the purposes of this Schedule—
(a) "timber grant" means any portion

of land whether public or private
from which timber, charcoal or
firewood is extracted;
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[Subsidiary] Wages Council (Timber Grant) Order
Wages Council (Saw Mill Workers) Order
(b) "timber" includes a tree, or any

ligneous part of a tree, whether
standing, fallen or felled, and all
wood, whether or not sawn, split,
hewn or otherwise cut up or
fashioned.
________________
O.27/1960 WAGES COUNCIL (SAW MILL WORKERS) ORDER
Citation. 1. This Order may be cited as the Wages Council (Saw

Mill Workers) Order.
Establishment 2. There shall be established in respect of the Workers

of wages
to whom this Order applies as set out in the Schedule, and
council.
their employers, a wages council to be known as the Saw Mill
Workers Wages Council.
SCHEDULE
1. This Order shall apply to all workers who are

employed in Guyana by any person or persons carrying on a
saw mill, and who are engaged mainly or wholly in any
capacity in connection with the operation of a saw mill.
2. For the purpose of this Schedule "saw mill" means

any place where wood is prepared by mechanical process for
building purposes.
-----------------------------------
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[Subsidiary] Wages Council (Printing Trade Workers) Order
Wages Council (Building Operation and Works of Engineering Construction) Order
O.94/1960 WAGES COUNCIL (PRINTING TRADE WORKERS)

ORDER

(Printing Trade Workers) Order.

council. their employers, a Wages Council to be known as the
Printing Trade Wages Council.
SCHEDULE

employed in Guyana by any person or persons carrying on a
printery and who are engaged mainly or wholly in any
capacity in connection with the operation of a printery.
2. For the purpose of this Schedule "printery" means

any place or premises in which printing by letterpress,
lithography, photogravure, or other similar process, or
bookbinding is carried on by way of trade or for purposes of
gain or incidental to another business so carried on but shall
not include copying by office typewriter or office duplicating
machine.
________________
0.9/1967 WAGES COUNCIL (BUILDING OPERATION AND

WORKS OF ENGINEERING CONSTRUCTION) ORDER

(Building Operation and Works of Engineering Construction)
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[Subsidiary] Wages Council (Building Operation and Works of Engineering Construction) Order
Order.

council. their employers, a Wages Council to be known as the
Building Operation and Works of Engineering Construction
Wages Council.
SCHEDULE

employed in Guyana by any person or persons carrying on
any building operation or works of engineering
construction and who are engaged mainly or wholly in any
of the following capacities in connection with such building
operation or works of engineering construction:
1. Clerk (including material checker and time

checker)
2. Carpenter
3. Joiner
4. Mason
5. Steel Bender and Fixer
6. Plumber
7. Electrician
8. Painter
9. Wood Machinist
10. Rigger
11. Fitter
12. Welder
13. Burner
14. Splicer
15. Operator of Concrete Mixer
16. Operator of Terrazo Grinder
17. Pump Operator
18. Greaser
19. Water Boy
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20. Labourer
21. Dragline Operator
22. Bulldozer Operator
23. Grader Operator
24. Winch Operator
25. Crane Operator
26. Roller Driver
27. Chainman
28. Driller
29. Scaffolder
30. Structural Steel Erector
31. Transit Man
32. Level Man
33. Blacksmith
34. Blacksmith's Striker
35. Tiler
36. Pipe Fitter
37. Bricklayer
38. Plasterer
39. Glazier
40. Sign-writer
41. Air conditioning mechanic
42. Refrigeration mechanic
2. In this Order—
"building operation" means the construction, structural

alteration, repair, or maintenance of a building
(including repointing, redecoration and external cleaning
of the structure), the demolition of a building and the
preparation for, and the laying of the foundation of, an
intended building;
"works of engineering construction" means the construction

of any railway line or siding (otherwise than on an
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Timber Grant Wages Council Wages Regulation Order
existing railway) and the construction, structural

alteration, repair, or demolition of any dock, harbour,
inland navigation, tunnel, bridge, viaduct,
waterworks, reservoir, pipeline, aqueduct, sewer, sewage
works or gasholder, except where carried on upon a
railway. It also includes the construction, structural
alteration, repair, repointing, repainting or demolition of
any steel or reinforced concrete structure other than a
building, any road, airfield, sea defence works or river
works, and shall include such other civil or
constructional engineering works of a similar nature, as
may from time to time be specified by order of the
Minister.
________________
O.25/1961 TIMBER GRANT WAGES COUNCIL WAGES

22/2008 REGULATION ORDER
Citation. 1. This Order may be cited as the Timber Grant

Wages Council Wages Regulation Order and shall come into
operation on the 4th May, 1961.
“timber grant" means any portion of land which is subject to a

lease under the Forests Act, or any other Act, for the
purpose of obtaining timber therefrom;
“timber grant worker" means any person employed to

perform manual labour in connection with the operation
of a timber grant or who is engaged mainly or wholly in
any capacity in connection with the operation of a timber
grant.
Minimum 3. Subject to this Order, the minimum rate of wages at

wage.
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[Subsidiary] Timber Grant Wages Council Wages Regulation Order
which a timber grant worker shall be paid shall be as set out

in the Schedule:
Provided that where upon the commencement of this

Order a timber grant worker is in receipt of a wage greater
than that prescribed in this Order, the employer shall
nevertheless continue to pay the said worker wages at the
higher rate.
Payment of 4. Where a timber grant worker habitually performs

higher wages work in a category higher than the category to which he
for work done
properly belongs in accordance with the classification
in a higher
category. prescribed in the Schedule to this Order he shall be paid at the
rate of wages payable in respect of the higher category as pre-
scribed by the said Schedule.
Payment of 5. (1) Where a timber grant worker undergoes training

wage at in a category higher than the category to which he properly
date of belongs in accordance with the classification prescribed in
commence-
ment of
the Schedule, he may be paid at the rate of wages applicable
training and to his proper category for a period of four months after the
thereafter. date of the commencement of his training and thereafter he
shall be paid at the rate of wages applicable to the higher
category aforesaid.
(2) Paragraph (1) shall not apply to a timber grant

c.39:04 worker undergoing training under the Industrial Training Act
with a view to qualifying as a tradesman.
SCHEDULE
Category of worker Daily rate
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[Subsidiary] Timber Grant Wages Council Wages Regulation Order
Sawmill Workers Wages Council Wages Regulation Order
Labourers $1.000.00 per day
Skilled Labourers $1,200.00 per day

Headrig (Bandmill) Operators $1,500.00 per day
________________
SAWMILL WORKERS WAGES COUNCIL WAGES

O. 26/1961
18/1966B REGULATION ORDER
21/2008
Citation. 1. This Order may be cited as the Sawmill Workers

operation on the 4th May, 1961.

[O. 18/1966B]
"sawmill" means any place where wood is prepared
by mechanical process for building purposes, but does
not include a place where the work carried on there
consists essentially of cabinet making or the manufacture
of sash windows or ornamental work in wood;
"sawmill worker" means any person employed to

perform manual labour in connection with the operation
of a sawmill or who is engaged mainly or wholly in any
capacity in connection with the operation of a sawmill.

wage. which a sawmill worker shall be paid shall be as set out in the
Schedule:

Order a sawmill worker is in receipt of a wage at a rate
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[Subsidiary] Sawmill Workers Wages Council Wages Regulation Order
greater than that prescribed in this Order the employer shall

higher rate.
Payment of 4. Where a sawmill worker habitually performs work

higher wages in a category higher than the category to which he properly
for work done belongs in accordance with the classification prescribed in the
in a higher
Schedule he shall be paid at the rate of wages payable in
category.
respect of the higher category as prescribed by the said
Schedule.
Payment of 5. (1) Where a sawmill worker undergoes training in a

wages at date category higher than the category to which he properly
of commence-
belongs in accordance with the classification prescribed in the
ment of
training and Schedule he may be paid at the rate of wages applicable to his
thereafter. proper category for a period of four months after the date of
the commencement of his training and thereafter he shall be
paid at the rate of wages applicable to the higher category
aforesaid.
(2) Paragraph (1) shall not apply to a sawmill worker

c.39:04
undergoing training under the Industrial Training Act
with a view of qualifying as a tradesman.
SCHEDULE
Category of worker Daily Rate
Labourers $1.000.00 per day
Skilled Labourers $1,200.00 per day
Headrig (Bandmill) Operators $1,500.00 per day
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[Subsidiary] Aerated Water Factories Wages Council Wages Regulation Order
O.11/1963 AERATED WATER FACTORIES WAGES COUNCIL

20/2008
WAGES REGULATION ORDER
Citation.
1. This Order may be cited as the Aerated Water
Factories Wages Council Wages Regulation Order and shall
come into operation on the 9th March, 1963.
"aerated water factory" means any place where soft drinks or

other carbonated beverages are manufactured by power
driven or manually operated mechanical processes by
way of trade or business;
"aerated water factory worker" means any person employed

to perform manual labour in connection with the
operation of an aerated water factory;

"commission" means extra remuneration, usually on a

percentage basis paid to a salesman or driver-salesman,
in addition to his wages;

an aerated water factory worker in respect of the
worker's service but does not include any amount paid in
respect of overtime work or by way of bonus or
commission unless such bonus or commission forms part
of such regular amounts;
c.134 "medical practitioner" means a person registered as a medical

1953 Ed.
practitioner under the Medical Service Ordinance;
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"stoppage of work" means any cessation of work at an aerated

water factory occasioned by shortage of materials,
breakdown of mechanical plant or equipment, or failure
of power supply where the source of that power supply
is owned or operated by the occupier of an aerated water
factory or where the cessation of work is due to any
circumstances whatever over which the employer has
control, but shall not include cessations of work
occasioned by strikes or lockouts arising out of an
industrial or trade dispute.

wage.
which an aerated water factory worker shall be paid shall be
as set out in the Schedule;

Order an aerated water factory worker is in receipt of a wage
greater than that prescribed in this Order, the employer shall
higher rate.
Payment of 4. Where an aerated water factory worker habitually

higher wages performs work in a category higher than the category to
for work done
which he properly belongs in accordance with the
in a higher
category. classification prescribed in the Schedule, he shall be paid
wages at the rate payable in respect of the higher category as
prescribed in the said Schedule.
Payment of 5. (1) Where an aerated water factory worker

wages at date undergoes training in a category higher than the category to
of commence- which he properly belongs in accordance with the
ment of
classification prescribed in the Schedule, he may be paid at
training and
thereafter the rate of wages applicable to his proper category for a
period of four months after the date of the commencement of
his training and thereafter he shall be paid at the rate of
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wages applicable to the higher category aforesaid.
(2) Paragraph (1) shall not apply to an aerated water

factory worker undergoing training under the Industrial
Training Act with a view to qualifying as a tradesman.
Normal 6. (1) The normal hours of work of aerated water

working hours, factory workers mentioned in the Schedule shall be eight
overtime rates, hours on each day and forty-four hours in each week.
commission,
etc
(2) Aerated water factory workers employed in excess
of the hours mentioned in paragraph (1), shall be paid wages
at the rate of one and a half times the appropriate minimum
rates as set out in the Schedule, provided that where a
commission is paid to a salesman or driver-salesman, the
commission paid shall not be less than wages paid at the rate
of one and a half times the minimum rate.
(3) Any aerated water factory worker who at the

request of his employer, reports for duty on any public
holiday or between the hours of midnight on any day and 6
a.m. on the following day, shall be paid a minimum of two
dollars for any period worked up to the first two hours, and
thereafter, at twice the appropriate minimum rate as set out in
the Schedule.
(4) A worker who on any day, at the request of his

employer, reports for duty at an aerated water factory, and
who fails to obtain work during the whole or part of such
day, on account of the shortage of material, or stoppage of
work at such factory, shall nevertheless be entitled to the
payment of wages in accordance with the appropriate
category of work to which he belongs in respect of the whole
of such day.
HOLIDAYS WITH PAY
Holiday with 7. (1) Every aerated water factory worker being in

pay.
employment at the date of the commencement of this Order
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shall be allowed a period of holidays with pay of not less than

one day for each completed month of employment computed
as though his employment commenced on the date of
commencement of the said Order.
(2) Every aerated water factory worker not being in

employment at the date of the commencement of this Order,
completed month of employment computed from the
date of his engagement.
Conditions 8. (1) No employer shall require an aerated water

relating to
factory worker to take his holidays with pay in periods
holidays with
pay on of less than twelve consecutive days and no such worker
completion of shall require his employer to allow him such holidays with
twelve months pay prior to the completion of twelve consecutive months'
service.
service or during the Christmas period:

holidays for the time being in force shall not be computed as
holidays with pay under this Order.

employer and shall be taken by such worker before the
expiration of ten months after the date upon which the
right to such holidays shall have accrued.
(3) The employer shall determine the date on which

the holidays with pay shall commence and shall give such
Holidays with 9. Notwithstanding clause 8 (1), an employer and

pay on a worker may agree that such worker shall take his holidays
completion of
with pay in periods of not less than six consecutive days upon
six months’
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service. the completion of six consecutive months' service in which

case such holidays with pay shall be given by the employer
and taken by the worker before the expiration of three
months after each period of six consecutive months' service
aforesaid:
Provided that no such holidays with pay shall be

taken during the Christmas period.
Computation 10. In respect of a period of holidays with pay

of holiday pay. the employer shall pay to the aerated water factory worker for
each day of such period, remuneration at the rate of one-sixth
of the average weekly earnings of such worker during the
period.
Payment of 11. When the employment of an aerated water factory

wages in lieu of worker is terminated, either by such worker or by the employer,
holiday on
the employer shall pay to such worker, in lieu of such period
termination of
employment. of holidays with pay that shall have accrued under the
provisions of this Order and in respect of which no payment
has been made, a sum equal to the remuneration which
would have been paid for a like period of holidays with pay if
taken at that date.
Meaning of 12. For the purposes of this Order a period of

“continuous
employment”
permission of the employer for a period not exceeding two
consecutive days:
Provided that periods of illness certified by a

medical practitioner not exceeding fourteen days shall not be
Order.
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SCHEDULE
Category of Worker Minimum Rate

of Wages
Supervisors $7,000.00 per

week
Machine Attendants $4,600.00 per

week
Crowners Bottle $5,000.00 per

week
Washers $4,600.00 per

week
Labourers $4,600.00 per

week
Mechanics $7,000.00 per

week
Syrup Boiler/Mixer $8,200.00 per

week
Assistant Mixers (and all others in Syrup room) $4,900.00

per week
Sales Representative $5,000.00

per week
Delivery Person $4,600.00
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Printing Trade Wages Council Wages Regulation Order
per week
Checkers $7,500.00
per week
Sign Artists $6,000.00

per week
________________
O.19/1967
PRINTING TRADE WAGES COUNCIL WAGES
23/2008
REGULATION ORDER
Citation. 1. This Order may be cited as the Printing Trade

operation on the 17th July, 1967.
"printery" means any place or premises in which printing by

letter, press, lithography, photogravure, or other similar
process, or bookbinding is carried on by way of trade or
for purposes of gain or incidental to another business so
carried on, but shall not include copying by office
typewriter or office duplicating machine;
"printing trade worker" means any person employed in a

printery.

wage. wages at which a printing trade worker shall be paid, shall be
as set out in the Schedule:
Provided that where upon the commencement of

this Order a printing trade worker is in receipt of a wage
greater than that prescribed in this Order, the employer shall
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[Subsidiary] Printing Trade Wages Council Wages Regulation Order

higher rate.
(2) A printing trade worker who is a casual employee

and is required to work less than seven hours in any one day
shall be paid for that day at the hourly rate prescribed in the
Schedule for his category and he shall in addition receive
twenty per cent of that rate.
Payment of 4. Where a printing trade worker habitually performs

higher wages
work in a category higher than the category to which he
for work done
in a higher properly belongs in accordance with the classification
category prescribed in the Schedule he shall be paid wages at the rate
payable in respect of the higher category as prescribed by the
Schedule.
SCHEDULE
Category of Worker Minimum Rates of Wages
Monotype Keyboard Operators $8,800.00 per week

Monotype Caster Operators $6,300.00 per week
Linotype Operators $11,000.00 per week
Letterpress Operators $9,800.00 per week
Offset Pressmen $9,500.00 per week
Machinist $11,000.00 per week
Wrappers, Packers and Checkers $5,500.00 per week
Janitor $5,300.00 per week
Proof Readers. $8,500.00 per week
Compositors $8,500.00 per week
Engravers $8,500.00 per week
Litho Plate Makers $8,500.00 per week
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Camera Operators $9,600.00 per week

Newspaper Pressmen $8,500.00 per week
Stereotypes $7,300.00 per week
Rubber Stamp Makers: $7,000.00 per week
Binder $7,800.00 per week
Rulers $7,500.00 per week
Ludlow Operators $7,00.00 per Wages
Guillotine Operators $7,500.00 per week
Elrod Operators $5,600.00 per week
Metal Moulders $5,600.00 per week
Manglers $5,600.00 per week
Printery Assistants $4,700.00 per week
________________
Gaz.Nt. NOTICE
17/5/1975
made under section 17(1)
The following officers are hereby designated by the

Ministry of Labour for the purposes of Part II of the Act—
(a) Chief Labour Officer;

(b) Chief Factories Officer;
(c) Deputy Chief Labour Officer;
(d) Assistant Chief Labour Officer;
(e) Assistant Chief Factories Officer;
(f) Senior Labour Officers;
(g) Senior Factories Officer;
(h) Labour Officers;
(i) Factories Officers; and
(j) Agricultural Assessors.
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Wages Councils Regulations
Gaz.Nt. NOTICE
02/10/1976
09/10/1976
made under section 17(1)
The following officers are hereby designated by the

Ministry of Labour for the purposes of Part II of the Act—
(a) Chief Labour Officer;

(b) Deputy Chief Labour Officer;
(c) Assistant Chief Labour Officer;
(d) Senior Labour Officers;
(e) Labour Officers;
(f) Agricultural Assessors
(g) Senior Factories Officer;
(h) Chief Factories Officer;
(i) Assistant Chief Factories Officer;
(j) Senior Factories Officers; and
(k) Factories Officers
________________
Reg. 25/1962 WAGES COUNCILS REGULATIONS
Citation. 1. These Regulations may be cited as the Wages

Councils Regulations.
Publication 2. (1) Every notice required by section 9(2) of the Act

of notices by to be published by a commission of enquiry shall be
commissions of published in the Gazette, and, during a period of two
enquiry.
consecutive weeks, in three issues of at least one daily
newspaper circulating in Guyana.
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[Subsidiary] Wages Councils Regulations
(2) The date of the publication of the notice referred to

in paragraph (1) shall, for the purposes of the Act, be the date
of the Gazette in which it is published.
3. (1) Every notice required by section 10(3) of the Act

Publication of
notices by to be published by a wages council shall be published in the
wages councils Gazette, and, during a period of two consecutive weeks, in
three issues of at least one daily newspaper circulating in
Guyana.
(2) The date of publication of the notice referred to in

paragraph (1) shall, for the purposes of the Act, be the date of
the Gazette in which it is published.
Publication of 4. A wages council upon receiving notice in

wages council accordance with section 10(5) of the Act that a wages
order.
regulation order has been made, shall cause a notice to be
published in the Gazette and in the three consecutive issues of
a daily newspaper circulating in Guyana—
(a) stating the fact that the wages

council has received notice that a
wages regulation order has been
made by the Minister under the Act;
(b) setting forth the text of the order so
made;
(c) specifying a place or places where

copies of the notice, including the text
of the order, may be obtained, and
the price, if any, to be paid for such
copies.
Wages 5. (1) The employer of any workers to whom

regulation
wages regulation proposals or a wages regulation order apply
proposals
and orders to or applies shall post a copy of such proposals or order as the
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be displayed case may be in a conspicuous position where such

by employer.
proposals or order may be readily read by employees on all
premises at which he employs workers to whom the
proposals or order apply or applies and shall keep a copy of
the order so posted for as long as it remains in force.
(2) It shall also be the duty of the employer to bring to

the attention of every worker employed by him and to
whom wages regulation proposals or a wages regulation
order apply or applies, by adequate notice in writing at one of
the times at which wages are paid, that such wages regulation
proposals or wages regulation order as the case may be are or
is posted at certain places mentioned in the notice, on the
premises for the information of the worker.
Meetings and 6. (1) Notice of a meeting of a wages council shall

procedure of be deemed to be sufficiently given to a member thereof, if sent
wages councils.
by ordinary post to his usual or last known address, but the
accidental omission to give notice of a meeting to, or the non-
receipt of the notice of a meeting by, a member shall not
invalidate the proceedings at such a meeting.
(2) No meeting of a wages council shall be held unless

there shall be present at least one of the members appointed
by the Minister as being independent persons (in this
regulation referred to as "independent members"), and at least
one-third of the number of members appointed by the
Minister as representing employers and workers (in this
regulation referred to as "representative members").
(3) Every member of a wages council shall have one

vote: Provided that the Chairman, or, in his absence, the
Deputy Chairman, may, if he thinks it desirable, and shall, at
the request of not less than one-half of the members present
representing employers or of not less than one-half of the
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members representing workers take the vote of the

representative members by sides, and in such a case the vote
of the majority of members on either side present and voting,
shall be the vote of that side. In such division the independent
members shall not vote, but in the event of the division
resulting in a disagreement between the two sides, the
question may be decided by the majority vote of the
independent members, or, if one only is present by the vote of
that independent member.
Meetings and 7. (1) Notice of the meeting of a commission of

procedure of enquiry shall be deemed to be sufficiently given to a member
commissions of
enquiry.
thereof, if sent by ordinary post to his usual or last known
address, but the accidental omission to give notice of a
meeting to, or the non- receipt of notice of a meeting by, a
member shall not invalidate the proceedings at such meeting.
(2) No meeting of a commission of enquiry shall be

held unless there shall be present at least one of the
members appointed by the Minister as being independent
persons, at least one of the members appointed by the
Minister to represent employers and at least one of the
members chosen by the Minister to represent workers.
(3) Every member of a commission of enquiry shall

have one vote and where the votes are equally divided, the
Chairman, or in his absence, the Deputy Chairman shall have,
in addition to his original vote, a casting vote.
Powers to 8. (1) Any person may, by notice in writing signed by

summon and
the Chairman of a wages council or of a commission of
examine
Witnesses. enquiry, as the case may be required—
(a) to attend any meeting of a wages

council or a commission of enquiry
and give evidence before the said
council or commission; or
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(b) to attend any meeting of a wages

council or a commission of enquiry
and produce any document which, in
the opinion of the council or of the
commission, is relevant to the subject
matter being considered by the
council or the commission; or
(c) to furnish in such manner as may

be specified such particulars as may
be required by the council or
commission.
(2) Any person who fails to comply with the

provisions of any notice given under paragraph (1) shall be
liable on summary conviction to a fine of forty dollars:
Provided always that, if any witness objects to answer

any question or to produce any document on the ground that
the answer or production will tend to incriminate him or
subject him to any penalty, he shall not be required to answer
the question or produce the document.
Conditions of 9. Any person appointed as a member of a wages

office of council shall hold office subject to the following conditions:
members of
wages councils.
(a) The Minister may determine the
appointment of any such member
appointed as being an independent
person if in the opinion of the
Minister he has ceased to be an
independent person.
(b) The Minister may determine the
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appointment of any member

appointed to represent employers or
workers, if in the opinion of the
Minister he has ceased to be so
representative.
(c) If a member fails to attend one-

half of the meetings of a wages
council in any period of six months,
or should only one meeting be held
during any period of six months, two
consecutive meetings, the Minister
may, after giving such member an
opportunity to be heard, determine
his appointment.
(d) If the Minister is of the opinion that

any member is incapable for any
reason of acting as a member, he may
determine the appointment of such
member.
(e) Every member shall notify the

secretary of the wages council of
which he is a member of any change
of his address. If the secretary does
not receive such notification and by
reason thereof is unable to summon
such member to attend meetings of
the wages council, he shall notify the
Minister, who may, after making such
enquiries as he may deem necessary,
determine the appointment of such
member.
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[Subsidiary]
Wages Council (Rice Factory Workers) Order
O. of 1977 WAGES COUNCIL (RICE FACTORY WORKERS ) ORDER
Citation. 1. This Order may be cited as the Wages Council (Rice

Factory Workers) Order
"rice factory" means any premises in which padi is

manufactured into rice by mechanical power, and place,
building, machinery, or equipment used in connection
with or in relation to such premises for the storage of
padi or rice or the manufacture of rice.
Establishment 3. There is hereby established in respect of workers to

of Wages whom this Order applies and their employers, a Wage
Council.
Council to be known as a Wage Council for Workers in Rice
Factories.
Application of 4. This Order applies to all workers employed by any

this Order. person wholly or mainly in any of the following capacities in or
about any work "in connection with the operations of a rice
factory:—
(a) labourer;
(b) concrete attendant;
(c) huller attendant;
(d) porter;
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[Subsidiary] Wages Council (Rice Factory Workers) Order
Wages Council (Mechanical Transport Workers) Order
(e) fireman;
(f) mechanic; and
(g) bookkeeper.
________________
O.30/1978 WAGES COUNCIL (MECHANICAL TRANSPORT

WORKERS) ORDER
Citation.
1. This Order may be cited as the Wages Council
(Mechanical Transport Workers) Order, 1978.
Interpretation. 2. In this Order-
“motor vehicle” means a mechanically propelled vehicle

intended or adapted for use on roads, and includes an
articulated vehicle as defined in regulation 2 of the
Cap 51:02 Motor Vehicles and Road Traffic Regulations.
“trailer” means a vehicle of any kind used on a road without

independent motive power intended to be drawn by a
motor vehicle.
Establishment 3. There is hereby established in respect of workers to

of Wages whom this Order applies and their employers, a Wage
Council.
Council to be known as a Wage Council for Mechanical
Transport Workers.
Application of 4. This Order applies to all workers employed by any

this Order. person wholly or mainly in any of the following capacities in
connection with a motor vehicle:—
(a) driver of a motor vehicle;
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[Subsidiary]
Wages Council (Mechanical Transport Workers) Order
Sawmill Workers Wages Council Wages Regulation Order
(b) conductor;
(c) porter; and
(d) delivery man.

________________
O.130/1978 SAWMILL WORKERS WAGES COUNCIL WAGES
REGULATION ORDER
Citation and 1 This Order may be cited as the Sawmill Workers

commence- Wages Council Wages Regulation Order 1978 and shall come
ment.
into operation on 19th December, 1978.

essentially of cabinet making or the manufacture of
sash windows or ornamental work in wood;
"sawmill worker" means any adult person employed

mainly or wholly in any capacity in connection with
the operation of a sawmill.
Minimum wage 3. (1) Subject to paragraph (2), the minimum rate of

payable to a wage which shall be paid to a sawmill worker shall be eleven
worker.
dollars per day.
(2) Where at the commencement of this Order a
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[Subsidiary] Sawmill Workers Wages Council Wages Regulation Order
Rice Factory Workers (Wages Regulation) Order
sawmill worker is in receipt of a higher rate of wage than that

prescribed by paragraph (1), the employer shall continue
to pay that worker wages at the higher rate.
Effect of the 4. The Sawmill Workers Wages Council Wages

Sawmill Regulation Order shall cease to have effect.
Workers Wages
Council Wages
Regulation.
O 26/1961
________________
O.59/1980 RICE FACTORY WORKERS (WAGES REGULATION)

ORDER
Citation. 1. This Order may be cited as the Rice Factory

Workers (Wages Regulation) Order 1980.
Interpretation. 2. In this order -
“rice factory” means any premises m which paddy is -

manufactured into rice by mechanical power, and
includes any place, building, machinery or equipment
used in connection with or in relation to such premises
for the storage of paddy or rice or the manufacture of
rice.
"rice factory worker" means any person employed in any

work in connection with the operations of a rice factory.
Minimum 3. Subject to this order, the minimum rate of wages at

wage Schedule.
which a rice factory worker shall be paid is set out in the
Schedule hereto:
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[Subsidiary] Rice Factory Workers (Wages Regulation) Order
order a rice factory worker is in receipt of wages higher than

that prescribed in this order, the employer shall nevertheless
continue to pay the said worker wages at the higher rate.
Normal 4. (1) The normal hours of work of a rice factory

working hours, worker mentioned in the Schedule shall be eight hours on
overtime rates.
each day and forty-four hours in each week.
(2) A rice factory worker who is employed in excess of

the hours mentioned in paragraph (1) shall be paid wages at
the rate of one and a half times the appropriate minimum rate
as set out in the Schedule.
(3) A rice factory worker, who on any day at the

request of his employer reports for duty at a rice factory
and who on account of shortage of material or stoppage of
work at the factory either obtains no work during that day or
obtains work amounting in the aggregate to four hours or
less, shall nevertheless be entitled to payment of wages in
accordance with the appropriate category of work to which he
belongs in respect of a half day.
(4) A rice factory worker, who on any day at the

request of his employer reports for duty at a rice factory,
and who on account of shortage of material or stoppage of
work at the factory obtains less than eight hours but more
than four hours work, shall be entitled to payment of wages
in accordance with the appropriate category of work to which
he belongs on a pro rata basis.
Holidays with 5. (1) Every rice factory worker employed on a

pay. monthly basis, .being in employment at the date of
commencement of this Order, shall be allowed a period of
holidays with pay of not less than one day for each completed
month of employment computed as though his employment
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[Subsidiary] Rice Factory Workers (Wages Regulation) Order
commenced on the date of the commencement of this order.
(2) Every rice factory worker, employed other than on

a monthly basis, being in employment at the date of the
commencement of this order, shall be allowed a period of
holidays with pay of not less than one day for every one
hundred and sixty completed hours of work computed as
though his employment commenced on the date of the
commencement of this order.
Meaning of 6. For the purposes of this order a period of

continuous employment shall be deemed to be continuous even if it has
employment. been interrupted by absence from work due to the seasonal
nature of work in the factory or in rice industry:

to be a break in employment for the purposes of this order
Cls 3 and 4 SCHEDULE
Category of worker Daily Job Work Monthly
Labourer $ 9.00 25c per bag
Concrete attendant $ 9.00
Huller operator $12.00
Fireman $11.00
Mechanic $11.00
Book-keeper $200.00
___________________
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LAWS OF GUYANA
RECRUITING OF WORKERS ACT
CHAPTER 98:06
Act
9 of 1943

Pages Authorised
1 – 8 ... 1/2012
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2 Cap. 98:06 Recruiting of Workers
Note
on
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Recruiting of Workers Cap. 98:06 3
CHAPTER 98:06
RECRUITING OF WORKERS ACT
SECTION
1. Short title.
2. Interpretation.
3. Exemptions.
4. Persons who recruit to be licensed.
5. Non-adults not to be recruited.
6. Examination of workers.
7. Expenses of workers.
8. Return of workers to their homes.
9. Worker-recruiters.
10. Offences.
11. Power to make regulations.
__________________________
1953 Ed.
c. 106
_______________________________________________________
9 of 1943 An Act to regulate the Recruiting of Workers.
[5TH JUNE, 1943]
Short title. 1. This Act may be cited as the Recruiting of Workers

Act.
“Convention” means the Convention concerning the

Regulation of certain Special Systems of Recruiting
Workers adopted by the International Labour Conference
in June, 1936;
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“licensee” means the holder of a licence under this Act;
“licensing officer” means the person appointed to be

licensing officer for the purposes of this Act;
“worker” means a person who is intended to be employed

in work of any kind, whether manual or clerical, and
whether within or without Guyana;
“worker-recruiter” means a person who, being employed as a

worker, is authorised in writing by his employer to
recruit other workers on behalf of his employer, but
who does not receive any remuneration or other
advantage for such recruiting.
(2) A person recruits within the meaning of this Act

who by himself or through others procures, engages, hires or
supplies or undertakes or attempts to procure, engage, hire or
supply workers for the purpose of being employed by
himself or by any other person, so long as such worker does
not spontaneously offer his services at the place of
employment or at a public emigration or employment office
or at an office conducted by an employers’ organisation and
supervised by the Government.
Exemptions. 3. This Act does not apply to—
(a) the recruiting of workers by or on

behalf of employers who do not employ
more than fifty workers; or
(b) the recruiting of personal or domestic

servants or non-manual workers,
or to any workers so recruited, unless such recruiting is

done by professional recruiting agents.
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Persons who 4. (1) Subject to subsection (7), no person shall

recruit to be
recruit workers unless he is licensed in that behalf under this
licensed.
Act.
(2) Every person desirous of obtaining a

licence under this section shall apply to the licensing
officer who may in his discretion issue a licence—
(a) if he is satisfied that the applicant is a

fit and proper person to be granted a
licence;
(b) if the prescribed security has been

furnished; and
(c) if he is satisfied that adequate

provision has been made for
safeguarding the health and welfare
of the workers to be recruited.
(3) A licence shall be subject to such conditions as

shall be prescribed, and shall not be transferable.
(4) No licence shall be issued for a period

exceeding one year, but it may be renewed if the licensing
officer is satisfied that the conditions on which it was granted
have been complied with.
(5) The licensing officer may cancel any licence in

any case where the licensee has been convicted of an offence
under this Act or has not complied with the conditions under
which it was granted or is guilty of conduct which in the
opinion of the licensing officer renders him no longer a fit and
proper person to hold a licence and the licensing officer may
suspend any licence pending the decision of the Court or the
making of any inquiry which he shall consider necessary.
(6) Any person aggrieved by any decision of the
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licensing officer under this section may appeal to the

Minister.
(7) This section does not apply to worker-recruiters
Non-adults not 5. Persons under the age of eighteen years shall not be
to be recruited.
recruited except that the Minister may by regulation permit
persons under that age but of or above the age of
fourteen years to be recruited with the consent of their
parents or guardians for employment upon light work
subject to such conditions as he may prescribe
Examination of 6. (1) Recruited workers shall—

workers.
(a) be brought before an officer

appointed by the Minister; and
(b) be medically examined, in

accordance with regulations made
under this Act.
(2) The officer before whom any recruited workers

is brought shall satisfy himself that the provisions of this
Act have been observed and that the worker has not
been subjected to pressure or recruited by misrepresentation
or mistake.
Expenses of 7. The expenses of the journey of recruited workers

workers. and their families to the place of employment, including all
expenses incurred for their protection during the journey,
shall be borne, and necessaries for the journey shall be
provided, by the recruiter (not being a worker-recruiter) or
employer in accordance with regulations made under this
Act.
Return of 8. A recruited worker who—

workers to
their homes.
(a) becomes incapacitated by sickness or
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accident during the journey to his place of

employment;
(b) is found on medical examination to be

unfit for employment;
(c) is not engaged after being recruited for a

reason for which he is not responsible; or
(d) is found by the officer appointed under

section 6 to have been recruited by pressure
or by misrepresentation or mistake,
and the family of such recruited worker, and the family

of a recruited worker who dies during the journey to the place
of employment shall be returned to their homes at the
expense of the recruiter or employer in accordance with
regulations made under the Act.
Worker- 9. This Act and the regulations made thereunder

recruiters. unless otherwise expressly provided, apply to worker-
recruiters as if they were licensees:
Provided that worker-recruiters shall recruit only in such

areas as may be prescribed and shall not make advances of
wages to recruited workers.
Offences. 10. Any person who acts in contravention of or fails to

comply with any of the provisions of this Act, or the
regulations made thereunder, is liable on summary
conviction to a fine of one thousand dollars and to
Power to make 11. The Minister may make regulations for the
regulations. purpose of giving effect to this Act or to any of the
provisions of the Convention; and without prejudice to the
generality of the foregoing power he may by regulation
provide for—
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(a) the manner and form in which application

shall be made for licences, the particulars to
be furnished upon every such application,
the conditions under which any licence may
be issued, the form of licences, the fees
payable therefor, and the particulars to be
set forth therein;
(b) the security to be furnished by

applicants for licences;
(c) the records to be kept by licensees;
(d) the remuneration to be paid to the

agents of licensees;
(e) the restriction of recruiting to certain areas;
(f) the supervision of worker-recruits;
(g) the documents to be given to the recruited

worker by the licensee;
(h) the provision of transport for recruited

workers and their families from the place of
recruitment to the place of employment; and
(i) anything which by this Act is to be

prescribed, or as to which regulations are to
be made.
__________________
L.R.O. 1/2012

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LAWS OF GUYANA

TRADE UNION RECOGNITION ACT

Current Authorised Pages

2 Cap. 98:07 Trade Union Recognition

Trade Union Recognition Cap. 98:07 3

4. Establishment of Trade Union Recognition and Certification

18. Application for certification of recognition.

4 Cap. 98:07 Trade Union Recognition

Trade Union Recognition Cap. 98:07 5

Short title. 1. This Act may be cited as the Trade Union

Interpretation. 2. (1) In this Act—

“Board” means the Trade Union Recognition and

“collective agreement” means an agreement in writing

“collective bargaining” means treating and negotiating with a

“employer” means any person or body of persons, firm,

“lock-out” means action which, in contemplation or

6 Cap. 98:07 Trade Union Recognition

the suspension of work by an employer or the refusal by

“recognised majority union” means a trade union certified

“the most representative organisations” –

(a) in relation to workers means the most

(b) in relation to employers, means the most

“the relevant date” means such date as the Board considers

“strike” means a cessation of work, a refusal to work, to

“Trade Union” or “Union” means an association registered as

“undertaking” includes any trade or business or any activity

“workers” subject to subsection (2) means—

(a) any person who has entered into or works

Trade Union Recognition Cap. 98:07 7

under a contract with an employer to do any

(b) any person who by any trade usage or

(i) who has been dismissed, discharged,

(ii) whose dismissal, discharge,

(iii) who has ceased to work as a result of

(2) For the purpose of this Act, no person shall be

8 Cap. 98:07 Trade Union Recognition

Delegation by 3. The Minister may delegate to a public officer not

Establishment 4. There is hereby established a Board to be known as

Composition of 5. (1) The Board shall consist of seven members, each

(a) a Chairman appointed by the Minister

(b) three members appointed by the

(c) three members appointed by the

(2) In respect of each member of the Board (other

Trade Union Recognition Cap. 98:07 9

(3) An alternate member may act for the member

(4) Where the Chairman is for any reason, unable

(5) A member of the Board may at any time resign

(6) [Repealed by Act No. 1 of 2009]

(7) The Minister shall revoke the appointment of

(8) The appointment, removal, resignation or death

(9) No member or alternate member shall be

10 Cap. 98:07 Trade Union Recognition

(2) It shall be the duty of the Minister to provide

(2) The seal of the Board shall be officially and

(3) All documents, other than those required to be

Remuneration 8. The Chairman, other members and the Secretary of

Meetings. 9. (1) The Board shall meet at such times as may be

(2) The quorum of the Board shall be the Chairman

(3) Where two consecutive meetings have been

Trade Union Recognition Cap. 98:07 11

Prohibition as 10. (1) A member of the Board shall not, so long as he

(a) his holding office in, or being a

(b) being the employer or a director, a

take part in any deliberation or decision of the Board on such