Labour Ministry received 1244 complaints in 2014

In 2014, a total of 1,244 complaints were lodged with the Ministry of Labour, of which 821 or 66% were resolved. While in 2014, more complaints were lodged, fewer were concluded and this was because many of the complaints related to the mining industry, noted Minister of Labour Dr. Nanda Gopaul.

He said that in the mining industry, both employers and their complainants seem to always be ‘out of touch’ with the ministry. Minister Gopaul stated that from the 1,244 complaints, only 24 or 1.9% were related to non-payment of wages below the National Minimum Wage. This is an indication that the National Minimum Wage is now settled and the defaulters, despite some amount of resistance, have now accommodated the request.

“Out of the complaints, the sum of Gy$31.5M was recovered on behalf of workers, and representing Gy$4.2M for annual leave, Gy$1M for overtime, Gy$12M for terminal benefits, Gy$13M for wages, and Gy$18.2M for complaints. During the course of 2014, Gy$49.7M was received on behalf of workers, filing cases with the ministry,” Minister Gopaul said.

In addition, the sums collected constituted ‘out-of-court’ settlements against employers and the number filed in 2014 was 141. The number of matters closed was 38 and for employers being taken to court in 2014, the figure rests at 57. The minister said that the number of charges was 362 in 2014, with 130 cases pending and filed, including paying of wages, failure to provide severance pay, in lieu of notice, and grant leave with pay.

Meanwhile, resulting from the complaints that were lodged, the sum of Gy$31.5M was recovered on behalf of the complainants. This includes payment of annual leave, overtime, terminal benefits, wages and a few related ones. In addition to these sums, a further Gy$18.263M, due on complainants for the previous year 2013, was collected, with the total garnered for the year being Gy$49.771.

The important thing of note within the Ministry of Labour was that there were some successful prosecutions for erring employers in 2014. The Labour Ministry was quite successful in this aspect of its mandate and in fact was able to recoup large sums for workers who were exploited. The Minister of Labour told the Guyana Information Agency (GINA) that a total of 141 prosecution cases were filed in 2014 against 57 employers, while 362 charges were instituted against the delinquent employers. Some 38 prosecution cases were closed in 2014, while 130 cases (2013-2014) are currently outstanding.

The charges instituted against the employers include failure to pay the entire amount of wages and severance allowances, no notices of termination, overtime neglect, and the non-honouring of the national minimum wages order. The most significant cases for 2014 include the Management of Tower Hotel and Strategic Action Security Agency. Employers who are delinquent and pay their staff less than the national minimum wage will, if found guilty, have to pay a fine of Gy$35,000 for the first offence. The second offence will result in a fine of Gy$75,000 and one month in jail.

The decision by Government to implement a national minimum wage will result in a higher standard of living, in addition to increased wages for approximately 31,000 workers. The national minimum wage, which was established in 2013, saw workers receiving up to Gy$35,000 per month, during a forty-hour work week.