Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Labour Administration Convention, 1978 (No. 150) - Guyana (Ratification: 1983)

Other comments on C150

Observation

Direct Request

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Referring to to its observation, the Committee notes with regret that the Government’s report is confined to providing vague and incomplete information in reply to its direct request made in 2007 and repeated in 2009, 2010 and 2011. It therefore also wishes to raise the following points:

Articles 1, 4 and 6 of the Convention. Functions of the labour administration system. The Committee understands that the resources of the labour administration system in Guyana are placed primarily on OSH labour inspection activities in the areas of training education, travelling to hinterland areas and acquiring of scientific instruments for workplace inspections and investigations of industrial accidents. Referring to Chapter II of the 1997 General Survey on labour administration, the Committee reminds the Government that the overall functions of the labour administration systems are more comprehensive than labour inspections and include responsibility for or contribution to the preparation, administration, coordination, checking and review of national labour policy, including by being the instrument of the public administration for the preparation and implementation of laws and regulations giving effect to such policy (Article 6(1)). Without being exhaustive, the Convention lists the principal functions that the bodies of the labour administration system must cover. Article 6(2), and Paragraphs 5–18 of Recommendation No. 158 detail further aspects of national labour policy covering the areas of labour standards, labour relations, employment and research in labour matters. The Committee requests the Government to provide detailed information on the current working of the labour administration system, as well as copy of the texts governing the structure and operation of the principal bodies competent in the fields of the preparation, administration and review of the national labour policy, and extracts from the periodic reports and other information submitted by these bodies.

Furthermore, the Committee requests once again the Government to indicate the arrangements made to ensure the effective operation, and the coordination, of the functions and responsibilities of the labour administration systems (Article 4).

Article 10. Staff, status, material means and financial resources of the labour administration system. The Committee notes that, between 2006 and 2012, the staff of the labour administration system decreased from 22 to 18. The Committee also notes that, according to the Government’s brief report, the key positions of both the Chief Labour OSH Officer and the Deputy Chief Labour OSH Officer are appointed on contractual agreement renewable on a three year basis, while other staff members are public servants.

The Committee recalls that it raised the issue of the uncompetitive remuneration in the public service and the critical lack of personnel and means of transport in the labour administration system as early as 2000. Referring to paragraph 160 of its 1997 General Survey on labour administration, the Committee reminds the Government that the effectiveness of a labour administration system also depends on the material means and financial resources placed at its disposal by the State for the effective performance of the duties and responsibilities assigned to it. It emphasizes that the stability of labour administration personnel and conditions of service which guarantee them independence from any improper external influence are a prerequisite for the operation of the labour administration system that can help to achieve the objectives assigned to this public service. The Committee requests the Government to endeavour to the fullest possible extent to ensure that the material means and financial resources allocated to the labour administration system are sufficient for the effective exercise of its functions. The Committee would be grateful if the Government would send copies of the work plan and the programme for the financial resources of the labour administration and if it would continue to provide detailed information on the needs of the labour administration system. It also requests the Government to describe the criteria and procedures followed for the recruitment of labour administration staff including executive staff.

The Committee reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.