Labor law in Guyana

Guyana's main labor-law framework includes the Labour Act Cap.98:01, the Termination of Employment and Severance Pay Act Cap.96:01, the Leave With Pay Act Cap.99:02, the Labour (National Minimum Wage) Order 2022, the Occupational Safety and Health Act, the Prevention of Discrimination Act Cap.99:08, the Trade Unions Act Cap.98:03 and the Trade Union Recognition Act Cap.98:07. These national rules apply throughout Guyana. No separate administrative or municipal labor-law system was identified, although sector-specific rules for factories, shops, bakeries, household service and public utilities can change particular details. An employment relationship may be express, implied or oral. When offering work, the employer must state the basis or rate of pay, such as payment by task or by day, and must provide updated wage particulars when the rate changes. The reviewed official sources do not establish a general requirement for every individual employment relationship to have a written contract. An individual contract or collective bargaining agreement may provide better terms, but it cannot remove statutory minimum standards. Normal working time is generally 8 hours a day and 40 hours a week, with a maximum of 5 days per week. Overtime must be paid at least 1.5 times the hourly rate. Work on Sundays and public holidays generally attracts at least 1.5 times the hourly rate. In factories, work on Sunday and on Labour Day, Good Friday, Easter Monday, Christmas, Eid-ul-Adha and Phagwah is paid at twice the rate. Shops, factories, bakeries and other sectors may have additional working-time rules. From 1 July 2022, the national minimum wage is GYD 347 per hour, GYD 2,776 per day, GYD 13,880 per week or GYD 60,147 per month, according to the applicable payment basis. An employer may not reduce a higher existing wage because of the minimum-wage order. Wages are normally paid weekly, every two weeks or monthly unless the parties agree otherwise. The employee is entitled to the full wage except for lawful deductions, and monthly deductions are generally limited to one third of the wage. A minimum-wage violation carries a penalty of GYD 50,000 for a first offence and GYD 100,000 for a later offence, with possible imprisonment for one month. Paid leave accrues at least at one day for each completed month for weekly, fortnightly or monthly paid employees. Daily-paid employees accrue one day for every 20 days worked, and hourly-paid employees accrue one day for every 160 hours worked. Leave should generally include at least 6 consecutive days and should be used within 3 months after it becomes due unless another arrangement applies. Sundays and public holidays do not count as leave days. Unused accrued leave must be paid proportionately when employment ends. Maternity and sick leave preserve continuity of employment, but the available research does not establish the complete amount of each entitlement. The Prevention of Discrimination Act prohibits discrimination in employment and addresses sexual harassment and equal remuneration. The termination rules also protect employees from dismissal or discipline based on race, sex, religion, colour, ethnic origin, national extraction, social origin, political opinion, family responsibility, marital status, age subject to retirement rules or a collective agreement, pregnancy, certified sickness or injury, civic duty, lawful industrial action, or a complaint or legal proceeding. The employer has the main responsibility for safe and healthy working conditions. Workers have a right to a safe workplace. The Occupational Safety and Health Department provides information, advice, supervision and regulatory services, including inspections, accident reporting and workplace safety committees. These protections are relevant in both the formal and informal economy where the applicable safety rules cover the work. Workers may register trade unions and use collective bargaining agreements. The Trade Union Recognition and Certification Board has 7 members. A union applies in writing for recognition of a bargaining unit, and the Board should decide within a maximum of 4 months. Where one union is seeking recognition, certification requires at least 40% support in the membership survey. Where several unions compete, a secret poll applies; certification is not granted if voter turnout is below 40%, and the union with the highest support succeeds under the applicable rules. Employers may not dismiss or disadvantage workers for lawful union activity. Union officers and delegates receive protected leave for statutory duties. The Ministry of Labour and Manpower Planning provides advice, labor inspection and enforcement, conciliation and mediation, union-certification functions and access to arbitration tribunals. A labor complaint may be submitted to the Ministry's Head Office at 82 Brickdam Street, Georgetown, by the official email, telephone or web form. The Ministry's official page states that a response usually takes place within 48 hours, excluding weekends; no complaint fee is stated. Wage or working-condition disputes normally go to the Ministry or the Chief Labour Officer. Occupational-safety complaints go to the Occupational Safety and Health Department. A claim concerning unfair dismissal or a breach of section 8 of the termination legislation goes to the High Court, while unreasonable disciplinary action may be determined by the Chief Labour Officer. The Minister may inquire into a labor dispute and promote settlement, and arbitration may occur with the parties' consent. For an unspecified-term employment contract, termination may occur by mutual agreement, redundancy, good or sufficient cause, or written notice. During probation, either party may end the relationship for any reason without notice. The notice period is 2 weeks for employment of less than 1 year and 1 month after at least 1 year, with the same period applying to employer and employee. Payment in lieu of notice must include remuneration and benefits for the notice period. Serious misconduct may justify summary dismissal without notice, severance or a terminal benefit. Lesser misconduct generally requires a written warning; a repeat within 6 months may lead to termination. For redundancy, the employer must inform and consult the recognised union or employee representative and notify the Chief Labour Officer within the statutory period, described in the reviewed framework as no later than 1 month after the relevant circumstances. A layoff may last up to 6 weeks. After at least 1 year of continuous employment, statutory severance is generally 1 week's pay for each year from 1 to 5 years, 2 weeks' pay for each year after 5 through 10 years, and 3 weeks' pay for each year above 10 years, subject to a maximum of 52 weeks. Probation, summary dismissal and specified misconduct can exclude severance. An employee may request a certificate of termination. The High Court may award compensation or another just remedy for unfair dismissal. Case-specific reliance requires verification of the current law, the sector rules, the contract and the facts.