T.E.S.P.A. is the lawyers’ acronym for the Termination of Employment and Severance Pay Act. It was passed in 1997 and is one of the most important pieces of legislation in the history of Guyana. Its objective is “to provide for the conditions governing termination of employment and grant of redundancy or severance pay to employees and for matters connected therewith.”

Issues affecting workers confront lawyers, employers and trade unions on a regular basis, not to mention workers themselves. Individual workers who do not belong to trade unions are sometimes at the mercy of some employers who are unscrupulous. They would dismiss workers at will and refuse to pay severance pay. Because these workers have no collective strength they are unable to enforce their rights. They either cannot afford to retain the services of lawyers or the sum is not large enough for a lawyer to pursue. The Ministry of Labour is not always accessible or is not always able to overcome the objections of some employers.

Continue reading “T. E. S. P. A. AND THE WORKERS OF DIAMOND ESTATE”

The National Insurance Scheme which was established by the PNC Government during its term of office was an act of foresight. It has provided a vital safety net for thousands of Guyanese faced with illness or disability arising from accidents during the course of employment. The contributions are burdensome for the lower paid and the benefits are wholly inadequate. But were it not for the NIS, nothing would have been forthcoming. It is to the credit of successive PNC and PPP/C Governments to have ensured the survival of the NIS which has the critical support of all Guyanese.   

Under the National Insurance and Social Security Act, persons who are between the ages of sixteen and sixty and who are gainfully occupied in insurable employment are required to be insured and to remain so insured for life. Persons who are insured are entitled to a range of assistance including invalidity benefit, survivor’s benefit, sickness benefit, maternity benefit, funeral benefit, child care benefit and constant attendance benefit.

Continue reading “THE NIS AND PENSIONERS”

The Guyana Agricultural and General Workers’ Union (GAWU) launched its GAWU Labour College last Thursday, built at a cost of $110 million. It was a memorable event. A large cross-section of Guyanese was present – from labour, business and politics – and they joined in welcoming the opening of the school by Senior Counsel, Ashton Chase, erstwhile eminent politician and labour leader. The President of GAWU, Komal Chand, outlined the aims and objectives of the College. The Ministers of Labour and Education offered their congratulations and pledged their support. Dr. Ana Teresa Romero, the director of the International Labour Organisation Subregional Office for the Caribbean, addressed the ceremony which was chaired by the Principal of the College, Navin Chandrapal. The establishment of the College was recognized by all the speakers to be an outstanding achievement for the Union and a milestone for labour education for Guyana.

The GAWU Labour College is the second of its kind in Guyana. The Critchlow Labour College was established many years ago and is managed by the Trades Union Congress (TUC). It was a flourishing educational institution which was heavily subsidized by the Government. However, the division in the labour movement had its inevitable repercussions on the Critchlow Labour College. The subsidies from the Government were discontinued as a result of disagreement in the implementation of reforms in the management of the Critchlow Labour College. It has recently opened its doors once again and it must be the hope of all persons of goodwill that Critchlow will be restored to its place of eminence in the educational system as soon as possible.

Continue reading “THE GAWU LABOUR COLLEGE”

Constitutional reform is once again in the air and it may well be an issue in the upcoming election campaign.

Continue reading “CONSTITUTIONAL REFORM”

For many years the stringency of the libel laws in Guyana has been the subject of debate. The victims of libel actions have always complained that the inflexibility of the libel laws reduce their capacity to expose wrongdoing of public figures who have duties to the citizens. Our situation was always contrasted with that of the United States where it appeared that politicians could be lawfully criticized with a defamatory vehemence which was impossible in Guyana. The PPP, other opposition forces and sections of the press were victims of libel actions and complained bitterly when in opposition. But the PPP/C government did not follow up the PPP’s criticisms by reforming the law after it came to office. Prime Minister Bruce Golding of Jamaica initiated a study of the issue as promised when he was in opposition.

Continue reading “CRITICIZING PUBLIC OFFICIALS”