Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Guyana (RATIFICATION: 1966)

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In its previous observations, the Committee referred to the recognition of only those unions claiming 40 per cent support of the workers, as set out in the Trade Union Recognition Act, and requested the Government to indicate any measure envisaged to ensure that, when no trade union reaches the 40 per cent threshold, bargaining rights can be granted to all unions in the bargaining unit, at least on behalf of their own members. The Committee takes note of the Government’s indication that the Trade Union Recognition Act stipulates that 40 per cent or more of the members of a bargaining unit must belong to a union to be recognized as the union for that entire bargaining unit, meaning that when a bargaining unit is contested by unions, the union with the highest number of votes will be certified and recognized as the union for that entire bargaining unit. While taking due note of the information provided by the Government, the Committee emphasizes that the representativeness requirements set by legislation to be designated as a bargaining agent may bear a substantial influence on the number of collective agreements concluded and that such requirements should be designed in a manner that effectively promotes the development of free and voluntary collective bargaining. Noting that the Trade Union Recognition Act does not contain provisions regulating cases in which no union reaches the threshold of 40 per cent support of workers to be recognized as a bargaining agent, the Committee requests once again the Government to take the necessary measures, in consultation with the most representative social partners, to ensure that the threshold established by legislation to become a bargaining agent effectively guarantees the promotion of collective bargaining within the meaning of the Convention, taking into consideration that, when the threshold is not reached, the existing unions should be given the possibility, jointly or separately, to bargain collectively, at least on behalf of their own members. The Committee reminds the Government that it may avail itself of the technical assistance of the Office.

Collective bargaining in practice. The Committee takes note of the Government’s indication that there are 18 unions currently participating in the collective bargaining agreements in the sectors of agriculture, banking, food manufacturing, insurance, retail, gasoline, government services, transportation and mining, and that since 2020, 15 collective bargaining agreements have been concluded, 8 signed in 2020 and 7 in 2021, and all are in force. Noting that the Government does not provide information on the number of workers covered by the collective agreements, the Committee requests it to provide information in this regard, and to continue to provide statistical information on the number of collective agreements concluded and in force in the country, indicating the sectors concerned.

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The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

In its previous observation, the Committee referred to the recognition of only those unions claiming 40 per cent support of the workers, as set out in the Trade Union Recognition Act. The Committee takes note of the Government’s statement that, at the request of the Trades Union Congress, the Trade Union Recognition Act provided for the recognition of unions that were recognized prior to the Act without having to prove that they had majority support (section 32). All unions benefited from this provision which the Government says is no longer applicable as all certificates applicable under this section have been issued. Given that the representativeness of unions might change, the Committee recalls once again that, if no union covers more than 40 per cent of the workers in the bargaining unit, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their members (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 241). The Committee hopes that significant progress respecting this issue will be made in the near future and requests the Government to provide information on the results of the consultative process.

Collective bargaining in practice. The Committee requests the Government to provide information on the measures taken, in conformity with Article 4 of the Convention, to promote collective bargaining as well as to provide information on the number of collective agreements concluded and in force in the country, indicating the sectors concerned and the number of workers covered.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes with deep concern that the Government’s report contains no reply to its previous comments.

In its previous observation, the Committee referred to the recognition of only those unions claiming 40 per cent support of the workers, as set out in the Trade Union Recognition Act. The Committee takes note of the Government’s statement that, at the request of the Trades Union Congress, the Trade Union Recognition Act provided for the recognition of unions that were recognized prior to the Act without having to prove that they had majority support (section 32). All unions benefited from this provision which the Government says is no longer applicable as all certificates applicable under this section have been issued. Given that the representativeness of unions might change, the Committee recalls once again that, if no union covers more than 40 per cent of the workers in the bargaining unit, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their members (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 241). The Committee hopes that significant progress respecting this issue will be made in the near future and requests the Government to provide information on the results of the consultative process.

Collective bargaining in practice. The Committee requests the Government to provide information on the measures taken, in conformity with Article 4 of the Convention, to promote collective bargaining as well as to provide information on the number of collective agreements concluded and in force in the country, indicating the sectors concerned and the number of workers covered.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes with deep concern that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments initially made in 2009.

Repetition

In its previous observation, the Committee referred to the recognition of only those unions claiming 40 per cent support of the workers, as set out in the Trade Union Recognition Act. The Committee takes note of the Government’s statement that, at the request of the Trades Union Congress, the Trade Union Recognition Act provided for the recognition of unions that were recognized prior to the Act without having to prove that they had majority support (section 32). All unions benefited from this provision which the Government says is no longer applicable as all certificates applicable under this section have been issued. Given that the representativeness of unions might change, the Committee recalls once again that, if no union covers more than 40 per cent of the workers in the bargaining unit, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their members (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 241). The Committee hopes that significant progress respecting this issue will be made in the near future and requests the Government to provide information on the results of the consultative process.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Collective bargaining in practice. The Committee requests the Government to provide information on the measures taken, in conformity with Article 4 of the Convention, to promote collective bargaining as well as to provide information on the number of collective agreements concluded and in force in the country, indicating the sectors concerned and the number of workers covered.

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The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments made in 2009. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

In its previous observation, the Committee referred to the recognition of only those unions claiming 40 per cent support of the workers, as set out in the Trade Union Recognition Act. The Committee takes note of the Government’s statement that, at the request of the Trades Union Congress, the Trade Union Recognition Act provided for the recognition of unions that were recognized prior to the Act without having to prove that they had majority support (section 32). All unions benefited from this provision which the Government says is no longer applicable as all certificates applicable under this section have been issued. Given that the representativeness of unions might change, the Committee recalls once again that, if no union covers more than 40 per cent of the workers in the bargaining unit, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their members (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 241). The Committee hopes that significant progress respecting this issue will be made in the near future and requests the Government to provide information on the results of the consultative process.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

In its previous observation, the Committee referred to the recognition of only those unions claiming 40 per cent support of the workers, as set out in the Trade Union Recognition Act. The Committee takes note of the Government’s statement that, at the request of the Trades Union Congress, the Trade Union Recognition Act provided for the recognition of unions that were recognized prior to the Act without having to prove that they had majority support (section 32). All unions benefited from this provision which the Government says is no longer applicable as all certificates applicable under this section have been issued. Given that the representativeness of unions might change, the Committee recalls once again that, if no union covers more than 40 per cent of the workers in the bargaining unit, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their members (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 241). The Committee hopes that significant progress respecting this issue will be made in the near future and requests the Government to provide information on the results of the consultative process.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

In its previous observation, the Committee referred to the recognition of only those unions claiming 40 per cent support of the workers, as set out in the Trade Union Recognition Act. The Committee takes note of the Government’s statement that, at the request of the Trades Union Congress, the Trade Union Recognition Act provided for the recognition of unions that were recognized prior to the Act without having to prove that they had majority support (section 32). All unions benefited from this provision which the Government says is no longer applicable as all certificates applicable under this section have been issued. Given that the representativeness of unions might change, the Committee recalls once again that, if no union covers more than 40 per cent of the workers in the bargaining unit, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their members (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 241). The Committee hopes that significant progress respecting this issue will be made in the near future and requests the Government to provide information on the results of the consultative process.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

In its previous observation, the Committee referred to the recognition of only those unions claiming 40 per cent support of the workers, as set out in the Trade Union Recognition Act. The Committee takes note of the Government’s statement that, at the request of the Trades Union Congress, the Trade Union Recognition Act provided for the recognition of unions that were recognized prior to the Act without having to prove that they had majority support (section 32). All unions benefited from this provision which the Government says is no longer applicable as all certificates applicable under this section have been issued. Given that the representativeness of unions might change, the Committee recalls once again that, if no union covers more than 40 per cent of the workers in the bargaining unit, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their members (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 241). The Committee hopes that significant progress respecting this issue will be made in the near future and requests the Government to provide information on the results of the consultative process.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

In its previous observation, the Committee referred to the recognition of only those unions claiming 40 per cent support of the workers, as set out in the Trade Union Recognition Act. The Committee takes note of the Government’s statement that, at the request of the Trades Union Congress, the Trade Union Recognition Act provided for the recognition of unions that were recognized prior to the Act without having to prove that they had majority support (section 32). All unions benefited from this provision which the Government says is no longer applicable as all certificates applicable under this section have been issued. Given that the representativeness of unions might change, the Committee recalls once again that, if no union covers more than 40 per cent of the workers in the bargaining unit, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their members (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 241). The Committee hopes that significant progress respecting this issue will be made in the near future and requests the Government to provide information on the results of the consultative process.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that the Government’s report does not reply to the outstanding comments. It must therefore repeat its previous observation which read as follows:

Repetition

In its previous observation, the Committee referred to the recognition of only those unions claiming 40 per cent support of the workers, as set out in the Trade Union Recognition Act. The Committee takes note of the Government’s statement that, at the request of the Trades Union Congress, the Trade Union Recognition Act provided for the recognition of unions that were recognized prior to the Act without having to prove that they had majority support (section 32). All unions benefited from this provision which the Government says is no longer applicable as all certificates applicable under this section have been issued. Given that the representativeness of unions might change, the Committee recalls once again that, if no union covers more than 40 per cent of the workers in the bargaining unit, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their members (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 241). The Committee hopes that significant progress respecting this issue will be made in the near future and requests the Government to provide information on the results of the consultative process.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

In its previous observation, the Committee referred to the recognition of only those unions claiming 40 per cent support of the workers, as set out in the Trade Union Recognition Act. The Committee takes note of the Government’s statement that, at the request of the Trades Union Congress, the Trade Union Recognition Act provided for the recognition of unions that were recognized prior to the Act without having to prove that they had majority support (section 32). All unions benefited from this provision which the Government says is no longer applicable as all certificates applicable under this section have been issued. Given that the representativeness of unions might change, the Committee recalls once again that, if no union covers more than 40 per cent of the workers in the bargaining unit, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their members (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 241). The Committee hopes that significant progress respecting this issue will be made in the near future and requests the Government to provide information on the results of the consultative process.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous observation, the Committee referred to the recognition of only those unions claiming 40 per cent support of the workers, as set out in the Trade Union Recognition Act. The Committee takes note of the Government’s statement that, at the request of the Trades Union Congress, the Trade Union Recognition Act provided for the recognition of unions that were recognized prior to the Act without having to prove that they had majority support (section 32). All unions benefited from this provision which the Government says is no longer applicable as all certificates applicable under this section have been issued. Given that the representativeness of unions might change, the Committee recalls once again that, if no union covers more than 40 per cent of the workers in the bargaining unit, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their members (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 241). The Committee hopes that significant progress respecting this issue will be made in the near future and requests the Government to provide information on the results of the consultative process.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

In its previous observation, the Committee referred to the recognition of only those unions claiming 40 per cent support of the workers, as set out in the Trade Union Recognition Act. The Committee takes note of the Government’s statement that, at the request of the Trades Union Congress, the Trade Union Recognition Act provided for the recognition of unions that were recognized prior to the Act without having to prove that they had majority support (section 32). All unions benefited from this provision which the Government says is no longer applicable as all certificates applicable under this section have been issued. Given that the representativeness of unions might change, the Committee recalls once again that, if no union covers more than 40 per cent of the workers in the bargaining unit, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their members (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 241). The Committee hopes that significant progress respecting this issue will be made in the near future and requests the Government to provide information on the results of the consultative process.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes the Government’s detailed reply to the comments made by the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation).

The Committee notes that the Government did not deny the ICFTU’s comment to the effect that, in December 2005, it set the level of the public sector pay raise without consulting the Guyana Public Service Union (GPSU) – in breach of the collective agreement with the union. The Committee recalls the importance it attaches to the respect of collective agreements and requests the Government to ensure that collective agreements are respected in the future.

In its previous observation, the Committee referred to the recognition of only those unions claiming 40 per cent support of the workers, as set out in the Trade Union Recognition Act. The Committee takes note of the Government’s statement that, at the request of the Trades Union Congress, the Trade Union Recognition Act provided for the recognition of unions that were recognized prior to the Act without having to prove that they had majority support (section 32). All unions benefited from this provision which the Government says is no longer applicable as all certificates applicable under this section have been issued. Given that the representativeness of unions might change, the Committee recalls once again that, if no union covers more than 40 per cent of the workers in the bargaining unit, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their members (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 241). The Committee hopes that significant progress respecting this issue will be made in the near future and requests the Government to keep it informed of the results of the consultative process.

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The Committee notes the Government’s report and reply to the comments submitted by the International Confederation of Free Trade Unions (ICFTU) in 2003, and the comments submitted by the ICFTU on 10 August 2006.

1. The Committee notes from the Government’s reply to the comments submitted by the ICFTU in 2003 that: (1) the Trade Union Recognition Act contains protective provisions prohibiting and dissuasively sanctioning anti-union discrimination; and (2) the matter relating to the refusal of the Forestry Commission to recognize, for collective bargaining purposes, the Guyana Public Service Union (GPSU), has been dealt with by the Committee on Freedom of Association in Case No. 2187.

2. The Committee notes further the ICFTU’s comment, in its 2006 communication, that, in December 2005, the Government set the level of the public sector pay rise without consulting the GPSU – in breach of the collective agreement with the union. The Committee requests the Government to reply to the ICFTU comment in its next report.

3. Previously the Committee had referred to the recognition of only those unions claiming 40 per cent support of the workers, as set out in the Trade Union Recognition Act. Noting that the Government provides no information respecting this matter, the Committee recalls the Government’s previous indication that consultations on this provision would be held with representative organizations of employers and workers. Further recalling that, if no union covers more than 40 per cent of the workers, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their members (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 241), the Committee hopes that significant progress respecting this issue would be made in the near future and requests the Government to keep it informed of the results of the consultative process.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments, which read as follows:

1. The Committee notes that the Government’s response to the comments made by the International Confederation of Free Trade Unions (ICFTU), dated 28 October 2003, has not been received.

The Committee notes that the ICFTU claims: (1) the absence of legislation against anti-union discrimination; (2) the imposition of working conditions in the public sector by means of circulars issued by the administration, frequently ignoring collective bargaining agreements; (3) refusal by the Forestry Commission to recognize the Guyana Public Service Union (GPSU); and (4) direct negotiation by the President of Guyana with the workers of the bauxite industry, ignoring the trade union. The Committee once again requests the Government to send its observations on these matters and to ensure the full application of the Convention.

2. The Committee recalls that the Trade Union Recognition Act provides for compulsory recognition of trade unions based upon 40 per cent support of the workers and had requested the Government to indicate any measure envisaged to ensure that, when any trade union has less than 40 per cent support of the workers, bargaining rights can be granted to all unions in the bargaining unit, at least on behalf of their own members. The Committee had noted in 2003 that in its report the Government indicated that this matter will be transmitted to the representative organizations of employers and trade unions for their comments. The Committee hopes that the consultative process will be concluded soon and requests the Government to keep it informed of the views of the social partners and any measures adopted pursuant to the consultations

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes that the Government’s response to the comments made by the International Confederation of Free Trade Unions (ICFTU), dated 28 October 2003, has not been received.

1. The Committee notes that the ICFTU alleges: (1) the absence of legislation against anti-union discrimination; (2) the imposition of working conditions in the public sector by means of circulars issued by the administration, frequently ignoring collective bargaining agreements; (3) refusal by the Forestry Commission to recognize the Guyana Public Service Union (GPSU); and (4) direct negotiation by the President of Guyana with the workers of the bauxite industry, ignoring the trade union. The Committee once again requests the Government to send its observations on these matters.

2. The Committee will address the remaining issues (requirement of 40 per cent support of workers for the recognition of a trade union) next year, in the framework of the regular reporting cycle.

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1. The Committee takes note of the Government’s report. It also takes note of the report of the Committee on Freedom of Association on Case No. 2187 (see 332nd Report, paragraphs 691-729). The Committee also takes note of the comments made by the International Confederation of Free Trade Unions (ICFTU), dated 28 October 2003, and requests the Government to reply thereto.

2. The Committee recalls that in its previous direct request it had noted that the Trade Union Recognition Act provided for compulsory recognition of trade unions based upon 40 per cent support of the workers and had requested the Government to indicate any measure envisaged to ensure that, when any trade union has less than 40 per cent support of the workers, bargaining rights can be granted to all unions in the bargaining unit, at least on behalf of their own members. The Committee notes that in its report the Government indicates that this matter will be transmitted to the representative organizations of employers and trade unions for their comments. The Committee hopes that the consultative process will be concluded soon and requests the Government to keep it informed of the views of the social partners and any measures adopted pursuant to the consultations.

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The Committee notes the information supplied by the Government in its report.

Article 4 of the Convention. The Committee had previously noted that the Trade Union Recognition Act provided for compulsory recognition of trade unions based upon 40 per cent support of the workers. The Committee notes that according to the Government no measure is envisaged for minority unions to be granted bargaining rights. The Committee points out that when any trade union has less that 40 per cent support of the workers, bargaining rights should be granted to unions in the bargaining unit, at least on behalf of their own members. It asks the Government to indicate any measure envisaged to ensure full conformity with the Convention on this matter.

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The Committee notes the Government's report.

Article 1 of the Convention. The Committee notes with interest the adoption of the Trade Union Recognition Bill, affording additional protection to workers engaged in trade union activities.

Article 4 of the Convention. The Committee notes that the Trade Union Recognition Act also provides for compulsory recognition of trade unions based upon 40 per cent support of the workers. The Committee notes that according to the Government it was never the practice for minority unions to be granted bargaining rights. The Committee points out that when any trade union has less that 40 per cent support of the workers, bargaining rights should be granted to unions in the bargaining unit, at least on behalf of their own members. It asks the Government to indicate any measure envisaged to ensure full conformity with the Convention on this matter.

The Government had indicated in previous reports that collective agreements were "vetted and countersigned by the Ministry of Labour". The Committee had requested the Government to clarify in its next report what this vetting process consisted of. The Committee notes that according to the Government collective agreements are not subject to prior governmental approval and that the Ministry of Labour simply ensures that the agreements are not in breach of statutory laws and provisions of ILO Conventions.

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The Committee notes the Government's report.

Article 1 of the Convention. The Committee notes that the Government has indicated that the Trade Union Recognition Bill is presently before Parliament, affording additional protection to workers engaged in trade union activities. The Committee requests the Government to forward a copy of the legislation once it has been adopted.

Article 4 of the Convention. The Committee notes that the Trade Union Recognition Bill also provides for compulsory recognition of trade unions. The Committee notes further the Government's statement that at present trade unions are recognized by employers based upon majority support and that a change of union representation is determined based on a poll conducted by the Ministry of Labour. The Committee requests the Government to indicate in its next report the situation of minority unions, in particular where no union or group of unions represents a majority of employees, are collective bargaining rights granted to the minority unions in the bargaining unit, at least on behalf of their own members.

The Government has indicated in its report that collective agreements are "vetted and countersigned by the Ministry of Labour". The Committee requests the Government to clarify in its next report what this vetting process consists of, and recalls in this regard that requiring collective agreements to be subject to prior governmental approval before coming into force is incompatible with the requirements of the Convention.

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of the information provided by the Government on the effect given to the recommendations of the Committee on Freedom of Association in Case No. 1330 (see para. 17 of the 256th Report of the Committee approved by the Governing Body in May-June 1988) which is relevant to this Committee's previous direct request.

It notes that, following over three years of judicial proceedings, by a decision dated 28 October 1987, the Court of Appeal of the Supreme Court of Guyana held that certain sections (imposing a wage freeze and restricting collective bargaining in a widely defined "public sector") of the Labour (Amendment) Act, No. 9 of 1984 were unconstitutional and void.

The Committee notes that, in view of this decision, public corporations or any other corporate body in which the State or a state agency has a controlling interest are now in a position to resume collective bargaining with individual unions representing their employees.

So as to be able to verify that Articles 4 and 6 of the Convention are now being fully applied, particularly in view of the fact that the category of public sector workers previously restricted in their bargaining clearly falls within the scope of Convention No. 98 (see General Survey on Freedom of Association and Collective Bargaining, 1983, para. 255), the Committee requests the Government to provide the following information in its next report:

(a) How far has collective bargaining been resumed following the October 1987 Supreme Court judgement?

(b) How many collective agreements or awards have been concluded?

(c) What specific sectors are covered and how many workers are involved?

(d) What is the current status of the wages agreement entered into on 21 April 1987 by the Government and the Trades Union Congress for public sector workers, to which reference is also made in a direct request concerning Guyana's application of Convention No. 151?

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The Committee takes note of the information provided by the Government on the effect given to the recommendations of the Committee on Freedom of Association in Case No. 1330 (see para. 17 of the 256th Report of the Committee approved by the Governing Body in May-June 1988) which is relevant to this Committee's previous direct request.

It notes that, following over three years of judicial proceedings, by a decision dated 28 October 1987, the Court of Appeal of the Supreme Court of Guyana held that certain sections (imposing a wage freeze and restricting collective bargaining in a widely defined "public sector") of the Labour (Amendment) Act, No. 9 of 1984 were unconstitutional and void.

The Committee notes that, in view of this decision, public corporations or any other corporate body in which the State or a state agency has a controlling interest are now in a position to resume collective bargaining with individual unions representing their employees.

So as to be able to verify that Articles 4 and 6 of the Convention are now being fully applied, particularly in view of the fact that the category of public sector workers previously restricted in their bargaining clearly falls within the scope of Convention No. 98 (see General Survey on Freedom of Association and Collective Bargaining, 1983, para. 255), the Committee requests the Government to provide the following information in its next report:

(a)How far has collective bargaining been resumed following the October 1987 Supreme Court judgement?

(b)How many collective agreements or awards have been concluded?

(c)What specific sectors are covered and how many workers are involved?

(d)What is the current status of the wages agreement entered into on 21 April 1987 by the Government and the Trades Union Congress for public sector workers, to which reference is also made in a direct request concerning Guyana's application of Convention No. 151?