Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Guyana (Ratification: 1996)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3. National policy for the hotel, restaurant, and catering industry. Application in practice. For more than 20 years, the Committee has been requesting the Government to take the necessary steps to initiate the process for the formulation of a national policy on hotel and restaurant workers, as required by Article 3(1) of the Convention. The Committee welcomes the Government’s indication that it will bring to the attention of the National Tripartite Committee the need to develop a national policy on hotel and restaurant workers. The Government adds that it will also engage in consultations in this respect with the Ministry of Tourism, Industry and Commerce, the Guyana Tourism Authority (GTA), and the Tourism and Hospitality Association of Guyana (THAG). The Committee also notes the Government’s indication that persons employed in hotels and restaurants are covered under national legislation, such as the Labour (Conditions and Employment of Certain Workers) Act, Cap. 99:03 and the Occupational Health and Safety Act, Cap 99:06. The Committee expresses the firm hope that the Government will take the necessary steps to initiate the process for the formulationof a national policy on hotel and restaurant workers. It requests the Government to provide information on all developments in this regard and reminds the Government that it may avail itself of the technical assistance of the Office in this respect, should it wish to do so. The Committee also requests the Government to provide updated and detailed information on the application of the Convention in practice, including statistical data disaggregated by sex, age and category of work in the sector, the number of labour inspections carried out, the results of such inspections and the measures taken, if any. It further invites the Government to provide updated information on the impact of the COVID-19 pandemic on the hotel and restaurant sector in the country, including with respect to measures taken to support and preserve jobs in the sector.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3. National policy for the hotel, restaurant and catering industry. The Committee takes due note of the adoption of four new regulations concerning the tourism industry in Guyana (the Guyana Tourism Authority (Tourist Guides) Regulations No. 18 of 2008, the Guyana Tourism Authority (Tourism Accommodation Establishments) Regulations No. 16 of 2008, the Guyana Tourism Authority (Lodges and Resorts) Regulations No. 19 of 2008 and the Guyana Tourism Authority (Tour Operators) Regulations No. 17 of 2008), that entered into force in 2008. It also notes the Government’s report received in May 2014, which indicates that there is no national policy concerning working conditions in hotels, restaurants and similar establishments. The Committee wishes to draw the Government’s attention to the fact that Article 3(1) of the Convention specifically requires to adopt and apply, in a manner appropriate to national law, conditions and practice, a policy designed to improve the working conditions of the workers concerned. The Committee once again requests the Government to take the necessary steps in order to initiate the process for the formulation of a national policy on hotel and restaurant workers.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3. National policy for the hotel, restaurant and catering industry. The Committee takes due note of the adoption of four new regulations concerning the tourism industry in Guyana (the Guyana Tourism Authority (Tourist Guides) Regulations No. 18 of 2008, the Guyana Tourism Authority (Tourism Accommodation Establishments) Regulations No. 16 of 2008, the Guyana Tourism Authority (Lodges and Resorts) Regulations No. 19 of 2008 and the Guyana Tourism Authority (Tour Operators) Regulations No. 17 of 2008), that entered into force in 2008. It also notes the Government’s report received in May 2014, which indicates that there is no national policy concerning working conditions in hotels, restaurants and similar establishments. The Committee wishes to draw the Government’s attention to the fact that Article 3(1) of the Convention specifically requires to adopt and apply, in a manner appropriate to national law, conditions and practice, a policy designed to improve the working conditions of the workers concerned. The Committee once again requests the Government to take the necessary steps in order to initiate the process for the formulation of a national policy on hotel and restaurant workers.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Article 3. National policy for the hotel, restaurant and catering industry. The Committee takes due note of the adoption of four new regulations concerning the tourism industry in Guyana (the Guyana Tourism Authority (Tourist Guides) Regulations No. 18 of 2008, the Guyana Tourism Authority (Tourism Accommodation Establishments) Regulations No. 16 of 2008, the Guyana Tourism Authority (Lodges and Resorts) Regulations No. 19 of 2008 and the Guyana Tourism Authority (Tour Operators) Regulations No. 17 of 2008), that entered into force in 2008. It also notes the Government’s report received in May 2014, which indicates that there is no national policy concerning working conditions in hotels, restaurants and similar establishments. The Committee wishes to draw the Government’s attention to the fact that Article 3(1) of the Convention specifically requires to adopt and apply, in a manner appropriate to national law, conditions and practice, a policy designed to improve the working conditions of the workers concerned. The Committee once again requests the Government to take the necessary steps in order to initiate the process for the formulation of a national policy on hotel and restaurant workers.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3. National policy for the hotel, restaurant and catering industry. The Committee takes due note of the adoption of four new regulations concerning the tourism industry in Guyana (the Guyana Tourism Authority (Tourist Guides) Regulations No. 18 of 2008, the Guyana Tourism Authority (Tourism Accommodation Establishments) Regulations No. 16 of 2008, the Guyana Tourism Authority (Lodges and Resorts) Regulations No. 19 of 2008 and the Guyana Tourism Authority (Tour Operators) Regulations No. 17 of 2008), that entered into force in 2008. It also notes the Government’s report received in May 2014, which indicates that there is no national policy concerning working conditions in hotels, restaurants and similar establishments. The Committee wishes to draw the Government’s attention to the fact that Article 3(1) of the Convention specifically requires to adopt and apply, in a manner appropriate to national law, conditions and practice, a policy designed to improve the working conditions of the workers concerned. The Committee once again requests the Government to take the necessary steps in order to initiate the process for the formulation of a national policy on hotel and restaurant workers.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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 direct request, which read as follows:

Repetition

Articles 3(1), 4(4), 6(2) and 8 of the Convention. Working conditions in hotels and restaurants. The Committee notes that the Government’s report contains very limited information in response to the specific points raised in previous comments. In the interest of maintaining a meaningful dialogue with the supervisory bodies of the Organization, the Committee once again requests the Government to provide up-to-date and detailed information on the manner in which effect is given in law and in practice to the following requirements of the Convention: adoption and implementation of a national policy designed to improve the working conditions of those employed in the hotel, restaurant and catering industry (Article 3); measures to ensure that the workers concerned have sufficient advance notice of working schedules applicable to them (Article 4); specific measures, legislative or others, to prevent fixed remuneration from being replaced by voluntary gratuities or tipping (Article 6); implementation of the Convention through collective agreements (Article 8).

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

Articles 3(1), 4(4), 6(2) and 8 of the Convention. Working conditions in hotels and restaurants. The Committee notes that the Government’s report contains very limited information in response to the specific points raised in previous comments. In the interest of maintaining a meaningful dialogue with the supervisory bodies of the Organization, the Committee once again requests the Government to provide up-to-date and detailed information on the manner in which effect is given in law and in practice to the following requirements of the Convention: adoption and implementation of a national policy designed to improve the working conditions of those employed in the hotel, restaurant and catering industry (Article 3); measures to ensure that the workers concerned have sufficient advance notice of working schedules applicable to them (Article 4); specific measures, legislative or others, to prevent fixed remuneration from being replaced by voluntary gratuities or tipping (Article 6); implementation of the Convention through collective agreements (Article 8).

Part V of the report form. Application in practice. The Committee requests the Government to collect and transmit information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of applicable collective agreements, extracts from labour inspection reports, and official studies or surveys, which may have been conducted by public authorities or industrial associations, such as the Tourism and Hospitality Association of Guyana (THAG), concerning the employment situation or any difficulties experienced in the hotel and catering sector.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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:

Repetition

Article 3(1) of the Convention. National policy. The Committee notes the Government’s statement that there is no national policy, but the social services subcommittee of the tripartite committee keeps the working conditions in hotels and restaurants under review. The Government is requested to provide concrete information on the activities of the subcommittee, including any recent surveys or studies concerning the social dimensions of the hotel and catering industry. Given the importance of this sector for the national economy, the Committee requests the Government to keep the Office informed of the formulation and implementation of any comprehensive strategies or policies which might be developed in consultation with employers’ and workers’ organizations for the improvement of the conditions of work in hotels, restaurants and similar establishments. The Committee would particularly appreciate receiving additional information on any national training schemes and programmes designed to improve the skills and enhance the career prospects of those employed in the hotel, restaurant and catering industry.

Article 4(4). Advance notice of working schedules. While noting the Government’s reference to the employers’ obligation to maintain special registers showing the hours of employment of every employee, the Committee requests the Government to clarify whether any arrangements exist, for instance, by the posting of notices or otherwise, to ensure that the workers concerned have sufficient advance knowledge of working schedules, as laid down in this Article of the Convention.

Article 6(2). Basic remuneration regardless of tipping. With reference to “tipping”, the Committee notes the Government’s indication that there is no national practice and that each establishment is allowed to make its own arrangement. The Committee requests the Government to specify the legal provision which expressly prevents “tipping” from being treated as remuneration and ensures that the basic fixed wage of the workers concerned may not be replaced by a system of voluntary gratuities, as required under this Article of the Convention.

Article 8. Means of application. Based on the Government’s previous indication that a few establishments have been unionized and apply higher standards to the workers concerned through collective bargaining agreements, the Committee again asks the Government to provide copies of any such agreements applicable to workers covered by the provisions of the Convention.

Part V of the report form. Application in practice. In the absence of any information on this point, the Committee asks the Government to supply in its next report up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers employed in the hotel, restaurant and catering industry, labour inspection results, and any other particulars bearing on the effect given to the Convention in practice.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Article 3(1) of the Convention. National policy. The Committee notes the Government’s statement that there is no national policy, but the social services subcommittee of the tripartite committee keeps the working conditions in hotels and restaurants under review. The Government is requested to provide concrete information on the activities of the subcommittee, including any recent surveys or studies concerning the social dimensions of the hotel and catering industry. Given the importance of this sector for the national economy, the Committee requests the Government to keep the Office informed of the formulation and implementation of any comprehensive strategies or policies which might be developed in consultation with employers’ and workers’ organizations for the improvement of the conditions of work in hotels, restaurants and similar establishments. The Committee would particularly appreciate receiving additional information on any national training schemes and programmes designed to improve the skills and enhance the career prospects of those employed in the hotel, restaurant and catering industry.

Article 4(4). Advance notice of working schedules. While noting the Government’s reference to the employers’ obligation to maintain special registers showing the hours of employment of every employee, the Committee requests the Government to clarify whether any arrangements exist, for instance, by the posting of notices or otherwise, to ensure that the workers concerned have sufficient advance knowledge of working schedules, as laid down in this Article of the Convention.

Article 6(2). Basic remuneration regardless of tipping. With reference to “tipping”, the Committee notes the Government’s indication that there is no national practice and that each establishment is allowed to make its own arrangement. The Committee requests the Government to specify the legal provision which expressly prevents “tipping” from being treated as remuneration and ensures that the basic fixed wage of the workers concerned may not be replaced by a system of voluntary gratuities, as required under this Article of the Convention.

Article 8. Means of application. Based on the Government’s previous indication that a few establishments have been unionized and apply higher standards to the workers concerned through collective bargaining agreements, the Committee again asks the Government to provide copies of any such agreements applicable to workers covered by the provisions of the Convention.

Part V of the report form. Application in practice. In the absence of any information on this point, the Committee asks the Government to supply in its next report up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers employed in the hotel, restaurant and catering industry, labour inspection results, and any other particulars bearing on the effect given to the Convention in practice.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

Article 3, paragraph 1, of the Convention. National policy. The Committee notes the Government’s statement that there is no national policy, but the social services subcommittee of the tripartite committee keeps the working conditions in hotels and restaurants under review. The Government is requested to provide concrete information on the activities of the subcommittee, including any recent surveys or studies concerning the social dimensions of the hotel and catering industry. Given the importance of this sector for the national economy, the Committee requests the Government to keep the Office informed of the formulation and implementation of any comprehensive strategies or policies which might be developed in consultation with employers’ and workers’ organizations for the improvement of the conditions of work in hotels, restaurants and similar establishments. The Committee would particularly appreciate receiving additional information on any national training schemes and programmes designed to improve the skills and enhance the career prospects of those employed in the hotel, restaurant and catering industry.

Article 4, paragraph 4. Advance notice of working schedules. While noting the Government’s reference to the employers’ obligation to maintain special registers showing the hours of employment of every employee, the Committee requests the Government to clarify whether any arrangements exist, for instance, by the posting of notices or otherwise, to ensure that the workers concerned have sufficient advance knowledge of working schedules, as laid down in this Article of the Convention.

Article 6, paragraph 2. Basic remuneration regardless of tipping. With reference to “tipping”, the Committee notes the Government’s indication that there is no national practice and that each establishment is allowed to make its own arrangement. The Committee requests the Government to specify the legal provision which expressly prevents “tipping” from being treated as remuneration and ensures that the basic fixed wage of the workers concerned may not be replaced by a system of voluntary gratuities, as required under this Article of the Convention.

Article 8. Means of application. Based on the Government’s previous indication that a few establishments have been unionized and apply higher standards to the workers concerned through collective bargaining agreements, the Committee again asks the Government to provide copies of any such agreements applicable to workers covered by the provisions of the Convention.

Part V of the report form. Application in practice. In the absence of any information on this point, the Committee asks the Government to supply in its next report up to date information on the practical application of the Convention, including, for instance, statistics on the number of workers employed in the hotel, restaurant and catering industry, labour inspection results, and any other particulars bearing on the effect given to the Convention in practice.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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 direct request, which read as follows:

Article 3, paragraph 1, of the Convention. The Committee notes the Government’s statement that there is no national policy but the social services subcommittee of the tripartite committee keeps the working conditions in hotels and restaurants under review. The Government is requested to provide concrete information on the activities of the subcommittee, including any recent surveys or studies concerning the social dimensions of the hotel and catering industry. Given the importance of this sector for the national economy, the Committee requests the Government to keep it informed of the formulation and implementation of any comprehensive strategies or policies which might be developed in consultation with employers’ and workers’ organizations for the improvement of the conditions of work in hotels, restaurants and similar establishments. The Committee would particularly appreciate receiving additional information on any national training schemes and programmes designed to improve the skills and enhance the career prospects of those employed in the hotel, restaurant and catering industry.

Article 4, paragraph 4. While noting the Government’s reference to the employers’ obligation to maintain special registers showing the hours of employment of every employee, the Committee requests the Government to clarify whether any arrangements exist, for instance, by the posting of notices or otherwise, to ensure that the workers concerned have sufficient advance notice of working schedules, as laid down in this Article of the Convention.

Article 6, paragraph 2. With reference to “tipping”, the Committee notes the Government’s indication that there is no national practice and that each establishment is allowed to make its own arrangement. The Committee requests the Government to specify the legal provision which expressly prevents “tipping” from being treated as remuneration and ensures that the basic fixed wage of the workers concerned may not be replaced by a system of voluntary gratuities, as required under this Article of the Convention.

Article 8. Based on the Government’s previous indication that a few establishments have been unionized and apply higher standards to the workers concerned through collective bargaining agreements, the Committee again asks the Government to provide copies of any such agreements applicable to workers covered by the provisions of the Convention.

Part V of the report form. In the absence of any information on this point, the Committee asks the Government to supply in its next report up to date information on the practical application of the Convention, including, for instance, statistics on the number of workers employed in the hotel, restaurant and catering industry, labour inspection results, and any other particulars bearing on the effect given to the Convention in practice.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s report and wishes to draw its attention to the following points.

Article 3, paragraph 1, of the Convention. The Committee notes the Government’s statement that there is no national policy but the social services subcommittee of the tripartite committee keeps the working conditions in hotels and restaurants under review. The Government is requested to provide concrete information on the activities of the subcommittee, including any recent surveys or studies concerning the social dimensions of the hotel and catering industry. Given the importance of this sector for the national economy, the Committee requests the Government to keep it informed of the formulation and implementation of any comprehensive strategies or policies which might be developed in consultation with employers’ and workers’ organizations for the improvement of the conditions of work in hotels, restaurants and similar establishments. The Committee would particularly appreciate receiving additional information on any national training schemes and programmes designed to improve the skills and enhance the career prospects of those employed in the hotel, restaurant and catering industry.

Article 4, paragraph 4. While noting the Government’s reference to the employers’ obligation to maintain special registers showing the hours of employment of every employee, the Committee requests the Government to clarify whether any arrangements exist, for instance, by the posting of notices or otherwise, to ensure that the workers concerned have sufficient advance notice of working schedules, as laid down in this Article of the Convention.

Article 6, paragraph 2. With reference to "tipping", the Committee notes the Government’s indication that there is no national practice and that each establishment is allowed to make its own arrangement. The Committee requests the Government to specify the legal provision which expressly prevents "tipping" from being treated as remuneration and ensures that the basic fixed wage of the workers concerned may not be replaced by a system of voluntary gratuities, as required under this Article of the Convention.

Article 8. Based on the Government’s previous indication that a few establishments have been unionized and apply higher standards to the workers concerned through collective bargaining agreements, the Committee again asks the Government to provide copies of any such agreements applicable to workers covered by the provisions of the Convention.

Part V of the report form. In the absence of any information on this point, the Committee asks the Government to supply in its next report up-to-date information on the practical application of the Convention, including, for instance, statistics on the number of workers employed in the hotel, restaurant and catering industry, labour inspection results, and any other particulars bearing on the effect given to the Convention in practice.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied in the first Government’s report. It requests the Government to provide further information on the following points.

Article 3. The Committee notes that according to the Government the workers under reference are not excluded from the scope of any minimum standards adopted for workers in general, including those relating to social security entitlements. The Committee recalls that the Article of the Convention provides for member States which have ratified the Convention to adopt and apply, in an appropriate manner and taking into account the conditions and national practice, a policy which specifically takes into consideration the work carried out by workers in hotels and restaurants and which is intended to improve their working conditions. Consequently the Committee asks the Government to indicate the measures adopted or envisaged with a view to formulating a national policy aimed at improving the working conditions of workers in hotels and restaurants.

Article 4(1).  The Committee requests the Government to indicate the definition of the term "hours of work" by national law or practice.

Article 4(4). The Committee requests the Government to indicate if, where possible, the workers concerned have sufficient advance notice of working schedules to enable them to organize their personal and family life accordingly.

Article 6(1). The Committee notes that according to the Government’s information, minimum rates of pay are stipulated by law and tips are not taken into account when rates are determined. Thus, the Committee requests the Government to indicate the national practice about "tips".

Article 8. The Committee notes the Government’s indication that a few establishments have been unionized and superior benefits in some areas have been applied through collective bargaining agreements. It requests the Government to send a copy of some collective agreements applicable to workers covered by the provisions of the Convention.

Part V of the report form. The Committee notes the information provided by the Government in respect of the results of inspection in establishments concerned by measures giving effect to the Convention. It requests the Government to continue to provide general information concerning the application of the Convention in the country, including the available data on the approximate number of workers covered by the provisions of the Licensed Premises Act No. 22 of 1944 (Cap. 82:22), as amended by Act No. 17 of 1994.