Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 189) sur les travailleuses et travailleurs domestiques, 2011 - Guyana (Ratification: 2013)

Article 1 of the Convention. Definitions. In response to the Committee’s previous comments, the Government indicates that definitions of the terms “domestic work” or “domestic worker” have not yet been incorporated into the national legislation. The Government nevertheless notes the Committee’s concern regarding the desirability of developing specific definitions of these terms and indicates that the issue will be considered by the social partners when consultations are held on the proposed review of labour legislation. The Committee requests the Government to provide updated information on any developments with respect to the introduction of a definition of the terms “domestic work” or “domestic worker” in national legislation or collective agreements that is in accordance with the Convention.

Article 3(2)(a) and (3). Freedom of association and collective bargaining. The Government reiterates that, pursuant to article 147 of the Constitution of the Cooperative Republic of Guyana, all citizens have the right to freely associate with or become members of trade unions of their own choice. It adds that this provision applies to domestic workers. The Government points out that domestic workers have never organized, but that a group of domestic workers joined together to form a cooperative. The Committee notes the Government’s indication that it is currently contemplating undertaking sensitization and awareness initiatives on the issue of freedom of association and collective bargaining through various media platforms and the social partners. The Committee requests the Government to provide updated information on any measures or initiatives taken to promote the enjoyment and exercise of freedom of association and collective bargaining rights by domestic workers and their employers.

Article 3(2)(b).Forced labour. In response to the Committee’s previous request, the Government refers to article 140 (2) of the Constitution of Guyana, which prohibits forced labour, as well as to the Employment of Young Persons and Children Act, Cap. 99:01, which protects minors under the age of 15 from employment. In addition, section 30(1)(a) of the Labour Act, Cap. 98:01 empowers a labour officer who has reasonable cause to believe that labour is being employed, to enter, inspect and examine any premises at any hour of the day or night and to require from the employer information regarding the wages, hours and conditions of work of those employed. The Government indicates that this legislation is enforced through regular inspections carried out by the Ministry of Labour. The Government adds that it has increased efforts to prevent trafficking and has recognized the need for greater sensitization regarding domestic workers’ rights under the current labour legislation. The Committee invites the Government to communicate updated information on any measures taken or envisaged to raise awareness of domestic workers’ rights, including their right to be free from forced or compulsory labour.

Articles 3(2)(c) and 4. Child Labour. Access to education. The Government refers to the Protection of Children Act, Cap. 46:06, as well as to the development of the National Policy Towards the Elimination of Child Labour (2019) and its accompanying Action Plan. It adds that the National Child Labour Committee is tasked with coordinating the implementation of the Action Plan. The Government indicates that, from 2018 to 2021, the Ministry of Labour carried out a total of 4,159 inspections of workplaces in all regions of the country, which did not detect any instances of child domestic labour. With respect to access to education, the Government has taken measures to enforce compulsory school attendance for children up to the age of 15 through truancy campaigns, provision of safe havens and drop-in centres, which include the provision of free education and vocational training. The Committee requests the Government to provide updated information regarding the activities of the National Child Labour Committee relevant to the prevention and elimination of child domestic labour, as well as on measures taken or envisaged in this respect. The Committee requests the Government to provide concrete, updated information on the number of inspections undertaken of private households in which domestic work is performed, as part of its labour inspection activities and whether these revealed any instances of child domestic work.

Article 5. Effective protection against all forms of abuse, harassment and violence. The Committee notes the Government’s reference to the Criminal Law Offences Act, Cap. 8: 01 and the Summary Jurisdiction Offences Act, Cap: 02, prohibiting abuse and violence, including against domestic workers. It also notes the Government’s reference to section 8 of the Prevention of Discrimination Act, 1997, as well as to the Sexual Offences Act, No. 7 of 2010, both of which afford protection to workers, including domestic workers, against sexual harassment in the workplace. In addition, in response to the Committee’s previous comments, the Government indicates that sensitization sessions held by the Department of Labour for employers and employees, including domestic workers, were beneficial, as demonstrated by the approximately 50 inquiries received by the Department from 2018 to 2020 from both domestic employers and domestic workers on a range of issues relating to conditions of work (hours, remuneration and other matters). The Committee notes the information provided by the Government, which replies fully to its comments.

Articles 6 and 7. Fair terms of employment, decent working and living conditions. Information on terms and conditions of employment. In response to the Committee’s previous comments, the Government indicates that it advocates for decent working conditions for all workers, including domestic workers, through legislation such as the Household Service Workers (Hours of Work) Act of 1980, Cap. 99:07; the Labour (Conditions of Employment of Certain Workers) Act, Cap. 99:03, the Labour Act, Cap. 98:01 and the minimum wage legislation. The Committee notes that the Household Service Workers Act sets a maximum work week of 48 hours for domestic workers and makes provision for overtime payments. With respect to the means through which information on terms and conditions of employment is provided to workers, including domestic workers and workers from indigenous and underprivileged tribal communities, the Committee notes with interest the information provided by the Government concerning seminars and awareness raising brochures and posters developed and disseminated by the Ministry of Labour. The Government adds that it has and continues to develop awareness raising posters and brochures in languages such as Mandarin, Spanish and Portuguese, directed at migrant workers and their employers. Lastly, the Government indicates that it will bring the Committee’s comments concerning the development of a model contract for domestic workers to the attention of the National Tripartite Committee. The Committee requests the Government to provide concrete updated information on the manner in which it is ensured that domestic workers who reside in the household enjoy decent working conditions that respect their privacy, as envisaged by Paragraph 17 of Recommendation No. 201.It further requests the Government to continue to provide updated information concerning its awareness raising activities to inform domestic workers of their labour rights and domestic employers of their obligations, as well as with respect to the outcome of tripartite consultations regarding the possible development of a model domestic work contract.

Articles 8 and 15. Migrant domestic workers. Private employment agencies. In response to the Committee’s previous comment, the Government indicates that it has not taken any measures in cooperation with other ILO member States for migrant domestic workers. The Government nevertheless expresses the view that the national legislative framework provides adequate protection for migrant domestic workers, noting the situation of migrant domestic workers from Venezuela who are currently working in Guyana. The Committee notes that Guyana provides for the free movement of qualified domestic workers who are nationals of a CARICOM member State, to those domestic workers with Caribbean vocational qualifications. The Committee notes the Government’s indication that there are currently 11 private employment agencies (“PEAs”) operating in Guyana and are regulated under the Recruiting of Workers Act, Cap. 98:06. It adds that migrant domestic workers employed through PEAs are protected by the Criminal Law Offences Act and the Summary Jurisdiction Act, which prohibit abuse. Migrant domestic workers who are victims of abuse may make reports to the Guyana Police Force as well as file civil claims in the courts. In addition, allegations of exploitation may be brought to the Ministry of Labour. The Committee requests the Government to provide detailed information, including statistical data, concerning the nature and type of violations reported by domestic workers, the outcomes and sanctions imposed, if any. It further requests the Government to indicate the measures taken or envisaged to ensure that domestic workers are not charged recruitment fees by private employment agencies, as required under Article 15(e).

Article 9. Freedom to reach agreement with the employer on whether to reside in the household. Keeping possession of identity and travel documents. In its response to the Committee’s previous comments, the Government refers to provisions in the Constitution and national legislation prohibiting forced labour. In particular, the Committee notes the Government’s reference to the Combatting of Trafficking in Persons Act which, among other things, prohibits an employer from confiscating a worker’s passport or other identity document. The Committee nevertheless reiterates its previous request that the Government provide detailed updated information on the manner in which Article 9(a) and (b) are given effect.

Articles 16 and 17. Access to justice. Complaints mechanisms. Labour inspection. The Government reports that domestic workers, including migrant and indigenous domestic workers, have access to justice, as they are able to bring complaints to the Ministry of Labour, as well as to the courts. The Committee notes that the Government undertakes to continue to engage with the social partners to develop and implement sensitization and awareness sessions for all workers, including domestic and migrant workers, on access to the justice system. It also provides conciliation and dispute resolution services between employers and trade unions as well as dispute resolution services for workers who are not affiliated to a trade union. With respect to labour inspection, the Government has strengthened general inspection activities, employing additional labour officers in August 2021 to be stationed in all regions of the country. The Government indicates that it would have to build a network of key informants, including church and faith-based organizations and women’s groups in all ten administrative regions, to help guide its inspection activities. The Committee requests the Government to continue to provide updated information on measures taken or envisaged to give effect to these Articles of the Convention. The Government is also requested to provide copies of any court decisions concerning the application of the principles of the Convention.