Enmore Factory Workers to receive outstanding Premium Payments

Arising out of representation by the Guyana Agricultural and General Workers Union (GAWU), thirty (30) factory workers who are involved in bagging of sugar are to receive outstanding premium payments denied to them since March 2006 by the Enmore Estate.

The workers are to receive a few million dollars for overtime work at premium pay for work done on Sundays and Public Holidays with effect from March 2006 to the date of implementation of the decision.

The Corporation ceased providing overtime payment at premium rate on the ground that bagging of sugar, being piece-rated work, premium payment, is not applicable. GAWU represented the matter to the Industrial Relations Department of the Guyana Sugar Corporation Inc. (Guysuco) and later at the Ministry of Labour.

Prior to the Ministry’s engagement in the matter, the workers were engaged in industrial actions to get the grievance resolved. The industrial actions and threat of further industrial action, resulted in the Corporation’s decision to approve premium payment for overtime work at premium pay done during week-days, but it maintained the non-payment of premium payment for overtime work done on Sundays and Public Holidays.

At the Ministry of Labour, the Union based its representation on the Factories Act Chapter 95:02 and the Collective Labour Agreement. The relevant clause of the Agreement states: “Factory Piece Rated Workers who are authorized to work and do work more than eight hours in any one day or forty (40) normal hours per week shall be paid overtime for the excess hours at a rate of 1½ times.”

The Union reminded the Corporation at the Ministry’s meetings that for decades the baggers had been receiving the appropriate premium pay for work on Sundays and public holidays.

The Ministry of Labour opined that Guysuco was not on good grounds to withhold the payments. Out of an abundance of caution, the Ministry sought the advice of the Office of the Attorney General. That Office, on October 11, 2007 in a written response to the Ministry of Labour, stated, among other things, that “The Collective Labour Agreement is a binding agreement, which cannot be changed unilaterally by virtue of the Labour (amendment) Act (1984) which makes it a legally enforceable contact.

It is advised that non-payment will be a breach of this agreement as well as in contravention of the Factories Act Chapter 95:02.”

The Union kept pressing the Ministry of Labour to conclude its conciliatory proceedings on the matter. At last, the Chief Labour Officer called a meeting on June 24, 2009 to have the matter concluded. Guysuco requested a final postponement with the assurance that a resolution of the grievance was imminent. Indeed, the Corporation fulfilled its undertaking.

In a letter captioned “Re: Dispute concerning the payment of Premium to sugar Baggers at the Enmore Factory,” to the Chief Labour Officer and the Union, the Corporation wrote: “We refer to the captioned subject and respectfully advise, that in keeping with the advice from the Attorney General’s Chambers on the said matter, the Corporation has agreed to make premium payments to the concerned category of workers.”

The Management of the Estate is engaged in the computation of each worker’s entitlement and hopefully the payments would follow without delay.