Describing the laying off of 142 workers by the Russian bauxite company, BCGI as legally and morally wrong, Minister within the Ministry of Social Protection Keith Scott yesterday said it never provided the necessary legal and statutory notice to either the labour department or the union as the law requires.
Scott made the statement to the Department of Public Information (DPI). He has not been available to Stabroek News.
The laid-off workers have since blocked the Berbice River to prevent the loading of bauxite.
The Minister noted that that he along with Chief Labour Officer, Charles Ogle, met with representatives of the Guyana Bauxite and General Workers’ Union (GB&GWU) and executives of BCGI on Thursday.
“We do not support the workers being laid off. They have families to care for and bills to pay. There must be consideration for the persons employed with the bauxite company and we will ensure that this matter is resolved soon,” Scott told DPI.
He said that RUSAL, which owns the Bauxite Company of Guyana Inc (BCGI), claimed the layoffs were a result of a fuel shortage which affected the company’s operation. The labour department will be investigating those claims.
Meanwhile, the GB&GWU said the ministry is allowing the company to disrespect the labour laws of the country.
President of the GB&GWU, Lincoln Lewis, told Stabroek News that there had been no updates yesterday from the company nor the ministry’s Department of Labour on the “unlawful” layoffs.
Lewis expressed disappointment at the manner in which the situation is being handled. He said that the lack of interest demonstrated by the ministry indicates they are allowing the rights and freedoms of the Guyanese people to be trampled upon.
Lewis is of the view that the matter deserves much more interest than is being taken.
BCGI informed employees in a notice on Thursday morning that the downsizing of operations was a result of a “fuel shortage.”
The letter stated, “We wish to advise that we are forced to reduce operations and lay off employees due to shortage of fuel.”
However, those laid off have been informed that they will be recalled as soon as the situation stabilises.
The announcement is the latest crisis in relations between the company and workers, which have been underpinned for years by acrimony over wages and conditions. Talks on wages have been stalled for months and workers may see these layoffs as an attempt to pressure them.
Minister of Social Protection Amna Ally told Stabroek News on Thursday when contacted that she only learnt of the layoffs on Thursday morning. Contacted for a further update yesterday, Ally said she was not briefed on the situation.
In a statement on Thursday, the GB&GWU said that during discussions, BCGI changed their position on the rationale behind the layoffs. The union said that the company created the “pretext that it was not granted approval by the Government for duty-free importation of fuel. This is not true. The Guyana Revenue Authority issued that letter of approval. When the management was confronted on the deception the position was changed that the laying off is the result of the company scaling back operation.”
Lewis, had told Stabroek News that when they objected to the manner in which the workers were laid off, which violates the country’s labour laws, representatives of the company responded by saying that they were given expert advice to operate in the manner they did, including posting the list of workers to be laid off on the notice board.
The union also pointed out that according to industrial relations practice and the Termination of Employment and Severance Pay Act, companies are required to inform unions of their intention to retrench, the union statement added.
Dozens of workers after being informed that they were laid off with no reasonable explanation decided to block the Berbice River in a bid to prevent two barges filled with bauxite ore from passing. They had also employed this tactic last year.
Workers have strung oil barrels and jars on wires across the Berbice River, blocking the passage of barges leaving and entering the mining site at Aroaima, Berbice River. Workers stated that they will only remove the barricade if the company agrees to rescind its decision to lay off employees and address their concerns on wages and salary and work conditions.
Close to a year ago, workers began striking following the imposition of a unilateral 1% increase in wages by the company, along with other unaddressed issues, including BCGI’s unwillingness to recognise the union as the workers’ bargaining agent. They had said the move was a signal to the company to show the need for urgency in finding a resolution.
The company fired 90 workers following the initiation of strike action with 60 workers being dismissed initially and an additional 30 being sacked in the ensuing days.
Following the industrial action and the blocking of the river, the company and union met with the Department of Labour and agreed to engage in discussions to iron out their issues. However, this arrangement bore no fruit and their union, the GB&GWU, pointed out that talks have been stalled for over two months as the Ministry of Social Protection’s Labour Department has failed to facilitate it.