Dear Editor,
There is a saying that when two elephants fight the grass suffers. This analogy is vividly portrayed in the current impasse between RUSAL and the GB&GWU; the earlier dispute between GPOC and the GP&TWU and the Roshan Khan versus Richard Kanhai imbroglio. At the end of the day when the fighting subsides and the dust settles, the employees suffer.
In the Khan versus Kanhai issue, it would appear that someone in their haste, failed to provide an adequate time-frame to facilitate a smooth transition between the acquisition and termination of their respective contracts. The result as reported is that employees are left in limbo, not knowing who their legitimate employer is and what conditions of employment they work under.
The issue becomes more complicated when the contract prior to and current is between private security services, since issues such as continuity of employment, conditions no less favourable, severance pay and wage rates are not clearly defined.
In the absence of such clarification, Roshan Khan is under no obligation to pay workers the same rate paid by Richard Kanhai, as already seems evident based on complaints from the security guards. As a new employer he is also under no obligation to consider continuity of service from the previous employer, unless it is so stated in the new contract. So, those employees who decide to work with Roshan Khan suffer a triple blow, that is, not being entitled to severance pay, no continuity of service and a reduced rate of pay.
These security guards provide a valuable service protecting government property and should at least expect conditions that are no less favourable than previously obtained in keeping with basic industrial relations principles.
Apparently, no one has learned from the past experience with a prior security service that also had a contract with the government where employees were not paid overtime, and NIS deductions were used to pay wages rather than paid into the NIS. That issue is before the courts. One is also left to wonder why there was a change in service from R Kanhai to R Khan.
In order to avoid this continuing fiasco, the government should retake the administration of the security services for government buildings and provide some security of tenure for these poor misguided employees.
Yours faithfully,
D. Sookdeo
