Employer of Record Guide in 

Guyana

Vacation Leave

• Standard entitlement: 14 working days per year after 12 months of continuous service
• Accrual: Earned proportionally throughout the year
• Payout rules: Must be paid out upon termination if unused
• Timing: Generally taken by mutual agreement between employer and employee

Sick Leave

• Entitlement: 14 working days per year with full pay
• Medical certification: Required for absences exceeding 3 consecutive days
• Chronic illness: Extended sick leave may be available with medical documentation
• Accumulation: Unused sick leave typically does not carry over to the following year

Maternity Leave

• Duration: 13 weeks (3 months)
• Payment: Full salary for the entire period
• Eligibility: Available to all female employees regardless of length of service
• Job protection: Employers must guarantee return to the same or comparable position

Paternity Leave

• Duration: 5 working days
• Payment: Full salary
• Timing: Must be taken within 30 days of the child's birth
• Eligibility: Available to all male employees

Bereavement Leave

• Duration: 3-5 working days depending on relationship to deceased
• Payment: Full salary
• Immediate family: Spouse, children, parents, siblings
• Extended family: Grandparents, in-laws (typically shorter duration)

Personal & Family Leave

• Study leave: Available for approved educational programmes
• Emergency leave: Unpaid leave for family emergencies
• Compassionate leave: For serious family illness or other compassionate grounds

Summary

Termination Types

Termination With Cause:

• No notice or severance required
• Must involve serious misconduct (theft, fraud, gross insubordination)
• Employer must provide clear evidence of misconduct

Termination Without Cause:

• Requires proper notice or payment in lieu
• Must not be discriminatory or retaliatory
• Subject to severance pay requirements

Notice Period Requirements

Notice periods are based on length of continuous service:

Severance Pay

Severance pay is required for employees with more than 52 weeks of continuous service:

Probationary Periods

• Standard duration: Up to 6 months
• Notice requirements: Reduced notice periods during probation
• Performance evaluation: Regular assessments recommended
• Extension: May be extended with employee agreement

Final Pay Requirements

Employers must provide final payment within:

• 7 days of termination for dismissed employees
• Next regular pay date for employees who resign
• Must include all outstanding wages, vacation pay, and benefits

Anti-Discrimination & Retaliation Laws

Employees cannot be terminated for reasons related to:

• Pregnancy or maternity leave
• Trade union membership or activities
• Filing complaints with labour authorities
• Race, gender, religion, or other protected characteristics

National Public Holidays

Holiday Pay Eligibility

To qualify for public holiday pay, employees must:

• Have worked for at least 3 months
• Work their scheduled day before and after the holiday (unless on approved leave)
• Be entitled to regular wages

Working on Public Holidays

If an employee works on a public holiday:

• They receive double pay (2× regular rate)
• Plus a substitute day off with pay
• Or triple pay if no substitute day is provided

Religious Observances

Guyana recognises multiple religious holidays reflecting its diverse population:

• Christian holidays: Good Friday, Easter Monday, Christmas
• Hindu holidays: Phagwah, Deepavali
• Islamic holidays: Eid-ul-Fitr
• Employees may request time off for other religious observances

Required Documents for Employment

• Employment Contract: Must specify terms, conditions, wages, and benefits
• Tax Registration: TIN (Taxpayer Identification Number) from Guyana Revenue Authority
• National Insurance: NIS registration number
• Identification: Valid passport or national ID card
• Educational Certificates: Relevant qualifications for the position
• Medical Certificate: May be required for certain positions

Work Permits & Visas

For Foreign Nationals:

• Work Permit: Required for all non-Guyanese citizens
• CARICOM Nationals: May have simplified procedures under CARICOM agreements
• Investment Visa: Available for investors and entrepreneurs
• Processing Time: Typically 4-8 weeks for work permits

Background Checks & References

• Police Clearance: Often required, especially for senior positions
• Employment References: Previous employer verification
• Educational Verification: Confirmation of qualifications
• Credit Checks: May be required for financial positions

Language Requirements

• English: Official language for all business and legal documents
• Local Languages: Knowledge of local languages may be advantageous but not typically required
• Translation: Documents in other languages must be officially translated

Data Protection & Privacy

• Personal Data: Employers must protect employee personal information
• Consent: Required for collection and use of personal data
• Storage: Secure storage and limited access to personal information
• Retention: Clear policies on data retention periods

Onboarding Timeline

What the EOR Handles

Borderless AI will manage:

• Employment contract preparation and execution
• Tax registration and compliance
• NIS registration and contributions
• Work permit assistance for foreign nationals
• Payroll processing and statutory deductions
• Local labour law compliance

Worker Classification: Employee vs. Contractor

Proper classification is essential under Guyanese labour law:

• Employees: Work under employer control, receive benefits, covered by labour standards
• Contractors: Independent service providers, responsible for own taxes and benefits
• Misclassification risks: Can result in penalties, back payments, and legal liability

Key factors for classification:

• Level of control and supervision
• Integration into business operations
• Financial arrangements and payment methods
• Provision of tools and equipment

Trade Unions & Collective Bargaining

• Union Rights: Workers have the right to form and join trade unions
• Collective Agreements: May override individual employment terms
• Dispute Resolution: Labour tribunals handle employment disputes
• Strike Rights: Legal strikes must follow proper procedures

Cultural Norms & Workplace Expectations

Guyanese workplace culture emphasises:

• Respect and courtesy: Formal address and polite communication
• Punctuality: Timeliness is valued in professional settings
• Hierarchy: Clear organisational structures with respect for authority
• Diversity: Multicultural workforce with various ethnic and religious backgrounds

Health & Safety Requirements

• Occupational Safety: Employers must provide safe working conditions
• Safety Training: Required for hazardous occupations
• Accident Reporting: Workplace injuries must be reported to authorities
• Insurance: Workers' compensation coverage may be required

Remote Work Considerations

Remote work is becoming more accepted in Guyana:

• Equipment: Employers may need to provide necessary tools
• Internet Connectivity: Reliable internet access is essential
• Working Hours: Must still comply with standard working time regulations
• Health & Safety: Employers responsible for home office safety standards

Note: Please verify all information with current Guyanese labour laws and regulations, as this content was generated from research that may need validation.