LABOUR ACT, 2003 (ACT 651), SS 123-179
Inspectors shall be appointed by the appointing authority of the Civil Service for the purposes specified in this Act.
(1) An inspector has power
(a) to enter freely and without notice at any hour of the day or night to inspect any workplace during working hours;
(b) to enter during the day or night any premises which the inspector has reason to believe are subject to inspection;
(c) to carry out any examination, test or inquiry the inspector considers necessary in order to ensure that the provisions of this Act and the Regulations are complied with;
(d) to interview, either alone or in the presence of witnesses, any employer or worker on any matter concerning the application and compliance with the provisions of this Act and the Regulations;
(e) to require the production of any books, registers or other documents which relate to the terms and conditions of employment of the workers, in order to ascertain that these are in conformity with this Act and the Regulations and to copy the documents or make extracts from them;
(f) to enforce the posting of notices required by or under this Act;
(g) to take or remove for purposes of analysis samples of materials and hazardous or chemical substances used or handled by workers in the course of their employment; and
(h) to direct employers to carry out alterations to buildings, installations and plant necessary to avert a danger or threat of danger to the health or safety of the workers within the period specified in the direction, but a such period shall not be allowed if the inspector is of the opinion that there is an imminent danger to the health or safety of the workers.
(2) An employer who is directed under subsection (1) (h) to carry out any alterations may,
(a) where the period within which the alterations are to be carried out is specified, appeal to the Minister against the direction within seven days before the expiration of the period; or
(b) where a period is not specified, appeal not later than seven days after the direction, against the direction, to the Minister.
(3) The decision of the Minister on the appeal shall, subject to any other law, be final, and the employer shall abide by the decision and any related consequential order made.
(4) Where an appeal is lodged under subsection (2) the Minister shall direct the employer to take the interim measures that the employer considers necessary to avert a danger or threat of danger to the health or safety of the workers pending the determination of the appeal.
(5) An employer directed under subsection (1) (h) to carry out any alterations who does not appeal to the Minister against the direction shall
(a) in the case of imminent danger to health or safety of workers, carry out the alterations immediately; or
(b) where the period for the carrying out of the alterations is specified, carry out the alterations before the expiration of the period.
(6) An employer who fails to comply with a decision or order of the Minister or an inspector under subsection (2) or (4) commits an offence and is liable on summary conviction to a fine not exceeding two hundred and fifty penalty units and in addition is liable to pay compensation to a person who proves shaving suffered loss, damage or injury as a result of the non-compliance by the employer.
(1) An inspector
(a) shall not have direct or indirect interest in an undertaking the inspector is required to inspect;
(b) shall not divulge during or after termination of the inspector’s service, any manufacturing or commercial secrets or working processes or confidential information which may have come to the inspector’s knowledge in the course of duties;
(c) shall not disclose the source of a complaint by which the inspector is informed of a contravention of provision of this Act or the Regulations, or intimate to the employer or the employer’s representative that an inspection was carried out in consequence of the complaint.
(2) An inspector who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding five hundred penalty units or to a term of imprisonment not exceeding two years or to both the fine and the imprisonment.
A person who wilfully obstructs a labour inspector in the performance of functions under this Act commits an offence, and is liable on summary conviction to a fine not exceeding two hundred and fifty penalty units or to a term of imprisonment not exceeding twelve months or to both the fine and the imprisonment.
(1) A person who discriminates against any other person with respect to the employment or conditions of employment because that other person is a member or an officer of a trade union is guilty of unfair labour practice.
(2) A person who seeks by intimidation, dismissal, threat of dismissal, or by any kind of threat or by imposition of a penalty, or by giving or offering to give a wage increase or any other favourable alteration of terms of employment, or by any other means, seeks to induce a worker to refrain from becoming or continuing to be a member or officer of a trade union, is guilty of unfair labour practice.
(3) A worker or group of workers who by any kind of threat seeks to intimidate the employer during negotiations of a collective agreement, is guilty of unfair labour practice.
(4) Employers or employers’ organisations who seek by any kind of threat to intimidate the worker during negotiations of a collective agreement, are guilty of unfair labour practice.
An employer who takes part in the formation of a trade union or, with the intention of adversely influencing a trade union, makes a contribution, in money or money’s worth, to that trade union, is guilty of unfair labour practice.
(1) An employer shall, subject to notice of not less than twenty-four hours, allow an officer of a trade union whose members include any of the employer’s workers, reasonable facilities and time to confer with the employer or workers on matters affecting the members of the trade union who are workers of the employer, and an employer who fails to give reasonable facilities and time is guilty of unfair labour practice.
(2) In this section “reasonable facilities” means the facilities that the employer and the workers may agree are reasonably required for the purposes stated in subsection (1).
Subject to the other provisions of this Act, if a worker carries on an activity intended to cause serious interference with the business of the employer that may result in financial loss, the worker is guilty of unfair labour practice.
(1) An officer of a trade union or any other person shall not during normal working hours attempt to persuade or induce a worker, not covered by a collective agreement, to become a member or an officer of a trade union while the worker is on the premises of the employer, without the consent of the employer.
(2) An officer of a trade union or any other person shall not during normal working hours confer with an employee on trade union matters while the worker is on the premises of the employer without the consent of the employer.
(3) A person who contravenes subsection (1) or (2) is guilty of unfair labour practice.
The Commission shall enquire into and determine complaints of unfair labour practices brought before it in accordance with its rules of procedure.
(1) Where the Commission finds that a person has engaged in an unfair labour practice it may, make an order forbidding that person to engage or continue to engage in the activities specified in the order.
(2) Where the Commission finds that a person has engaged in an unfair labour practice under section 127 which involves the termination of employment of a worker, the alteration of the employment or of the conditions of the employment, the Commission may, make an order requiring the worker’s employer
(a) to take the steps specified in the order to restore the position of the worker, and
(b) to pay to the worker a sum specified in the order as compensation for the loss of earnings attributed to the contravention.
(3) Where the Commission finds that a person has engaged in an unfair labour practice under section 128 by making a contribution to a trade union, the Commission may, order that the trade union refund the contribution.
(4) For the purposes of enforcing an order of the Commission under this section, the order shall have effect as if it were made by the High Court.
A person aggrieved by an order, direction or decision made or given by the Commission under section 133 may, within fourteen days of the making or giving of the order, direction or decision, appeal to the Court of Appeal.
Establishment and Functions of the National Labour Commission
There is established by this Act a National Labour Commission.
(1) The Commission consists of:
(a) the chairperson who shall be nominated by the employers’ organisation and organised labour except that where there is failure to nominate a chairperson within sixty days as provided, the employers’ organisation in consultation with organised labour shall submit the matter to a mediator agreed on by them, and
(b) six representatives, two each nominated by the Government, employers’ organisation and organised labour.
(2) The chairperson and the other members of the Commission shall be appointed by the President acting in consultation with the Council of State.
A person is qualified to be appointed a member of the Commission if that person
(a) does not hold office in a political party, and
(b) has knowledge and expertise in labour relations and management, except that in the case of the chairperson, that person is also knowledgeable in industrial law.
(1) The functions of the Commission are,
(a) to facilitate the settlement of industrial disputes;
(b) to settle industrial disputes;
(c) to investigate labour related complaints, in particular unfair labour practices, and take such steps as it considers necessary to prevent labour disputes;
(d) to maintain a data base of qualified persons to serve as mediators and arbitrators;
(e) to promote effective labour co-operation between labour and management; and
(f) to perform any other function conferred on it under this Act or any other enactment.
(2) In the exercise of its adjudicating and dispute settlement function, the Commission is not subject to the control or direction of any person or authority.
(1) The Commission shall exercise the following powers:
(a) receive complaints from workers, trade unions, and employers, or employers’ organisations
(i) on industrial disagreement, and
(ii) allegation of infringement of any requirements of this Act and the Regulations;
(b) require an employer to furnish information and statistics concerning the employment of its workers and the terms and conditions of their employment in a form and manner the Commission considers necessary;
(c) require a trade union or any workers’ organisation to provide the information that the Commission considers necessary; and
(d) notify employers and employers’ organisations or workers and trade unions in cases of contravention of this Act and the Regulations and direct them to rectify any default or irregularities.
(2) Without prejudice to subsection (1), the Commission shall, in settling an industrial dispute, have the powers of the High Court in respect of
(a) enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;
(b) compelling the production of documents; and
(c) the issue of a commission or request to examine witnesses abroad.
(3) The Commission shall in respect of its proceedings enjoy the same privileges and immunities pertaining to proceedings in the High Court.
(1) The Commission shall meet to settle industrial disputes, but shall meet at least once in every two months to consider matters affecting its administration and the performance of its functions.
(2) The Commission shall at its first meeting nominate one of its members as deputy chairperson.
(3) The quorum at a meeting of the Commission shall consist of the chairperson or, in the absence of the chairperson, the deputy chairperson and four other members of the Commission at least one person each representing Government, employers’ organisation and organised Labour.
(4) The Commission may co-opt a person to attend meetings of the Commission as an adviser or a consultant.
(5) A person co-opted to attend a meeting of the Commission does not have the right to vote on a matter for determination or decision by the Commission.
(6) The Commission may permit to be in attendance at its meetings any other persons that the Commission may determine.
(7) Subject to subsection (2), the Commission shall regulate its own proceedings.
(1) The Commission may appoint
(a) a standing committee consisting of members of the Commission, or
(b) an ad hoc committee consisting of non-members or both members and non-members of the Commission,
as the Commission considers necessary for the efficient performance of its functions.
(2) The Commission shall assign to any of its committees any of its functions that it may determine.
The members of the Commission shall be paid allowances determined by the Minister in consultation with the Minister responsible for Finance.
(1) The members of the Commission shall hold office for a period of four years and are eligible for re-appointment after the expiration of their tenure of office.
(2) The chairperson or a member of the Commission may at any time resign from office by letter addressed to the President through the Minister.
(3) A member of the Commission may be removed from the Commission by the President for inability to perform the functions of office, for stated misbehaviour or for a just cause.
(1) Despite section 141, the Commission may establish as it considers necessary, regional and district labour committees.
(2) The composition of a regional or district labour committee shall be determined by the Commission except that there shall be equal representation of Government, organised labour and employers’ organisations.
(3) The members of a regional or district labour committee shall be persons with knowledge in industrial relations.
(4) A regional or district labour committee shall elect from among its membership, a chairperson and a deputy chairperson.
A regional or district labour committee shall perform in the respective Region or district any of the functions of the Commission assigned to it in writing by the Commission.
The provisions under sections 140 to 143 in respect of the Commission shall apply with the modifications that are necessary to the regional and district labour committees provided for under this Act.
The Commission and a regional or district labour committee of the Commission shall be provided with the secretarial services and staff that are necessary for the effective performance of its functions under this Act.
There shall be appropriated annually to the Commission by Parliament the funds that the Commission requires to meet the expenditure of the Commission in the performance of its functions including those for its regional and district committees.
(1) The Commission shall keep books of account and proper records in relation to the books of account.
(2) The books of account and the records shall be in the form approved by the Auditor-General.
(3) The Auditor-General shall, within three months after the expiration of each financial year, audit the books of account and records of the Commission in respect of the preceding year.
(4) The financial year of the Commission shall be the same as the financial year of the Government.
A regional or district labour committee shall submit to the Commission annual reports within the period that the Commission may direct on its activities, and shall submit any other reports as the Commission may request.
(1) The Commission shall, within eight months after the end of each financial year, submit to the Minister an annual report on the activities of the Commission during that year.
(2) The report shall include a copy of the audited accounts of the Commission in respect of the financial year and the report of the Auditor-General on the audited accounts.
(3) The Minister shall within two months of the receipt of the annual report from the Commission submit the report to Parliament with the comments that the Minister considers necessary.
(1) The Commission may, by legislative instrument, make Regulations providing for
(a) the procedure for negotiation, mediation and arbitration proceedings, and
(b) other matters necessary for the effective discharge of its functions under this Act.
(2) Regulations made under subsection (1) shall be under the signature of the chairperson of the Commission or in that person’s absence under the signature of the deputy chairperson.
The parties to an industrial dispute are under an obligation to negotiate in good faith with a view to reaching a settlement of the dispute in accordance with the dispute settlement procedures established in the collective agreement or contract of employment.
(1) Subject to the time limit in respect of essential services, if the parties fail to settle a dispute by negotiation within seven days after the occurrence of the dispute, either party or both parties by agreement may refer the dispute to the Commission and seek the assistance of the Commission for the appointment of a mediator.
(2) Where the Commission is satisfied that the parties have not exhausted the procedures established in the collective agreement or have not agreed to waive those procedures, the Commission shall order the parties to comply with those procedures within the time determined by the Commission.
(3) When the Commission is satisfied that
(a) the parties have exhausted the procedures established in the collective agreement,
(b) the parties have failed to settle the dispute, and
(c) none of the parties has sought the assistance of the Commission to appoint a mediator, the Commission shall request the parties to settle the dispute by mediation within three days of the Commission becoming aware of the non-resolution of the dispute.
(4) Where the parties agree to mediate and at the end of the mediation proceedings there is settlement of the dispute, the agreement between the parties as regards the terms of the settlement shall be recorded in writing and signed by the mediator and the parties to the dispute.
(5) The settlement agreement referred to in subsection (4) is binding on the parties unless the agreement states otherwise.
(6) When at the end of mediation proceedings, an agreement is not reached, the mediator shall immediately declare the dispute as unresolved and refer the dispute to the Commission.
(1) The Commission shall maintain a list of qualified persons who are knowledgeable in industrial relations to serve as mediators or arbitrators for each Region.
(2) Appointments of mediators or arbitrators may be made from the list of mediators and arbitrators.
(3) A person appointed an arbitrator or a member of an arbitration panel is not qualified to serve in
that capacity if that person has a financial or any other interest in the undertaking or employers’ or workers’ organisation involved in the dispute.
Subject to the Arbitration Act, 1961 (Act 38), or any general enactment on dispute resolution, the parties to an industrial dispute shall agree on the method of appointment of arbitrators or an arbitration panel and in the absence of an agreement by the parties the Commission shall appoint an arbitrator or an arbitration panel.
(1) When mediation fails under section 154 (6) and the dispute is referred to the Commission, the Commission shall with the consent of the parties refer the dispute to an arbitrator or an arbitration panel appointed under section 156.
(2) The parties to an industrial dispute shall, within three days after the appointment of an arbitrator or an arbitration panel under section 156, submit to the arbitrator in writing a statement of the issues or questions in dispute signed by one or more of the parties or their representatives.
(3) The arbitrator shall as soon as possible appoint a time and place for the hearing and notify the parties.
(4) If a party fails to appear before the arbitrator after the expiration of seven days after being so notified, the arbitrator shall proceed to hear and determine the dispute.
(1) The decision of the arbitrator or a majority of the arbitrators shall constitute the award and is binding on the parties.
(2) The arbitrator shall communicate the award in writing to the parties and the Commission within seventy-two hours after the award has been made except where the Commission is the arbitrator.
Where
(a) the parties fail to agree to refer the dispute to voluntary arbitration, or
(b) the dispute remains unresolved at the end of the arbitration proceedings, either party intending to take strike action or institute lockout, shall give written notice of this to the other party and the Commission, within seven days after failure to agree to refer the dispute to voluntary arbitration or the termination of the proceedings.
(1) A party to an industrial dispute who has given notice of intention to resort to a strike or lockout under section 159 may do so only after the expiration of seven days from the date of the notice and not at any time before the expiration of that period.
(2) If the dispute remains unresolved within seven days from the commencement of the strike or lockout, the dispute shall be settled by compulsory arbitration under section 164.
(1) A party to an industrial dispute shall not resort to a strike or lockout during the period when negotiation, mediation or arbitration proceedings are in progress.
(2) A party who contravenes subsection (1) is liable for the damage, loss or injury suffered by any other party to the dispute.
(1) In an industrial dispute that affects workers engaged in an essential service, the parties to the dispute shall endeavour to settle the dispute within three days of the occurrence of the dispute by negotiation.
(2) If after the expiration of the three days, the dispute remains unresolved, the parties shall within twenty-four hours of the expiry of the three days, refer the dispute to the Commission for settlement by compulsory arbitration under section 164.
(3) The Commission shall take immediate steps, but not later than three days after the dispute has been referred to it, to settle the dispute by compulsory arbitration under section 164.
An employer carrying on, or a worker engaged in, an essential service shall not resort to a lockout or strike in connection with or in furtherance of an industrial dispute involving the workers in the essential service.
(1) When a dispute is referred to compulsory arbitration in pursuance of section 160 or 162, the Commission shall be the arbitrators and shall serve on the parties a notice
(a) stating what, in its opinion, are the unresolved issues between the parties, and
(b) asking the parties whether they agree to those issues.
(2) The Commission shall, within fourteen days after service of the notice, determine the dispute by
compulsory arbitration.
(3) A compulsory arbitration shall be composed of three members of the Commission, one member each representing Government, organised labour and an employers’ organisation.
(4) In a compulsory arbitration, the decision of the majority of the arbitrators shall constitute the award and is binding on the parties.
An arbitrator appointed under section 156 or 164 shall have the powers of the High Court in respect of enforcing attendance of persons before the arbitrator or examining those persons on oath or affirmation and compelling the production of documents.
(1) In an arbitration composed of more than one arbitrator, where a vacancy occurs in their number, the arbitrators may with the consent of the parties, act despite the vacancy.
(2) Where the parties fail to give their consent as required under subsection (1), the party whose number of arbitrators is affected by the vacancy, shall appoint another arbitrator to fill the vacancy immediately; failing that the Commission shall appoint another arbitrator to fill the vacancy.
(3) In a compulsory arbitration, where a vacancy occurs in the arbitration panel, the other member of the Commission representing the interest group of the absent arbitrator shall fill the vacancy.
(1) The award of the Commission in a compulsory arbitration shall, immediately on completion be published in the Gazette by the Commission.
(2) An award published under subsection (1) is final and binding on the parties unless challenged in the Court of Appeal on questions of law within seven days after the publication of the award.
(3) Subject to an appeal, an award arising from a voluntary or compulsory arbitration shall prevail over a contract of employment or collective agreement in force at the time of the award and the terms of the contract of employment or collective agreement shall be deemed to have been modified as far as may be necessary in order to conform to the award.
(1) Subject to sections 159 and 160, a strike or lockout is legal if it is in sympathy with or in support of a strike action taken by another worker or group of workers against their employer on account of an industrial dispute with the employer.
(2) A person who declares or instigates or incites others to take part in a strike or lockout or acts in furtherance of a strike or lockout which is illegal under subsection (1) is liable for the damage, loss or injury suffered by any other person as a result of the illegal strike or lockout.
(3) The form of a strike or lockout in sympathy with another body or organisation shall be in a form agreed on with the management of the sympathisers and shall not disrupt the operational activities of the enterprise whose workers are sympathisers.
(4) Without prejudice to subsection (2), a worker who takes part in an illegal strike may have the services terminated by the employer without notice for breach of contract of employment or may forfeit remuneration in respect of the period during which the worker is engaged in the illegal strike.
(5) Without prejudice to subsection (2), an employer who resorts to illegal lockout is liable to pay the unpaid remuneration of the workers.
(6) Regulations may provide further for matters relating to sympathy strikes.
(1) During a lawful strike or lockout, the employment relationship between the employer and the workers shall not be affected by the strike or lockout and a termination of the contract of employment as a result of the lawful strike or lockout is void.
(2) Civil proceedings shall not be brought against a worker, an employer, a trade union or an employers’ organisation or an officer or a member of the trade union or employers’ organisation in respect of a lawful strike or lockout action taken in conformity with the provisions of this Act.
(3) A provision of sections 168 to 171 shall not render lawful an act of physical coercion or violence against a person or damage to the property of a person where the act or damage is an offence under the Criminal Offences Act, 1960 (Act 29).
(1) An employer may not employ a person to perform the work of a worker participating in a lawful strike unless the work is necessary to secure essential minimum maintenance services at the undertaking.
(2) A worker has the right to refuse to do a work normally performed by the worker who is participating in a lawful strike except that the worker shall not refuse to perform the work if it is necessary to secure minimum maintenance services.
(3) A dispute as to whether a work is necessary to secure minimum maintenance services shall be referred to the Commission for determination, and the decision of the Commission shall, subject to any other law, be final.
(4) For the purposes of this section, “minimum maintenance services” are those services in an undertaking the interruption of which would result in material damage to equipment and machinery and which by agreement between the workers and the employer under a collective agreement should be maintained during strike or lockout.
(1) It is lawful in furtherance of a lawful strike or lockout for a person to be present at or near not less than ten metres away from the workplace or former workplace or place of business of the employer or former employer, for the purpose of peacefully communicating information or peacefully persuading any other person not to enter the workplace or place of business, work or deal in or handle the employers’ products or do business with the employer.
(2) Picketing is unlawful if it is conducted at a place less than ten metres away from the workplace or place of business of the worker, and a person who engages in an unlawful picketing is liable for the damage, loss or injury suffered by any other person as a result of the unlawful picketing.
Where a person fails or refuses to comply with a direction or an order issued by the Commission under this Act the Commission shall make an application to the High Court for an order to compel that person to comply with the direction or order.
(1) Where an offence under this Act is committed by a body of persons, then
(a) where the body of persons is a body corporate, every director of that body corporate is deemed to have also committed the offence,
(b) where the body of persons is a firm, every partner of that firm is deemed to have also committed the offence, and
(c) where the body of persons is a worker’s union or group of workers, every officer or leader of the union or group of workers is deemed to have committed the offence.
(2) A person shall not be convicted of an offence under subsection (1), if that person proves that the offence was committed without the knowledge of, or due diligence was exercised by that person to prevent the commission of the offence.
The Minister may by Legislative Instrument, make Regulations,
(a) for securing the compliance in this country with the provisions of an international convention relating to labour made applicable to Ghana whether before or after the commencement of this Act;
(b) relating to sympathy strikes;
(c) providing for the conditions and procedure for granting licences to private employment agencies;
(d) relating to the performance of the National Tripartite Committee;
(e) on specific measures to be taken by employers to safeguard the health and safety of their workers;
(f) specifying special incentives provided for under section 46 (3);
(g) prescribing the fees for licences granted under paragraph (c);
(h) prescribing the scale of fees chargeable by the private employment agencies; and
(i) generally for carrying into effect the provisions of this Act.
In this Act, unless the context otherwise requires,
“arbitrator” includes a panel of arbitrators;
“Auditor-General” includes an auditor appointed by the Auditor-General;
“centre” means a public employment centre established under section 2;
“Commission” means the National Labour Commission established under section 135;
“contract of employment” means a contract of service whether express or implied, and if express whether oral or in writing;
“Court” means a court of competent jurisdiction;
“district committee” means a district labour committee of the Commission;
“domestic worker” means a person who is not a member of the family of a person who employs that person as house help;
“employer” means a person who employs a worker under a contract of employment;
“employers’ organisation” means any organisation of employers established by employers the principal purposes of which are the representation and promotion of employers’ interests and the regulation of relations between employers and workers and which is registered under section 84;
“essential services” includes areas in an establishment where an action could result in a particular or total loss of life or pose a danger to public health and safety and any other services that the Minister may by legislative instrument determine;
“industrial dispute” means a dispute between an employer and one or more workers or between workers and workers which relates to the terms and conditions of employment, the physical condition in which workers are required to work, the employment and non-employment or termination or suspension of employment of one or more workers and the social and economic interests, of the workers but does not include a matter concerning the interpretation of this Act, a collective agreement or contract of employment or a matter which by agreement between the parties to a collective agreement or contract of employment does not give cause for industrial action or lockout;
“lockout” means the closing of a workplace, the suspension of work by an employer or refusal by an employer to employ or re-engage a number of the workers, in consequence of an industrial dispute;
“manual labour” means a work performed by hands or physical labour;
“medical practitioner” means a medical practitioner registered under the Medical and Dental Act, 1972 (N.R.C.D. 91) or any other law for the time being in force;
“midwife” means a midwife registered under the Nurses and Midwives Act, 1972 (N.R.C.D. 117) and does not include a traditional births attendant;
“Minister” means the Minister assigned responsibility for Labour;
“person with disability” means an individual who, on account of injury, disease or congenital deformity, is substantially handicapped in obtaining or keeping employment or in engaging, in a work on the individual’s own account, of a kind which apart from that injury, disease or deformity would be suited to the age, experience and qualification of the individual;
“picketing” means the action whereby workers outside a place of work intend to persuade other
workers not to enter the place of employment during labour unrest;
“private employment agency” means a body corporate which acts as an intermediary for the purpose of procuring employment for a worker or recruiting a worker for an employer;
“Region” means a Region of Ghana;
“regional committee” means a regional labour committee of the Commission;
“Regulations” means any of the relevant Regulations made under this Act;
“remuneration” includes the basic or minimum wage or salary and an additional emolument payable directly or indirectly by the employer to the worker on account of the worker’s employment;
“repatriation expenses” includes
(a) subsistence and travelling expenses of the worker and accompanying members of his or her family during the journey to and from the place of employment, and
(b) subsistence expenses during the period, between the date of expiration of the contract and the date of repatriation;
“sexual harassment” means an unwelcome, offensive or importunate sexual advances or request made by an employer or superior officer or a co-worker to a worker, whether the worker is a man or woman;
“standing joint negotiating committee” means a body consisting of representatives of two or more trade unions and one or more trade unions and employer’s representatives established for purposes of collective bargaining and is authorised by or on behalf of those trade unions and employers’ representatives to enter into collective agreements on their behalf;
“strike” means an action by two or more workers acting in concert which is intended by them to restrict in any way the service they normally provide to the employer or diminish the output of the service with a view to applying coercive pressure upon the employer, and includes sympathy strike and those activities commonly called a work-to-rule, a go-slow or a sit-down strike;
“task worker” means a person who performs a piece of work for a fee;
“trade union” includes an association of workers the principal purposes of which are to promote and protect their economic and social interests and which is registered under section 84 and a federation of trade unions registered under this Act;
“undertaking” includes the business of an employer;
“worker” means a person employed under a contract of employment whether on a continuous, part-time, temporary or casual basis;
“workplace” includes a place where a worker needs to be or to go by reason of the work which is under the direct or indirect control of the worker;
“young person” means a person of or above eighteen years of age but below twenty-one years.
The provisions of an enactment of relevance to this Act in existence before the coming into force of this Act shall have effect subject to the modifications that are necessary to give effect to this Act, and to the extent that a provision of that enactment is inconsistent with this Act, the provisions of this Act shall prevail.
(1) The enactments specified in the Third Schedule are repealed.
(2) The enactment specified in the first column of the Fourth Schedule is amended in the manner specified in the second column.
(1) Despite the repeal of the enactments specified in the Third Schedule, a statutory instrument made under those enactments and in force immediately before the commencement of this Act are continued in force until amended, revoked or otherwise dealt with under this Act.
(2) The Trades Union Congress and the trade unions (whether affiliated to the Trade Union Congress or not) which are in existence immediately before the commencement of this Act shall not be required to apply for registration by reason only of the coming into force of this Act.
(3) On the coming into force of this Act, and until the National Tripartite Committee provided for section 110 is composed, the administrative arrangement in existence on the National Tripartite Committee shall continue to operate.
This Act shall come into force on the date that the Minister shall by executive instrument appoint. [The Act came into force on the 31st day of March, 2004 under the Labour Act (Commencement) Instrument, 2004 (E.I. 3 of 2004).]
First Schedule
WRITTEN STATEMENT OF PARTICULARS OF CONTRACT OF EMPLOYMENT
[Section 13]
- Name of employer ............................................................................
- Name of employee ...........................................................................
- Date of first appointment ..................................................................
- You are employed as (job title or grade) ..........................................
- Your rate, method and interval of pay is............................................
- Your hours of work are......................................................................
- Your periods of holidays and details of holiday pay are ...................
- The conditions relating to incapacity to work due to sickness or injury and the details of sick pay, if any, are .....................................
- Details of social security or pension scheme ...................................
- Amount of notice to terminate employment to be given by:
(a) the employer ...................................................................................
(b) the worker .......................................................................................
- The disciplinary rules applicable to you are .....................................
- The procedure for dealing with any grievances or dispute is ...........
- Overtime payment, if any .................................................................
Date ............................................
.......................................................
Signature of employer
..........................................................
Signature of worker
Second Schedule
FORM OF NOTICE TO EMPLOYER
[Section 111 (1)]
TO .................................................................................. ......................
(Name of employer)
On behalf of the .......................... trade union, I request you to deduct from the wages of your employees covered by the certificate issued under section 99 of the Labour Act, 2003, ................................ cedis monthly in discharge of their trade union dues and to pay the amounts to such account as may be directed by the Chief Labour Officer.
This notice does not apply to wages payable by any employer within 7 days of the receipt of the notice.
...................................................................... Name
...................................................................... Signature
...................................................................... Title of officer
.................................................................... List of members
Third Schedule
ENACTMENTS REPEALED
[Section 175 (1)]
The Conspiracy and Protection of Property (Trade Disputes) (Cap. 90)
The Trade Unions Ordinance (Cap. 91)
The Trade Unions (Amendment) Ordinance, 1953 (No. 19)
The Trade Unions (Amendment) Decree, 1966 (N .L.C.D. 110)
The Trade Disputes (Arbitration and Inquiry) (Cap. 93)
The Industrial Relations Act, 1965 (Act 299)
The Industrial Relations Act, 1965 (Amendment) Decree, 1967 (N.L.C.D. 189)
The Industrial Relations (Amendment) Decree, 1972 (N.R.C.D. 22)
The Labour Decree, 1967 (N.L.C.D. 157)
The Labour (Amendment) Decree, 1967 (N.L.C.D. 212)
The Labour (Amendment) Decree, 1969 (N.L.C.D. 331)
The Labour (Amendment) Decree, 1969 (N.L.C.D. 342)
The Labour (Amendment) Decree, 1969 (N.L.C.D. 368)
The Labour (Amendment) Decree, 1973 (N.R.C.D. 150)
The Labour (Amendment) Decree, 1976 (S.M.C.D. 33)
The Labour (Amendment) Decree, 1976 (S.M.C.D. 42)
The Public Service (Negotiating Committee) Law, 1992 (P.N.D.C.L. 309)
Fourth Schedule
ENACTMENT AMENDED
[Section 175 (2)]
| COLUMN 1 | COLUMN 2 |
| ENACTMENT | HOW AFFECTED |
| Children’s Act, 1998 (Act 560) | Section 93 is amended by the deletion of the words “and young persons” wherever they occur.
Section 95 (1) is amended by the deletion of the words “and young persons”. Section 124 is amended by the deletion of the definition of “young person”.
|