Download [REPACK] Ghana Labour Act 2003

The Human Trafficking Act, 2005, covers the recruitment, transportation, transfer, harbouring, trading or receipt of persons, within and across borders, by the use of threat, fraud and exploitation of vulnerability or by paying to gain consent as well as induced prostitution and other forms pf sexual exploitation, forced labour, slavery or the removal of organs. Complaints can be filed with the police not only by the victim but by any person having information about the trafficking. Sections 14 to 33 cover rescue, rehabilitation and reintegration of trafficked persons, including the creation of a Fund whose money shall be applied towards the basic support of victims of trafficking, tracing their families and providing skills and training, as well as training for the persons connected with rescue operations. Sanctions for persons convicted of trafficking include imprisonment for not less than 5 years. The Ghana AIDS Commission Act, No. 613 of 2002, establishes a Commission, of tripartite-plus composition, to formulate a national HIV/AIDS policy.

In addition, sections 135 to 152 of the Labour Act establish the National Labour Commission (NLC). Comprised of a Chairperson nominated jointly be employers and organised labour and six members (likewise coming from the tripartite social partners), it is to be an independent body with allowances paid as determined by the Minister in consultation with the Minister for Finance (ss. 138(2) and 142), holding regular meetings (at least every two months-s. 140), with its own secretarial services and staff (s.147). Its functions are, among others, to facilitate the settlement of industrial disputes, settle industrial disputes, investigate unfair labour practices, prevent labour disputes and promote cooperation between workers and management. Its annual reports are submitted to the Minister for Labour who must table them in Parliament (s.151).

Download Ghana Labour Act 2003

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The Ministry of Manpower Development, Youth and Employment (MMDYE) is the Executive body responsible for the formulation and implementation of labour laws, policies, regulations and conventions of industrial relations as well as the monitoring and evaluation of such policies and programmes. It is also responsible for the implementation of labour market programmes in collaboration with other stakeholders in the sector. It convenes meetings of the NLC and the NTC (on salaries and wages) and advises Government on the decisions taken by these institutions. The Ministry used to facilitate mediation and conciliation between employees and employers in conflict situations; this role is now vested in the NLC under the new Labour Act. The Medium-Term Expenditure Framework, 2004-2006 of the Ministry of Finance and Economic Planning indicate that discretionary expenditure ceiling for the Ministry amounts to about 75.8 billion cedis. This is about 0.41 % of total Government programmed discretionary expenditure. Out of this amount more than 70% goes to the payment of personnel costs and administration. The staffing capacity of the Ministry is about 67, of whom 27 are technical staff. During 2005, the Ministry was streamlining its activities by adopting a Sector-Wide Approach Program to fund institutional capacity development. The Ministry is structured around four Departments having separate labour administration responsibilities (Labour, Social Welfare, Cooperatives and the Factories Inspectorate). The Labour Department has 62 public employment centres throughout the country, and an Employment Information Bureau, which collates statistics on the employed and unemployed through registration, including monthly data sent in from the employment centres.

The minimum legal age of entering the labour market is 16 years. Sections 58 to 61 of the labour Act prohibit the employment of young persons in hazardous work, which is defined to include work likely to expose the person to physical or moral hazard. The Minister for Labour may determine the exact types of work meant here. Section 58(3) specifies that an employer must not employ a young person in underground mine work. Registers of young persons employed in undertakings must be maintained. Young person is defines as of or above 18 years of age but below 21 years.

A person who engages in anti-union discrimination is guilty of an unfair labour practice (section 127); similarly interference by employers in the formation of a union or in union affairs of prohibited (section 128). Reasonable facilities and time must be afforded to officers of a trade union, but trade union officers may not engage in union activities during working hours without the consent of the employer.

At the national level, the TUC represents organized labour and civil society in key national bodies, institution, commissions, boards and committees such as SSNIT Board, NTC, Media Commission, NACL, National Population Council, Divestiture Implementation Committee, Ghana Free Zones Board, NVTI, Public Utilities Regulatory Commission, National Health Endowment Fund, Ghana Committee on Human and Peoples Rights and have always been concerned with the development of the legal framework that regulates industrial relations practice. It also plays a significant role in the ILO, the International Confederation of Free Trade Unions (ICFTU), the Commonwealth Trade Union Council and the Organization of African Trade Union Unity.

Employers or their organisations and workers or groups of workers who seek to threaten or intimidate the other party during negotiations of a collective agreement are guilty of an unfair labour practice (s.129).

In general, the provisions in CBAs are adhered to in the formal sector especially where there is unionised labour. The problem lies with the informal sectors where many of the employees do not belong to unions or employees associations. It is estimated that 88.3% employees working in the informal sector are not covered by CBAs. In their case, employment conditions are determined either exclusively by the employer and the employees through informal bargaining. The situation could be worse in the agricultural sector. The General Agricultural Workers Union estimate that only about 8% of agricultural labour is in the formal sector mostly in commercial agricultural farms. A review of some of the CBAs in the formal agricultural sector indicates that they contain the basic provisions required by law in addition to other benefits such as health, vehicles, housing, provident fund and end of service benefits. However, such benefits are absent in the informal sector where the majority of agriculture labour is found.

The nature of bargaining in the labour market has implications on flexibility as well as employment and wage settlements. Empirical observations suggest that highly centralized bargaining increases the leverage of the local union at the national level and lower frequency of strikes whiles decentralized bargaining leads to greater flexibility and leverage and helps employers to respond to changing market conditions. However, it is costly to small firms.

If the parties cannot settle within 7 days, either or both parties may refer the dispute to the new 7-person National Labour Commission, whose prime function is to facilitate settlement of industrial disputes. It has drawn up internal rules and procedures for the settlement of labour disputes, and is working on the development and passage of the Legislative Instrument for this. The Commission has recruited arbitrators/mediators and judges and is in the process of training them. At the end of July 2005, the Commission had received a total of 169 complaints from employees, trade unions and employers for settlement. The majority of the complaints (61%) concern dismissals and unfair termination while the others allege non-payment of severance pay, national minimum daily wage and social security contributions among others.

Section 168 protects legal sympathy strikes, subject to certain conditions. It declares no work, no pay for illegal strikers for the period that the worker is engaged in the illegal action, and permits termination (subsection (4)). Section 170 protects against the hiring of replacement labour during a lawful strike, unless for minimum maintenance services at the undertaking. The Commission is authorised to hear disputes over what work amounts to minimum maintenance services. Section 171 protects peaceful picketing.

Background: Women have experienced severe labour pain over the years and various attempts have been made to effectively manage labour pain. However, there is paucity of literature on the labour pain experience and perceptions about labour pain with the contemporary Ghanaian health system. Therefore this study sought to gain an in-depth understanding on labour pain experiences and perceptions of post-partum women.

Results: Women in this study experienced pain during labour rated as mild, moderate and severe and the pain was felt at the waist area, vagina, lower abdomen and the general body. The women expressed labour pain through crying, screaming and shouting. They prayed to God to help reduce the severe pain. Some women endured the pain, cried inwardly and others showed no sign of pain. Some women believed that crying during labour is a sign of weakness. Pain reliefs such as pethidine (Meperidine) was occasionally given. Non-pharmacologic measures employed included walking around, deep breathing, side-lying, waist holding, squatting, taking a shower and chewing gum. The individuality of pain experience and expression was emphasized and the socio-cultural orientation of women made some of them stoic.

Compliance with minimum wages including other provisions of Labour Code relating to hours of work, safety, health and welfare of the workers and the employment of young persons is ensured by the labour inspectors. In case of non-compliance, may lodge a complaint with the government, employers and trade union to take up the matter. However, the law does not specify the punishment in this regard. A fine can be imposed only if the employer fails to comply with the directions given by the labour inspector. 006ab0faaa