Labour Act, 2003
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
PART II – PUBLIC EMPLOYMENT CENTRES AND PRIVATE
PART III – PROTECTION OF EMPLOYMENT
PART IV – GENERAL CONDITIONS OF EMPLOYMENT
Sub Part I – Annual leave with pay
Official Gazette, The Labour Act, 2003, Ghana, 2003-10-10, pp. 1-58, http://www.ilo.org/dyn/natlex [accessed 1 Oct 2016].
Sub-Part II – Hours of work
Sub-Part III – Rest periods
PART V – Employment of persons with disability
PART VI – EMPLOYMENT OF WOMEN
PART VII – EMPLOYMENT OF YOUNG PERSONS
PART VIII – FAIR AND UNFAIR TERMINATION OF
PART IX – PROTECTION OF REMUNERATION
PART X – SPECIAL PROVISIONS RELATING TO TEMPORARY WORKERS AND CASUAL WORKERS
PART XI – TRADE UNIONS AND EMPLOYERS’
PART XII – COLLECTIVE AGREEMENT
PART – XIII NATIONAL TRIPARTITE COMMITTEE
PART XIV – FORCED LABOUR
PART XV – OCCUPATIONAL HEALTH, SAFETY AND
PART XVI – LABOUR INSPECTION
PART XVII – UNFAIR LABOUR PRACTICES
PART XVIII – NATIONAL LABOUR COMMISSION
Sub-Part I – Establishment and Functions of the National Labour Commission
Sub-Part II – Settlement of industrial disputes
PART XIX – STRIKES
PART XX – MISCELLANEOUS
THE SIX HUNDRED AND FIFTY-FIRST
OF THE PARLIAMENT OF THE REPUBLIC
LABOUR ACT, 2003
AN ACT to amend and consolidate the laws relating to labour, employers, trade unions and industrial relations; to establish a National Labour Commission and to provide for matters related to these.
DATE OF ASSENT: 8th October, 2003.
BE IT ENACTED by Parliament as follows:
Scope of application
PART II – PUBLIC EMPLOYMENT CENTRES AND
FEE-CHARGING EMPLOYMENT AGENCIES
Establishment of Public Employment Centres and registration of private employment agencies
Functions of the Centres
Registration of unemployed persons
Employment through Centres or Agencies
questionnaire as required under subsection (2) the Chief Labour Officer shall direct the employer to do so within a specified time, and the employer shall comply with the direction.
Private Employment Agencies
Rights of employer
Duties of employers
Rights of a worker
Duties of workers
Contract of employment
Written statement of particulars of contract of employment
Prohibition of restrictive conditions of employment
14 . An employer shall not in respect of any person seeking employment, or of persons already in his employment
(a) require that person to form or join a trade union or to refrain from forming or joining a trade union of his or her choice;
Grounds for termination of employment
Types of contract of employment
Notice of termination of employment
Remuneration on termination of employment
Sub-Part I – Annual leave with pay
Interruption of work by public holidays, sickness of worker
Interruption of work by voluntary communal work, civic duties and special leave
Sick leave not part of annual leave
Leave to be uninterrupted
Employer to bear cost of leave interrupted
Record of employment, leave
Worker may take leave in two equal parts
Leave entitlement to be restored to suspended worker on reinstatement 29. Where a worker, suspend from the service of his or her employer prior to disciplinary or criminal proceedings being taken against him or her is reinstated, the worker shall be entitled to take the leave he or she would have had if he or she had not been suspended.
Termination of employment not to affect leave entitlement earned
Agreement to forgo leave to be void
Sub-Part not applicable to family concerns
Maximum hours of work
33 . The hours of work of a worker shall be a maximum of eight hours a day or forty hours a week except in cases expressly provided for in this Act.
Different hours of work
exceed nine hours a day or a total of forty hours a week;
Commencement and closing of work
or lift to go down and ends when the worker leaves it at the surface; and
Undertakings to which this Sub-Part applies 40. In any undertaking
(a) where the normal hours of work are continuous, a worker is entitled to at least thirty minutes break in the course of the work, but the break forms part of the normal hours of work; and
(b). where the normal hours of work are, in two parts, the break should not be of less than one hour duration and does not form part of the normal hours of work.
Daily rest period
Weekly rest period
Rest periods not to include public holidays
PART V – EMPLOYMENT OF PERSONS WITH DISABILITY
Registration of Persons with disability
Notification of employment of persons with disability
Particulars of contract of employment
Persons with disability in public service posts
Employment not to cease upon disablement
Length of notice of termination
Transfer of persons with disability
Part to be read as one with other relevant enactment
Night work or overtime by pregnant women
Protection of assignment of pregnant women
Maternity, annual and sick leave
additional weeks where the confinement is abnormal or where in the course of the same confinement two or more babies are born.
Prohibition of employment of young persons in hazardous work
Health of young persons
Registration of young persons
“industrial undertakings” include
Unfair termination of employment
Remedies for unfair termination
unemployed or suffers any diminution in the terms and conditions of employment,
the worker is entitled to be paid by the undertaking at which that worker was immediately employed prior to the close down, arrangement or amalgamation, compensation, in this section referred to as “redundancy pay”.
Payment of remuneration
Equal pay for equal work
Employer not to compel workers to use its store
Paid public holidays
Right to employ and application of this Part
Remuneration of temporary and casual workers
every day in the week, the minimum monthly remuneration is the amount represented by three hundred and sixty-five times his daily wage divided by twelve.
(1)(a) is not entitled to 1/27 of his or her minimum monthly remuneration as specified in that paragraph for each day the worker is absent from work during the month.
(1)(b) is not entitled to a twenty-eighth, twenty-ninth, thirtieth or thirty-first part of his or her minimum remuneration as specified in that paragraph for each day the worker is absent from work during the month, depending on whether the month consists of twenty-eight, twenty-nine, thirty or thirty-one days.
Payment of remuneration for public holidays
“temporary worker” means a worker who is employed for a continuous period of not less than one month and is not a permanent worker or employed for a work that is seasonal in character;
“casual worker” means a worker engaged on a work which is seasonal or intermittent and not for a continuous period of more than six months and whose remuneration is calculated on a daily basis.
Freedom of Association
Formation of trade union or employers’ organization
Independence of trade unions and employers organizations
Application for Registration
organization do not discriminate on the grounds stated in section 87 against any person,
the Chief Labour Officer shall register the trade union or employers’ organization.
Certificate of registration
Rules of trade unions and employers’ organisations
Register of trade unions and employers’ organizations
Protection against discrimination
Effect of registration
Change of name
Registration of change of name and amalgamation
Alteration of rules
Accounts and audit
assets and liabilities; and
Audited financial statements
Duty to negotiate in good faith
Contents of collective agreement
Collective bargaining certificate
Variation of certificate
Negotiations by negotiating committee or joint negotiating committee
Negotiations may be conducted by a union officer or member
Failure to negotiate
Effect of collective agreement
Notice of collective agreement to workers
Duration of collective agreements
Provision for dispute settlement
Power to extend collective agreements
and their employers,
the Chief Labour Officer may direct that those terms of the collective agreement shall apply in relation to that class of workers and their employers as they apply in relation to workers of the class specified in the certificate and their employers.
Effect of extension of collective agreements
directive shall prevail, unless the terms of the contract are more favourable to the worker.
Establishment of National Tripartite Committee
Functions of the National Tripartite Committee
(3).The Ministry shall provide the National Tripartite Committee with such secretarial services as the Committee may require for the effective performance of its functions.
Meeting of the National Tripartite Committee
Regional and District Tripartite Committees
Prohibition of forced labour
Interpretation of “forced labour”
arising or existing during that period for the purpose of dealing with the situation; or
General health and safety conditions
Exposure to imminent hazards
Employer to report occupational accidents and diseases
Appointment of Inspector
Powers of labour inspectors
Inspectors to maintain confidentiality
Obstruction of inspectors
Interference by employers in union affairs
Employer to facilitate workers trade union business
Interference that causes financial loss
Union activities during working hours
131 (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 his or her employer, without the consent of the employer.
Commission to make orders
PART XVIII-NATIONAL LABOUR COMMISSION
Sub-Part I Establishment and functions of the National Labour Commission
Establishment of Commission
Composition of the Commission
Qualifications of chairperson and other members of the Commission
except that in the case of the chairperson, the person shall also be knowledgeable in industrial law.
Functions and independence of the Commission
Powers of the Commission
made under this Act 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 witness 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 witness abroad.
(3)The Commission shall in respect of its proceedings enjoy the same privileges and immunities pertaining to proceedings in the High Court.
Meeting of the Commission
Committees of the Commission
Allowances for members of the Commission and its Committees
Tenure of office of members
Regional and District Committee of the Commission
determined by the Commission except that there shall be equal representation of Government, organized labour and employers’ organization.
Functions of a Regional or District Labour Committee
Meetings of a Regional or District Labour Committee
Secretariat for the Commission
Expenditure of the Commission
Reports form Regional and District Labour Committees
Annual reports of the Commission
Regulations by the Commission
Settlement by negotiation
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.
List of mediators and arbitrators
Appointment of arbitrators
Notice of intention to resort to strike or lockout
either party intending to take strike action or institute lockout, shall give written notice of this to the other party and the Commission, with seven days after failure to agree to refer the dispute to voluntary arbitration or the termination of the proceedings.
Strike and lockout
Prohibition of strike or lockout in respect of essential services
Compulsory reference to arbitration
Powers of Arbitration
Vacancy in Arbitration Panel
Publication of compulsory arbitration award and effect of arbitration awards on existing employment contracts
Illegal strike or lockout
Legal effect of lawful strike or lockout
trade union or employers’ organization or an officer or a member of such trade union or organization in respect of any lawful strike or lockout action taken in conformity with the provisions of this Act.
Temporary replacement of labour
PART XX – MISCELLANEOUS PROVISIONS
Enforcement of orders of the Commission
Offences by body of persons
173 . (1) Where an offence under this Act is committed by a body of persons, the following provision shall have effect.
174 . Subject to the provision of this Act, the Minister may make regulations,
“arbitrator” includes a panel of arbitrators;
“Centre” means a Public Employment Centre established under section 2 of this Act;
“Commission” means the National Labour Commission established under section 135 of this Act;
‘’contract of employment means a contract of service whether express or implied, and if express whether oral or in writing; ‘’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 him or her as househelp” “employer” means any person who employs a worker under a contract of employment;
“employers’ organization” means any organization of employers established by employers the principal purposes of which are the representation and promotion of employers’ interests and the regulation f relations between employers and workers and which is registered under section 84 of the Act;
“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 such other services as the Minister may be legislative instrument determine;
“industrial dispute” means any 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 any matter concerning the interpretation of this Act, a collective agreement or contract of employment or any 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 any number of his or her workers, in consequence of an industrial dispute;
“manual labour” means any work performed by hands or physical labour;
“medical practitioner” means a medical practitioner registered under the Medical and Dental Decree, 1972 (NRCD 91) or any other law for the time being in force;
“midwife” means a midwife registered under the Nurses and Midwifes Decree, 1972 (NRCD 117) and does not include a Traditional Births Attendants;
“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 any work on his or her own account, of a kind which apart from that injury, disease or deformity would be suited to his or her age, experience and qualification
“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 any body corporate which acts as an intermediary for the purpose of procuring employment for a worker or recruiting a worker for an employer;
“Regional Committee” mean a Regional Labour Committee of the Commission;
“remuneration” includes the basic or minimum wage or salary and any additional emoluments payable directly or indirectly by the employer to the worker on account of the worker’s employment;
“repatriation expenses” includes –
“sexual harassment” means any unwelcome, offensive or importunate sexual advances or request made by an employer or superior officer or a co-worker, whether the worker is a man or woman;
“standing joint negotiation 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 authorized by or on behalf of those trade unions and employers’ representatives to enter into collective agreements on their behalf;
“strike” means any 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 such 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 perform a piece of work for a fee; “trade union” means any 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 of this Act and includes a federation of trade unions registered under this Act;
“undertaking” includes the business of any employer’
“worker” means a person employed under a contract of employment whether on a continuous, part-time, temporary or casual basis; “workplace” includes any place where a worker needs to be or to go by
reason of his or her work which is under the direct or indirect control of the worker;
“young person” means a person of or above 18 years of age but below 21 years.
Modification of existing enactments
Repeals and amendment
Savings and transitional provision
(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). Upon the coming into force of this Act and until the National Tripartite Committee provided for under section 110 is composed, the administrative arrangement in existence on national tripartite committee shall continue to operate.
WRITTEN STATEMENT OF PARTICULARS
OF CONTRACT OF EMPLOYMENT
Date……………………………… Signature of employer
Signature of worker
FORM OF NOTICE TO EMPLOYER
(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 amount 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.
Title of officer
List of members
(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 (NLCD 110)
The Trade Disputes (Arbitration and Inquiry) (Cap 93)
The Industrial Relations Act, 1965 (Act 299)
The Industrial Relations Act, 1965 (Amendment) Decree, 1967 (NLCD189)
The Industrial Relations (Amendment) Decree, 1972 (NRCD 22)
The Labour (Amendment) Decree, 1967 (NLCD 212)
The Labour (Amendment) Decree, 1969 (NLCD 331)
The Labour (Amendment) Decree, 1969 (NLCD 342)
The Labour (Amendment) Decree, 1973 (NLCD 368)
The Labour (Amendment) Decree, 1976 (NLCD 150)
The Labour (Amendment) Decree, 1976 (NLCD 212)
The Public Service (Negotiation Committee) Law, 1992 (PNDCL 309)
(Section 175 (2))
Date of Gazette notification: 10th October, 2003
OfficialGazette, The Labour Act, 2003, Ghana, 2003-10-10, pp. 1-58, http://www.ilo.org/dyn/natlex[accessed1 Oct 2016].