Concept, Sources, and History of Labour Law

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Questions and Answers

The Labour Act, 2003 (Act 651) established the National Labour Commission. What primary power does this commission possess?

The power to draft new labour laws for parliamentary approval.
The power to adjudicate and settle industrial disputes. (correct)
The power to enforce criminal sanctions for labour violations.
The power to oversee and manage all trade union activities.

Which of the following entities falls outside the jurisdiction of the Labour Act, 2003 (Act 651)?

A private security firm employing civilian guards.
The Ghana Police Service. (correct)
A state-owned manufacturing company.
An international non-governmental organization operating in Ghana.

According to Article 1(2) of the 1992 Constitution of Ghana, what happens if a provision in the Labour Act is inconsistent with the Constitution?

The inconsistent provision of the Labour Act is rendered void and of no effect. (correct)
Both the Constitution and the Labour Act provision are amended to achieve consistency.
The Labour Act provision takes precedence in matters of labour relations.
The Supreme Court decides which provision should apply on a case-by-case basis.

Chapters of the Constitution, 1992 Article 191(b) and 199 re-enforce the guarantee security of tenure of office of public officers? What does 'security of tenure' primarily ensure for public officers?

Protection against arbitrary dismissal from their positions. (A) Signup and view all the answers

Sections 1-7 of the Labour Act address what?

Establishment of Public Employment Centres and Private Employment Agencies. (D) Signup and view all the answers

Which statement best describes the primary goal of labour law?

To mitigate the inherent power imbalance between employers and employees, ensuring fair negotiation of working conditions. (D) Signup and view all the answers

Historically, what was the initial focus of labour laws, before the 19th century?

Imposing discipline on workers, suppressing dissent, and ensuring obedience to employers. (C) Signup and view all the answers

How does labour law differ from civil law in its approach to contractual relationships?

Labour law acknowledges the inherent power imbalance and seeks to correct it, while civil law assumes parties are equal. (A) Signup and view all the answers

Which historical event underscored the shift towards recognizing the need for worker protection through labour laws?

The Industrial Revolution and its associated worker exploitation. (C) Signup and view all the answers

Which of the following is an example of a collective agreement in the context of labour law?

An agreement reached between union workers and employer associations. (D) Signup and view all the answers

According to the content, what is the fundamental principle of labour legislation concerning the labour market?

To guarantee protection and basic rights to the weaker party, enabling fair negotiations. (D) Signup and view all the answers

Which of the following is the most accurate description of the scope of labour law?

The regulation of the relationship between employer and worker. (A) Signup and view all the answers

Which of the following would NOT typically be considered a source of labour law in Ghana?

International treaties on trade ratified by Ghana. (A) Signup and view all the answers

Which of the following best describes the primary source of workplace governance, according to the text?

Agreements, understandings, and instructions originating within the workplace. (B) Signup and view all the answers

What role does legislation play in governing the workplace?

It serves primarily to fill gaps and ensure minimum standards. (A) Signup and view all the answers

Which of the following areas of law, beyond specific 'labor laws', might a lawyer need to consider when dealing with workplace issues?

Constitutional law, statutes, common law, and criminal law. (D) Signup and view all the answers

What is the significance of ILO Conventions ratified by Ghana, as described in the text?

They are a form of labor law negotiated internationally, representing universally applicable minimum standards. (C) Signup and view all the answers

Based on the excerpt from Ghana Lotto Operators Association vrs. National Lottery Authority [2007-2008] SCGLR 1088, what principle is Date-Baah JSC (as he then was) emphasizing?

The government retains normal regulatory authority over private enterprise to foster individual initiative and creativity in economic activities. (D) Signup and view all the answers

Which legal instrument is NOT explicitly mentioned in the text as a source of labour law in Ghana?

The Public Order Act. (A) Signup and view all the answers

What would be considered an example of addressing gaps, as said in the text, in labor law via legislation?

The passage of a law establishing a minimum wage. (A) Signup and view all the answers

A company is found to be in violation of Article 24 of the National Constitution. Considering this information and the content provided, what area of labor law is potentially being violated?

Right to fair and satisfactory working conditions (B) Signup and view all the answers

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Study Notes

Concept and Sources of Labour Law

Labour law regulates the relationship between employers and workers, or the user and supplier of labour.
It establishes rights, obligations, principles and standards for workers, union members, employers, and employer organizations in a defined employment relationship within the workplace.

Forms of Labour Law

Labour law can manifest as a Bilateral Contract Agreement between a worker and an employee.
Labour law can manifest as a Collective Agreement between union workers and employer's associations.

History of Labour Law

Early labour laws were enacted to impose discipline on workers, suppress protest movements, and ensure obedience to employers.
An example of this is the Ordinance of Labourers Act of 1349 in England.
It was not until the nineteenth century that there was a need for laws that would provide workers with minimum protection against abuse by employers.
Labour was no longer to be seen as a commodity.
Labour law was assigned to the realm of public protection, unlike civil law, which assumes equality between contracting parties.
Labour law corrects the basic inequality between employer and employee through legislation or collective agreements.

Purpose of Labour Law

Labour law serves to correct the imbalance of power between the employee and the employer.
Labour law prevents working conditions from falling below acceptable societal standards.
Labour law aims to regulate the labour market.
The fundamental principle of labour legislation is to protect the weaker party in the labor market, ensuring fair negotiation of salaries and working conditions.

Sources of Labour Law

There's no comprehensive definition of labour law.
Workplace conduct is governed by agreements, informal understandings, and formal instructions originating in the workplace.
Legislation becomes relevant when filling gaps or ensuring minimum standards.
Governing the workplace involves constitutional law, statutes, common law, and criminal law, not just "labor laws."
Labour law amalgamates legal frameworks, converging around the workplace and working life.
International standards by the ILO, such as conventions ratified by Ghana, act as universally applicable minimum standards negotiated by governments, employers, and workers.

The National Constitution, 1992

Key Articles include 16, 17, 21(e), 24, 27, 36, 37(2), 37(6), and 41(c).
Article 1 (2) declares the Constitution as the supreme law, voiding any inconsistent law.

The Labour Act, 2003, (Act 651)

The Labour Act, 2003, (Act 651) sought to amend and consolidate the old laws relating to labour, employers, trade unions and industrials relations.
Aims to amend and consolidate laws relating to labour, employers, trade unions, and industrial relations.
It established the National Labour Commission to settle industrial disputes.
Excluded workers include the Armed Forces, Police Service, Prison Service, and specified Security and Intelligent Agencies.
Sections 1-7 address the establishment of Public Employment Centres and Private Employment Agencies.

Employment in the Public Service and Private Sector

Chapter 14 of the Constitution, specifically Articles 191(b) and 199, reinforces tenure security for public officers and public servants.

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Description

Labour law governs the relationship between employers and workers, establishing rights and obligations. It can manifest as a Bilateral Contract Agreement or a Collective Agreement. Early labour laws focused on worker discipline, but later laws aimed to protect workers from employer abuse.