Labour Laws in Ghana: Safety, Environment, and Compensation

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Questions and Answers

According to Section 119 of the Labour Law, what must a worker do if they believe there is an imminent and serious danger to their life, safety, or health at the workplace?

Report to immediate supervisor and remove themselves from the situation

True or False: An employer is allowed to dismiss a worker who removes themselves from a work situation believed to be dangerous.

False

When must an employer report occupational accidents and diseases to the appropriate government agency?

Within 3 days

Within 14 days

Within 24 hours

Within 7 days (correct)

An employer must take appropriate measures to safeguard the health and safety of ___________ at work.

employees Signup and view all the answers

Match the following medical examination requirements with their descriptions:

Pre-employment medical examination = Certifies employee's health and fitness for work Periodic medical examination = Required for employees in hazardous environments Signup and view all the answers

According to section 12 of the Labour Law, how long should the written contract of employment be secured for?

6 months Signup and view all the answers

Under what circumstances can an employer terminate a contract of employment based on section 15 of the Labour Law?

All of the above Signup and view all the answers

What compensation is the employer required to pay the worker upon termination of employment according to section 18 of the Labour Law?

remuneration earned, deferred pay, compensation for sickness or accident, and other specified payments Signup and view all the answers

Workers may be required to work beyond fixed hours without additional pay in certain exceptional circumstances according to the Labour Law.

True Signup and view all the answers

According to the Labour Law, every worker is entitled to at least __ working days leave with full pay in any calendar year of continuous service.

fifteen Signup and view all the answers

When did Ghana join the International Labour Organisation (ILO)?

1957 Signup and view all the answers

What is the aim of the Labour Act?

To establish a National Labour Commission Signup and view all the answers

Equal remuneration is addressed in the Labour Act.

True Signup and view all the answers

According to Section 9 of the Labour Law, the employer's duties include providing work and appropriate ____, machinery, equipment, and tools.

raw materials Signup and view all the answers

Study Notes

Labour Laws (Act 651, 2003; LI 1833) – HSE Components

Historical Perspective

Labour laws in Ghana emerged partly due to Ghana's involvement in the International Labour Organisation (ILO)
ILO is an organisation of the United Nations, existing since 1919
Ghana joined ILO in 1957 and has ratified 46 of its conventions
ILO brings together governments, employers, and workers' representatives to set out policies for promoting decent work for all men and women

Fundamental ILO Conventions

Freedom of Association and Protection of the Right to Organise and Collective Bargaining Convention, 1949 (No. 87)
Abolition of Forced Labour Convention, 1957 (No. 105)
Minimum Age Convention, 1973 (No. 138)
Worst Forms of Child Labour Convention, 1999 (No. 182)
Equal Remuneration Convention, 1951 (No. 100)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

Labour Act – Fundamental Information

Aim: to amend and consolidate the laws relating to labour, employers, trade unions and industrial relations
Applies to all workers and employers, except the armed forces, police service, prisons service, and security intelligence agencies specified under Act 526

Labour Act – Major Components

Part XI: Trade Unions and Employers' Organisations
Part XVI: Labour Inspection
Part XVII: Unfair Labour Practices
Part XVIII: National Labour Commission
Part XIX: Strikes
Part XX: Miscellaneous

Rights and Duties of Employers and Workers

Rights of Employers

Employ a worker
Discipline, transfer, promote, and terminate the employment of a worker
Formulate policies, execute plans, and set targets
Determine the type of products to make or sell and the prices of goods and services

Duties of Employers

Provide work and appropriate raw materials, machinery, equipment, and tools
Pay agreed remuneration at the time and place agreed on
Ensure workers are free from risk of personal injury or damage to health
Take practicable steps to ensure workers' safety and health

Rights of Workers

Work under satisfactory, safe, and healthy conditions
Receive equal pay for equal work without distinction of any kind
Form or join a trade union
Have rest, leisure, and reasonable limitation of working hours and period of holidays with pay

Duties of Workers

Work conscientiously
Report for work regularly and punctually
Enhance productivity
Exercise due care in the execution of assigned work
Obey lawful instructions regarding the organisation and execution of work

Contract of Employment

A written contract of employment shall express in clear terms the rights and obligations of the parties
A contract of employment may be terminated by mutual agreement, death of the worker, or by the employer on certain grounds

Termination of Employment

Grounds for termination of employment include mutual agreement, death of the worker, inability of the worker to carry out his or her work, and proven misconduct
The employer shall pay to the worker any remuneration earned, deferred pay, compensation due to sickness or accident, and any other payments specified in the contract of employment

Leave Entitlements

A worker is entitled to not less than 15 working days' leave with full pay in any calendar year of continuous service
Leave entitlements include annual leave, sick leave, and special leave### Employer's Duty
Provide and maintain a safe workplace, plant, and system of work without risks to health.
Ensure safety and absence of risks to health in connection with the use, handling, storage, and transport of articles and substances.

Training and Supervision

Provide necessary information, instructions, training, and supervision to ensure health and safety, considering workers' age, literacy level, and other circumstances.

Exposure Control/Prevention

Take steps to prevent contamination of the workplace by toxic gases, vapour, dust, fumes, and other substances or materials likely to cause risk to safety or health.

Hygiene

Provide separate, sufficient, and suitable toilet and washing facilities and adequate facilities for the storage, changing, drying, and cleansing of clothing for male and female workers.

Drinking Water

Provide an adequate supply of clean drinking water at the workplace.

Accident Prevention

Prevent accidents and injury to health arising out of, connected with, or occurring in the course of work by minimizing the causes of hazards inherent in the working environment.

Punishment for Noncompliance

An employer who fails to discharge any of the obligations is liable on summary conviction to a fine not exceeding 1000 penalty units or to imprisonment for a term not exceeding 3 years or to both.

Employees' Responsibilities

Use safety appliances, firefighting equipment, and personal protective equipment provided by the employer in compliance with the employer's instructions.
An employer shall not be liable for injury suffered by a worker who contravenes the subsection where the injury is caused solely by noncompliance by the worker.

Exposure to Imminent Hazards

When a worker finds themselves in a situation at the workplace which they have reasonable cause to believe presents an imminent and serious danger to their life, safety, or health, they shall immediately report this fact to their immediate supervisor and remove themselves from the situation.

Reporting of Occupational Accident and Diseases

An employer shall report as soon as practicable and not later than seven days from the date of the occurrence to the appropriate government agency, occupational accidents and diseases which occur in the workplace.

Specific Measures

The Minister may by legislative instrument make Regulations providing for specific measures to be taken by employers to safeguard the health and safety of workers employed by them.

Labour Regulations, 2007 [LI 1833]

Ensure the health and safety of employees by providing appropriate safeguard measures.
Report accidents and/or diseases to the appropriate authorities.
Ensure a safe business environment and safe business operations.

Occupational Health and Safety at Work

An employer shall take appropriate measures to safeguard the health and safety of employees.
Report to the Chief Labour Officer or the Inspector of Factories if an occupational accident or disease occurs during or in the course of the employment of the employee.
Ensure that the business environment is not rendered unsafe by the business operations.

Medical Examination of Workers

Pre-employment medical examination: an employer shall not permanently engage an employee in any work unless a recognised medical practitioner certifies at a pre-employment examination that the employee is in good health and is medically fit for the work assigned to the employee.
Periodic medical examination: an employee who works in hazardous situations such as contact with fumes and gaseous substances shall undergo a periodic medical examination once a year.

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Description

This quiz covers the historical perspective of labour laws in Ghana, including its involvement in the International Labour Organisation and the components of Health, Safety, and Environment. It also touches on the laws related to compensation.