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?
An employer must take appropriate measures to safeguard the health and safety of ___________ at work.
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Match the following medical examination requirements with their descriptions:
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According to section 12 of the Labour Law, how long should the written contract of employment be secured for?
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Under what circumstances can an employer terminate a contract of employment based on section 15 of the Labour Law?
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What compensation is the employer required to pay the worker upon termination of employment according to section 18 of the Labour Law?
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Workers may be required to work beyond fixed hours without additional pay in certain exceptional circumstances according to the Labour Law.
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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.
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When did Ghana join the International Labour Organisation (ILO)?
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What is the aim of the Labour Act?
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Equal remuneration is addressed in the Labour Act.
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According to Section 9 of the Labour Law, the employer's duties include providing work and appropriate ____, machinery, equipment, and tools.
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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
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A worker is entitled to not less than 15 working days' leave with full pay in any calendar year of continuous service
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Leave entitlements include annual leave, sick leave, and special leave### Employer's Duty
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Provide and maintain a safe workplace, plant, and system of work without risks to health.
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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.
