ES 474 - L03.pdf

(ES 474) LAWS ON SAFETY, ENVIRONMENT AND COMPENSATION Workshop 4 LABOUR LAWS (ACT 651, 2003; LI 1833) – HSE COMPONENTS Course Coordinator: Eric Stemn (PhD) Email: [email protected]  HISTORICAL PE...

(ES 474) LAWS ON SAFETY, ENVIRONMENT AND COMPENSATION Workshop 4 LABOUR LAWS (ACT 651, 2003; LI 1833) – HSE COMPONENTS Course Coordinator: Eric Stemn (PhD) Email: [email protected]  HISTORICAL PERSPECTIVE Labours laws in Ghana emerged partly due to Ghana’s involvement in the International Labour Organisation The ILO is an organisation of United Nations that has been in existence since 1919 Ghana joined the ILO in 1957 and has ratified 46 of its conventions Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 2  HISTORICAL PERSPECTIVE Employers Workers representatives Governments Brings of member together states ILO To set out Develop policies Promoting decent work for all men and women Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 3  HISTORICAL PERSPECTIVE FUNDAMENTAL ILO CONVENTIONS Freedom of Association Right to Organise and and Protection of the Forced labour Collective Bargaining rights to organise Convention, 1930 (No. Convention, 1949 (No. Convention, 1948 (No. 29) 98) 87) Abolition of forced Minimum Age Worst forms of Child labour Convention, Convention, 1973 (No. Labour Convention, 1975 (No. 105) 138) 1999 (No. 182) Discrimination Equal remuneration (Employment and Convention, 1951 (No. Occupation) 100) Convention, 1958 (No. 111) Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 4  LABOUR ACT – FUNDAMENTAL INFORMATION Basic Info AIMS ❖ To amend and consolidate the laws relating to labour, employers, trade unions and industrial ❖ 651st Act enacted relations by the first Parliament of ❖ To establish a National Labour Commission Ghana and to provide for matters related to these Scope of Application ❖ Applies to ALL WORKERS & EMPLOYERS, ❖ Date of assent is EXCEPT 8th October 2003 Armed forces Police service Prisons service Security Intelligence Agencies specified under Act 1996 (Act 526) Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 5  LABOUR ACT – MAJOR COMPONENTS LABOUR ACT 2003 PART XI – TRADE UNIONS AND PART XVI – LABOUR PART I – PRELIMINARY PART VI – EMPLOYMENT OF EMPLOYERS INSPECTION WOMEN ORGANISATIONS PART II – PUBLIC EMPLOYMENT CENTRES AND PART VII – EMPLOYMENT OF PART XII – COLLECTIVE PART XVII – UNFAIR LABOUR PRIVATE YOUNG PERSONS AGREEMENT PRACTICES EMPLOYMENT AGENCIES PART VIII – FAIR AND UNFAIR PART III – PROTECTION OF PART – XIII NATIONAL PART XVIII – NATIONAL TERMINATION OF EMPLOYMENT TRIPARTITE COMMITTEE LABOUR COMMISSION EMPLOYMENT PART IV – GENERAL PART IX – PROTECTION OF CONDITIONS OF PART XIV – FORCED LABOUR PART XIX – STRIKES REMUNERATION EMPLOYMENT PART X – SPECIAL PROVISIONS RELATING TO PART XV – OCCUPATIONAL PART V – EMPLOYMENT OF TEMPORARY HEALTH, SAFETY AND PART XX – MISCELLANEOUS PERSONS WITH DISABILITY WORKERS AND CASUAL ENVIRONMENT WORKERS Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 6  LABOUR ACT, 2003 [ACT 651] Section 8: Rights of employers Section 9: Duties of employers Section 10: Rights of a worker Section 11: Duties of workers Section 12: Contract of employment Section 13: Written statement of particulars of contract of employment PART III – PROTECTION OF EMPLOYMENT Section 14: Prohibition of restrictive conditions of employment Section 15: Grounds for termination of employment Section 16: Types of contract of employment Section 17: Notice of termination of employment Section 18: Remuneration on termination of employment Section 19: Exception Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 7  LABOUR LAW PART III: PROTECTION OF EMPLOYMENT Section 8: Rights of employer: Subject to this Act and any other enactment, an employer’s right include Employ a worker, Formulate policies, discipline, transfer, execute plans and promote and terminate programmes to set the employment of the targets worker Determine the type of Modify, extend or cease products to make or operations and sell and the prices of its goods and services Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 8  LABOUR LAW PART III: PROTECTION OF EMPLOYMENT Section 9: Duties of Employer The employer’s duties include: 1. Provide work and appropriate raw materials, machinery, equipment and tools; 2. Pay the agreed remuneration at the time and place agreed on in the contact of employment or collective bargaining agreement or by law or agreed between the employer and the worker; 3. Take all practicable steps to ensure that the worker is free from risk of personal injury or damage to his or her health during and in the course of the worker’s employment or while lawfully on the employer’s premises; Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 9  LABOUR LAW PART III: PROTECTION OF EMPLOYMENT Section 10: Right of a worker: Right of the worker/employee a. Work under satisfactory, b. Receive equal pay for c. Form or join a trade safe and healthy equal work without union; conditions; distinction of any kind; f. Have rest, leisure and reasonable limitation of d. Be trained and retained e. Receive information working hours and period for the development of his relevant to his or her of holidays with pay as or her skills; and work. well as remuneration for public holidays; Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 10  LABOUR LAW PART III: PROTECTION OF EMPLOYMENT Section 11: Duties of workers The duties of a worker in any contract of employment or collective agreement, include the duty to; a. Work conscientiously in the lawfully chosen occupation; b. Report for work regularly and punctually; c. Enhance productivity; d. Exercise due care in the execution of assigned work; e. Obey lawful instructions regarding the organisation and execution of his or her work; Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 11  LABOUR LAW PART III: PROTECTION OF EMPLOYMENT Section 11: Duties of workers The duties of a worker in any contract of employment or collective agreement, include the duty to; f. Take all reasonable care for the safety and health of fellow workers; g. Protect the interests of the employer; and h. Take proper care of the property of the employer entrusted to the worker or under the immediate control of the worker. Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 12  LABOUR LAW PART III: PROTECTION OF EMPLOYMENT Section 12: Contract of employment The employment of a worker by an employer for a period of six months or more or for a number of working days equivalent to six months or more within a year shall be secured by a written contract of employment A contract of employment shall express in clear terms the rights and obligations of the parties. Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 13  LABOUR LAW PART III: PROTECTION OF EMPLOYMENT Section 15 : Grounds for termination of employment: A contract of employment may be terminated a. By mutual agreement between the b. By the worker on grounds of ill- employer and the worker; treatment or sexual harassment; c. By the employer on the death of d. By the employer if the worker is the worker before the expiration of found on medical examination to be the period of employment; unfit for employment; e. By the employer because of the inability of the worker to carry out his or her work due to; i. Sickness or accident ii. The incompetence of the worker; iii. Proven misconduct of the worker Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 14  LABOUR LAW PART III: PROTECTION OF EMPLOYMENT Section 18: Remuneration on termination of employment 1. When a contract of employment is terminated in the manner stated in section 15, the employer shall pay to the worker, a) Any remuneration earned by the worker before the termination; b) Any deferred pay due to the worker before the termination; c) Any compensation due to the worker in respect of sickness or accident; and d) In the case of foreign contract, the expenses and necessaries for the journey and repatriation expenses in respect of the worker and accompanying members of his or her family in addition to any or all of the payments specified in paragraphs (a), (b) and (c) of this subsection. Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 15  LABOUR LAW PART III: PROTECTION OF EMPLOYMENT Section 18: Remuneration on termination of employment 2) The employer shall pay to the worker not later than the date of expiration of the notice all remuneration due to the worker as at that date. 3) Where no notice is required, the payment of all remuneration due shall be made not later than the next working day after the termination. 4) Either party to a contract of employment may terminate the contract without notice if that party pays to the other party a sum equal to the amount of remuneration which would have accrued to the worker during the period of the notice. Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 16  LABOUR LAW PART IV: GENERAL CONDITIONS OF EMPLOYMENT Section 20: Leave entitlement Section 21: Continuous service Section 22: Interruption of work by public holidays, sickness of worker etc. Section 23: Interruption of work by voluntary communal work, civic Sub-Part I duties and special leave. Section 24: Sick leave not part of annual leave Section 25: Leave to be uninterrupted Section 26: Employer to bear cost of leave interruption Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 17  LABOUR LAW PART I V: GENERAL CONDITIONS OF EMPLOYMENT Section 20: Leave Entitlements In any undertaking every worker is entitled to not less than fifteen working days leave with full pay in any calendar year of continuous service The expression “full pay” means the worker’s normal remuneration, without overtime payment, including the cash equivalent of any remuneration in kind Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 18  LABOUR LAW PART IV: GENERAL CONDITIONS OF EMPLOYMENT Sub-Part II – Hours of Work 33. The hours of work of a worker shall be a maximum of eight hours Maximum a day or forty hours a week except in cases expressly provided hours of for in this Act work 36: Shifts Workers may be employed in shitfs, but the average number of hours reckoned over a period of four weeks or less shall not exceed eight hours a day or forty hours a week if there is an established time-table for the shifts 38 Unpaid Notwithstanding section 35, a worker may be required to work overtime beyond the fixed hours of work without additional pay in certain exceptional circumstances including an accident threatening human lives or the very existence of the undertaking Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 19  LABOUR LAW PART IV: GENERAL CONDITIONS OF EMPLOYMENT Sub-Part II –Hours of Work (Section 35 Paid Overtime) 1. Subject to subsections (2) and (3), where a worker in an undertaking works after the hours of work fixed by the rules of that undertaking, the additional hours done shall be regarded as overtime work. 2. A worker in any such undertaking may not be required to do overtime work unless that undertaking has fixed rates of pay for overtime work. 3. A worker shall not be compelled to do overtime work except for undertakings or enterprises a) the very nature of which requires overtime in order to be viable; or b) which are subject to emergencies that require that workers engage in overtime work in order to prevent or avoid threat to life and property. Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 20  LABOUR LAW PART VI: EMPLOYMENT OF WOMEN Section 57: Maternity, annual and sick leave A woman worker, on production of a medical certificate issued by a medical practitioner or a midwife indication the expected date of her confinement, is entitled to a period of maternity leave of at least twelve weeks in addition to any period of annual leave she is entitled after her period of confinement A woman worker on maternity leave is entitled to be paid her full remuneration and other benefits to which she is otherwise entitled. The period of maternity leave may be extended for at least two additional weeks where the confinement is abnormal or where in the course of the same confinement two or more babies are born Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 21  LABOUR LAW PART XV: OCCUPATIONAL HEALTH SAFETY AND ENVIRONMENT Section 118: General Health and Safety Conditions Employer’s duties 1. It is the duty of an employer to ensure that every worker employed by him or her works under satisfactory, safe and healthy conditions 2. An employer shall; a) Provide and maintain at the workplace, plant and system of work that are safe and without risk to health a) Ensure the safety and absence of risks to health in connection with use, handling, storage and transport of articles and substances Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 22  LABOUR LAW PART XV: OCCUPATIONAL HEALTH SAFETY AND ENVIRONMENT Section 118: General Health and Safety Conditions 2. An employer shall (employer’s duty); c. Provide the necessary information, instructions, training and supervision having regard to age, literacy level and other circumstances of the workers to ensure health and safety [TRAINING & SUPERVISION] d. Take steps to prevent contamination of the workplace by and protect workers from toxic gases, vapour, dust, fumes and other substances or materials likely to cause risk to safety or health [EXPOSURE CONTROL/PREVENTION] Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 23  LABOUR LAW PART XV: OCCUPATIONAL HEALTH SAFETY AND ENVIRONMENT Section 118: General Health and Safety Conditions 2. An employer shall (employer’s duty); f. Provide separate, sufficient and suitable toilet and washing facilities and adequate facilities for the storage, changing, drying and cleansing from contamination of clothing for male and female workers [HYGIENCE] g. Provide adequate supply of clean drinking water at the workplace [DRINKING WATER] h. 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 [ACCIDENT PREVENTION] Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 24  LABOUR LAW PART XV: OCCUPATIONAL HEALTH SAFETY AND ENVIRONMENT Section 118: General Health and Safety Conditions Punishment for noncompliance 5. An employer who, without reasonable excuse, fails to discharge any of the obligations under subsection (1) or (2) commits an offence and 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. Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 25  LABOUR LAW PART XV: OCCUPATIONAL HEALTH SAFETY AND ENVIRONMENT Section 118: General Health and Safety Conditions 2. Employees’ responsibilities USE OF 3. It is the obligation of every worker to SAFETY use the safety appliances, firefighting EQUIPMENT equipment and personal protective equipment provided by the employer in compliance with the employer’s instructions PUNISHMENT 4. An employer shall not be liable for FOR injury suffered by a worker who NONCOMPLIANC E contravenes subsection (3) where the injury is caused solely by noncompliance by the worker Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 26  LABOUR LAW PART XV: OCCUPATIONAL HEALTH SAFETY AND ENVIRONMENT Section 119: Exposure to Imminent Hazards (1) When a worker finds himself or herself in any situation at the workplace which she or he has reasonable cause to believe presents an imminent and serious danger to his or her life, safety or health, the worker shall immediately report this fact to his or her immediate supervisor and remove himself or herself from the situation (2) An employer shall not dismiss or terminate the employment of a worker or withhold any remuneration of a worker who has removed himself or herself from a work situation which the worker has reason to believe presents imminent and serious danger to his or her life, safety or health (3) An employer shall not require a worker to return to work in circumstances where there is a continuing imminent and serious danger to the life, safety or health of the worker. Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 27  LABOUR LAW PART XV: OCCUPATIONAL HEALTH SAFETY AND ENVIRONMENT Section 120: Reporting of occupational accident & diseases An employer is required to 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. Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 28  LABOUR LAW PART XV: OCCUPATIONAL HEALTH SAFETY AND ENVIRONMENT Section 121: 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 Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 29 LABOUR ACT – READING ASSIGNMENT FOR DISCUSSION Considering what we have discussed so far, what are the advantages (strengths and opportunities) and disadvantages Strengths Weaknesses (weaknesses and threats) of the Labour Act?? We will discuss this on Wed July 27, 2022 together with the Opportunitie Threats reading assignment on statutes s and common laws Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 30  (ES 474) LAWS ON SAFETY, ENVIRONMENT AND COMPENSATION Workshop 4a LABOUR REGULATIONS, 2007 [ LI 1833] Course Coordinator: Eric Stemn (PhD) Email: [email protected]  ARRANGEMENT OF REGULATIONS Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 32  Ensuring the health and safety of employees by providing appropriate safeguard measures OCCUPATION AL HEALTH Reporting accidents and/or AND SAFETY diseases to the appropriate AT WORK authorities Safe business environment and safe business operations Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 33 18. OCCUPATIONAL HEALTH AND SAFETY AT WORK (1) An employer shall take appropriate measures to safeguard the health and safety of employees (2) An employer of business premises where: (a) an occupational accident or disease occurs, or (b) an employees dies or is incapacitated from work as a result of an accident or disease Shall report to the Chief Labour Officer or the Inspector of Factories if the accident or disease occurs during or in the course of the employment of the employee (3) An employer shall ensure that the business environment is not rendered unsafe by the business operations Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 34  19. MEDICAL EXAMINATION OF WORKERS Pre-employment medical examination (1) 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 (2) An employee who works in hazardous situations such as a contact with fumes and gaseous substances shall undergo a periodic medical examination once a year Wednesday, 27 July 2022 Eric Stemn (PhD), UMaT - Tarkwa 35