Labour Act, 2003 Act 651 - IHRMP Ghana
Labour Act, 2003Act 651ARRANGEMENT OF SECTIONSSectionPART I-PRELIMINARY 1.Scope of applicationPART II-PUBLIC EMPLOYMENT CENTRES ANDPRIVATE EMPLOYMENT AGENCIES2. Establishment of Public Employment Centres and registration of privateemployment agencies3. Functions of the Centres4. Registration of unemployed persons5. Employment through Centres or Agencies6. Employment data7. Private Employment AgenciesPART III-PROTECTION OF EMPLOYMENT8. Rights of employers9. Duties of employers10. Rights of a worker11. Duties of workers12. Contract of employment13. Written statement of particulars of contract of employment14. Prohibition ofrestrictive conditions of employment15. Grounds for termination of employment16. Types of contract of employment17. Notice of termination of employment18. Remuneration on termination of employment19. ExceptionPART IV-GENERAL CONDITIONS OF EMPLOYMENTSub-Part I-Annual leave with pay20. Leave entitlement21. Continuous service22. Interruption of work by public holidays, sickness of worker etc.23. Interruption of work by voluntary communal work, civic duties andspecial leave.24. Sick leave not part of annual leave25. Leave to be uninterrupted26. Employer to bear cost of leave interruption
Act 651Labour Act, 2003Act 651Labour Act, 2003PART VII-EMPLOYMENT OF YOUNG PERSONS27. Record of employment, leave28. Worker may take leave in two equal parts29. Leave entitlement to be restored to suspended worker on reinstatement30. Termination of employment not to affect leave entitlement earned31. Agreement to forgo leave to be void32. Sub-Part not applicable to family concerns58. Prohibition of employment of young persons in hazardous work59. Health of young persons60. Registration of young persons61. InterpretationPART VIII-FAIR AND UNFAIR TERMINATION OFSub-Part II-Hours of workEMPLOYMENT62. Fair termination63. Unfair termination of employment64. Remedies for unfair termination 65.Redundancy66. Exceptions33. Maximum hours of work34. Different hours of work35. Paid Overtime36. Shifts37. Manuallabourers38. Unpaid overtime39. Commencement and dosing of workP ART IX-PROTECTION OF REMUNERATIONSub-Part III-Rest periods40. Undertakings to which this Sub-Part applies 41.Daily rest period42. Weekly rest period43. Rest periods not to include public holidays 44.ExceptionsPART V-EMPLOYMENT OF PERSONS WITH DISABILITY45. Registration of persons with disability46. Special Incentives47. Notification of employment of persons with disability48. Particulars of contract of employment49. Persons with disability in public service posts50. Employment not to cease upon disablement51. Length of notice of termination52. Transfer of persons with disability53. Training54. Part to be read as one with other relevant enactmentsPART VI-EMPLOYMENT OF WOMEN55. Night work or overtime by pregnant women56. Prohibition of assignment of pregnant women 57.Maternity, annual and sick leave267. Payment of remuneration68. Equal pay for equal work69. Prohibited deductions70. Permitted deductions71. Employer not to compel workers to use its store7L Paid public holidaysP ART X-SPECIAL PROVISIONS RELATING TO TEMPORARYWORKERSAND CASUAL WORKERS73. Right to employ and application of this Part74. Casual worker75. Temporary worker76. Remuneration of temporary and casual workers77. Payment of remuneration for public holidays GANISATIONS79. Freedom of Association80. Formation of trade union or employers' organisation81. Organisational rights82. Independence of trade unions and employers organisations 83.Application for registration84. Certificate of registration3
Act 651Labour Act, 200385. Rules of trade unions and employers' organisations86. Register of trade unions and employers' organisations87. Protection against discrimination88. Effect of registration89. Change of Name90. Amalgamation91. Registration of change of name and amalgamation 92.Alteration of rules93. Federation94. Accounts and audit95. Audited financial statementsPART XII-COLLECTIVE AGREEMENT96. Collective agreement97. Duty to negotiate in good faith98. Contents of collective agreement99. Collective bargaining certificate100. Variation of certificate101. Negotiating committees102. Negotiations by negotiating committee or joint negotiating committee103. Negotiations may be conducted by a union officer or member104. Failure to negotiate105. Effect of collective agreement106. Notice of collective agreement to workers107. Duration of collective agreements108. Provision for dispute settlement109. Power to extend collective agreements110. Effect of extension of collective agreements111. Union duesPART-XIII NATIONAL TRIPARTITE COMMITTEE112. Establishment of National Tripartite Committee113. Functions of the National Tripartite Committee114. Meetings of the National Tripartite Committee115. Regional and District Tripartite CommitteesPART XIV-FORCED LABOUR116. Prohibition of forced labour 117.Interpretation of "forced labour"4Labour Act, 2003Act 651PART XV-OCCUPATIONAL HEALTH, SAFETY AND ENVIRONMENT118. General health and safety conditions119. Exposure to imminent hazards120. Employer to report occupational accidents and diseases 121.Specific measuresPARTXVI-LABOURINSPECTION122. Labour inspection123. Appointment of inspectors124. Powers of labour inspectors125. Inspectors to maintain confidentiality126. Obstruction of inspectorsP ART XVII-UNFAIR LABOUR PRACTICES127. Discrimination128. Interference by employers in union affairs129. Employer to facilitate workers trade union business130. Interference that causes financial loss131. Union activities during working hours132. ComplaintsPART XVIII-NATIONAL LABOUR COMMISSIONSub-Part I-Establishment and Functions of the National LabourCommission135. Establishment of Commission136. Composition of the Commission137. Qualification of chairperson and other members of the Commission138. Functions and independence of the Commission139. Powers of the Commission140. Meetings of the Commission141. Committees of the Commission142. Allowances for members of the Commission143. Tenure of office of members144. Regional and District Committees of the Commission145. Functions of a Regional or District Committee146. Meetings of a Regional or a District Committee147. Secretariat for the Commission5
Act 651Labour Act, 2003148. Expenditure of the Commission149. Accounts and audit150. Reports from Regional and District Labour Committees 151.Annual reports of the Commission152. Regulations by the CommissionSub-Part II-Settlement of industrial disputes153. Settlement by negotiation154. Mediation155. List of mediators and arbitrators156. Appointment of arbitrators157. Voluntary arbitration158. Arbitration award159. Notice of intention to resort to strike or lockout160. Strike and lockout.161. Cooling-off period162. Essential services163. Prohibition of strike or lockout in respect of essential services164. Compulsory reference to arbitration165. Powers of arbitrators166. Vacancy in arbitration panel167. Publication of compulsory arbitration award and effect of arbitrationawards on existing employment contractsP ART XIX-STRIKES168. Illegal strike and lockout169. Legal effect of lawful strike or lockout170. Temporary replacement of labour171. PicketingPART XX-MISCELLANEOUS172. Enforcement of orders of the Commission173. Offences by body of persons174. Regulations175. Interpretation176. Modification of existing enactments177. Repeals and amendment178. Savings and transitional provisions179. CommencementSCHEDULES6THE SIX HUNDRED AND FIFTY-FIRSTACTOF THE PARLIAMENT OF THE REPUBLICOF GHANAENTITLED LABOUR ACT, 2003AN ACT to amend and consolidate the laws relating to labour, employers,trade unions and industrial relations; to establish a National LabourCommission and to provide for matters related to these.DATE OF ASSENT: 8th October, 2003.BE IT ENACTED by Parliament as follows:PART I-PRELIMINARYScope of application1. This Act applies to all workers and to all employers except the ArmedForces, the Police Service, the Prison Service and the Security andIntelligence Agencies specified under the Security and Intelligence AgenciesAct 1996 (Act 526).PART II-PUBLIC EMPLOYMENT CENTRES ANDFEE-CHARGING EMPLOYMENT AGENCIES Establishment ofPublic Employment Centres and registration of privateemployment agencies2. (1) The Minister shall by Executive Instrument establish Public Employment Centres for the discharge of the functions stated in section 3.(2) A Centre established under subsection (1) is answerable to theMinister.7
Act 651Labour Act, 2003Functions of the Centres3. Each Centre shall(a) assist unemployed and employed persons to find suitable employment and assist employers to find suitable workers fromamong such persons;(b) take appropriate measures to(i) facilitate occupational mobility with a view to adjusting the supply of labour to employment opportunitiesin the various occupations;(ii) facilitate geographical mobility with a view to assistingthe movement of unemployed and employed personsto areas with suitable employment opportunities; and(iii) facilitate temporary transfers of unemployed and employed persons from one place to another as a meansof meeting temporary local maladjustment in the supply of or demand for unemployed persons;(c) assist in social and economic planning by providing labourmarket information to stakeholders to ensure a favourable employment situation;(d) provide vocational guidance facilities to young persons;(e) provide arrangements for the registration, employment, training and retraining of persons with disability; and(f) provide arrangements for the registration of employed and unemployed persons(i) with recognised technical, vocational or professionalqualifications or those without these qualifications buthave had experience of a level higher than that of anartisan;(ii) who are of the level of supervisors or foremen;(iii) with e perience at administrative, managerial or seniorexecutive levels; and(iv) who have received training at the tertiary level.Registration of unemployed persons4. (1) An unemployed person may make an application in the prescribedform to the appropriate Centre for registration in the appropriate register.(2) On receipt of the application, the officer in charge of the Centreshall enter the particulars of the application in the appropriate register andissue to the applicant a certificate of registration in the prescribed form.8Labour Act, 2003Act 561Employment through Centres or Agencies5. An employer may employ any worker either through a Centre or aPrivate Employment Agency.Employment data6. (l) The Chief Labour Officer or an officer authorised by the ChiefLabour Officer shall, submit to every employer a questionnaire relating toemployment of workers by the employer within the respective Centre.(2) The employer shall complete and return the questionnaire to theChief Labour Officer or the authorised officer within fourteen days after theexpiry of every three months./(3) Where an employer fails or refuses to complete and return thequestionnaire as required under subsection (2) the Chief Labour Officer shalldirect the employer to do so within a specified time, and the employer shallcomply with the direction.Private Employment Agencies7. (1)A person shall not establish or operate a Private EmploymentAgency unless that person is a corporate body, has applied to, and has beengranted a licence by, the Minister.(2) A licence granted by the Minister under subsection (l) shall, subjectto the terms and conditions stipulated in the licence, be valid for a period oftwelve months.(3) The licence of an Agency may be renewed for a period of twelvemonths upon application made to the Minister.( 4) There shall be paid by an Agency for the issue or renewal of thelicence such fee as the Minister may by legislative instrument prescribe.(5) An Agency may recruit workers for employment in a countryoutside Ghana if it is authorised to do so under its licence and if there existsan agreement between the Government and that other country.(6) An Agency shall submit to the Minister not later than fourteen daysafter the end of every three months returns in respect of workers recruited foremployment, whether in Ghana or outside Ghana, during that period.(7) An Agency shall refund fifty percent of the fees paid by a client tothe Agency, if the the Agency is unable to secure ajob placement for theclient after the expiration of three months.(8) The Minister shall revoke the licence of any Agency that fails tocomply with subsection (6).9
Act 651Labour Act, 2003PART III-PROTECTION OF EMPLOYMENTRights of employer8. Subject to this Act and any other enactment, the rights of an employerinclude the right to(a) employ a worker, discipline, transfer, promote and terminatethe employment of the worker;(b) formulate policies, execute plans and programmes to settargets; (c) modify, extend or cease operations; and(d) determine the type of products to make or sell and the prices ofits goods and services.Duties of employers9. Without prejudice to the provisions of this Act and any other enactmentfor the time being in force, in any contract of employment or collectiveagreement, the duties of an employer include the duty to(a) provide work and appropriate raw materials, machinery,equipmentand tools;(b) pay the agreed remuneration at the time and place agreed on inthe contract of employment or collective agreement or by custom without any deduction except deduction permitted by lawor agreed between the employer and the worker;(c) take all practicable steps to ensure that the worker is free fromrisk of personal injury or damage to his or her health duringand in the course of the worker's employment or while lawfullyon the employer's premises;(d) develop the human resources by way of training and retrainingof the workers;(e) provide and ensure the operation of an adequate procedure fordiscipline of the workers;(j) furnish the worker with a copy of t
Act 651 Labour Act, 2003 Labour Act, 2003 Act 561 Functions of the Centres 3. Each Centre shall (a) assist unemployed and employed persons to find suitable em ployment and assist employers to find suitable workers from among such persons; (b) take appropriate measures to (i) facilitate occupational mobility with a view to adjust
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