Trade Unions

Freedom to Join and Form a Union

The Constitution provides freedom of association to the citizens for the protection of their interests.

Labour Act defines a trade union as any association of workers, the principal purposes of which are to promote and protect their economic and social interests. The Labour Act allows workers and employers to establish and join unions. Moreover, workers are allowed to participate in union activities outside of working hours.

Two or more workers employed in the same undertaking may form a union, and two or more employers (each employing at least 15 workers) in the same industry or trade may form or join an employers’ organization.

The trade union has the right to: - draw up its constitution and rules - elect its officers and representatives - organize their internal administration and activities - formulate their own programmes to support member’s rights and wellfare - affiliate to and participate in the activities of international workers’ organisations. - these unions can take part in the formulation, and become a member of any federation of trade unions or employers’ organization and participate in its lawful activities.

A trade union has to apply in writing to the Chief Labour Officer to get registered. The application must include the constitution, rules, name of officers and office address of the trade union. If everything is in order, the Chief Labour Officer issues a certificate of registration.

The rules or constitution of a trade union includes;

• the name of the organisation;
• the registered office to which correspondence notice may be addressed;
• the principal objectives of the trade union;
• the qualifications for membership;
• the grounds on which an officer or a member may be suspended or dismissed from office or membership;
• the procedure for suspension or dismissal of an officer or a member;
• the membership fees and other subscription payable;
• the manner of dissolution of the trade union and disposal of its assets;
• the manner of altering, amending or revoking its constitution or rules;
• the power, function and duties of officers of the trade union.

A trade union or employers' organization is prohibited to discriminate in its constitution or rules against any person on grounds of race, place of origin, political opinion, colour, religion, creed, gender or disability.

Sources: §21(e) and 24 of the Constitution of Ghana 1992, with Amendments through 1996; §79-95 & 131 of the Labour Act 2003 (Act 651)

Freedom of Collective Bargaining

The Labour Act allows for collective bargaining in all enterprises. A collective agreement set out the terms and conditions of employment of workers. It is negotiatied between one or more trade unions and representatives of one or more employers or employers’ organizations.

Collective bargaining takes place in good faith between the parties. The resulting agreement may include provisions on: - The class or category of workers covered - Conditions of work (e.g. hours of work, rest periods, meal breaks, leave entitlements, and occupational health and safety) - Wages and how they are calculated - Probation periods and conditions - Notice periods for termination, transfer, and disciplinary action - Procedures for handling disputes under the agreement - Principles matching remuneration with productivity

A trade union that wishes to negotiate on behalf of a group of workers must apply for a collective bargaining certificate from the Chief Labour Officer. The application should describe the class of workers represented and the estimated number of union members in that category.

A collective bargaining certificate is issued to a union for the same class of workers at a particular time. The Chief Labour Officer determines which union may hold the collective bargaining certificate. The Officer may, after consultation with the trade union, amend the certificate to cover other class(s) of workers.

The withdrawal of a certificate appointing a trade union does not affect the validity of a collective agreement made by the trade union before the certificate was withdrawn. But any collective agreement which is made by another trade union after withdrawal of the certificate has effect notwithstanding anything in the previous agreement.

After the negotiation, the trade union must inform workers of the agreed terms in the collective agreement. The concluded agreement must be written and signed by a duly authorised representatives of each party. Two copies of the agreement are submitted to the Labour Commission and the Chief Labour Officer for registration.

Collective bargaining agreements must last at least one year, and they must contain a provision for a final and conclusive settlement of any disputes between parties to whom the agreement applies, using the provision of the Labour Act for such settlement. If a notice is not given by either party within thirty days after the expiration of the collective agreement (in order to start negotiations), the collective agreement remains in force until either party formally terminates it.

The Labour Act provides for a National Tripartite Committee composed of an equal number of representatives from workers, employers and government groups. It is headed by the Minister who acts as the chairperson of the committee.

This Committee performs several important functions include: - determines the national daily minimum wage; - advises on employment and labour market issues, including labour laws, international labour standards, industrial relations and occupational safety and health; - consults with partners in the labour market on matters of social and economic importance; and - perform such other functions as the Minister may request for the promotion of employment development and peace in the labour sector.

The National Tripartite Committee may set up its subcommittees in such Regions and Districts to help fulfil its functions, and the Ministry should provide a subcommittee with such secretarial services as the subcommittee may require.

Sources: §96-115 of the Labour Act 2003 (Act 651)

Right to Strike

The right to strike is recognized by law; however, this right is strictly regulated.

Strike means any action by two or more workers acting together, with the intent to restrict in any way the service they normally provide to the employer or diminish the output of such service with a view to applying coercive pressure upon the employer and includes sympathy strike and those activities commonly called a work-to-rule, a go slow or a sit-down strike.

Workers engaged in essential services are not allowed to strike. These services are considered critical to public safety and national interest. The list of essential services includes: - water supply services, - electricity generation, - transmission and distribution services, - health and hospital services, - sanitary services, - air traffic control, - meteorological services, - fire services, - air transport services, - supply and distribution of fuel, petrol, power and light, - telecommunications services, - public transport services, - ports and harbours services, - bank of Ghana.

The Labour Act prohibits the employer from dismissing or replacing the worker participating in a lawful strike.

Sources: §163 & 170 of the Labour Act (651) of 2003; §20 of the Labour regulations, 2007