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Ghana
 


Source and scope of regulations - 2013    

References
  • Labour Act [LA], Act No. 651 of 2003
    (in force since 31 March 2004)
    Date: 08 Oct 2003; view website » (view in NATLEX »)
  • Labour Regulations, 2007 (L.I. 1833)
    (in force since 31 July 2007)
    Date: 28 May 2007 (view in NATLEX »)
Scope
Size of enterprises excluded (≤): none
Workers' categories excluded: police; army; prison staff; state security corps

Types of employment contracts - 2013    

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Maximum probationary (trial) period: no limitation

Fixed term contract (FTC):
  • FTC regulated: No
  • Valid reasons for FTC use: no limitation
  • Maximum number of successive FTCs: no limitation
  • Maximum cumulative duration of successive FTCs: no limitation

Notes / Remarks
The Labour Act does not refer to any specific legal regime for the use of fixed-term contract.
Only temporary and casual workers are regulated by special provisions (art. 73 to 78 LA)

Substantive requirements for dismissals (justified and prohibited grounds) - 2013    

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Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons

Prohibited grounds: pregnancy; maternity leave; filing a complaint against the employer; temporary work injury or illness; race; colour; sex; religion; political opinion; social origin; trade union membership and activities; disability; financial status; ethnic origin

Workers enjoying special protection:

Procedural requirements for individual dismissals - 2013    

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Notification to the worker to be dismissed: written

Notice period:
    • tenure ≥ 6 months
      • 2 week(s).
    • tenure ≥ 9 months
      • 2 week(s).
    • tenure ≥ 2 years
      • 2 week(s).
    • tenure ≥ 4 years
      • 1 month(s).
    • tenure ≥ 5 years
      • 1 month(s).
    • tenure ≥ 10 years
      • 1 month(s).
    • tenure ≥ 20 years
      • 1 month(s).

    Pay in lieu of notice: Yes

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2013    

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    Definition of collective dismissal (number of employees concerned):
    No legal definition. The LA refers to "the introduction of major changes in production, programme, organization, structure or technology of an undertaking that are likely to entail terminations of employment of workers in the undertaking".

    Prior consultations with trade unions (workers' representatives): Yes

    Notification to the public administration: Yes

    Notification to workers' representatives: Yes

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Priority rules for collective dismissals (social considerations, age, job tenure): No

    Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

    Priority rules for re-employment: No

    Severance pay and redundancy payment - 2013    

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    Severance pay:
    • tenure ≥ 6 months: 0 month(s)
    • tenure ≥ 9 months: 0 month(s)
    • tenure ≥ 1 year: 0 month(s)
    • tenure ≥ 2 years: 0 month(s)
    • tenure ≥ 4 years: 0 month(s)
    • tenure ≥ 5 years: 0 month(s)
    • tenure ≥ 10 years: 0 month(s)
    • tenure ≥ 20 years: 0 month(s)
    Redundancy payment:
    • tenure ≥ 6 months: 0 month(s)
    • tenure ≥ 9 months: 0 month(s)
    • tenure ≥ 1 year: 0 month(s)
    • tenure ≥ 2 years: 0 month(s)
    • tenure ≥ 4 years: 0 month(s)
    • tenure ≥ 5 years: 0 month(s)
    • tenure ≥ 10 years: 0 month(s)
    • tenure ≥ 20 years: 0 month(s)

    Notes / Remarks
    1) Individual dismissals (not based on economic reasons): no severance pay.
    2) Economic dismissals: redundancy payment subject to negotiation between the employer and the worker or the trade union concerned. (Art. 65 (4) LA)

    Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2013    

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    Compensation for unfair dismissal - free determination by court: Yes

    Reinstatement available: Yes

    Preliminary mandatory conciliation: No

    Competent court(s) / tribunal(s): labour court

    Existing arbitration: Yes

    % of dismissals out of the total number of disputes: 51.7 %

    Source of additional information - 2013    

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    Links

    Former ILO termination of employment legislation digest - Ghana country profile (last updated in 2007) »

    National Labour Commission website »
    Labour legislation, arbitration awards and NLC annual reports available.