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Ghana - Minimum Wages - 2011


LAST UPDATE

10 October 2011.

SOURCES


Name of Act

Labour Act 2003, Act No. 651, Official Gazette 2003 10-10 pp. 1-69

Name of Act

Communiqué on the 2009 National Daily Minimum Wage, dated 3 April 2009

Name of Act

Labour Regulations, 21/11/2007

Name of Act

Free Zone Act, 1995, No. 504 of 1995, Official Gazette, 1995

LEGAL DEFINITIONS


Employee/worker

Worker means a person employed under a contract of employment whether on a continuous, part-time, temporary or casual basis.
Labour Act §175

Employer

Employer means any person who employs a worker under a contract of employment.
Labour Act §175

Wage

"remuneration" includes the basic or minium wage or salary and any addtitional emoluments payable directly or indirectly by the employer to the worker on account of the worker’s employment.
Labour Act §175

MINIMUM WAGE FIXING


Procedure


Minimum wages set directly by tripartite negotiations

There is hereby established a National Tripartite Committee which shall be composed of:
(a) the Minister who shall be the chairperson;
(b) five representative of the Government;
(c) five representative of employers’ organization; and
(d) five representative of organized labour.

(1) The National Tripartite Committee shall
(a) determine the national daily minimum wage.
(2) The Minister shall publish in the Gazette and in such public media as the Minister may determine, a notice of the national daily minimum wage determined under subsection (1).
Labour Act §112, 113(1)a)(2)
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Minimum wage set through decentralized collective bargaining

Minimum wage rates may also be set in collective agreements as long as these rates are higher than the national daily minimum wage. If the Chief Labour Officer considers that the terms of a collective agreement are suitable for application to a class of employees who are engaged in the same type of work, or who work in the same area, as the employees to whom the collective agreement applies, and that the parties to the collective agreement were sufficiently representative of the employees to whom it is proposed to apply, an order to extend the collective agreement may be made. A notice must be published in the Official Gazette at least three months prior to the agreement being extended.
Labour Act §98(c), 109

Coverage


Excluded categories


» Sectors

This Act applies to all workers and to all employers except the Armed Forces, the Police Service, the Prison Service and the Security and Intelligence Agencies specified under the Security and Interlligence Agencies Act 1996 (Act 526).
Labour Act §1

Specific minimum wage rates


» Specific minimum wage by occupation

No

» Specific minimum wage by sector

No

» Specific minimum wage by region

In general, the minimum wage rate applies to all of Ghana, however, according to the Free Zones Act, employers in these zones are free to negotiate and establish contracts of employment including wage levels, that are consistent with ILO conventions, rather than national legislation.
Free Zone Act §34(i)

» Minimum wage levels for specific categories of workers


» Disabled

The Minister of Labour may issue a permit excluding a person affected by some type of infirmity, physical injury or disablement, from the legislative provisions concerning minimum wage.
Labour Regulations § 18

Level


Minimum wage level(s) in national currency

2.25 cedis per day (31 December 2008)
2.655 cedis per day (from 1 April 2009)
Communique on the 2009 National Daily Minimum Wage

Last minimum wage update

3 April 2009
Communique on the 2009 National Daily Minimum Wage

In-kind allowances

No relevant legislation has been identified.

Rate of payment


» Daily

The minimum wage is established as a daily minimum wage.

Scheduled frequency of adjustment

The legislation does not set forth how frequently minimum wage rates should be adjusted.

Enforcement mechanisms


Labour inspection

There shall be carried out inspection to
(a) secure the enforcement of the provisions of this Act relation to conditions of work and the protection of workers at their workplaces, including the provisions relating to hours of work, wages, safety, health and welfare of the workers and the employment of young persons.

An inspector has power to
(e) require the production of any books, registers or other documents which relate to the terms and conditions of employment of the workers, in order to ascertain that these are in conformity with this Act and Regulations made under it and to copy the documents or make extracts from them.
Labour Act §§ 122(1)a), 124(1)e)

Fines in national currency for non-respect of legislation

Any person who willfully obstructs a labour inspector in the performance of his or her fucntions under this Act commits an offence, and is liable on summary conviction to a fine not exceeding 250 penalty units or to imprisionment not exceeding 12 months or both.
Labour Act §126

Results generated on: 24th October 2014 at 18:53:31.
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