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PART XX – MISCELLANEOUS PROVISIONS
Enforcement of orders of the Commission Where any person fails or refuses to comply with a direction or an order issued by the Commission under this Act the Commission shall make an application to the High Court for an order to compel that person to comply with the direction or order. Offences by body of persons (1) Where an offence under this Act is committed by a body of persons, the following provision shall have effect.
Regulations Subject to the provision of this Act, the Minister may make regulations,
In this Act, unless the context otherwise requires, “arbitrator” includes a panel of arbitrators; “Centre” means a Public Employment Centre established under section 2 of this Act; “Commission” means the National Labour Commission established under section 135 of this Act; ‘’contract of employment means a contract of service whether express or implied, and if express whether oral or in writing; ‘’District Committee” means a District Labour Committee of the Commission; “domestic worker” means a person who is not a member of the family of a person who employs him or her as househelp” “employer” means any person who employs a worker under a contract of employment; “employers’ organization” means any organization of employers established by employers the principal purposes of which are the representation and promotion of employers’ interests and the regulation f relations between employers and workers and which is registered under section 84 of the Act; “essential services” includes areas in an establishment where an action could result in a particular or total loss of life or pose a danger to public health and safety and such other services as the Minister may be legislative instrument determine; “industrial dispute” means any dispute between an employer and one or more workers or between workers and workers which relates to the terms and conditions of employment, the physical condition in which workers are required to work, the employment and non-employment or termination or suspension of employment of one or more workers and the social and economic interests, of the workers but does not include any matter concerning the interpretation of this Act, a collective agreement or contract of employment or any matter which by agreement between the parties to a collective agreement or contract of employment does not give cause for industrial action or lockout; “lockout” means the closing of a workplace, the suspension of work by an employer or refusal by an employer to employ or re-engage any number of his or her workers, in consequence of an industrial dispute; “manual labour” means any work performed by hands or physical labour; “medical practitioner” means a medical practitioner registered under the Medical and Dental Decree, 1972 (NRCD 91) or any other law for the time being in force; “midwife” means a midwife registered under the Nurses and Midwifes Decree, 1972 (NRCD and does not include a Traditional Births Attendants; “Minister” means the Minister assigned responsibility for Labour’ “person with disability” means an individual who, on account of injury, disease or congenital deformity, is substantially handicapped in obtaining or keeping employment or in engaging, in any work on his or her own account, of a kind which apart from that injury, disease or deformity would be suited to his or her age, experience and qualification “picketing” means the action whereby workers outside a place of work intend to persuade other workers not to enter the place of employment during labour unrest; “Private Employment Agency” means any body corporate which acts as an intermediary for the purpose of procuring employment for a worker or recruiting a worker for an employer; “Regional Committee” mean a Regional Labour Committee of the Commission; “remuneration” includes the basic or minimum wage or salary and any additional emoluments payable directly or indirectly by the employer to the worker on account of the worker’s employment; “repatriation expenses” includes –
“standing joint negotiation committee” means a body consisting of representatives of two or more trade unions and one or more trade unions and employer’s representatives established for purposes of collective bargaining and is authorized by or on behalf of those trade unions and employers’ representatives to enter into collective agreements on their behalf; “strike” means any action by two or more workers acting in concert which is intended by them 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; “task worker” means a person who perform a piece of work for a fee; “trade union” means any association of workers the principal purposes of which are to promote and protect their economic and social interests and which is registered under section 84 of this Act and includes a federation of trade unions registered under this Act; “undertaking” includes the business of any employer’ “worker” means a person employed under a contract of employment whether on a continuous, part-time, temporary or casual basis; “workplace” includes any place where a worker needs to be or to go by reason of his or her work which is under the direct or indirect control of the worker; “young person” means a person of or above 18 years of age but below 21 years. Modification of existing enactments The provisions of any enactment of relevance to this Act in existence before the coming into force of this Act shall have effect subject to such modifications as are necessary to give effect to this , and to the extent that the provisions of any of such enactment is inconsistent with this Act, the provisions of this Act shall prevail. Repeals and amendment The enactments specified in Schedule III to this Act are repealed. The enactment specified in the first column of Schedule IV to this Act is amended in the manner specified in the second column. Savings and transitional provision Notwithstanding the repeal of the enactments specified in Schedule III, and statutory instrument made under those enactments and in force immediately before the commencement of this Act are continued in force until amended, revoked or otherwise dealt with under this Act. The Trades Union Congress and the trade unions (whether affiliated to the Trade Union Congress or not) which are in existence immediately before the commencement of this Act shall not be required to apply for registration by reason only of the coming into force of this Act. Upon the coming into force of this Act and until the National Tripartite Committee provided for under section 110 is composed, the administrative arrangement in existence on national tripartite committee shall continue to operate. Commencement This Act shall come into force on such date as the Minister shall by Executive Instrument appoint. SCHEDULE 1 (Section 13) WRITTEN STATEMENT OF PARTICULARS OF CONTRACT OF EMPLOYMENT 1. Name of employer……………………………………………………………… 2. Name of employee……………………………………………………………… 3. Date of first appointment………………………………………………………… 4. You are employed as (job title or grade)……………………………………… 5. Your rate, method and intervals of pay is……………………………………… 6. Your hours of work are…………………………………………………………… 7. Your periods of holidays and details of holiday pay are……………………… 8. The conditions relating to incapacity to work due to sickness or injury and the details of sick pay, if any, are……………………………………………… 9. Details of social security or pension scheme………………………………… 10. Amount of notice to terminate employment to be given by:………………… (a) the employer……………………………………………………………… (b) the worker………………………………………………………………… 11. The disciplinary rules applicable to you are…………………………………… 12. The procedure for dealing with any grievances or dispute is ……………… 13. Overtime payment, if any………………………………………………………… Date……………………………… Signature of employer Signature of worker SCHEDULE II (Section 111(1)) FORM OF NOTICE TO EMPLOYER TO……………………………………………………………………………………… (Name of employer) On behalf of the ………………………………………….. trade union, I request you to deduct from the wages of your employees covered by the certificate issued under section 99 of the Labour Act 2003,…………………….………………….. cedis monthly in discharge of their trade union dues and to pay the amount to such account as may be directed by the Chief Labour Officer. This notice does not apply to wages payable by any employer within 7 days of the receipt of the notice. (Name) ……………………………………………… Signature ……………………………………………… Title of officer ……………………………………………… List of members SCHEDULE III (Section 175 (1)) ENACTMENT REPEALED The Conspiracy and Protection of Property (Trade Disputes) (Cap 90) The Trade Unions Ordinance (Cap 91) The Trade Unions (Amendment) Ordinance, 1953 (No. 19) The Trade Unions (Amendment) Decree, 1966 (NLCD 110) The Trade Disputes (Arbitration and Inquiry) (Cap 93) The Industrial Relations Act, 1965 (Act 299) The Industrial Relations Act, 1965 (Amendment) Decree, 1967 (NLCD189) The Industrial Relations (Amendment) Decree, 1972 (NRCD 22) The Labour (Amendment) Decree, 1967 (NLCD 212) The Labour (Amendment) Decree, 1969 (NLCD 331) The Labour (Amendment) Decree, 1969 (NLCD 342) The Labour (Amendment) Decree, 1973 (NLCD 368) The Labour (Amendment) Decree, 1976 (NLCD 150) The Labour (Amendment) Decree, 1976 (NLCD 212) The Public Service (Negotiation Committee) Law, 1992 (PNDCL 309) SCHEDULE IV (Section 175 (2)) ENACTMENT AMENDED Column 1 Column 2 Enactment How affected Children’s Act, 1998 (Act 560) Section 93 is amended by the deletion of the words “and young person” wherever they occur. Section 95 (1) is amended by the deletion of the words “and young person” Section 124 is amended by the deletion of the definition of “young person”. More Articles in Ghana Labour Laws |
