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Employment Security

Written Employment Particulars

Ghanaian Labour Law requires that contract of employment should be provided in writing for workers employed for six months or longer periods.

This written statement must include information about the worker and employer, date of appointment, job title, wage rate and payment interval, work hours, overtime payment, annual leave, conditions relating to incapacity for work due to injury or sickness, length of termination notice required by the worker and employer and details of social security or pension scheme.

 The written statement of particulars (containing main terms and conditions of employment) should be provided to a worker within two months of the commencement of employment. The contract must be signed by both parties and dated. A contract of employment for a casual worker may not be written; but casual workers have the right to minimum wage for each working day, overtime and medical facilities. Temporary workers are entitled to the Labour Act’s minima in respect of minimum wage, hours of work, rest periods, paid public holidays, night work and sick leave, irrespective of whatever terms agreed by the parties.

Sources: § 12-13, 74-75 & Schedule I of the Labour Act 2003 (Act 651)

Fixed Term Contracts

Ghanaian Labour Law allows hiring fixed term contract workers for tasks of permanent nature. The Labour Act does not refer to any specific legal regime for the use of fixed-term contracts. There is no mention of the maximum duration (including renewals) of the fixed term contracts. However, temporary and casual employments are regulated by special provisions. Temporary worker is a worker who is employed for a continuous period of at least one month and is not a permanent worker or employed for a work that is seasonal in character; while casual worker is a worker engaged on a work which is seasonal or intermittent and not for a continuous period of more than 6 months and whose remuneration is calculated on a daily basis. A temporary worker who is employed by the same employer for a continuous period of six months and more is treated as a permanent worker.

Sources: § 73-78 of the Labour Act 2003 (Act 651)

Probation Period

There is no explicit provision in the Labour Act about maximum duration of probation period.  The Labour Act refers to a "reasonable duration determined in advance". Probationary period and conditions of probation are generally provided in collective agreements. Where, as a condition for the engagement of an employee, a contract of employment requires probation, the employment contract has to specify the duration of the probation for the employee.

 

Sources: § 66(b) & 98(d) of the Labour Act 2003 (Act 651); Regulation 5 of Labour Regulations 2007 (LI 1833)

Regulations on Employment Security

  • Labour Act, 2003
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