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Ghana

Section 7. Worker Rights

e. Acceptable Conditions of Work

A national tripartite committee composed of representatives of the government, labor, and employers set a minimum wage. The minimum wage exceeded the government’s poverty line. Many companies did not comply with the law. The maximum workweek is 40 hours, with a break of at least 48 consecutive hours every seven days. Workers are entitled to at least 15 working days of leave with full pay in a calendar year of continuous service or after having worked at least 200 days in a particular year. These provisions, however, did not apply to piece workers, domestic workers in private homes, or others working in the informal sector. The law does not prescribe overtime rates and does not prohibit excessive compulsory overtime. Penalties for violations of minimum wage laws were not commensurate with those for similar crimes, such as fraud.

The government sets industry-appropriate occupational safety and health regulations. By law workers can remove themselves from situations that endanger their health or safety without jeopardy to their employment. This legislation covers only workers in the formal sector, which employed approximately 10 percent of the labor force. Few workers felt free to exercise this right. Employers were fined in cases of negligence, and penalties for violations of occupational health and safety laws were not commensurate with those for crimes such as negligence.

The Ministry of Employment and Labor Relations was unable to enforce the wage law effectively. The government also did not effectively enforce health and safety regulations, which are set by a range of agencies in the various industries, including the Food and Drugs Authority, Ghana Roads Safety Commission, and Inspectorate Division of the Minerals Commission. The law reportedly provided inadequate coverage to workers due to its fragmentation and limited scope. There was widespread violation of the minimum wage law in the formal economy across all sectors. Authorities did not enforce the minimum wage law in the informal sector. Legislation governing working hours applies to both formal and informal sectors. Employers largely followed the law in the formal sector but widely flouted it in the informal sector, and government did not enforce it.

Three teachers’ unions engaged in nationwide strikes over nonpayment of legacy arrears in December 2019 and in January. The unions reported that the Ghana Education Service failed to respond to three letters demanding information on their payments from 2012 to 2016. The Fair Wages and Salaries Commission also failed to respond to the unions’ request for a meeting to discuss a “collective agreement.”

The government did not employ sufficient labor inspectors to enforce compliance. Inspectors were poorly trained and did not respond to violations effectively. Inspectors did have the authority to make unannounced inspections. Inspectors did not impose sanctions and were unable to provide data as to how many violations they addressed. In most cases inspectors gave advisory warnings to employers, with deadlines for taking corrective action. Penalties were insufficient to enforce compliance.

Approximately 90 percent of the working population was employed in the informal sector, according to the Ghana Statistical Service’s 2015 Labor Force Report, including small to medium-scale businesses such as producers, wholesale and retail traders, and service providers made up of contributing family workers, casual wageworkers, home-based workers, and street vendors. Most of these workers were self-employed.

Accidents in the mining sector were common, often in illegal mining. In a January 2019 mine explosion 16 persons died, and in October, five persons died in the collapse of a pit. Civil society organizations stated that corruption and lax enforcement allowed unsafe illegal mining practices to continue.

In March 2019 the High Court in Accra ordered a mining company to pay more than nine million cedis ($1.7 million) in damages in a case concerning the drowning of an employee in 2015. The court found gross negligence on the part of the company for failing to meet health and safety standards.

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U.S. Department of State

The Lessons of 1989: Freedom and Our Future