Organised labour may have suspended the nationwide strike action which threatened to shut down the entire economy, but it has generated a critical debate on workers’ rights and the role of employers during industrial actions.
Organised labours’ strike may have negatively impacted both the private and public sectors of the economy given their enormity and impact. This piece seeks to dive into the Labour Act to uncover the rights and responsibilities of workers and employers in the exercise of labour rights.
What is Organised Labour?
Organised Labour in Ghana in simple terms is an amalgamation of individual trade unions in Ghana. Thus, it is a collective group of trade unions, workers’ associations, and federations. It serves as a unified voice for employees, promoting fair wages, safe working conditions, and other labour rights.
In totality, Organised labour advocates and represents the interests of workers in various industries and sectors in both private and public sectors. Their functions and activities include collective bargaining, industrial action, legal advocacy, and policy advocacy.
Some of the unions in the Organized labour group are the Ghana Federation of Labour, Ghana National Association of Teachers (GNAT), National Association of Graduate Teachers (NAGRAT), Coalition of Concerned Teachers (CCT), Civil and Local Government Staff Association of Ghana (CLOGSAG).
Others include the Judicial Services Staff Association (JUSAG), Ghana Registered Nurses and Midwives Association (GRNMA), Ghana Medical Association (GMA), National Association of Registered Midwives (NARM), Government Hospitals Pharmacists Association (GHOSPA), University Teachers Association (UTAG), Technical Universities Teachers’ Association of Ghana (TUTAG), Technical Universities Administrators Association of Ghana (TUAAG), and Industrial and Commercial Workers Union (ICU) etc.
Following the announcement of the nationwide strike action by Organised Labour, some heads in institutions threatened to sack any employer who partakes in the industrial action. One such threat that went viral was by the Managing Director of GIHOC Distilleries, Maxwell Kofi Jumah.
Kofi Jumha, a leading member of the New Patriotic Party (NPP) in a fiery posture threatened to dismiss any employee of GIHOC who refused to show up for work on the day of the strike. This and many other threats have generated a critical debate in the country.
What do the labour laws in Ghana say about strikes?
The Labour Act 2003 (Act 651) spells out the rights and duties of both employees and employers. As part of the rights of a worker as stipulated in Section 10 of the Labour Act, a worker can form and join a trade union and no employer can prevent that provided the right procedures have been followed.
Section 159 of the Labour Act guarantees workers’ right to participate in lawful strikes organized by their unions, provided the necessary procedures and legal requirements have been met.
To be considered lawful, a strike must adhere to specific steps, including the issuance of a notice to the employer, the pursuit of arbitration, and an official declaration by the union. If these conditions are satisfied, employees have the legal right to join the strike without fear of punishment from their employer.
Employer Threats and the Labour Act
Despite these legal protections, some employers and bosses reportedly threaten employees with dismissal or punitive actions if they participate in union strikes. Such actions by employers are not only unethical but also illegal under the Labour Act. The law clearly shields workers from any form of retaliation by their employers and bosses during legal strikes, making such threats a violation of the Labour Act.
Section 169 explicitly states that;
(1) During any lawful strike or lockout, the employment relationship between the employer and the workers shall not be aected by the strike or lockout and any termination of the contract of employment as a result of the lawful strike or lockout is void.
2) No civil proceedings shall be brought against any worker, employer, trade union or employers’ organisation or an officer or a member of such trade union or employers’ organisation in respect of any lawful strike or lockout action taken in conformity with the provisions of this Act.
With this protection provided by the Act, private legal practitioner, Paul Kumi further corroborates that the act of threatening workers engaged in legal strikes apart from being illegal is also a threat to the country’s democracy.
Lawyer Kumi further tells The High Street Journal that such issuance of threats to workers exercising their democratic and labour rights by bosses also endangers workplace freedom and a free climate for employees.
“It is an unnecessary threat. It’s a danger to our democracy. It is a danger to workplace freedom and a free climate under which employers of GIHOC can work. Under the Labour Act, it is clear that you cannot sack a worker if he identifies himself with a legal strike action,” the private legal practitioner indicated.
He emphasized that employees and bosses do not have the legal authority to sack employees who partake in legal strikes. He reveals that any member sanctioned for engaging in such a legal industrial action can seek redress under the Labour Act.
It should however be noted that employees and workers engaging in a legal industrial action are liable to any damage or violence resulting from their actions. It is therefore the responsibility of the striking workers to ensure that their labour and democratic rights are exercised in a peaceful and non-violent manner.
