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Current Labour Regulations, 2007 - Conditions of Employment

In exercise of the powers conferred on the Minister responsible for Manpower, Youth and Employment by section 174 of the Labour Act, 2003 (Act 651) these regulations are made this 28th day of May 2007.

Conditions of Employment

 

 

 

Right   of   a   worker   to   training   and confidentiality

4. (1) Where the need arises, the employee shall be trained by the employer having regard to the relevance of the training on the job and the enterprise.

(2) An employment agency shall respect a worker’s rights including the right to confidentiality of data which shall be limited to the qualifications and professional experi­ence of the worker.

Probation

5. Where, as a condition for the engagement of an employee, a contract of employment requires probation, the contract shall specify the duration of the probation for the employee.

 

Hours of work
6. (1) The Minister shall direct the Chief Labour Officer or a Labour Officer to determine shorter hours of work for manual labour and work declared likely to be injurious to the health of the employee with the employer.
(2) The working hours shall be included in a Collective Agreement..
(3) The employer shall deposit two copies of the Collective Agreement with the National Labour Commission and the Chief Labour Officer.


Employment of young persons in hazardous work
7,(1) An employer shall not engage a young person in work which involves
(a) manual lifting of loads the weight of which exceeds twenty-five kilograms,
(b) work on scaffold and other structures at a height exceeding two and a half metres,
(c) the use of substances and materials
that emit
0) radiation, or
(ii) poisonous gases or fumes,
(d) the use of dangerous chemicals,
(e) excessive noise,
(f) the felling of timber;
(g) night work exceeding eight continu¬ous hours,or
(h) other situations considered by the Chief Labour Officer as hazardous.

(2) An employer shall not engage a young person
(a) for the production and screening of, pornographic materials, or (b) to work at areas in a hotel which are likely to corrupt the moral development of that young person.


Remuneration during interdiction
8. (1) Where an employer interdicts an employee, the employer shall:
(a) pay not less than fifty per cent of the employee’s salary for six months, during investigations, disciplinary or criminal proceedings for an offence for which the employee has been charged, and
(b) pay the employee the salaries withheld during the interdiction if the employee is exonerated from the offence for which the employee has beep charged.

(2) Sub-regulation (1} shall not prejudice the terms agreed upon in a collective agreement between the employer and the employee.


Victimizations prohibited

9. An employer shall not discharge or otherwise discriminate against a person because that person has made a complaint or given evidence or assisted in respect of the initiation or prosecution of a complaint or other proceedings under these Regula¬tions.


 

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