Fair Treatment
Equal Pay
The Constitution of Ghana recognizes the right to fair remuneration and equal pay for work of equal value. In accordance with the Labour Act, every worker should receive equal pay for equal work equal work without distinction of any kind.
Sources: §24(1) of the Constitution of Ghana 1992, with Amendments through 1996; §68 of the Labour Act, 2003 (Act 651)
Non-Discrimination
In accordance with the Constitution of Ghana, all human beings are equal before the law, and no person can be discriminated against on any ground, including gender, race, colour, ethnic origin, religion, creed, or social or economic status.
The Labour Act prohibits discrimination on the basis of gender, race, colour, ethnic origin, religion, creed, social or economic status, disability, politics or because that other person is a member or an officer of a trade union. Discrimination at work (whether in hiring, working conditions, or dismissal) based on any of these reasons mentioned above is considered an unfair labour practice. Employers also cannot force employees to join or not join a trade union. Every worker has the right to decide whether they want to be part of a union.
The Labour Act adds disability and politics to the list of protected classes. A person who discriminates against any person with respect to the employment or conditions of employment on the basis of gender, race, colour, ethnic origin, religion, creed, social or economic status, disability, politics or because that other person is a member or an officer of a trade union is guilty of unfair labour practice. An employer cannot compel a person, seeking employment or already in employment, to form or join a trade union or to refrain from forming or joining a trade union of his or her choice.
A trade union or employers' organization are prohibited to discriminate in its constitution or rules against any person on grounds of race, place of origin, political opinion, colour, religion, creed, gender or disability. The Chief Labour Officer does not register unions and organisations with discriminatory rules or constitution.
The Labour Regulations (2007) further protect workers from being dismissed or treated unfairly because they filed a complaint or supported proceedings related to workplace misconduct.
The Persons with Disability Act requires that no one should discriminate against, exploit or subject a person with disability to abusive or degrading treatment. Employers are prohibited from discriminating against a prospective employee or an employee on grounds of disability unless the disability is in respect of the relevant employment.
Sources: §17 of the Constitution of Ghana 1992, with Amendments through 1996; §14, 87 & 127 of the Labour Act 2003 (Act 651); §4 & 9-15 of the Persons with Disability Act, 2006 (Act 715); §9 of the Labour Regulations 2007 (LI 1833)
Equal Choice of Profession
Women can work in the same industries as men. No restrictions could be located in the laws. Moreover, the Constitution allows citizens to choose any of the lawful occupations and does not place any restrictions. In accordance with the Constitution, "the exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen to work conscientiously in his lawfully chosen occupation".
Sources: §41(e) of the Constitution of Ghana 1992, with Amendments through 1996
Regulations on Fair Treatment
- Constitution of Ghana 1992
- Labour Act, 2003 (Act651)
- Criminal Code, 1960 (Act 29)
- Persons with Disability Act, 2006 (Act 715)
- Labour Regulations 2007 (LI 1833)
