Labour Law Case Study

CHAPTER ONE

INTRODUCTION

Labour law is a body of law that deals with the employer-employee relationship.

Sources of Law

The main law that governs labour in Ghana is Labour Act 2003 (Act 651).Article 11(1) of the 1992 Constitution, states the main sources of law as;

1. The Constitution

2. Acts of Parliament: Enactments made by or under the authority of the Parliament established by the Constitution.i.e., e.g. Labour Act, 2003 (Act 651). 3. Any orders, rules and regulations made by any person or authority under a power conferred by the Constitution. Note that, although the Constitution has conferred power to the said person, the said order or rule or regulations will still go before Parliament per Article 11(7) which states that;

“Article

4. The existing law: Article 11(4) state that existing laws comprise the written and unwritten laws of Ghana as they existed immediately before the coming in force of the Constitution, and any Act, Decree, law or statutory instrument issued or made before that date, which is to come into force on or after that date.

5. Common Law, i.e. case law: Article 11(2) states that the common law of Ghana shall comprise the rules of law generally known as the common law, the rules generally known as the doctrine of equity and the rule of customary law including those determined by the Superior Court of judicature.

Common law of Ghana Includes English common law.

Another source of law that governs labour law is the International Labour Organization Conventions. Which are conventions adopted, passed and made part of Ghana’s domestic laws.

Institution of Labour Law

These are institution where disputes in relation to labour/employment are settled. The following are institutions at deal with labour disputes;

1. Workplace

2. Courts:

• Labour Court,

• Court of Appeal,

• These standards agreed upon and adopted by ILO, constitute the ILO Labour Code and are generally referred to as the ILO Conventions.

Establishment of Public Employment Centres and Registration of Private Employment Agencies (s.2 of Act 651)

The Minister by an Executive Instrument shall establish a Public Employment Centres for the discharge of certain functions.

Functions of the Centres (s.3 of Act 651)

1. Assist unemployed and employed persons to find suitable employmentand assist employers to find suitable workers from among suchpersons.

2. Tofacilitate occupational mobility with a view to adjusting the supplyof labour to employment opportunities in the variousoccupations.

3. Facilitate geographical mobility with a view to assisting themovement of unemployed and employed persons to areas withsuitable employment opportunities.

4. Facilitate temporary transfers of unemployed and employed persons from one place to another as a means of meeting temporary local maladjustment in the supply of or demand for unemployed persons.

5. Assist in social and economic planning by providing labour market information to stakeholders to ensure a favourable employment