In Ghana, while the spotlight often falls on industries such as agriculture, mining, and services, have you, for a second, considered the significance of domestic workers and their contributions to our households and economy at large? We’ve heard and seen stories about these “househelps”, some positive and others not so pleasant but their situation is often overlooked.
In this piece, we will be discussing the laws that regulate the employment of domestic staff in Ghana.
Did you know that since the year 2020, a law has been put in place to regulate the employment of domestic staffers in Ghana? If you are such an employer but ignorant of this, then this is an opportunity to acquaint yourself with the provisions of the legislation so as not to get into trouble with the law. If you are a domestic staffer then this is your opportunity to know your rights and obligations and apply them when and where necessary.
The UN defines a domestic worker as anyone engaged in domestic work within an employment relationship. Domestic workers are regarded as one of the most vulnerable groups worldwide, often exposed to abuse, harassment, discrimination, and job insecurity among others. According to the 2015 Ghana Labour force report, domestic workers represented 0.5% of the total labour force in Ghana. Very often, negotiating fair working conditions becomes a herculean task for domestic workers because of the rather vast power imbalance between them and their employers. This vulnerability is what necessitated the birthing of L.I. 2408 in Ghana in line with section 174 of the Labour Act, 2003 (Act 651).
The Labour (Domestic Workers) Regulations, 2020 (L.I.) 2408 was enacted on 23rd July 2020, to protect the rights of the domestic worker and redefine the relationship between domestic workers and their employers. Thus, the oral and rampant nature of the employment of domestic workers is now a thing of the past.
The regulations define domestic work to include security services, domestic chores performed in any home or domestic setting, gardening, assistance with petty commercial activity and informal work performed by a domestic worker who also performs household chores in the home of an individual.
Under the Regulations, Employers and Domestic Workers are supposed to know the following;
1. Domestic workers must be given employment contracts, and the employment contracts must be lodged with the District Labour Officer within one month of entering the contract;
2. Domestic workers are to be paid not less than the National Daily Minimum wage which is currently pegged at GH¢18.15 per day;
3. Domestic workers are entitled to be paid overtime for hours worked after the agreed hours of work.
4. Domestic workers are not expected to work overtime unless the employment contract has a fixed rate for overtime;
5. Domestic workers are entitled to daily rest periods of at least eight consecutive hours;
6. Domestic workers are entitled to rest periods of at least twenty-four hours in one week;
7. Domestic workers are entitled to annual leave of at least 15 working days with full pay in any calendar year of full service;
8. Domestic workers are not supposed to work on statutory public holidays. If they do they must be paid double the amount of the normal wage;
9. Domestic workers are entitled to notice or salary in lieu of notice in the event of termination; and
10. Employers of domestic workers must deduct the portion of the social security contributions of domestic workers from their wages and pay the amount in addition to the employer’s contribution to the appropriate institution or scheme.
The above highlights of the Labour (Domestic Workers) Regulations shows the large extent to which it offers ample legal protection for Ghanaians in the domestic work setting, protect employers as well while ensuring compliance with its provisions.
You might want to grab a copy of the legislation from the Ghana Publishing Company (Assembly Press) opposite Accra City Hotel, Accra or any legal bookshop/vendor for your study as an employer or a prospective employer of a domestic worker, a domestic worker, student of Human Resource Management, Human Resource Practitioner, Labour Officer or simply talk to a Lawyer at Corporate and Allied Attorneys for more insight.
ABOUT THE AUTHORS
Abigail Rama Williams is a Senior Associate at Corporate and Allied Attorneys, a dynamic law firm, providing cutting edge legal services in Ghana. She is very proficient in handling transactions in corporate and commercial business, undertaking legal due diligence in investment transactions, immovable property acquisition estate and succession, family law and litigation/dispute resolution.
David Adjei is a senior at Ashesi University currently pursuing a degree in business administration. He spends most of his time reading and analyzing films to understand the intricacies of filmmaking. He loves analyzing for patterns and is a big psychology enthusiast. He is also a fast-learner and hopes to have his own accounting firm one day.
