By Lucille N.Y Cash-Abbey Esq

The other day, my cousin’s employees (all four of them) decided not to show up for work. Apparently, a small misunderstanding had escalated into a full-blown pay-rise campaign. After several attempts to convince my cousin to increase their salaries failed, they took matters into their own hands and staged what I can only describe as a micro-demonstration, by simply staying home.

Now, my cousin runs a hairdressing salon, and because I’m a very regular customer there, I have a good relationship with her staff. So naturally, I was nominated as the mediator. During our little “salon summit,” something became clear: neither employer nor employees knew their rights or responsibilities under the law. And honestly, this is more common than you’d think, one of the major reasons so many disputes end up at the Labour Commission or in court.

So, in this article, we’re going to walk through the basic rights and responsibilities of employers and employees under Ghana’s Labour Act, because peaceful workplaces don’t just happen; they’re built on understanding, communication, and a sprinkle of legal knowledge.

Employer Rights: Yes, Employers Have Rights Too!

Many people assume the Labour Act is all about protecting employees, but employers aren’t left out. Every business owner from hairdressers to high-rise CEOs, have rights under the law.

1. The Right to hire and the right to not hire
Employers have the freedom to choose who they bring into their business. Skills, attitude, punctuality, all fair game. A salon is no place for someone who faints at the smell of conditioner.

2. The Right to Set Reasonable Rules
From “No lateness” to “No TikTok dances during working hours” , employers can set rules to ensure productivity and order. The key word here is reasonable. No “Employees must bring jollof to work every Monday.”

3. The Right to Discipline
Employers can take disciplinary action when needed. Warnings, suspensions, and in serious cases, termination. Of course, it must follow due process. You can’t fire someone just because they ate the last meat pie.

4. The Right to Protect Their Business Interests
This includes confidentiality, safety, protecting it from law suits and maintaining a healthy working environment. An employer’s business is their livelihood, protecting it is part of the deal.

The Employer Responsibilities and Obligations

Much like everything in the world, rights come with responsibilities. It is the employers responsibility to:

1. Provide Safe Working Conditions
Whether it’s a salon, an advisory firm or a construction site, the workplace must be physically safe. No exposed wires, no broken chairs, no fire hazards. When and if the floor is wet, signage needs to be place as notice. If someone gets hurt at the workplace due to negligence, that’s an employer headache.

2. Pay Employees Promptly and Fairly
The Labour Act insists on timely payment of wages. No employer has the right to withhold an employee’s salary. Salary should not be a “surprise gift”, it’s an obligation.

3. Respect the Terms of the Contract
If the contract says 8 hours, you can’t suddenly demand 12, unless you’re giving overtime. A contract is a contract, not a suggestion.

4. Provide Rest Periods and Leave
Yes, annual leave, maternity leave, sick leave, they all apply. Employees are human, not robots powered by words and vibes.

5. Ensure Social Security Contributions are paid.
Employers must pay SSNIT. No debates, no negotiations, no “Let’s discuss next month.” It is a criminal offense to not pay SSNIT, with a penalty of a fine, or imprisonment for up to 5 years, or both.

Common Misunderstandings: Where Drama Usually Begins

Here’s where things get spicy. Many disputes stem from simple misunderstandings:

1. “But I thought salary includes overtime?”
No, please. Salary is salary; overtime is overtime, they are completely different.

2. “If I don’t come to work, they can’t deduct my pay.”
They can, and they will. No work, no pay is very legal.

3. “My boss can terminate me without explanation.”
Not so fast. Termination must be based on lawful grounds and follow due process.

4. “My employees must agree to any rule I make.”
Employment is not a dictatorship. Rules must be lawful and reasonable.

5. “Verbal contracts don’t count.”
They do. They really do. But written contracts save everyone’s sanity.

What Happens When peace leaves the Group Chat – Dispute Resolution.

Even the best workplaces have disagreements. The good news is that Ghana’s Labour Act gives several avenues for resolving disputes , before things explode into a full company shutdown.

1. Internal Discussion
Most issues can actually be resolved by talking. A simple sit-down without tempers flaring works wonders.

2. Mediation
Bring in a neutral person (like I had to do for my cousin’s salon). A fresh perspective often cools the temperature.

3. Labour Commission
When things escalate, the National Labour Commission handles complaints, issues directives, and helps settle disputes.

4. Arbitration and Courts
This is the last resort — for the big battles (and patience is required because it is a looong road).

EMPLOYEE RIGHTS

Employees have rights too, in fact plenty of them. And knowing them helps create a balanced, respectful working relationship.

1. The Right to Fair Treatment
No discrimination, no favouritism, no “You’re my cousin’s best friend so you get more leave.” Everyone deserves fairness, even the very annoying staff member who is always stirring up trouble.

2. The Right to a Safe Workplace
No worker should fear for their life while simply trying to earn a living. Sharp objects, slippery floors, faulty sockets, broken chairs etc. must be managed by the employer. Safety is a right, not a luxury.

3. The Right to Be Paid for Work Done
This seems obvious, but you’d be surprised. When work is delivered, payment must follow , not stories, not excuses, not “Let’s wait for next month’s sales.”

4. The Right to Rest and Leave
Employees have a right to reasonable working hours, breaks, annual leave, sick leave, and maternity leave (and paternity leave for some employers who choose to add it).
No employer has the right to ask an employee to forfeit their leave in the year. A negotiation date for the leave can be had, but its just that, negotiation which is subject to agreement by the employee.

5. The Right to Join a Union
Yes, employees can join or form a union. It’s not rebellion, it’s legal.

6. The Right to Due Process
Before any punishment or termination, an employee deserves to be heard. No one should lose their job because “the boss dreamt that the employee is a witch.”

Employee Obligations.

Employees also have responsibilities, otherwise the workplace becomes a free-for-all.

1. The Duty to Work Diligently
This means doing your job well, not haphazardly. Even the Bible says ”Whatever your hand finds to do, do it with all your might…” You can not spend all your time on social media while you are supposed to be working.

2. Punctuality and Regular Attendance
Showing up to work is not optional. And showing up on time is very much part of the job description.

3. Obeying Lawful Instructions
If the employer gives you tasks, (in accordance with your work) it is your responsibility to perform those tasks, these are lawful instructions. You can’t choose which ones to obey like it’s a buffet.

4. Respecting Workplace Policies
From dress codes, staff relations, work code of conduct, hygiene rules etc, employees must comply with policies that keep the business running smoothly.

5. Maintaining Confidentiality
Workplace secrets stay at the workplace. No gossiping about client issues or company matters at the nearest waakye joint. There is a level of confidentiality that is expected of every employee.

6. Taking Reasonable Care of Employer’s Property
Tools, equipment, machines etc, the employee must use them properly.

7. Acting in Good Faith
Employees are expected to be honest, not sabotage the business, and not engage in activities that harm the employer.

If there’s one thing my cousin’s “salon strike” taught me, it’s that most workplace conflicts aren’t caused by wicked bosses or stubborn employees, they usually come down to simple misunderstandings. When people don’t know their rights or obligations, even small issues can grow legs and start their own protest.

Ghana’s Labour Act isn’t meant to sit on a shelf gathering dust. It’s a practical, everyday guide designed to help employers and employees coexist peacefully. When employers understand what they can do (and what they must do), and employees understand what they’re entitled to (and what’s expected of them), the workplace becomes less of a battlefield and more of a partnership.

At the end of the day, every business , from a four-person salon to a multinational company , runs better when there’s mutual respect, open communication, and a little legal awareness. So whether you’re the boss, the employee, or the accidental family mediator like me, knowing the law helps keep the peace.

END