INTRODUCTION
The Labour (Domestic Workers) Regulations, 2020, L.I. 2408 was made on 11th June, 2020 to protect the rights of domestic workers and define the employment relationship between domestic workers and their employers in Ghana.
The Regulations define domestic work to include; “domestic chores performed in any home or domestic setting, informal work performed by a domestic worker who also performs household chores in the home of an individual, assistance in petty commercial activity, security services and gardening”. The Labour Act defines a domestic worker as “a person who is not a member of the family of a person who employs him or her as house-help”.
KEY FEATURES OF THE NEW LAW ON THE PROTECTION OF THE RIGHTS OF DOMESTIC WORKERS
- Contract of employment must be written – there must be a written contract of employment between the employer and domestic worker which must contain specified terms in accordance with law.
- Deposit of contract of employment – the employer must deposit the contract of employment with the appropriate District Labour Officer within 1 month of entering into the contract with the domestic worker.
- Payment of wages – the employer shall not pay the domestic worker a remuneration that is less than the National Daily Minimum Wage (NDMW). The NDMW set for 2021 – 2022 is ¢12.53, this means that no domestic worker in Ghana should receive a daily wage of less than ¢12.53. It also implies that wages ought to be reviewed in compliance with the adjustment of the NDMW.
- National Pension – an employer may register a domestic worker as an informal employee and ensure the domestic worker pay periodic contributions in accordance with law.
- Rest periods – a domestic worker is entitled to some rest and particularly when the normal hours of work are continuous.
- Leave – the domestic worker is entitled to annual leave, sick leave, maternity leave and the employer shall grant the domestic worker leave from work on a statutory public holiday and shall pay the daily minimum wage.
- Freedom to form or join trade unions – domestic workers can form or join trade unions and entitled to the benefits of a collective bargaining agreement.
- No Force Labour – the employer shall ensure that no domestic worker is subjected to any form of force labour.
- Training – the employer may train and retrain domestic worker at the expense of the employer upon the consent of the domestic worker.
- Prohibition of sexual harassment and domestic violence – an employer shall ensure that the domestic worker is not subjected to any form of sexual harassment and violence at the work place.
- Termination of contract of employment – the contract shall be terminated based on reasonable grounds of law and by giving due notice or pay in lieu of the due notice.
- Dispute resolution – any dispute between the employer and domestic worker may be resolved in accordance with the Alternative Dispute Resolution Act. This does not prevent the domestic worker the right to due process of law.
- Monitoring and compliance – any domestic worker can lodge a complaint to the District Labour Officer to conduct inspection to ascertain compliance with the law.
- Precedence of the Regulations over contract of employment – a contract of employment shall not contain any provision that confers a benefit on a domestic worker which is less favorable than any benefit in the Regulations. This implies that Employers cannot enter into a contract of employment to provide a benefit on a domestic worker which is less favorable than what has been provided by law.