Frequently Asked Questions
  1. 1
    What Learning & Development Programmes does GEA offer to members?

    GEA offers a wide range of short courses and conferences that are geared towards the overall growth and development of both employers and employees on the job. Some of these programmes include:

    • Routine Open & In-house employee capacity development programmes
    • Diploma in Industrial Relations Programme
    • Female Leadership Programme
    • Women in HR Conference

  2. 2
    What does Redundancy entail?

    Redundancy may occur when an employer contemplates the introduction of a major change in production, programme, organisation, structure or technology of an undertaking that is likely to entail terminations of employment of workers in the industry. Redundancy can also occur when an undertaking is closed down or undergoes an arrangement or amalgamation and the closed down arrangement or amalgamation causes:

    • Severance of the legal relationship of a worker and employer as it existed immediately before the close down, arrangement or amalgamation, and

     

    • As a result of and in addition to the severance that worker becomes unemployed or suffers any diminution in the terms and conditions of employment.

  3. 3
    What should I do, as an employer, if I plan to undertake redundancy?

    An employer who contemplates or plans to carry out redundancy should:

    • Provide in writing to the Chief Labour Officer and the trade union concerned, not later than three months before the contemplated changes, all relevant information including the reason for any termination, the number and categories of workers likely to be affected and the period within which any termination is to be carried out; and

     

    • Consult the trade union concerned on measures to be taken to avert or minimise the termination as well as measures to mitigate the adverse effects of any termination on the workers concerned such as finding alternative employment.

  4. 4
    Is an employer supposed to pay the worker who is affected by the redundancy?

    Yes. The worker who is affected by the redundancy is entitled to be paid by the employer prior to the close down, re-arrangement or amalgamation.

  5. 5
    What should an employer consider in determining the terms and conditions of employment of a worker who has suffered diminution?

    The employer should take into account the past services and accumulated benefits, if any, of the worker in respect of the employment.

  6. 6
    How do I, as an employer, establish the redundancy pay and terms and conditions of payment of affected workers?

    The redundancy pays and the terms and conditions of payment are subject to negotiation between the employer or representative of the employer on the one hand and the worker or the trade union concerned on the other.

  7. 7
    Where should an employer make a complaint in case there is a dispute regarding the redundancy pay and the terms and conditions of payment?

    An employer may refer any dispute concerning the redundancy pay and terms and conditions of payment to the National Labour Commission for settlement and the decision of the Commission shall be final.

  8. 8
    Are there any particular categories of workers who should not covered by the redundancy pay and other terms of conditions?

    The following categories of workers are not covered:

    • Workers engaged under a contract of employment for a specified period of time or for specified work
    • Workers serving a period of probation or qualifying period of employment of reasonable duration determined in advance
    • Workers engaged on a casual basis.

  9. 9
    Can I, as an employer, be held responsible for injury suffered if a worker fails to fulfill his or her obligation?

    An employer shall not be liable for injury suffered if it is established that the injury is as a result of non-compliance by the worker.

  10. 10
    If I, as an employer, fail to adhere to my obligation, will I be punished?

    An employer who, without reasonable excuse, fails to discharge any of the obligations commits an offence and is liable on summary conviction to a fine not exceeding 1000 penalty units or to imprisonment for a term not exceeding three years or both.

  11. 11
    What action could a worker take if he or she finds himself or herself in a situation in the workplace which presents danger to his or her life, safety and health?

    The worker should immediately report the situation to his or her immediate supervisor and remove himself or herself from the situation.

  12. 12
    Can I, as an employer, terminate the employment or withhold any remuneration of a worker who removes himself or herself from danger?

    No. An employer cannot dismiss or terminate the employment of a worker or withhold any remuneration of a worker who has removed himself or herself from a work situation which the worker has reasons to believe presents imminent and serious danger to his or her life, safety or health.

  13. 13
    Must I, as an employer, report occupational accidents and diseases?

    An employer is required to report as soon as practicable and not later than seven days from the date of the occurrence to the appropriate government agency, occupational accidents and diseases which occur in the workplace.

  14. 14
    Is the employer supposed to bear the cost of leave interruption?

    When the leave of an employee is interrupted, the employer shall make up to the worker any reasonable expense incurred on account of the interruption, and also resumption of the leave by the worker.

  15. 15
    Can I, as an employer, interrupt a worker’s leave?

    Yes. Every worker is entitled to enjoy an uninterrupted period of leave but an employer, in case of urgent necessity, may require a worker to interrupt his or her leave and return to work. In any case, a worker shall not forfeit the right to remainder of the leave but shall take the leave any time thereafter.

  16. 16
    How many days is an employee entitled to?

    An employee is entitled to not less than fifteen working days leave with full pay.

  17. 17
    Is every worker entitled to annual leave?

    Every worker is entitled to annual leave in any calendar year of continuous service.

  18. 18
    Can I, as an employer, deduct from an employee’s annual leave if he/she absents himself/herself from work due to voluntary communal labour, civic duties and special leave?

    In a situation in which a worker is absent from his or her normal duties with the permission of the employer on account of the workers’ participation in voluntary communal work, the discharge of civic duties or the granting of special leave with or without pay, this shall not be counted as part of the worker’s annual leave.

  19. 19
    Can I, as an employer, deduct public holidays from annual leave?

    No. Public holidays and absence from duty due to sickness certified by a medical practitioner, and pregnancy and confinement cannot affect the annual leave entitlement of a worker.

  20. 20
    Is it possible for a worker to take his or her leave in two parts?

    Yes. A worker may be permitted to take his or her annual leave in two approximate equal parts.

  21. 21
    Can leave entitlement be restored to a suspended worker upon their reinstatement?

    Where a worker is suspended from the service of his or her employer prior to disciplinary or criminal proceedings being taken against him or her and is reinstated, the worker shall be entitled to take the leave he or she would have had if she had not been suspended.

  22. 22
    If I, as an employer, terminate someone’s employment, will this affect leave entitlement earned?

    In a situation where the employment of a worker is terminated, the worker is entitled to annual leave in proportion to the period of service in the calendar year. The worker shall not be deprived of any other grants or awards which the worker is entitled including payment in lieu of notice of termination.

  23. 23
    Can I, as an employer, pay an employee an amount of money in substitution for their annual leave?

    No. By law, any agreement to relinquish the entitlement to annual leave or to forgo such leave is void.

Still have questions?

    ABOUT GHANA EMPLOYERS ASSOCIATION.

    We are a powerful force, advocating for real changes to the policies that matter most to businesses. Policy is shaped by our diverse membership, comprising of both local and international, large, medium and small enterprises.

    ADDRESS:
    14 Tafawa Balewa St, North Ridge, Accra Ghana.

    PHONE:
    +233 302 678455 | +233 302 678449

    EMAIL:
    gea@ghanaemployers.com


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