DECLARATION
STUDENT’S DECLARATION
I, David Naya Zuure, declare that this thesis, with the exception of quotations and
references contained in published works which have all been identified and
acknowledge, is entirely my own original work, and it has not been submitted, either in
part or whole, for other degrees elsewhere.
SIGNATURE:…………………………………
DATE:………………………………………....
SUPERVISOR’S DECLARATION
I hereby declare that the preparation and presentation of this work was supervised in
accordance with the guidelines for the supervision of Thesis as laid down by the
University of Education, Winneba.
NAME OF SUPERVISOR: DR. ANTHONY BAABEREYIR
SIGNATURE: ……………………………………………………..
DATE:……………………………………………………………..
ii
ACKNOWLEDGEMENTS
Many thanks go to the Omnipresent and Omnipotent Father through whose amazing
grace, fountain of love, and blessings made it possible for this work to see the light of
day. In the preparation of this work, many sources were consulted and so I am highly
indebted to all the authors whose works were quoted either directly or indirectly.
I am equally grateful to my supervisor, Dr. Anthony Baabereyir, for his dedicated work
in carefully and intelligently guiding me and making immeasurable inputs into this work.
I am also grateful to Prof. Augustine Yaw Quashigah, the Dean of the Faculty of Social
Sciences, and all my lecturers for their contributions to my academic and professional
development. May the kind Lord reward you in a corresponding measure of blessing.
The support of all my colleagues and friends with whom ideas were shared, and gari and
kenkey were eaten to keep the body and soul together cannot go unmentioned. I truly
appreciate the assistance and pieces of advice from them.
iii
DEDICATION
This work is dedicated to my lovely family: Dad –Mr. Domonic Zuure, Mum – Mrs
Alice Zuure, Sisters – Bertha Zuure, Mercy Zuure, Nelly Zuure and Brother – Bright
Joseph Zuure. It is also dedicated to the only woman in my life, Ms Gifty Nordzi.
iv
TABLE OF CONTENTS
CONTENT
PAGE
DECLARATION
ii
ACKNOWLEDGEMENTS
iii
DEDICATION
iv
CHAPTER ONE: INTRODUCTION
1
1.1 Background to the study
1
1.2 Statement of the problem
7
1.3 Purpose of the study
8
1.4 Research questions
8
1.5 Significance of the study
9
1.6 Organization of the work
10
1.7 Operational definitions
10
CHAPTER TWO: LITERATURE REVIEW
11
2.1 The Concept of Employment Rights
11
2.2 Employment Rights and Human Rights
12
2.3 Instrument for the Protection of Employment Rights in Ghana
16
2.3.1 1992 Constitution of Ghana and other Instruments
16
2.3.2 The United Nation’s Charter and the Universal Declaration of
Human Rights, 1948
18
2.3.3 International Covenant on Economic, Social and Cultural Rights
19
2.3.4 The African Charter of Human and People Rights
20
v
2.3.4 The Labour Act, 2003 of Ghana
21
2.4 The National Labour Commission of Ghana
23
2.5 Awareness of Employment Rights among Employees
25
2.5.1 The Right to Written Statement of Contract
26
2.5.2 The Right to Work under Satisfactory, Safe and Healthy Conditions
27
2.5.3 The right to Equal Pay for Equal Work
29
2.5.4 The Right to Rest, Leisure and Reasonable Limitations to
Working Hours
31
2.5.5 The Right to be Trained and Retrained
32
2.5.6 The right to Form or Join Labour Unions
33
2.5.7 Work with Dignity
35
2.6 Granting Employment Rights at the Workplace
36
2.7 Mechanisms for the Protection and Promotion of Employment Rights
39
2.8 Challenges in Granting Employment Rights
42
2.9 The Ontological and Epismological basis of the study
43
CHAPTER THREE: METHODOLOGY
45
3.1 Research Design
45
3.2 The study Area
46
3.3 The study population
46
3.4 Sample and Sampling Techniques
47
3.5 Instruments
49
3.5.1 Questionnaire
49
3.5.2 Interview
50
vi
3.6 Validity and Reliability
51
3.7 Ethical considerations
53
CHAPTER FOUR: PRESENTATION OF FINDINGS
54
4.1 Awareness of Employment Rights among Teachers in Private
Senior High Schools
54
4.2 Granting of Employment Right in Private Senior High Schools
57
4.2.1 Respect for employment rights
58
4.2.2 Termination
65
4.2.3 General Conditions of employment
69
4.2.4 Dignity, Harassment, and Threats
75
4.2.5 Discrimination
81
4.3 Mechanisms for the Protection and Promotion of Employment Rights
90
CHAPTER FIVE: SUMMARY, CONCLUSIONS
AND RECOMMENDATIONS
93
5.1 Summary of Main Findings
93
5.2 Implications of findings
96
5.3 Recommendations
98
5.4 Limitations of the study
99
5.4 Contributions to Research Work and Knowledge
100
5.5 Suggestions for further studies
101
References
102
Appendices
106
vii
LIST OF TABLES
3.1 Distribution of target population by institutions
51
3.2 Distribution of sample by institutions
52
3.3 Distribution of sample by sex
54
4.1.1 Awareness of employment rights
59
4.1.2 Awareness of Labour Act, 2003
61
4.5 Right to rest, leisure, and reasonable leisure at work
70
4.9 Payment of compensation
74
4.10 Overtime payment
81
4.11 Treatment of women and men
92
4.12 Maternity leave for women
94
4.13 Opportunity for training
99
viii
LIST OF FIGURES
4.1 Written Contract of Employment
63
4.2 Conditions of work
66
4.3 Equal pay for equal work
68
4.10 Payment of monthly salary
76
4.11 Sick leave
80
4.12 Payment of SSNIT contributions
83
4.13 Spoken to with respect and dignity
85
4.14 Forced labour
86
4.15 Sexual harassment
88
4.16 Threats of termination
90
4.17 Treatment of persons with disability
93
4.18 Labour Unions
96
4.19 Relevant information
97
4.20 Respect for employment rights
100
ix
LISTS OF ACRONYMS
I.L.O
International Labour Organization
ICESCR
International Covenant on Economic, Social and Cultural Rights
N.G.Os
Non-Governmental Organizations
CHRAJ
Commission on Human Rights and Administrative Justice
UDHR
Universal Declaration of Human Rights
U.N
United Nations
TUC
Trade Union Congress
PSHS
Private Senior High Schools
NCCE
National Commission on Civic Education
ISD
Information Service Department
S.A
Strongly Agree
A
Agree
UN
Undecided
DA
Disagree
SDA
Strongly Disagree
SU
Sufficient
INSU
Insufficient
x
ABSTRACT
This research work examined the granting of teachers’ employment rights in Private
Senior High Schools in the Central Region. It examined the extent to which the
employment rights of teachers in Private Schools were granted as Ghana has provisions
in the Labour Act, 2003 and state institutions for the protection of employees’ rights. It
focused on finding out the level of awareness of employment rights among teacher
employees, the extent of respect of employees’ rights in Private Senior High Schools in
the Central Region, and the employees’ perceptions of mechanisms for protection of
employment rights. The work was a survey of selected private Senior High Schools in
the Central Region. Cross-Sectional Survey design was used, and the instruments of
questionnaire and interview were employed to gather the data. The population size was
one hundred and forty (140) teachers out of which a sample of fifty (50) were randomly
selected. The research found out that most of the teachers were contracted without
appointment letters, did not receive adequate salary, were not spoken to with respect,
received no pay for overtime work done and were not given the needed information and
training to enable them perform their work. The findings indicate that the employment
rights of teacher employees in Private Senior High Schools in the Central Region are
violated. It is strongly recommended that individual employees take responsibility for the
protection and promotion of their employment rights. The first step to that is learning
about their employment rights.
xi
CHAPTER ONE
INTRODUCTION
1.1 Background to the study
The dream of most adult individuals is to have a descent employment so as to
earn a living as it has often been said that the two most important things to human beings
are love and work. Certainly, each has the capacity infinitely to enrich, or to impoverish,
human existence. Modern employment legislations all over the world invest the
employee with important rights resulting in a greater degree of job security and improved
legal protection in his or her employment. In the words of Carby-Hall (1985),
“Employment rights or entitlements are all personal in nature”. This means they are to be
enjoyed at individual basis.
The source of employment is either from the public or private sector. Over the
years, efforts have been made to define a cordial working relationship between
employers and employees. Indeed, the way workers are treated is central to the progress
of the country. Labour law policies must therefore set steps to give people workplaces
consistency to democracy and empower workers by giving them the skills needed to be
citizens of democracy.
Consequently, Kohler (1994) has observed that there is more involved and more
at stake in labour law reform than we may think. He also wrote:
Anyone with serious concerns about the kind of people we are making
ourselves to be over the long run, and whether we can sustain the sorts of
habits necessary to the well-being of a democracy, must pay a close and
critical attention to employment and the way that relationship is ordered.
Briefly stated, the employment order involves far more than simply wage
rates, power relationship, productivity, quality, or workplace voice. It
quite literally involves the constitution of human beings.
(Kohler, 1994:26)
1
By this, Kohler recognized the centrality of the human being in any employment
relationship. He again recognized the need for employees to be accorded the maximum
respect and dignity in the form of rights at the workplace. As a nation the way employees
are treated must be of great concern.
Due to the fundamental importance of work to the development of human
personality and the goal of a just society, labour law is much more than economic
efficiency: it is about human dignity. The United States’ of America Catholic Bishops
(1986) from a similar perspective observed in their pastoral letter on the United States’
economy that:
All economic institutions must support the bonds of community and solidarity
that are essential to the dignity of persons. Wherever our economic
arrangements fail to conform to the demands of human dignity lived in the
community, they must be questioned and transformed.
This also espouses the dignity of the employee that underpins various employment rights
provisions from various parts of the globe.
Ghana became a member of the International Labour Organization (ILO) on 13th
May, 1957, after attaining independence. This was in an attempt to tap into the global
approach to labour dignity and respect for employees’ rights. The government, as at
December, 2004, ratified forty-seven (47) of the International Labour Organization’s
Conventions. Subsequently, Labour Laws in the country conform to the provisions of
conventions ratified by the country. They provide for the establishment of convention
machinery for the purpose of preventing and settling labour disputes. Labour laws lay
down what the social partners in an employment contract should do when dealing with
each other (Obeng-Fosu, 2007). According to Atta-Mills (unpublished) Labour laws are
social laws which are enacted to regulate the relationship between the employer and
2
employees as well as protect their interests, and ensure social justice (Cited by ObengFosu, 2007).
Wellman (1996) opined that appropriate organizational values include dignity,
respect, honesty, equal and fare treatment, integrity, ethics, and listening. This requires
great attention from employers across the various sectors of the economy. Persons in
management have to, as a matter of necessity, operationalize these values as identified by
Wellman and others appropriate and relevant at the workplace so as to give value and
dignity to their employees.
The Labour Act, 2003 is the legal labour document of the Republic of Ghana
which among others, defines the working relationship that has to exist between
employers and employees in the country. The document provides in Section 10, the
rights of workers or employees. The employee who combines the other factors of
production to result in goods and services to satisfy human needs is given protection
from abusive employers. Section 12 (1) of the Lalour Act provides that “ The
employment of a worker by an employer for a period of six months or more or for a
number of working days equivalent to six months or more within a year shall be secured
by a written contract of employment.” Paragraph (2) of the same section adds that a
contract of employment shall express in clear terms the rights and obligations of the
parties. These are fundamental rights of the employee in any employment set up.
Employees, according to the Labour Act, 2003, are entitled to be furnished with the
statement of the particulars of the main terms of contract of employment signed by the
employer.
Section 4(e) of the Act protects employees against discrimination on the grounds
of gender, race, colour, ethnic of origin, religion, creed, social or economic status,
3
disability or politics. On termination of employment contract, Section 63(1) of the Act
says “The employment of a worker shall not be unfairly terminated by the worker’s
employer”. Section 15(a)-(e) go on to prescribe when a contract of employment may be
terminated. When the termination of a contract of employment becomes necessary,
Sections 17 and 18 clearly outline Notice of termination and Remuneration from the
employer to the employee.
According to the Act, employees are not only entitled to Annual Leave with Pay
(Section 20), but also to pay for overtime work. A maximum working time of eight (8)
hours a day or forty (40) hours a week is prescribed by the Act. Employees are also
granted rest period at work as contained in Section 40(a) and (b). The salaries of
employees are protected by the Act. Section 68 calls for equal pay for equal work
without distinction of any kind. Section 69 protects employees against unapproved
deductions from employees’ salary by employers. This section states:
(1) an employer shall not make any deduction by way of discount, interest, or
any similar charge on account of an advance of remuneration made to
worker in anticipation of the regular payment of remuneration.
(2) an employer shall not
a) impose a pecuniary penalty upon a worker for any cause whatsoever; or
b) deduct from remuneration due to a worker, any amount whatsoever, the
deduction is permitted by law or is by way of repayment to the employer by
the employee.
It is expected that these rights of employees would be respected so as to give dignity to
the employee at the workplace.
Notwithstanding the National Labour Law (Labour Act, 2003) in existence with
the focus on protecting employee’s rights, enough literature exists pointing to abuses of
the employment rights of employees. Many employers disregard the employment rights
of their employees especially in the private sector, which has become vibrant in many
4
developing states (International Labour Organization, 2010). Thus, this work focused on
finding out the extent of awareness and respect for employment rights provided for in the
Labour Act, 2003 in Private Senior High Schools.
The private sector has become the engine of growth of the economy of Ghana
through its active and rewarding employment opportunities (Annual National Budget,
Ghana, 2006). Many people thus seek working opportunities in the private sector as a
preference over the public sector. According to Baah-Boateng (2010:13)
The contribution of the private sector to employment is quite appreciable,
particularly after the shift in policy direction in favour of private sector
development. Preliminary estimates from the Ghana Statistical Service
indicate that the private formal and informal sectors provided employment
and source of livelihood to about 83% of the entire Ghanaian workforce in
2006.
In talking about the private sector, Bentil (2010: 8) wrote:
Much has been said about the private sector: The engine of growth, a major
source of employment, the surest way to modernization, the vehicle with
which we will achieve middle income status, etc, and much is wanted
because, indeed, the private sector is our hope for a better Ghana.
To Baah-Boateng (2010:13):
The role of the private sector is critical in a country’s drive towards
productive employment creation. In Ghana, about 230,000 entrants are
admitted into the labour market every year. Only 2% of this is absorbed into
the public sector, thus, makes the private sector essentially the only source of
employment available to absorb the mass of the labour force.
This private sector spoken about includes the many private schools across the
country. Appreciating the great number of employees in the private sector, it
becomes imperative to be concerned about how they are treated especially with
regards to their rights.
5
It is worth noting that aside the Labour Act 2003, the 1992 Republican
Constitution of Ghana provides rights to Ghanaian workers. Article 24 (1) states, “Every
persons has the right to work under satisfactory, safe, and healthy conditions, and shall
receive equal pay for equal work without distinction of any kind”. Again, clause 2 of the
same article reads “Every worker shall be assured of rest, leisure and reasonable
limitation of working hours and periods of holidays with pay, as well as remuneration
for public holidays’’ (The 1992 Republican Constitution of Ghana). These provisions
aim at protecting the employee in Ghana so as to enhance productivity.
The 1992 Republican Constitution again provides in Article 24(2) that “Every
worker shall be assured of rest, leisure and reasonable limitation of working hours and
periods of holidays with pay, as well as remuneration for public holidays.” Clause 4 of
the same article points out that ‘‘Restriction shall not be placed on the exercise of the
right of the worker to form or join a trade union of his or her choice for the promotion
and protection of his or her economic and social interests’’. These provisions are
expected to be respected at all spheres of the national economy including the private
sector and for that matter, private schools.
Indeed, it is very necessary that relationship between employers and employees in
our Private Senior High Schools must recognize and respect the rights of the employee.
Anything short of respect for employees’ rights will put Ghana in a negative light with
regards to compliance to provisions of International Labour Instruments such as the
International Labour Organization and the International Covenant on Economic, Social
and Cultural Rights both of which Ghana is a signatory.
6
1.1 Statement of the problem
The problem investigated in this study was the granting of teacher employees’ rights
(as contained in the Labour Act, 2003) in Private Senior High Schools in the Central
Region of Ghana. It is expected that employers and employees should have mutual
respect for each other in order to foster harmonious relations between them to enhance
increased productivity. A peaceful working relation as well as secure and safe workplace is required to enhance efficiency. To achieve this, it is imperative that the rights of
employees are promoted, protected and respected at the workplace.
The Labour Act 2003 (Act. 651) catalogues the following as rights of the worker:
a) the right to work under satisfactory, safe and healthy conditions.
b) the right to receive equal pay for equal work
c) the right to rest, leisure and holidays with pay
d) the right to form or join a Trade Union
e) be trained and retrained for the development of his or her skills
f) receive information relevant to his or her work
These provisions in the Legal Labour Document have to be respected by employers in
the private sector including owners and management of Private Senior High Schools in
the Central Region of Ghana in a drive towards industrial harmony and increased
productivity.
Ideally, the contract of employment, general conditions of employment including
remunerations, leaves, hours of work, and termination of employment must be in
accordance with the provisions of the Labour Act, 2003, and 1992 Republican
Constitution.
The provisions of these documents are in line with the International
7
Covenant on Economic, Social, and Cultural Rights (ICESCR, 1966) and the
International Labour Organization (ILO).
Failure to appreciate employee rights will constitute violation of their rights
which can greatly affect productivity especially and could lead to labour unrest. The
influence of NGOs and Civil Society Organizations as well as governmental institutions
has heightened the awakening of awareness of employment rights in contemporary
Ghana.
The situations in private Senior High Schools in the Central Region seem to suggest
that employees’ rights are being violated by proprietors and managers of these schools.
This study is therefore an effort to examine the granting of teacher employees’ rights in
Private Senior High Schools in the Central Region of Ghana.
1.2 Purpose of the study
The purpose of the study was to investigate the granting of employment rights in
Private Senior High Schools in the Central Region of Ghana.
1.3 Research questions
The research sought to answer the following questions:
i)
To what extent are employees in Private Senior High Schools in the
Central Region of Ghana aware of employment rights?
ii)
To what extent are employees rights in Private Senior High Schools in the
Central Region of Ghana respected?
8
iii)
From the perspective of teacher employees in Private Senior High
Schools in the Central Region of Ghana, what mechanisms could be
employed to ensure respect for employees’ rights?
1.4 Significance of the study
With the advances Ghana has made in promoting democratic principles, human
rights are now pecked at a higher level. Employment rights are no exception. The
research work could therefore, be significant in a number of ways.
Firstly, it could awaken the awareness of employees to their employment rights. This
will further propel employees to learn about employment rights as prescribed by the
Labour Act, 2003, the 1992 Republican Constitution of Ghana, and other International
Instruments. Subsequently, they would be positioned to resist abuses employers would
mete out on them.
Secondly, government could through its institutions and agencies adopt measures and
means to educate, promote and protect employees’ rights in the country. To achieve this,
copies of the work would be made available to government agencies concerned with
employment issues.
The research would also be useful in getting specifically the Labour Commission and
the body of Association of Private Schools in Ghana to adopt mechanisms towards the
protection of the rights of employees.
Again, it will help Non-Governmental Organizations interested in the promotion of
rights of the employee, such as Amnesty International, to step up their effort in
protecting employees’ rights from being abused by the employers.
9
Finally, the work would serve as the basis for other researchers to explore the realm
of rights of employees at the local and global levels.
All together, the welfare of the employees would be protected and productivity will
increase which will subsequently result in increase in standard of living.
1.7 Organization of the work
Chapter One of the work focused on the introduction to the study which included
the background to the study, the statement of the problem, purpose of the study, research
questions and the significance of the study. Chapter Two deals with the review of related
literature. The third chapter describes the methodology the researcher employed to gather
the needed data. This includes the description of the research design, population, sample
and sampling techniques and instruments. Chapter four presents and discusses the data
gathered for answering of the research questions set in chapter one. The last chapter
presents a summary of the main findings, recommendations and conclusion.
1.8 Operational Definitions
1
Employees’ Rights:
Entitlements of workers as contained in the Labour Act,
2003 of Ghana
2
Labour Act, 2003:
Legal National Labour Document of Ghana
10
CHAPTER TWO
LITERATURE REVIEW
2.0 Introduction
This chapter deals with a review of related literature on the topic. In line with the
research questions to be answered, the literature was reviewed under the following subheadings:
 The concept of employment rights
 Employment rights as human rights
 Awareness of employment rights
 Employment rights at workplaces
 Mechanisms for the protection of employment rights
2.1. Employment Rights
Employment Rights are basic conditions granted to an employee. They stem from
statutory and or employment contract sources. One’s employment contract rights cannot
take away one’s rights by law when the former fall short of the latter. However, when
one’s contract of employment gives greater rights than by law, they apply ((Debrah,
2009).
Legislations on employment rights have been passed throughout the globe since the
Universal Declaration of Human Rights in 1948. Passing legislations and posting
documents on employment rights, however, are not guarantee for the protection and
promotion of employees’ rights. Indeed, studies from various circles of the world
indicate ignorance and infringement of employment rights notwithstanding the various
11
documents that exist from national to international levels with the aim of protecting and
promoting employment rights.
For example, CHRAJ Annual Reports indicate that the commission receives more
reports on employment rights infringement cases. Out of 2,251 Administrative Justice
cases received in 2003, 1,400 (625%) of them were labour and employment related.
Short (2007) asserts that many Ghanaians including employers, highly educated and job
seekers have little knowledge about employment rights. This has resulted in abuses of
employment rights by employers (CHRAJ Annual Report, 2003).
Employment rights in the U.S.A began after the Civil War. William Sylvis an
important labour leader led the charge to establish a department that protected the rights
of working people instead of the rights of businesses. Between 1864 and 1900, 100 bills
were submitted to establish the department and in 1884 the Bureau of Labour Act
establishing the Bureau of Labour whose duty was collecting statistics on working
people (Segraves, 2011). Modern day employment rights in the U.S, however, started
back in 1958.
2.2 Employment Rights as Human Rights
Employment is a contract between two parties, one being the employer and the other
being the employee. An employee may be defined as a person in service of another under
any contract of hire, expressed or implied, oral or written, where the employer has the
rights to control and direct the employee in the material details of how the work is to be
performed (Befort, 2002). An employee contributes labour and expertise to an endeavor
of an employer and is usually hired to perform specific duties which are packaged into a
job.
12
The International Covenant on Economic, Social, and Cultural Rights recognizes
employment when it expresses that everyone has the right to the opportunity to gain his
or her living by work which he or she freely chooses or accepts (ICESCR, 1966). The
Covenant enjoins all state parties to take steps towards the full realization of this right.
The steps include technical and vocational training and guidance programs, policies and
techniques to achieve steady economic, social, and cultural development and full
productive employment under conditions safeguarding fundamental political and
economic freedoms to the individual
The term worker is often used to refer to a person who performs services in an
employment relationship, although strictly speaking this generic term can also cover selfemployed workers. A worker is defined in Chile as a person who works in conditions of
dependency or subordination; in Mexico, as someone performing personal, subordinate
work; and in Nicaragua, as a person working under the employer’s direction and in direct
or delegated subordination to the employer (Hodson, 2011).
By contrast, in countries where descriptive definitions are the rule, the legislation
merely states that an employee is a person working for an employer. For example, in
Lesotho, employee means any person who works in any capacity under a contract with
an employer; in Thailand, a person who agrees to do work for an employer in return for a
wage, regardless of the name given to describe that person’s status; in Australia, any
person whose usual occupation is that of employee, but does not include a person who is
undertaking a vocational placement; in Pakistan, any and all persons not falling within
the definition of employer who is employed in an establishment or industry for
remuneration or reward either directly or through a contractor, whether the terms of
employment be express or implied; and in the United Kingdom, an individual who has
13
entered into or works under (or where the employment has ceased, worked under) a
contract of employment. In this case, one definition refers to another, and neither of them
defines the term precisely. Hence, it is even more important in these countries for case
law to establish the factors and indicators distinguishing an employment contract or
relationship and identifying its parties (International Labour Conference, 1996).
Although rights are difficult to define, in general, they are claims against society
recognized by governments and guaranteed by constitutions and laws. Rights accrue to
the individual automatically: An individual comes to possess rights because of
membership in the group or category for whom such rights are defined. Bluwey (2001)
sees rights as entitlements backed by law. Human Rights are privileges an individual is
entitled to because he or she is a human being (Abdullahi & Deng, 1990). Since
employees are human beings, it goes without saying that employees have rights or
entitlements. These entitlements at the work place are the employment rights.
The enjoyment of employment rights is such a fundamental right to every human
being without distinction of race, religion, political belief, economic or social conditions.
States are enjoined by ICSCR, 1966 to take steps to achieve the full realization of their
right to work to achieve steady economic, social and cultural development and the full
and productive employment under conditions safeguarding fundamental political and
economic freedoms to the individual. (The International Covenant on Economic, Social
and Cultural Rights, 1966: cited by Ghandhi: p56). Indeed, the realization of
employment rights depends largely first on the awareness of employment rights by
employers and employees and secondly the intervention of mandated state’s institutions
for the promotion and protection of employment such as the CHRAJ and Labour
Commission as well as interested Civil Society Organizations.
14
Employment gives dignity to individuals which further give credence to the
preamble of the Universal Declaration of Homan Rights (1948) that recognizes the
inherent dignity and equal and inalienable rights of all members of the human family as
the foundation of freedom, justice and peace in the world. Individuals find fulfillment
when they contribute labour and skills to result in goods and services for people in the
society. When services of employees are appreciated, they get intrinsic satisfaction and
high self-esteem. Employment, therefore, grants persons with the opportunity to attach
value and dignity to themselves.
Employment brings about economic empowerment to individual which goes a long
way to enhance human rights. Shorts (2007) assert that human rights abuse in Africa is a
poverty case. This is to say that individuals are not able to make claims of their rights or
challenge abuses of their rights because of poverty. The rich also abuse the rights of the
poor who without options endure so as to gain some income for a living. In this light,
employment makes individual able to challenge abuses or attempted abuse of their rights
through economic empowerment.
Article 17(1) of the Universal Declaration of Human Rights (1948) entitles
everybody to the right to own property alone or in association with others. Employment
enables individuals to attain this right since individuals earn income from services
rendered in employment and properties are acquired with funds. Individuals are also able
through employment to attain a standard of living adequate for the health and well being
of himself or herself and of his or her family, including food, clothing, housing and
medical care and necessary social services (UDHR, 1948).
15
2.3. Instruments for promoting employment rights in Ghana
Legal documents from national to international levels adequately provide for the
protection and promotion of employment rights. These provisions which are brilliant,
however, to large extent lack enforcement. The 1992 Constitution of Ghana, the Labour
Art, 2003 and international instruments which Ghana has signed to provide for
employment rights in the country.
2.3.1 The 1992 Republican Constitution of Ghana and employment rights
The 1992 Republican Constitution of Ghana is seen and regarded by many as human
rights friendly document which employment rights are no exception. Article 24 of
Chapter 5 of the 1992 Constitution of Ghana provides everyone with the right to work
under satisfactory, safe and healthy conditions, and equal pay for equal work without
discrimination of any kind. Workers are assured of rest, leisure and reasonable limitation
of working hours, period of holidays with pay and remuneration for public holidays.
Employees are also granted the right to join or form a trade union of choice for the
promotion and protection of economic and social interests.
The 1992 Constitution of Ghana establishes the Commission on Human Rights
and Administrative Justice, CHRAJ, (Chapter 18) to among others investigate
complaints of violations of fundamental rights and freedoms, injustice, corruption, abuse
of power and unfair treatment of any person by a public officer in the exercise of his
official duties, investigate complaints concerning the functioning of the Public Services
Commission, the administrative organs of the State, the Armed Forces, the Police
Service and the Prisons Service in so far as complaints relate to the failure to achieve a
balanced structuring of those services or equal access by all to the recruitment of those
16
services or fair administration in relation to those service,
investigate complaints
concerning practices and actions by persons, private enterprises and other institutions
where those complaints allege violations of fundamental rights and freedoms under this
Constitution, and educate the public as to human rights and freedoms by such means as
the Commissioner may decide, including publications, lectures and symposia. The
Commission’s Report (2003) indicates that the commission has played an important role
in promoting the recognition and respect for employment in the country.
The 1992 Constitution of Ghana has also created other institutions and agencies such
as the Mass Media (Chapter 12 ), the Judiciary (Chapter 11), the National Commission
foe Civic Education (Chapter 19), the Police Service (Chapter 15) with specified
functions that generally protect and promote the rights of the citizens which include
employment rights. Over the years these institutions have been resourced by the state to
carry out their functions. The state has also over the years trained, employed and paid
personnel in these institutions to perform the functions assigned to them.
According to Quarshigah (2007), the rights guaranteered by the 1992 Constitution of
Ghana are a reflection of the liberal democratic underpinning inherent in the various
democratic constitutions since 1969. The basic liberal democratic principles of protection
of the right to life, personal property, respect for human dignity, protection from slavery
and forced labour, equality and freedom from discrimination, the right to a fair trial, right
to freedom of speech and expression, freedom of assembly and demonstration, and rights
of information are upheld by the 1992 Republican Constitution of Ghana. In addition,
there are equally progressive rights such as guarantee of economic rights especially, the
right to work under satisfactorily, safe, and healthy conditions, and receive equal pay for
equal work”. Article 17(2) 0f the 1992 Constitution of Ghana also covers protection
17
against discrimination as it clearly states “A person shall not be discriminated against on
the grounds of gender, race, colour, ethnic origin, religion, creed, social or economic
status.”
2.3.2 The United Nations Charter and the Universal Declaration of Human Rights,
1948
The 1948 Universal Declaration of Human Rights with a recognition of the inherent
dignity and of the equal and inalienable rights of the human family as the foundation of
freedom, justice and peace in the world and the United Nations Charter (UN Charter)
have provisions of rights for the worker. As an umbrella body of all nations, the UN has
done very well in incorporating employment rights in its major documents. Indeed, the
United Nations Charter (UN Charter) and the Universal Declaration of Human Rights
(UDHR) remain the major documents that form the ideal from which all other
international conventions draw inspiration from. And employment rights have from the
onset been embodied in these documents. The Universal Declaration of Human Rights
(UDHR) Articles 23 and 24 adequately capture the rights of workers. They are as
follows:
Article 23
1. Everyone has the right to work, to free choice of employment, to just and
favourable conditions of worn and to protection against employment.
2. Everyone, without any discrimination, has the right to equal pay for equal
work.
3. Everyone who works has the right to just and favourable remuneration
ensuring for himself and his family an existence worthy of human dignity,
and supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form or join trade unions for the protection of his
interests.
18
Article 24
(5)Everyone has the right to rest, and leisure including reasonable limitation of
work hours and periodic holidays with pay.
The challenge, however, is the lack of institutions, departments and agencies as well
measures and procedures for the enforcement of these novel provisions of rights of the
worker.
2.3.3 The International Covenant on Economic, Social, and Cultural Rights,1966
The International Covenant on Economic, Social and Cultural Rights, 1966 also has
provisions for the rights of workers. Article 7 of the covenant recognizes the right of
everyone to the enjoyment of just and favorable conditions of work. The article enjoins
the state to ensure
a) Remuneration which provides workers, as a minimum, with:
i) Fair wages and equal remuneration for work of equal value without distinction
of any kind, in particular women being guaranteed conditions of work not
inferior to those enjoyed by men, with equal pay for equal work;
ii) A decent living for themselves and their families in accordance with the
provision
b) Safe and healthy working conditions:
c) Equal opportunity for everyone to be promoted in his employment to an appropriate
higher level, subject to no considerations other than those of seniority and
competence;
d) Rest, leisure and reasonable limitation of working hours and periodic holidays with
pay, as well as remuneration for public holidays.
Article 8 provides the right of everyone to form or join trade unions of their choice. This
is to enable workers without restrictions have the chance to have their economic and
social interests promoted and protected. It also provides the right to strike, provided that
it is exercised in conformity with the relevant laws of the particular country.
These provisions are to ensure descent employment for citizens. Descent
employment and respect for employment rights is fundamental and indispensable for the
19
exercise of other human rights. The realization of employment rights may be pursued
through various complementary approaches. Such approaches may include formation of
employment policies and the implementation of constitutional provisions and
employment related rights (Turker, 1993)
2.3.4 The African Charter of People and Human Rights (1981)
The African Charter of Human and Peoples’ Rights (1981) though not specifically
for employment rights, there is clear intention that charter has the rights of employees in
mind when it comes to the protection of human and peoples’ rights. This shows that the
charter is sensitive to the rights of employees and also mindful of the fact that
employees’ rights is very paramount at all times as they contribute to the production of
essential goods and services to solve the survival needs of humanity and for
development. In Article 2, the charter states that ; every individual shall be entitled to
the enjoyment of the rights and freedom recognized and guaranteed in the present
Charter without any distinction of any kind such as race, ethnic group, colour, sex,
language, religion, political, or any other opinion and social origin, fortune of birth or
other status. Some of the provisions of rights in this charter include:
Article 5:
Every individual shall have the right to the respect of the dignity inherent in
human being and to the recognition of this legal status. All forms of
exploitation and degradation of man especially slavery, slave trade, torture,
cruel inhuman or degrading punishment and treatment shall be prohibited.
Article 15: Every individual shall have the right to work under equitable and
satisfactory conditions, and shall receive equal pay for equal work; and
Article 22(1): All peoples shall have the right to their economic, social and
cultural development with due regard to their freedom and identity and in the
equal enjoyment of the common heritage of mankind.
20
With the above articles in mind, the, it suggests that employment rights have a great deal
of recognition in the African Charter on Human and Peoples’ Rights.
2.4.1 The Labour Act (2003) of Ghana
The need to bring the then existing fragmented enactments on labour into conformity
with the 1992 Republican Constitution of Ghana and the several International Labour
Organization (ILO) standards (to which Ghana is a signatory), and also to consolidate the
several pieces of enactments on the subject into one statute, engaged the attention of the
social partners namely the Government, Employers and their Organizations and Workers
and their Trade Unions and Associations and resulted in the Labour Act, 2003, (ObengFosu, 2007). This national labour document effectively provides for protection for both
the employer and the employee. The existence of this document and other international
labour documents such as International Labour Organization Conventions and the
ICESCR, 1964, demonstrate the collective effort in the recognition and protection of the
individual employment rights from the national to international levels.
A draft proposal entitled “Proposal for the Consolidation of Labour Laws in
Ghana1993” was produced by the Ghana Trade Union Congress and discussed by the
National Advisory Committee on Labour. This was a move by the Ministry of
Employment and Social Welfare to consolidate the existing Labour Laws. The draft
Labour Bill received cabinet approval in July, 1996 and after going through various
processes, was finally passed on the 25th July, 2003.
The following were identified as innovations on the Act:
21
1. The
registration
of
Private
Employment Agencies,
7. Formation of Trade Union,
2. Rights of Employers and duties
8. Certificate of Registration of
of Employers,
Trade Union,
3. Rights of Workers and duties of
9. Issues of Collective Bargaining
Workers,
4. Fair
and
Certificate,
unfair
dismissal:
10. Establishment
Redundancy,
National
Tripartite Committee,
5. Special Provisions relating to
Casual,
of
Temporary
11. National Labour Commission,
and
12. Settlement of Industrial Disputes
Permanent Workers,
and
6. Freedom of association,
13. Strikes and Lockouts.
These innovations are in line with the words and spirit of the International Labour
Organization Convention on Standard Labour Practices. They give recognition to the
interest and concerns of both the employers and employees in orginazations. The
establishment of the Labour Commission provides a state mandated institution that
would monitor and regulate labour activities and relationship in the country. The
provision for the settlement of industrial disputes recognizes the natural possibility of
abuses and offenses of rights and or entitlements of individuals.
To what extent, however, has the Commission ensured the mutual respect for the
rights and responsibilities of labour market players? The National Labour Commission
seriously lacks the logistics and personnel abilities to carry out its mission of developing
and sustaining peaceful and harmonious industrial relationship through the use of
effective dispute resolution practices. The commission has not also been able to ensure
mutual respect for rights of actors in the labour market.
Section (10) of the Labour Act, 2003 specifically addresses Employees’ Rights with
the following provisions: The rights of the worker include
22
a) The right to work under satisfactory, safe and healthy conditions
b) The right to receive equal pay for equal work without discrimination of any kind
c) The right to rest, leisure, and reasonable limitation of working hours and period
of holidays with pay as well as remuneration for public holidays
d) The right to form or join a trade union
e) The right to be trained and retrained for the development of his or her skills: and
f) The right to receive information relevant to his or her work. ( The Labour Act,
2003)
The Act has in theory, therefore, catered for the protection of workers’ rights as it
applies to all workers and employers except the Armed Forces, Police Service, Prison
Service, Security and Intelligence Agencies specified under the Security and Intelligence
Agencies Act, 1996 (Art 526)
2.4.2 The National Labour Commission of Ghana
The National Labour Commission was officially inaugurated on the 6th April, 2005
which preceded the swearing in of a seven member board by the then President John
Agyekum Kuffour. The membership is composed of representatives from Employers,
Organized Labour, and Government (Opanin, 2005). The mission of the commission is
to develop and sustain peaceful and harmonious industrial relations environment through
the use of effective dispute resolution practices, promotion of co-operation, among
labour market players and mutual respect for their rights and responsibilities.
According to Obeng-Fosu (2007), the functions of the of the Commission include
the following:
1) The facilitation and settlement of industrial disputes.
23
2) Investigation of labour related complaints, in particular unfair labour practices
and take such steps , as it is considered necessary to prevent labour disputes.
3) Settlement of industrial disputes
4) Maintaining a database of qualified persons to serve as mediators and arbitrators.
5) Promoting effective labour co-operation between labour and management.
6) Performing any other function conferred on it under the Labour Act and any
other enactment.
According to Obeng-Fosu (2007) the powers of the Commission include the
following:
a) Receive complaints from workers, trade unions, and employers or employers’
organizations:
i)
On industrial disagreements and
ii)
Allegations of infringement of any requirement of the Act and
Regulations made under the Act.
b) Require an employer to furnish information and statistics concerning the
employment of its workers and the terms and conditions of their employment in
the form and manner the commission considers necessary
c) Require a trade union or any Workers’ Organization to provide such information
as the commission considers necessary.
d) Notify Employers and Employers’ Organization or Workers and Trade Unions in
cases of contravention of the Act and direct them to rectify any default or
irregularities.
The commission has branches in all the regions of Ghana. However, due to the
seeming inefficiency of the National Labour Commission, people with labour related
24
cases resort to CHRAJ. Indeed, if the National Labour Commission functioned
effectively, protection for the rights of actors in the labour market would have been
assured. The National Labour Commission just as most national institutions are in line
with my assertion that state’s institutions are a monumental manifestation of organized
inefficiency.
2.5 Employees Awareness of Employment Rights
The term awareness is defined as knowledge that something exist or an
understanding of a situation or object at the present time based on information or
experience (Cambridge Advanced Learner’s Dictionary, 2008). Modern day concept of
human rights to others is relatively new, thus, people’s perceptions and awareness of the
concept in its various facets influence how they observe others’ rights or demand for
theirs’. Indeed, people’s awareness or even perceptions about issues determine their
reactions and responses towards those issues.
Mensah (2001) opines that, rights are inborn needs and qualities that set human
beings apart from other creatures on earth and the Universal Declaration of Human
Rights (UDHR, 1948) asserts that all human beings are born free and equal in dignity
and rights, endowed with reason and conscience. These views amply indicate that human
beings naturally exercise rights in life and the workplace is not an exception. Various
practices in African Traditional careers have over the years respected employment rights
such as provision of information related to the work, training and retraining, adequate
rest and leisure time etc.
In a similar sentiment, Amoah (2003) wrote that before documentaries on rights, the
African knew he has rights given by the creator. He contended that rights formed bases
25
of Traditional African values system. Although, the African did not formulate or state
rights as we have them in many documents, their views, practices, and values were in
line with current exposition of human rights. Agreeing with Amoah, it is quite reasonable
to state that African and for that matter, Ghanaians were aware of having rights before
the coming into existence of written documents on rights. Work had always formed core
of the life of Ghanaians and respect for the dignity of individuals has always been held
high everywhere including the workplace over the ages.
2.5.1 The Right to Written Statement of Contract of Employment
All employees are entitled to receive a written statement from employers within two
(2) months of starting work. The statement must describe the main terms and conditions
of the employment. Details of the statement should include job title, wages, hours of
work, holidays entitlement, sick pay, pension schemes, grievance, dismissal and
disciplinary procedures (Howard, 1991)
The Labour Act, 2003 of Ghana defines that the employment of a worker by an
employer for a period of six months or more or for a number of working days equivalent
to six (6) months within a year shall be secured by a written contract of employment
which shall express in clear terms the rights and obligations of the parties. The Act
further stipulates that subject to the terms and conditions of a contract of employment
between an employer and an employee, the employer shall within two (2) months after
the commencement of the employment furnish the employee with written statement of
particulars of the main terms of employment and signed by both the employer and the
work (The Labour Act, 2003).
26
Obeng-Fosu (2007: pg 92) has espoused another angle that “Sometimes, the contract
is not written down, but it exists. In view of this once a person applied and accepted an
offer of employment, whether orally or in writing, by presenting himself on the stated
date and stating work, the contract is said to have come into effect.” This view may not
be ideal in practice as it can present challenging moments for employees when they are
subjected to hash treatment. Such employees would not be able to make demands with
reference at appropriate avenues for redress. The case would be different where the
employee has a document of contract stating rights and responsibilities and terms of
conditions of employment.
The Labour Act discourages as much as possible, the situation where employment
would not be covered by a written contract. Deborah & Mmieh (2009) even maintain that
the employee can apply to the Employment Tribunal who may determine what should be
in the written statement if the employer fails to supply a statement within two (2) months
of starting the work.
2.5.2 The Right to Work under Satisfactory, Safe, and Healthy Conditions
Article 15 of the 1992 Ghanaian Constitution provides that “the dignity of persons
shall be inviolable”. Gyan (2002: pg 19) also asserts that every person has inherent worth
as a human being; and his or her dignity must be assured and respected”. This dignity of
a person ought much to be recognized and respected at the place of work. Descent and
safe conditions must be put in place at the workplace to give workers dignity they
deserve at the workplace. Employers are mandated as a duty by the Labour Act, 2003
Section 18 to ensure that every worker employed by them works under satisfactory, safe,
and healthy conditions. Employers are accordingly expected to provide and maintain at
27
the workplace necessary information, instructions, training, and supervision, take steps to
prevent contamination of the workplace from toxic gases, provide adequate safety
appliances, provide toilet and washing facilities, and even supply clean water. Any
employer who fails to provide for satisfactory, safe and healthy conditions at the
workplace is liable for summary conviction to a fine of not exceeding 1000 penalty units
or imprisonment or both (Labour Act, 2003). The spirit behind this provision in the
national labour document is to compel owners of businesses or organizations to commit
the needed resources in providing for the realization of the dignity of their employees.
Enforcement and supervisory institutions and agencies therefore, have the responsibility
of ensuring organizations and institutions comply to the provision.
The reality is unfortunately is horrible especially with reference to private schools.
Structures in many private schools are wooden and are physically harmful to students,
teachers and other users at any time. The quest to have owners of organizations provide
for satisfactory, safe, and healthy conditions would give rise to increased cost of
maintaining the business which can also affect the pay levels of employees. I would
therefore strongly advocate for risk package of money for every employee so as to
enable them regularly access medical attention to keep healthy and strong.
Nicole (2001) strongly argues that all employers have a statutory duty to take care of
the health and safety needs of all their employees. For example, they should provide fist
aid equipment and adequate means of escape in case of fire, protective cloths and ensure
all machinery is safe. Employers must as far as possible ensure protection from
harassment, bullying, and violence at the workplace.
The Canadian Employment Rights Standard emphasis that, the purpose of workplace
health and safety legislation is to protect against health and hazards in the workplace.
28
Accordingly, workers have the basic right to refuse work that they believe presents
danger to themselves or other worker (Palmer, 200)
The right to satisfactory, safe, and healthy work conditions is basic. It is in tune with
Article 1 of the UDHR that provides that “All human beings are born free and equal in
dignity”. The Teachers’ Manual of CHRAJ (2008) however explains that human rights
are universal but not the same in practice. Indeed, varied historical experiences, religion,
culture among others may account for different practices with regard to human rights,
but the right to work under satisfactory, safe, and healthy conditions cannot be optional
anywhere in the world of work
2.5.3 The Right to Receive Equal Pay for Equal Work
“Every worker shall receive equal pay for equal work without any distinction of any
kind” (Labour Act, 2003:16). This provision places emphasis on the nature and volume
of work been performed by workers not academic qualification or seniority been the
determinants of salary levels. This seems to downplay the need for workers to seek to
advance themselves professionally and or academically. Whiles agreeing that equal
attention be given to persons who perform equal work, I would like to draw attention to
the fact that performing the same volume of work would not necessarily result in the
same output. If education is for enlightenment, higher education would result in higher
enlightenment which would manifest in effectiveness and efficiency of persons at work.
Such enlightened individual would very likely use less resource and time to perform
assigned duties at work. Persons with higher qualifications though may be performing
similar work with others, have higher effectiveness and efficiency, hence, should be
given higher remuneration.
29
Remunerations for employees have to be guided by the National Minimum Wage
which is the floor or foundation for the wage structure (Bentil, 2004). Wages must take
into account cost of living differentials. Differences in pay frequently emerge in terms of
seniority. In most work organizations and institutions, the new hire would not be paid the
same rate as the experienced worker, even if both employees perform the same functions.
Wage differences should only be allowed when they are attributable to performance. A
related issue to that of equal pay for equal work is that of comparable worth. The theory
of equal pay for comparable work contends that individuals should receive equal pay
dependent on the performance of tasks that are equally important to society.
The 1992 Constitution of Ghana and Labour Laws prohibit discrimination on the
basis of race, sex, ethnic origin, creed, colour, religion,
social, or economic status
whatsoever which includes wages and salary earned for work done. Some form of
discrimination against women has also been detected in many collective bargaining
agreements especially concerning medical insurance and other benefits. Until recently, in
most of the collective agreements between unions and firms, wives of male employees
could benefit from medical insurance offered by the employer but husbands of female
employee were not covered. A form of unlawful discrimination occurs where a female
worker is paid less than the male counterpart for doing the same or similar work.
International Labour Organization (ILO) Convention No. 26, has provision in Article
1 that member states undertake to “create and maintain machinery whereby minimum
rates of wages can be fixed for workers employed in certain trades in which no
arrangements exists for the effective regulation of wages by collective agreement or
otherwise and wages are exceptionally low”. This makes it unlawful and unacceptable in
30
circumstances where workers are paid and the daily calculation is less than the existing
Minimum Wage.
The Labour Act, 2003, provides that the National Tripartite Committee should
determine the National Daily Minimum Wage. Section 69 of the Labour Act, 2003, of
Ghana also protects employees against unnecessary deduction by way of discount,
interest or any similar charge on account of an advance of remuneration made to worker
in anticipation of the regular period of payment of remuneration. No pecuniary penalty
shall be imposed by an employer upon a worker for any case whatsoever.
2.5.4 The Right to Rest, Leisure, and Reasonable Limitation of Working Hours and
Period of Holidays.
Sections 33 to 39 of the Labour Act cover hours of work. A maximum is set at 8
hours a day or 40 hours a week, except in cases expressly noted in the Act. Provision is
made for overtime work pay, and the Act permits unpaid overtime in certain exceptional
circumstances “including an accident threatening human lives or the very existence of
the undertaking”. Under section 40, workers in continuous workdays are entitled to a rest
period of at least 30 minutes counted as normal hours of work, but where the normal
hours of work are split into two, the break should not be less than one hour duration and
is not counted as part of the normal work hours. Workers have the right to a continuous
daily rest period of at least 12 hours between 2 consecutive work days, and a weekly rest
period of 48 consecutive hours in every 7 days of normal working hours. Section 44
excludes task workers and domestic workers from the 8 hours a day or 40 hours a week
maximum (Labour Act, 2003)
31
Employees are entitled to statutory sick pay if they are off work due to sickness.
In addition, Woode (2000) holds that employees should receive occupational sick pay
from their employers. The 1992 Constitution of Ghana in the same view spells out in
Article 24(2) that every worker shall be assured of rest, leisure, and reasonable limitation
of working hours and periods of holidays with pay as well as remuneration for public
holidays. The teacher employee who has vacation holidays is in this regard the most
favored worker in the country. It becomes unfortunate when owners and managers of
private schools decide not to pay their teachers when they are on vacation holidays with
the excuse that they have not worked. This does not only become a legal issue, but very
importantly, is an issue of right abuse.
2.5.5 The Right to be Trained and Retrained
The Labour Act places special emphasis on training and retraining to enable the
worker to cope with any aspect of the job. Section 8(e) enumerates training and
retraining for the development of his or her skills as one of the rights of a worker. Where
it is necessary to train and retrain a person in order to cope with any aspect of the
person’s employment, the employer may provide or arrange at the employer’s expense
the training or retraining for the person.
Management of schools are expected to organize programs for both newly recruited
and already recruited teachers to refresh their professional skills. Teachers could also be
sponsored to participate in various professional programs or even take further studies.
32
2.5.6 The Right to Form or Join Trade Union
Sections 79 to 95 of the Labour Act cover the formation, registration and free
internal administration of these occupational organisations. Two or more workers
employed in the same undertaking may form a union, and two or more employers in the
same industry or trade, each of whom employs not less than 15 workers, may form or
join an employers’ organisation.
A person who engages in anti-union discrimination is guilty of an unfair labour
practice (section 127); similarly interference by employers in the formation of a union or
in union affairs is prohibited by section 128. Reasonable facilities and time must be
afforded to officers of a trade union, but trade union officers may not engage in union
activities during working hours without the consent of the employer (Labour Act, 2003)
In addition to the TUC and its affiliated national unions other workers
organisations have evolved into strong labour organisations. These include Ghana
National Association of Teachers (GNAT), Ghana Registered Nurses Association
(GRNA), Civil Servants Association (CSA), Textile, Garments and Leather Workers’
Union (TEGLEU) and Judicial Services Association of Ghana (JUSSAG) etc (Daily
Graphic, 20th March, 2011)
The informal sector has virtually no formally recognized unions and developing
potentials to extend unions to the sector will help them have some form of representation
and protection. The Ghana Private Road Transport Union operates fully in the informal
sector whilst the General Agricultural Workers Union through its Rural Workers
Organizations Division has been organizing workers in the informal sector since 1970.
Some efforts are being made by the TUC to bring employees in the informal sector on
board (Obeng-Fosu, 2007).
33
The TUC in its medium term policies for 2004-2008 has recognized the
importance of organizing workers as well as the difficulty involved in organizing the
informal sector, and has developed strategies to deal with the situation. Currently,
almost all the 17 national unions have desk officers responsible for the informal sector
(Hodson, 2010)
Workers in Ghana have exercised the right to form or join a trade union since the
enactment of the Trade Union Ordinance in 1941. The Ghana Trade Union Congress was
formed in 1945. Trade unionism has since grown to cover the majority of workers in the
formal sector of the economy. Union density of the formal sector is estimated at 68
percent (i.e., workers covered by collective agreements). However, estimates of union
density based on the Ghana Living Standard Survey indicate that the union density of the
formal sector was 54 percent in 1992 and 50 percent in 1999 reflecting the dwindling
membership of unions in the 1990s due to the mass retrenchment of public sector
workers (Hodson, 2010)
An employee has the right to join a trade union, and should not be refused a job,
dismissed, harassed or selected for redundancy because they are a member of or wish to
join a trade union. An employee also has the right not to join a trade union if he or she
wishes, and should not be refused a job, dismissed, harassed or selected for redundancy
because they refused to join.
A member of a trade union has the right to take part in trade union activities, for
example, recruiting members, collecting subscriptions and attending meetings. Trade
union activities must take place either outside the employee’s normal working hours or at
a time agreed with the employer. An employee has no right to be paid for this time off
work unless their contract allows for this (Obeng-Fosu, 2007)
34
2.5.7 Work with Dignity
Working with dignity is a foundation for a fully realized life. Despite many
denials of dignity faced daily in the workplace, people still strive to do their best, to take
pride in their work, and to defend themselves against indignities from employers, and
sometimes from coworkers. New challenges are constantly being created for working
with dignity by the inexorable process of technological and organizational change and by
the unrelenting drive of market systems for profit maximization.
In spite of the centrality of the quest for dignity at work by billions of workers
around the world, the pursuit of dignity is rarely a central focus of scholarly writings on
the workplace. The challenges to workers' well-being posed by technological,
organizational, and market forces are sometimes a focus. However, rarely do we consider
the very serious business of how workers respond to these challenges on a daily basis in
the office suite and on the shop floor. The creative and purposive activities of employees
to achieve dignity at work are the central focus of this book. I hope that by considering
these activities we can gain a better understanding of the daily struggle for dignity at
work and the central place it occupies in workers' lives.
Life demands dignity, and meaningful work is essential for dignity. Dignity is the
ability to establish a sense of self-worth and self-respect and to appreciate the respect of
others. Dignity is realized in the political sphere by striving toward democracy and
justice. In the economic sphere, it is realized in the demand for a living wage and equal
opportunity. In the workplace, dignity is realized through countless small acts of
resistance against abuse and an equally strong drive to take pride in one's daily work
Working with dignity requires purposive, considered, and creative efforts on the
part of workers as they confront workplaces that deny their dignity and infringe on their
35
well-being. Concepts appropriate to studying such creative efforts are less developed in
the Social Sciences than are concepts for studying large-scale, impersonal structures.
The three founding figures in the social sciences, Karl Marx, Emile Durkheim,
and Max Weber, provided groundbreaking ideas on the nature of work and human
dignity that set the stage for modern theories of society. Each theorist conceptualized
modern industrial society as entailing profound denials of dignity. For Marx, the central
challenge to dignity was the control of labor by capitalists and their exploitation of
workers, resulting in alienation from meaningful work. For Durkheim, the central
challenge to dignity was the breakdown of social norms or rules governing workplace
relations due to the drive toward endless expansion generated by modern industry
(Hodson,2001)
2.6 Granting of Employment Rights at the Workplace
Employment relationship is somehow a legal notion widely used in countries
around the world to refer to the relationship between a person called an employee
(frequently referred to as .a worker) and an employer for whom the employee performs
work under certain conditions in return for remuneration (Befort 2002). It is through the
employment relationship, however defined, that reciprocal rights and obligations are
created between the employee and the employer. The employment relationship has been,
and continues to be, the main vehicle through which workers gain access to the rights
and benefits associated with employment in the areas of labour law and social security. It
is the key point of reference for determining the nature and extent of employers’ rights
and obligations towards their workers.
36
The profound changes occurring in the world of work, and particularly in the
labour market, have given rise to new forms of relationship which do not always fit
within the parameters of the employment relationship. While this has increased
flexibility in the labour market, it has also led to a growing number of workers whose
employment status is unclear and who are consequently outside the scope of the
protection normally associated with an employment relationship. In 2004, the DirectorGeneral of the International Labour Office described the challenge as follows: “The State
has a key role to play in creating an enabling institutional framework to balance the need
for flexibility for enterprises and security for workers in meeting the changing demands
of a global economy” (International Labour Conference, 2006:12)
In some countries and in some sectors more than others, employment
relationships have become more diversified. They have become much more versatile
and, alongside traditional full-time employees, employers are increasingly employing
workers in other ways which allow them to use their labour as efficiently as possible.
Many people accept short-term employment, or agree to work certain days of the week,
for want of better opportunities. But in other cases, these options are an appropriate
solution, both for the worker and for the enterprise. Recourse to various types of
employment is in itself a legitimate response to the challenges faced by enterprises, as
well as meeting the needs of some employees for more flexible work arrangements.
These various types of work arrangements lie within the framework of the employment
relationship.
At the same time, there are civil or commercial contractual relationships under
which the services of self-employed workers may be procured, but on terms and
conditions which differ from those within an employment relationship. Frequent recourse
37
to such contractual arrangements has become increasingly widespread in recent years.
From a legal standpoint, these arrangements lie outside the framework of the
employment relationship. Above all, of course, the lack of labour protection has adverse
consequences for workers and their families. At the same time, however, the absence of
workers’ rights or guarantees can be counterproductive to the interests of the enterprise
itself and have a negative impact on society generally. Moreover, there is some evidence
indicating that these changes affect women more than men. Workers in these situations
not only lose their rights under labour law, but also have difficulty securing the
protection of the competent inspection services or seeking redress through the labour
courts. In many countries, they are completely excluded from or on the fringe of social
security protection and receive less favourable benefits than those workers recognized as
employees.
The lack of labour protection of workers can also affect employers, to the extent that it
undermines productivity and distorts competition between enterprises, both at national
and sectoral or international level, often to the detriment of those who comply with the
law.
The lack of legal certainty can also result in judicial decisions reclassifying selfemployed workers as employees, with considerable unforeseen economic consequences
for enterprises. At the same time, the reality of work without any prospect of stability or
promotion can ultimately make workers lose their commitment to the enterprise and
contribute to an increasing and costly labour turnover.
Another dimension of the lack of labour protection is the neglect of training,
including training for work in environments where there are inherent risks. Enterprises
can be reluctant to invest in training workers who will probably not be with them for
38
long. The user enterprise is unlikely to train the workers supplied by another firm, except
for very specific purposes. Untrained workers are more vulnerable to accidents in the
workplace and can hamper the competitiveness of the enterprise. Furthermore, a lack of
investment in training can undermine national competitiveness. In addition, in some
sectors which have large numbers of unprotected workers, the negative image can create
serious problems of recruitment and retention of workers. The construction industry is
one example of such a sector.
The lack of labour protection can also impact on the health and safety of third
parties and society in general. Some accidents, such as those caused by heavy vehicles or
major accidents in industrial plants, have caused damage to the environment, as well as
injuries and fatalities to third parties. The link between accident risks and the lack of
workers protection has also been observed in situations where there is extensive use of
proper subcontracting.
2.7 Mechanisms for Employment Rights Promotion and Protection
It should be acknowledged that many countries have reliable enforcement
mechanisms and institutions while many others have not. Poor enforcement and lack of
compliance with the law can be significant factors which explain why many workers lack
protection. The effective implementation and enforcement of rights associated with
employment in many countries is weak because of under resourcing, lack of training and
inadequate legal frameworks. The Labour Inspection Convention, 1947 (No. 81),
provides that a system of labour inspection should secure the enforcement of the legal
provisions relating to conditions of work and the protection of workers while engaged in
their work. It is also recalled that under this Convention, inspection staff are to be
39
composed of public officials whose status and conditions of service are such that they are
assured of stability of employment and are independent of changes of government and of
improper external influences.
Respect for the law is a fundamental principle and there should be a strong
political commitment from the State to ensure compliance with the law, supporting all
mechanisms that facilitate this. There is the need for clear-0cut laws to be enacted with
strong commitment from government to enforcing them. Accordingly, labour tribunal
should be established at every district for faster enforcement of employment rights.
Cooperation should be promoted between the different government enforcement
agencies, particularly the labour inspectorate, the social security administration and the
tax authorities, and there may also be a role for greater coordination with the police and
the customs services. This would enable the pooling and more efficient use of resources
and data to combat abuses arising out of disguised employment arrangements.
Labour administrations and their services have a crucial role to play in
monitoring the application of the law, collecting reliable data on labour market trends
and changing work and employment patterns, and combating disguised employment
relationships. The labour administration institutions should be resourced and equipped
with logistics and personnel.
The problem of enforcement is not limited to the question of resources; it is also
essential that labour administration staff, and particularly the labour inspectorate, receive
appropriate training. Such training should include a good knowledge of the relevant laws
and regulations, including court decisions, relating to how to determine the existence of
an employment relationship. Training materials, which could include guidelines
elaborated by the social partners, could greatly help to enhance the skills of the staff and
40
their capacity to tackle effectively the problems associated with disguised and ambiguous
relationships. In addition, exchange of experiences and working methods in different
countries could be achieved through detachments of professional staff, particularly
between the labour administrations and the labour inspectorates.
To better assess and address the various issues relating to the scope of the
employment relationship, governments should be encouraged to develop a national
policy framework in consultation with their social partners. As stated in the common
statement adopted by the Meeting of Experts on Workers in Situations Needing
Protection (Geneva, May 2000), such a policy might include but not be limited to the
following elements:
 providing workers and employers with clear guidance concerning employment
relationships, in particular the distinction between dependent workers and selfemployed persons;
 providing effective appropriate protection for workers;
 combating disguised employment which has the effect of depriving dependent
workers of proper legal protection;
 not interfering with genuine commercial or genuine independent contracting;
 providing access to appropriate resolution mechanisms to determine the status of
workers.
National labour administrations and their associated services should regularly monitor
their enforcement programmes and processes. This should include identifying those
sectors and occupational groups with high levels of disguised employment and adopting
a strategic approach to enforcement. Special attention should be paid to those
occupations and sectors with a high proportion of women workers. Innovative
41
programmes of information and education and outreach strategies and services should be
developed. The social partners should be involved in developing and implementing these
initiatives.
2.8 Challenges in Granting Employment Rights at the Workplace
There are bottlenecks that bedevil the implementation of the international
conventions, national documents, and constitution and laws’ provisions on employment
rights leading to abuses despite these international conventions and laws protecting the
fundamental human rights.
According to Martey (2008) technicalities in the judiciary make it difficult for the
full implementation of laws. This largely accounts for the reason why many people are
reluctant to report cases of rights abuse. To Appiah (2002), the low success in the
prosecution of cases of violation and the fact that there are situations where the victims
have to face the accused can be intimidating. Indeed, facing the accused in court has the
tendency of causing the victim to relieve the painful and humiliating experience. People,
therefore, feel reluctant to resort to the criminal procedure system. However, Heidi in
quoting Subrata (1999) believes that the legal process is the means for changes in
harmful practices in the society. She maintains that legal precedent can be a powerful
tool leading to reform, and that the legal system can function as a catalyst for change.
Saksena (1989) cited in Falk (1991) believes that perception of human rights as a
Western ideal makes its acceptance difficult, hence, the implementation. He, however,
explains that this could be a sheer excuse for states to take off their responsibilities to
international conventions. The desire to maintain the traditional status quo according to
Howard (1991) is also a challenge confronting the implementation of international
42
human rights conventions. He opines that there are some people who, no matter their
status or achievement may still choose not to make claims that appear to go against the
generally accepted norm, since such acts may be regarded as unthinkable.
2.9 Ontological and Epismological bases of the study
Ontology is concerned with the nature and essence of things in a social world
(Cohen, Mansion & Morrison, 2007; Gray, 2004 cited in Kusi, 2012). Researchers could
view social reality as external, independent, given and objectively real or socially
constructed subjectively experienced and the real result of human thought as expressed
through language Siker, 2004 cited in Kusi, 2012). The former ontological assumption
relates to the realist school of thought that argues that social reality has external
existence and therefore can be accessed through scientific approaches which are
objective in nature. The latter ontological assumption relates to the normalist school of
thought that social reality is the result of human thinking (Burrell & Morgan, 1979).
Epistemology is what constitute knowledge and whether it is possible to know
and understand and re-present (Siker, 2004 cited in Kusi, 2012). Gray (2004) writes that
there are three epistemological positions. The objectionist epistemology argues that
knowledge exist independently of the knower and therefore research seeks to discover
such truth through scientific approach. This epistemological standpoint is linked to the
realist argument. Subjectivist epistemology argues that participants have the ability to
construct knowledge. The constructivist epistemology however, argues that meaning is
constructed not discovered, so subjects construct their own meaning in different ways,
even in relation to the same phenomenon (Gray, 2004).
43
This work is in line with the normalist ontology and the constructionist
epistemology. As a result the researcher had to interact with the sample for the study so
as to obtain the data. The work is also along the critical paradigm which argues that
social reality is better understood when researchers take into consideration the sociopolitical and historical factors of individuals and groups in the society. Henn, Weinstein
and Foard (2006:16) outline that “researchers working in the critical paradigm aim to
expose inequalities, malpractices, injustices and exploitations, give voice to the excluded
and marginalized groups; and help explain generalized oppression in order to
precipitate social change”. This is achieved through the identification and
documentation of the situation of the exploited.
2.10 Conclusion
This chapter covered a review of related literature on the topic. It also presented
the ontological and epismological bases of the study. The next chapter will present the
methodology employed by the research in the conduct of the research.
44
CHAPTER THREE
METHODOLOGY
3.0 Introduction
This chapter outlines the methodology employed in carrying out the study. It
describes the approach, procedures and techniques that were adopted in the study. These
include the research design, study area/ setting, study population, sample, sampling
techniques, instruments, validity and reliability and conclusion.
3.1 Research Design
According to Trochim (2006), research design can be thought of as the structure
of the research; it is the “glue” that holds all of the elements in a research project
together. It is a plan of what to gather, from whom, how and when to collect the data,
and how to analyze the data obtained. Bryman (2001) points out that when designs of the
two approaches (Quantitative and Qualitative) are combined, they help in supporting and
collaborating each other.
The researcher employed the descriptive survey design for the study. Crosssectional survey was used in the study where data on employment rights in the private
Senior High Schools were gathered from teachers at one point in time. Subsequently, a
description of the extent to which employment rights with reference to the provisions in
the Labour Act of Ghana are respected in the schools was done. The descriptive survey
design involving qualitative and quantitative (Mixed Method approach) data analysis
procedure enabled me to look at issues related to employees’ awareness of employment
45
rights in a systematic manner. The design was chosen because it allowed me to have indepth data on the topic.
3.2 The Study Area
The research was carried out in the Central Region of Ghana. It was in the
Central Region that the Europeans first settled which had a great influence in their way
of life. As a result of the settlement of the Europeans, formal education started in the
Gold Coast (Ghana’s former name) from the Central Region. The region has majority of
the Senior High Schools in the country and two of the six public universities in the
country namely the University of Education, Winneba and the University of Cape Coast.
The region also has five private universities.
The region with an estimated population of 1,593,823, according to the 2000
Population and Housing Census, has seventeen political administrative units or assemblies.
Majority of the population of the region earn their living through fishing and farming.
The major towns in the region have appreciable level of infrastructural development.
Most private schools in the region lack infrastructural development. Employment
into the schools is done as at when the need arises. Prospective teachers send in
application and are invited for interview. Majority of teacher employees in the schools
are graduates from universities with few others holding Maters Degree. Remunerations
in the study schools are generally poor.
3.3 The Study Population
The population for the study consisted of teachers in Private Senior High Schools
in the Central Region of Ghana. However, the accessible population was full-time
46
employed teachers in the five selected Private Senior High Schools in the Central Region
of Ghana. The size of the population was one hundred and forty (140) persons. This
consisted of twenty eight (28) teachers in Great Lamptey Mills Senior High School,
Kasoa, twenty six (26) teachers in Zion Girls’ Senior High School, Winneba, thirty eight
(38) teachers in St. Andrew Senior High School, Mankesim, twenty five (25) teachers in
Sammy Otoo Senior High School, Cape Coast, and twenty three (23) teachers in
Greenfield Senior High School, Swedru. The study population was made up of graduates
from universities with 87% of them holding first degree and 12% holding second degree.
The table below shows the distribution of the target population by institutions.
Table 3.1: Distribution of Population by institutions
NAME OF INSTITUTION
NUMBER OF TEACHERS
LAMTEY MILLS SHS, KASOA
28
ZION GIRLS’ SHS, WINNEBA
26
GREENFIELD SHS, SWEDRU
38
SAMMY OTOO SHS, CAPE COAST
25
ST. ANDREWS SHS, MANKESIM
23
TOTAL
140
3.4 Sample and Sampling Techniques
Fraenkel and Wallen (2000) define a sample as a group in a research on which
information is obtained. In all, fifty (50) randomly sampled male and female teachers
were selected from the five (5) conveniently chosen Private Senior High Schools in the
Central Region. The distribution of the teachers was ten (10) from Great Lamptey Mills
Senior High School, Kasoa, ten (10) teachers from Zion Girls’ Senior High School,
Winneba, ten (10) teachers from Sammy Otto Senior High School, Cape Coast, ten (10)
teachers form Greenfield Senior High School, Swedru, and ten (10) teachers from St.
47
Andrews Senior High School, Mankessem. Table 3.1 below shows the distribution of the
sample over the selected schools for the study.
Table 3.2: Distribution of Sample by institutions
NAME OF SCHOOL
NUMBER OF TEACHERS
LAMTEY MILLS SHS, KASOA
10
ZION GIRLS’ SHS, WINNEBA
10
GREENFIELDS SHS, SWEDRU
10
SAMMY OTOO SHS, CAPE COAST
10
ST. ANDREWS’ SHS, MANKESIM
10
TOTAL
50
According to Trochim (2006), sampling is the process of selecting units (eg
people, organizations) from a population of interest so that by studying the sample we
may fairly generalize our results back to the population from which they were chosen.
The sampling techniques used in the study were the purposive, simple random and
convenience sampling.
Private Senior High Schools in the Central Region were purposively selected
because the study focused on private schools. Through convenience sampling, five (5)
Private Senior High Schools namely Great Lamtey Mills, Uncle Rich, Sammy Otto,
Greenfield, and St. Andrews Senior High Schools were selected. This was done with a
consideration to where the researcher lived. These schools were selected from a total of
twenty eight (28) Private Senior High Schools (PSHS) in the Central Region. The
schools were sole owned.
After convenience sampling was employed to select the five (5) schools, simple
random sampling was used to select the teachers in the schools to form the sample for
the study. Fraenkel and Wallen (2000) explain that simple random sampling is one in
48
which each and every member of the population has an equal and independent chance of
being selected. Accordingly, lists of all teachers who had worked for a year or more in
the five schools were prepared. The lists of teachers of each school were further arranged
alphabetically. The first ten even numbered names were then selected to constitute the
sample.
Seventy percent (70%) of the sample was male while 30% was female. The
sample was male dominated because, majority of the teachers in the schools were males,
hence, males had a higher probability of been selected through the simple random
sampling process.
Table 3.3: Distribution of Sample by Sex
Valid
Frequency
Percent
Valid Percent
Cumulative Percent
MALE
35
70.0
70.0
70.0
FEMALE
15
30.0
30.0
100.0
Total
50
100.0
100.0
3.5 Research Instruments
The researcher employed questionnaire and interview guide to gather data.
3.5.1 Questionnaire
Questionnaire protocols were prepared and distributed to the selected teachers in
the five selected Private Senior High Schools in the Central Region. The items were
structured to gather from respondents, information on their awareness of employment
rights, the extent to which employment rights are granted in their schools, and the
measures or mechanisms to adopt to ensure employees’ rights are granted in the schools.
These were self-completion questionnaires. The instrument designed was Likert-Scale
49
type questionnaire. The questionnaire items specified responses of five options only;
“Strongly Disagree”, “Disagree”, “Undecided”, “Agree” and “Strongly Agree”.
The instrument of questionnaire was used because all the teachers could read,
understand, and write. It also allowed respondents to feel comfortable and free to
respond without the influence of the researcher. It therefore helped to find out how the
employees really feel about their employment rights. The Questionnaire also made it
possible for the researcher to reach out to the respondents within a good frame of time
and without worry about one respondent being influenced by another.
I personally handed over questionnaire protocols to respondents after a brief
discussion on the purpose of the research. The protocols were with them for a week after
which I got back to them to retrieve them.
3.5.2 Interview
Open-ended questions interview guide was designed and used to interview five
(5) randomly sampled teachers; one (1) each from the five participating schools. The
interview was on awareness of employment rights, observance of employment rights and
the measures to adopt to ensure respect for teachers’ employment rights in the schools.
The interviews which were on one-on-one basis were recorded with a sound recorder.
The various responses were transcribed, organized, and relevant data was put into tables.
Interview as an instrument allowed the researcher to have direct contact with the
selected teachers of private schools in the Central Region for discussions in which
detailed information was obtained on specific issues regarding employment rights
awareness, extent of respect for employment rights and measures for the promotion of
employment rights. The researcher also had the opportunity to read facial expressions
50
and gestures which formed a good source of information to the researcher.
The
researcher again had the chance to ask follow-up questions for clarifications by
respondents.
To administer the interview, the researcher booked time ahead with respondents.
On the day of interview, the respondents were given brief introduction of him and the
focus of the research after which the questions were asked and responses recorded with a
sound recorder.
3.6 Validity and Reliability
Validity and reliability are important issues to be considered by researchers for
the information they obtain from their research works to serve the purposes for which the
researches were carried out. According to Fraenkel and Wallen (2000), validity refers to
the appropriateness, meaningfulness, and usefulness of the inferences a researcher makes
and reliability refers to the consistency of scores or answers from one administration of
an instrument to another, and from one set of items to another. They identify contentrelated validity, criterion-related validity and construct-related validity. Cohen, Manion,
and Morrison (2000), explain content validity as where the instrument fairly and
comprehensively covers the domain or items that it purports to cover.
To achieve content validity, a labour expert at the Labour Commission
thoroughly read through the items of the instruments and related them carefully to the
research questions. Care was made to ensure that they were in line with the research
questions as contained in Chapter One which were framed with reference to the
provisions in the Labour Act, 2003. For face validity, the researcher made three
colleague friends to read through the items and made suggestions.
51
To achieve criterion- related validity, which has been explained by Fraenkel and
Wallen (2000) as the relationship between scores or data obtained using the instrument
and the scores obtained using one or more other instrument or measures, the researcher
used two major instruments namely questionnaire and interview. What items in the
questionnaire solicited from respondents were exactly what the interviewees were asked
to respond to. The interviewees were sampled from the people who answered the
questionnaire and the obtained responses were compared.
To achieve construct validity, the researcher worked with the operational
definition of workers’ rights as expressed by the Labour Act, 2003 of Ghana. The main
variable, therefore, was determined by an existing acceptable, legal document.
Meanwhile, Fraenkel and Wallen (2000) identify other forms of validity such as face
validity, internal validity, external validity, concurrent validity, consequential validity,
and predictive validity.
To achieve reliability, the researcher adopted the ‘‘Test, Re-test’’ approach.
Accordingly, the researcher conducted pilot data gathering by administering the
instruments and information noted. A second administration of the instruments was made
and data collected was compared to the first one. The extent to which data from the
respondents are consistent defines the degree of reliability. The researcher managed the
time effect possibility by scheduling time that allowed respondents to retain relative
position; two weeks. The use of two instruments (questionnaire and interview) with same
items to the people helped to obtain reliability.
52
3.7 Ethical Considerations
The following are how some ethnical issues were handled by the researcher.
1. I had a letter of introduction from my department to the management of all the
schools involved in the study to identify as a student of the department
undertaking an approved area of research for academic purpose.
2. Permission was sort from management of the schools to use employees of their
schools for the study and was accordingly granted.
3. The management of the schools and employees were dully informed of the
purpose and nature of the study and chance was given to anyone who wished to
opt out. No one, however, opted out.
4. Permission was also sort from the interviewees and consent granted for audio
recording of the interview proceedings to be made.
5. Any information that could lead to the identity of the individuals involved such as
names were avoided. No photograph or visual image was taken of anybody.
3.9 Conclusion
This chapter has outlined the methodology employed in the gathering of data. It looked
at the research design, study area, study population, sample, and sample techniques. It
also looked at the instruments the researcher employed in gathering the data, how
validity and reliability of the data were ensured and the limitations of the study. The next
chapter looks at the data analyses and results.
53
CHAPTER FOUR
PRESENTATON OF FINDINGS
4.0 Introduction
This chapter presents and analyses the data gathered for the purpose of answering
the research questions. The data analyses were guided by the research questions as set
out in Chapter One. The presentation of the data is supported with tables and charts with
keys for their interpretations. The data was obtained from questionnaires and interviews
which were the main instruments of the research. The analyses blends data obtained
through the questionnaire and interview.
4.1 Awareness of Employment Rights among Teachers in Private Senior High
Schools in Central Region
To find out the extent of awareness of employment rights among teachers in the
Private Senior High Schools in the Central Region, the researcher used questionnaire and
interview. Respondents were required to indicate whether they had “Insufficient” (INS),
“Sufficient” (SU), or “Not at All” (NA) awareness of employment rights. The responses
are as expressed in Tables 4.1.below.
Table 4.1: Awareness of employment rights
Valid
Frequency
Percent
Valid Percent
Cumulative Percent
NOT AT ALL (NA)
5
10.0
10.0
10.0
INSUFFICIENT (INS)
42
84.0
84.0
94.0
SUFFICIENT (SU)
3
6.0
6.0
100.0
Total
50
100.0
100.0
100.0
Source: Field Data (2011)
54
It can be seen from Table 4.1 above that five (5) of the fifty (50) respondents
(representing 10%) were not aware of employment rights, forty two (42) respondents
(84%) were insufficiently aware of employment rights and three (3) respondents (6%)
indicated they had sufficient awareness of employment rights.
Eventhough, a ninety percent (90%) of the respondents indicated they had some
level of awareness of employment rights, majority of the respondents (84%) had
insufficient awareness as indicated “INS”. A sum of this (84%) and the 10% of those
who indicated they did not have any knowledge of employment rights at all gives a
rather high proportion (94%) of the respondents been inadequate in knowledge with
regards to employment rights. This confirms Shorts’ (2007) assertion that many
Ghanaians including employers, highly educated, and job seekers have little knowledge
about employment rights. On the other hand, the 10% of the fifty (50) respondents who
indicated they had “sufficient” knowledge of employment rights was rather a small
portion of the total sample.
Since majority of the respondents did not have adequate knowledge of
employment rights, they could not have challenged their abuses. Some respondents
attributed the lack of employees’ awareness of employment rights to inadequate public
education on employment rights. They held the view that governmental agencies such as
the National Commission on Civic Education (NCCE), Information Service Department
(ISD) and the Commission on Human Rights and Administrative Justice (CHRAJ) who
have the primary responsibilities of educating and informing the public were
inadequately financed and resourced by government which has virtually grounded these
institutions. The large scale lack of awareness of employment rights among employees
led to abuses; either also out of ignorance or deliberately by their employers.
55
With regards to the existence of the Labour Act, 2003, the legal national
document that provides workers with rights and regulates Labour relations in the
country, it was realized that most of the employees had insufficient knowledge about the
existence of the document. The responses are represented in Table 4.2 below.
Table 4.2 Awareness of the Labour Act, 2003
Valid
Frequency Percent
Valid Percent
Cumulative Percent
NOT AT ALL (NA)
4
8.0
8.0
8.0
INSUFFICIENT (INS)
42
84.0
84.0
92.0
SUFFICIENT (SU)
4
8.0
8.0
100.0
Total
50
100.0
100.0
Source: Field Data (2011)
The responses from Table 4.2 indicate forty six (92%) of the employees were
aware of the existence of the labour document. Whiles forty two of the respondents
(84%) of them had “insufficient” awareness of the existence of the document, 4
respondents (8%) had “sufficient” awareness. Another eight percent (4 respondents)
were not aware of the document at all.
Respondents who were not aware of the existence of the Labour Act, 2003
explained that it was due to the scarcity of the printed document in the system. Some,
however, acknowledged seeing copies of the document but just that they did not boarder
to give it attention. This is a reflection of the general lack of concern for knowledge
among the Ghanaian public.
Through the use of questionnaire, it was discovered that fifty eight percent (58%)
of the respondents had not read the Labour Act, 2003. Twenty other respondents (40%)
indicated they had done insufficient reading of the document. One respondent (2%) had
done sufficient reading of the document. It was however, realized that forty four (88% of
56
the 50 respondents) had heard about portions of the document through various media.
Fifty eights percent (58%) of them heard “small” about the document whiles ten (10)
(20% of the respondents) had “sufficient” hearing about the document. Out of the 50
respondents, 6 (12%) of them had not heard about the Labour Act, 2003 of Ghana. This
was supported by the following response in an interview with a teacher employee to the
question “Have you heard about the Labour Act, 2003 of Ghana?
Yes, I have heard about it from my colleagues at work. I have also heard it
been discussed over the radio and even in the television but have not read
it. I have only read parts of the document from the dailies.
(Interview data; 2011)
There was a widely held view among the respondents that they had not heard much about
the labour document because, they has been little effort to inform people about it by the
various mandated bodies through the available means.
4.2: Granting of Employment Rights in Private Senior High Schools in Central
Region
The second research question of the study focused on finding out the extent to
which employment rights were granted in Private Senior High Schools in the Central
Region of Ghana. The data was obtained through questionnaire and interview.
Respondents were presented with various statements and their responses revealed the
extent to which employment rights were granted at their institutions of work. The
statements were categorized into “Respect for Employment Rights”, “Termination of
Employment”, “General Conditions of Employment”, “Discrimination”, “Dignity,
Harassment and Threats” and “Trade Union Membership, Relevant Job Information, and
Training and Retraining”.
57
4.2.1: Respect for Employment Rights
On protection of employment rights, the concern was to ascertain the extent to
which the employment contracts of employees had protection. It was discovered that
many employees did not have written contract of their employment. The histogram
below expresses the responses that were obtained from the respondents
Figure 4.1 Written Contract of Employment
KEY:
1 = Strongly Agree (SA), 2 = Agree (A), 3 = Undecided (UN), 4= Disagree
(DA), 5 = Strongly Disagree (SDA)
From the histogram above, one respondent (2%) indicated “strongly agree”, eight
respondents (16%) indicated “agree”, one respondent (2%) indicated “undecided”,
twenty respondents (40%) each indicated “disagree” and “strongly disagree” respectively
to having a written contract of their employment. This clearly indicates that eighteen
(18%) of the respondents had a written contract of their employment appointment while
forty (40) respondents representing 80% did not have a written contract of their
58
employment appointment. The eighteen percent (18%) responses is the sum of (SA) and
(A) while the forty (40) respondents expressing eighty percent (80%) is the sum of (DA)
and (SDA)
The above responses are indicative of the fact that majority of employees in the schools
had no evidence of contract of employment.
This is in contravention of the Labour Act. 2003 provision in Section 12(1) that
“the employment of a worker by an employer for a period of six months or more or for a
number of working days equivalent to six months within a year shall be secured by a
written contract of employment”. The employees would not therefore have written
statement of terms of the contract of employment which also goes against provision in
the Labour Act, 2003 Section 13 that states “subject to the terms of conditions of a
contract of employment between an employer and a worker, the employer shall within
two months of commencement of the employment furnish the worker with written
statement of the particulars of the main terms of the contract of employment in the form
set in Schedule I of the Act signed by the employer and the worker”. The practice in the
schools is a reflection of the general trend in the private sector where employers
deliberately refuse to give employees written document of contract of employment so
that they could at any time manipulate their employees when issues came up.
However, the result from the study is in line with Obeng-Fosu’s (2007) view that
sometimes the contract is not written down. In view of this, once a person applied and
accepted an offer of employment, whether orally or in writing, by presenting oneself on
the stated date and starting work, the contract is said to have come into effect. This may
not be ideal as it can pose challenges for employees when issues concerning their
employment arise. Employees must therefore exist on getting a written document of the
59
contract of their employment through all possible means including applying to
Employment Tribunal as Deborah and Mmieh (2009) maintained.
While some employees through interview held the view that the right to a written
contract of employment in their institutions of work was not respected due to the lack of
monitoring and supervision for compliance by the appropriate institutions, others
maintained that it was largely due to the ignorance among employers and employees that
it is a right. It was also identified that failure of employees to persist in demanding for
written contract of their employment due to possible harsh responses from employers
also contributed to making the case much prevalent.
Still on respect for employment rights, it was also discovered through interview
that employees considered their work conditions as not been satisfactory, safe and
healthy. The histogram below represents the views expressed by the respondents.
Figure 4.4 Satisfactory, Safe and Health Conditions
KEY: (SA), 2 = Agree (A), 3 = Undecided (UN), 4= Disagree (DA),
5 = Strongly Disagree (SDA)
60
From the histogram above, twenty eight (28) respondents (56%) generally
disagreed that they worked under satisfactory, safe and healthy conditions whiles ten
(10) respondents (20%) strongly disagreed. Six (6) respondents representing (12%)
however agreed they work under satisfactory, safe and healthy conditions. Another six
(6) respondents (12%) were undecided. A total of thirty eight (38) respondents
representing 76% (DA+SDA) indicated they did not work under satisfactory, safe, and
healthy conditions.
The high percentage of responses indicating they did not work under satisfactory,
safe and healthy conditions suggest the well being of the workers in the study schools
was compromised. The 76% responses that indicated they do not work under
satisfactory, safe, and healthy conditions gives an estimate of 8 out of 10 persons being
at both physical and health risks at the work in private senior high schools in the Central
Region of Ghana. The following responses from interviews with selected employees in
the study schools to the question “Do you work under satisfactory, safe, and healthy
conditions” add up to the state of the situation.
Respondent A:
O.K. Actually, to some extent, I will say our environment conditions are
not safe and healthy because when talking about a healthy environment,
you consider provisions made by the school authority to ensure that the
health and other needs of the teachers and other workers are met and
since, there isn’t any such structured measures put in place, I will say it is
not safe and healthy. For example, there is no single sick bay this school.
(Interview data; 2011)
Respondent B:
Our conditions here are not safe at all. You can see some of our
buildings are wooden and pieces of wood hang all over. This is risky. You
can also see that some of our buildings have no windows. Generally,
there is no planned intervention for the health needs of employees in this
school: no sick bay, no first aid, nothing. (Interview data; 20011)
61
The result from the responses is inconsistent with the provision in Article 24(1)
of the 1992 Ghanaian Republican Constitution clearly stating “every person has the right
to work under satisfactory, safe and healthy conditions” and Section 10(a) of the Labour
Act, 2003 of Ghana that has the same provision. The situation in the schools reveals the
inefficient functioning of various supervisory institutions in the state such as the Ghana
Education Service, CHRAJ and bodies as the Association of Private Schools of Ghana.
On salary, respondents largely indicated that they did not receive equal pay for
equal work. The Pie Chart below represents the views of the respondents.
43.2
43.2
100.8
180
Figure 4.3 Equal pay for equal work
Form the pie chat, 39 respondents, representing 78%, generally disagreed that
they received equal pay for equal work without any distinction. Out of this, fourteen (14)
respondents, representing 28%, strongly disagreed and 50% disagreed. Six (6)
respondents which represent 12% on the other hand agreed that they received equal pay
for equal work. Another 12% of the respondents were undecided.
62
Responses from thirty four respondents (78% of the fifty respondents) showed
there was salary discrepancy in their institutions of work. Interview responses suggested
number of years in service, academic qualification, and individual negotiation capacity
as determinants of the levels of salary. One of such responses is as follows
We perform similar work (teaching, marking, recording, planning,
guidance and counseling etc) but some teachers receive higher salary
than others. The number of years one has worked with the school, the
academic qualification, the individual negotiation among other
considerations determine the salary levels of teachers in this
school.(Interview data; 2011)
The responses were based on the kind and volume of work performed compared to the
salary received at the end of the month. The few responses (12% of the fifty respondents)
that agreed they received equal pay for equal work could have done so out of assumption
since a similar number of responses indicated they were undecided as to whether they
received equal pay for equal work done. Even the sum of those who disagreed they
received equal pay for equal work done and those who were undecided form a small
proportion of the sample. This is indicative of the fact that there were no salaries
structures in the study schools and payment structures could not be defined.
The above findings indicate a contradiction with provisions in the Labour Act,
2003. Section 10(b) stipulates the right to receive equal pay for equal work as the right of
the worker. The same provision is captured in Section 68 of the same Act under the
broad heading “Protection of Remuneration”. The result also goes against provision in
Article 24 (c) of the 1992 Republican Constitution of Ghana which states “every worker
shall receive equal pay for equal work without distinction of any kind” and that of
Article 23(b) of ICESCR, 1964 with the same provision.
Furthermore, majority of the respondents indicated that they did not get rest,
leisure and reasonable comfort at work. This can be seen in Table 4.5 below.
63
Table 4.5: Rest, leisure and reasonable comfort at work
Valid
Frequency Percent
Valid Percent
Cumulative Percent
STRONGLY AGREE (SA)
2
4.0
4.0
4.0
AGREE (A)
12
24.0
24.0
28.0
UNDECIDED (UN)
2
4.0
4.0
32.0
DISAGREE (DA)
28
56.0
56.0
88.0
STRONGLY DISAGREE (SDA)
6
12.0
12.0
100.0
Total
50
100.0
100.0
Source: Field Data (2011)
The figures from Table 4.5 above indicate that 28% (SA+A) agreed that they got
rest, leisure and reasonable comfort at work. While 4% of the respondents strongly
agreed, 24% generally agreed. However, 68% (DA+SDA) of the respondents indicated
disagreement to getting rest, leisure and reasonable comfort at work. As 56% of the 68%
responses disagreed, 12% strongly disagreed and 4% were undecided.
The human being is not a machine, hence, requires rest, leisure and comfort during the
discharge of his or her duties. Unfortunately, the responses from the table reveal that
owners and management of the study schools did not allow for the workers to have rest
during working hours. The responses show a strong disagreement as 68% responded to
the effect that they did not get rest, leisure and reasonable comfort at work. The smaller
percentage of twenty-eight (28%) responses that agreed makes the situation not desiring.
Clearly, the right of the worker to have rest, leisure and reasonable limitation of working
hours as contained in Section 10(c) of the Labour Act, 2003 of Ghana has not been
respected. Similar provision in Article 24(2) of the 1992 Constitution of Ghana has been
ignored.
The many components of the teacher’s job which have to be carried out every
day was identified as the factor behind teacher employees not enjoying rest, leisure and
reasonable comfort at work. The teacher is expected to plan lesson, deliver lesson, give
64
assignments, mark, and record and give feed-back to students, guide and counsel, settle
disputes, maintain discipline, attend to assigned duties by management among many
others in a day. These activities make the teacher employee much occupied throughout
the working hours and sometimes beyond.
4.2.2 Termination of Employment
On termination of employment, a set of statements was framed to ascertain when
and how employers terminated the employment contract of their employees. The
respondents were expected to indicate the number of witnessed contracts terminated, the
time of prior notices that were given, how earned remunerations were paid, and whether
or not victims were told of the reasons for the termination of their employment contracts.
It was discovered that termination of the employment of employees was rampant in the
schools. All the respondents had witnessed the termination of the contract of
employment of persons in their institutions. This is seen from the perspective that some
of that some of respondents had worked for just a year in their institutions yet had
witnessed termination of contract. The incidence was so pronounced that 12% of the
respondents had witnessed up to ten (10) persons and above.
The responses revealed that the owners and or management of the institutions in most
cases took decisions on termination and executed them without consultations with
persons who mattered. Only 10% of witnessed contract termination victims had prior
notice. This might have been due to the fact that these victims committed serious
offences. This is against the provision of the Labour Act, 2003 of Ghana in Section 17.
Section 17 (1) A contract of employment may be terminated at anytime by either
party giving to the other party,
65
a) In the case of a contract of three years or more, one month’s notice or one
month’s pay in lieu of notice;
b) In the case of a contract less than three years, two weeks’ notice or two
weeks’ pay in lieu of notice; or
c) In the case of contract from week to week, seven days’ notice.
The Labour Act, 2003 of Ghana also indicates that the notice must be in writing and the
day on which the notice is given must be included in the period of notice.
Some interviewees explained that the absence of written contracts of employment
was the cause of termination of the contracts without prior notice. Others held the view
that the world-wide recognition of the principle of employment-at-will where an
employer can employ and terminate employment of persons as to when he or she
chooses contributed to the practice of termination of employment without prior notice to
victims.
It was also identified that some victims of employment termination were not
informed of the cause(s) of the termination. This was indicated by a sixty six percent
(66%) of the fifty respondents. A twelve percent (12%) of the respondents however
indicated that employees who had their employment terminated were informed of the
cause(s) of the termination. Another 22% indicated they did not know whether the
victims were informed of the cause of their employment termination.
The 66% responses indicating victims were not informed of the cause(s) of the
termination of their employment coupled with another 22% of the responses who
indicated they did not know whether victims were informed or not point to the fact that
employment terminations were arbitrary and could have been over minor or no causes.
66
According to the interviewees, this practice by owners and management of the selected
private schools in the region was used to suppress employees and make them mere
instruments of production.
On payment of remuneration earned by employees before termination of their
employment, majority of the views pointed out that employees were not paid. The table
below shows the responses that were expressed by the respondents.
Table 4.9: Payment of remunerations
Valid
Frequency Percent
Valid Percent
Cumulative Percent
NONE
24
48.0
48.0
48.0
PROMPTLY
2
4.0
4.0
52.0
LATER
4
8.0
8.0
60.0
DON'T KNOW
20
40.0
40.0
100.0
Total
50
100.0
100.0
100.0
Source: Field Data (2011)
It can be seen from Table 4.2.4 that twenty four of the fifty respondents (48%) indicated
that victims were not paid remunerations when their contracts were terminated. Only 4%
of the fifty respondents indicated victims were paid their remunerations promptly. Eight
percent (8%) indicated the victims were paid their remunerations later on. Forty percent
(20 of the 50 respondents) indicated that they did not know whether the victims were
paid their remunerations or not.
The rather high 48% of the responses that indicated victims were not paid their
remunerations earned before the termination with compensation shows a contravention
of the Labour Act, 2003 provision. The 40% response that indicated they did not know
made the picture more worrying since much of that might form part of those who never
received payment of remuneration and compensation when their appointments were
terminated. The 4% and the 8% that indicated payments were done promptly and later
respectively, together, represent a very small fraction of victims that got fair treatment.
67
This is a reflection of the unfairness that pertains in the private senior high schools with
regards to payment of entitlements due.
The findings depict the disregard shown to the provision in Section 18(1a) of the
Labour Act, 2003 of Ghana. The provision in this section clearly states that when a
contract of employment is terminated, the employer shall pay to the worker any
remuneration earned before the termination. Section 18(2) of the Act adds that the
employer shall pay to the worker not later than the date of expiration of the notice all
remuneration due to the worker as at the date.
4.2.3 General Conditions of Employment
Through the administration of questionnaire and interview, data was obtained on
general conditions of employment at the places of work of employees. In soliciting data
on employees receiving their full salary at the end of every month regularly or not, the
researcher used questionnaire. Employees disagreed that they received equal pay for
equal work. The obtained responses are pictorially expressed in a bar chart below.
68
Fig 4.5 Monthly payment of full salary
Source: Field Data (2011)
From the Bar Chart above, ten (10) respondents (SA+A) representing 20% of the
fifty respondents agreed that they received full pay at the end of every month regularly;
six respondents (12%) of them generally agreed while four respondents (8%) strongly
agreed. Forty respondents (80%) (DA+SDA) indicated they disagreed they received full
pay at the end of the month regularly with nine (9) respondents (18%) indicating they
strongly disagreed that they received full pay at the end of the month.
It is evident from the responses expressed in the histogram above that majority of
the employees in the schools agreed they did not receive full pay of their salary at the
end of every month. This is seen in the 70% disagreed responses expressed. This means
employees could not say how much their monthly salary was as they were paid any
amount at the end of months. This was perhaps, based on the owners’ feeling of
satisfaction or otherwise of the employee’s work during the month. The 12% responses
69
that indicated agreement of receiving full pay at the end of the month is rather a small
fraction of the respondents and was explained to be employees who were in the good
books of owners and management of their schools.
While management of many of the schools used non-payment of fees by the
students as an excuse for not paying employees their full salary at the end of the months;
others cited on-going construction projects in the schools as excuse. The former excuse
was, however, refuted by interviewees saying that any student who did not pay school
fees was sent away. The second excuse was also seen by interviewees as highly
unfortunate and unfair as they maintained that structures without quality tuition would
not attract any parent to bring the ward for admission. Preference for spending on
constructions over payment of employees’ salary was considered as a misplaced priority.
It was further realized that employees were not even paid their salaries at the end
of every month regularly. The data from the questionnaire and excerpts from interview
below vividly express this finding.
21.6
57.6
43.2
247.6
Fig 4.6 Regular payment of salary
Source: Field Data (2011)
70
The responses from respondents expressed in the pie chart above indicate that six
percent (6%) of the fifty respondents indicated “Strongly Agree” and twelve percent
(12%) indicated “Agree” to the statement “My salary is paid to me at the end of every
month regularly”. Sixty six percent (66%) of the respondents indicated “Disagree” and
another sixteen percent (16%) indicated “Strongly Disagree”. A sum of 82% of the
respondents disagreed that their salary was paid to them monthly and 18% agreed they
received their salary at the end of every month.
The result shows that there were months that employees’ salaries were not paid to
them. Payment of their salaries also delayed some months and went into the following
months. This was buttressed with interview response that stated:
We get pay for every month but sometimes it delays into the next month.
In fact, they pay us when they want but not at the end of the month.
Sometimes the pay accumulates into say two, three months before they
begin to pay us by installments(Interview data; 2011).
Whichever the case, labour has been devalued. Hardship had been imposed on
employees during those moments. The employees had been deprived of their
entitlements. Contrasting these 82% respondents to the 18% respondents that indicated
they received their salaries at the end of every month, revealed selective treatment of
employees by owners and or management of the schools involved in the study. This few
persons forming the 18% were described by interviewees as persons in the good books of
management due to certain special services they rendered. It was expressed that
employees’ salaries were not paid to them regularly because management invested the
money to make profit out of it before paying it out.
71
On employees getting sick leave with pay or not, data gathered indicated that
majority of the employees got sick leave with pay when the need arose as shown by the
histogram below.
Fig 4.7 Sick leave with pay
KEY: 1 = Strongly Agree (SA), 2 = Agree (A), 3 = Undecided (UN),
4= Disagree (DA), 5 = Strongly Disagree (SDA)
From the histogram above, nineteen (19) and three (3) respondents representing
44% agreed and strongly agreed respectively that they got sick leave with pay when the
need arose. Eleven (11) respondents, representing 22% disagreed while 7 respondents
(14%) strongly disagreed. Eleven (11) of the respondents were undecided.
A majority of respondents indicated they got sick leave with pay when the need
arose. This is a positive and encouraging practice. This indicates a demonstration of
management’s concern for the health of their employees. The natural African attitude to
72
sickness was identified as the underlining factor for this positive practice. The 22% of
responses that disagreed, however, showed that the practice was not carried out in all the
study institutions. This depicts a situation where some selected individuals in the schools
were not allowed to benefit this entitlement.
Furthermore, it was discovered that most of the employment did not receive pay
for work done exceeding the normal working hours. Data from respondent is tabulated
below.
Table 4.10 Overtime pay
Valid
Frequency
Percent
Valid Percent
Cumulative Percent
SA
A
UN
DA
SDA
Total
1
2
5
18
24
50
2.0
4.0
10.0
36.0
48.0
100.0
2.0
4.1
10.2
36.7
47.0
100.0
2.0
6.1
16.3
53.0
100.0
100.0
Source: Field Data (2011)
From Table 4.10 above, it is seen that only 6% (SA+A) of the fifty respondents
agreed that they received overtime pay for any work done exceeding normal working
hours. Thirty six percent (36%) disagreed and 48% strongly disagreed they received
overtime pay for work done beyond normal working hours. Five (5) respondents (10%)
were undecided.
Majority of respondents disagreed that they received overtime pay for any work
they did exceeding normal working hours. This was expressed by 84% (DA+SDA) of
the respondents. This show lack of commitment on the part of management of the
schools to the Labour Act, 2003 provision in Section 35 which has a broad caption “Paid
73
Overtime” and a narrow case in Section 35(1) stating that where a worker is undertaking
works after the hours of work fixed by the rules of that undertaking, the additional hours
done shall be regarded as overtime work in which case the fixed rate for overtime work
is applied. Comparing the 84% respondents who disagreed to the 6% respondents that
agreed they received overtime pay for any work they did exceeding normal hours reveal
a bad practice in the schools.
On regularly payment of SNNIT Contributions by their employers as required by
law, it was found that most of the employees’ SSNIT contributions were not paid
regularly to the appropriate agency. The histogram below expressing the views of the
respondents amply expresses this.
Fig 4.8 SNNIT Contributions
KEY: 1 = Strongly Agree (SA), 2 = Agree (A), 3 = Undecided (UN),
4= Disagree (DA), 5 = Strongly Disagree (SDA)
74
From the histogram above, 10 respondents (20%) agreed their employers pay their
SSNIT contribution regularly. Three respondents (6%) of these respondents strongly
agreed. However, 34 respondents representing 68% of the study sample disagreed their
employers paid their contribution regularly. Twenty four respondents (48%) of these
respondents strongly disagreed and 10 respondents (20%) strongly disagreed. Six of the
respondents (12%) remained undecided.
SSNIT contributions are made towards the retirement benefits of workers in
accordance to Act, 73 of the Parliament of Ghana. It is therefore disappointing that 68%
of the respondents disagreed that their employers pay their SSNIT contributions
regularly. This is illegal and makes management liable for prosecution. This practice put
the future of the workers in these institutions into jeopardy as they are expected to live
on this when they are no longer in active service with regular income.
Respondents pointed out the fact that since SSNIT contribution was a percentage
calculated out of the monthly salary, management refused to pay the contributions
because it would reveal to the authorities and the public they were paying their
employees below expectations. Other respondents maintained that lack of supervision by
appropriate authorities and concern by individual employees largely accounted for the
failure of management to pay the monthly SSNIT contributions of employees.
4.2.4: Dignity, Harassment and Threats
The next component on the extent to which employees rights were granted at their work
places was dignity, harassment and threats. Again, the researcher employed
questionnaire and interview. Views were almost evenly divided on employees being
spoken to with respect and dignity by management at their workplaces.
75
Employees generally agreed that they were spoken to with respect and dignity.
The bar graph below depicts responses on how their management spoke to them.
Fig 4.9 Spoken to with respect and dignity
The Bar Chart above indicate 22 respondents (SA+A) representing 44% agreed
that they were spoken to with respect and dignity by their management with 3
respondents (6%) strongly agreeing. However, 26 respondents (DA+SDA) representing
52% disagreed that they were spoken to by their management with respect and dignity.
Twenty percent (20%) of them strongly disagreed. Two respondents (4%) of the
respondents were undecided.
There was generally a split over how respondents felt on how they were spoken
to by their management. A 44% agreed they were spoken to with respect and accorded
dignity. This is in line with Wellman (1996) identification of dignity, respect, honesty,
equal and fair treatment, integrity, ethics, and listening as organizational values. It also
76
agrees with Article 1 of the UDHR (1984) that provides that all human beings are born
free and equal in dignity. The rather high 52% responses that disagreed show there is
disregard for the respect and dignity of the employees in the schools. Interview responses
indicated the employees were sometimes insulted before their students, and shouted on.
The responses also indicated sometimes management made derogatory comments about
them. This falls short to the provisions in the Labour Act, 2003 and the UDHR, 1984.
Another issue that came to light was employees’ agreement that they were not made to
perform forced labour at their places of work. The bar chart below depicts the finding.
Fig 4.10 Forced labour
It is seen from the bar chart that 25 respondents (50%) (SA+A) agreed that they
were not made to perform forced labour in their institutions of work with six percent
(6%) of them strongly agreeing (SA) and 44% simply agreeing (A). Eighteen
respondents (36%) (DA+SDA) of the respondents on the other hand, disagreed that they
77
were not made to perform forced labour. Whiles twenty eight percent (19 respondents)
just disagreed, sixteen percent (16%) of the respondents strongly disagreed. Fourteen
percent (7 respondents) were, however, undecided.
Forced labour is prohibited in the Labour Act, 2003 with the following provisions
in Section 116:
1. Section 116(1): a person shall not be required to perform labour
2. Section 116(2): It is an offence for an employer to exact or cause to be exacted,
or permit to be exacted for his or her benefits forced labour from any worker
The 50% responses disagreement depicts respect to these provisions in the
Labour Act, 2003 to a large extent. The 36% responses of disagreement however, shows
management of some of the schools exact or cause to be exacted, or permit to be exacted
forced labour on their employees. The management in this practice is therefore liable for
fine not exceeding 250 penalty units in accordance with the Labour Act, 2003.
Sexual harassment from management to employees was also identified to be very
minimal in the study Private Senior High schools in the Central Region. The Histogram
below expresses responses from respondents on sexual harassment situation at their
places of work.
78
Fig 4.11 Sexual harassment
KEY: 1 = Strongly Agree (SA), 2 = Agree (A), 3 = Undecided (UN), 4= Disagree (DA),
5 = Strongly Disagree (SDA)
Responses expressed in the histogram above indicate that majority of the
respondents agreed that there were no sexual harassment from management. A total of
38 respondents representing 76% agreed that there were no sexual harassments from
management: twenty eight respondents (56%) agreed and ten respondents (20%) strongly
agreed. Six respondents (12%), however, disagreed. Two percent (2%) strongly
disagreed and five (5) respondents (10%) remained undecided at the time of the research.
It was broadly established that management of the study schools did not harass
employees sexually. This is a welcome situation as that opposes the general perception in
the society that management of most private businesses often harass their employees for
sexual gratification. The public notion is that employees especially the female ones under
male management stand the possibility of treat of termination of employment contract if
they do not succumb to the sexual proposals from their management. It was stated that
79
earlier circumstances in the country where sexual harassment cases in some schools
became public discussions and the fact that some of the schools in the study were
mission schools made sexual harassment not pronounced. There were, however, traces of
sexual harassment in the schools involved in the study as indicated by 12% of responses.
This case is worrying as majority of the female sample were married.
Threat of termination of employment from management was identified to be a
very common practice in the Private Senior High Schools. The data obtained from the
administration depicted on the histogram and excerpts from interview that followed
support this finding.
Fig 4.12 Threats of termination of employment
KEY: 1=Strongly Agree (SA), 2=Agree (A), 3=Undecided (UN),
4=Disagree (DA), 5 = Strongly Disagree (SDA)
Responses represented in the histogram above indicate many employees received
threats of termination from their employers. As many as 34 respondents (68%) disagreed
they did not get threats of termination of employment from their management with 14 of
80
those respondents (28%) disagreeing strongly. A sum of 14 responses (28%) agreed that
they did not get threats of termination of employment from employers with 14 of these
respondents strongly disagreeing. Four (4) respondents indicated they were undecided.
The use of threat of termination of employment by management as expressed in the
responses was rather rampant with 68% responding to that effect. The teachers indicated
in interview that threats were used to compel employees to work under the poor
conditions they found themselves in. this was said to have gained grounds out of the
existing lack of employment opportunities in the Ghanaian society. Others maintained
that threats were used on employees who were considered by management not to be
committed to their work. The following response from an employee in an interview sums
up the situation of threat of termination of employment in the schools:
Threats of termination of employment are very common here. We are
always told “if you do this or you don’t do that, if you say this or you
don’t say that, and many other things, your employment would be
terminated”. In fact, in their words, they say you would be sacked. The
last time my money was deducted, I had a course to complain and I was
told if I joked I would be sacked. Threats of termination of employment
are a common phenomenon here. But what is our option! We need a job
my brother. (Interview data; 2011)
Threats may be employed by management to secure maximum output from employees.
However, threats can generate pretence from employees and job dissatisfaction which do
not give maximum output. The rather minimal percentage of twenty-eight (28%)
responses that indicated treats were not used came from employees who were considered
to be closed to management
4.2.5: Discrimination
With regards to discrimination by management when it comes to assigning tasks,
questionnaire and interview were again used. It was discovered that men and women
81
were treated alike when it came to assigning tasks. The responses obtained have been
tabulated below.
Table 4.11: Treatment of women and men
Valid
Frequency
Percent
Valid Percent
Cumulative Percent
SA
A
UN
DA
SDA
Total
10
27
2
7
4
50
20.0
54.0
4.0
14.0
8.0
100.0
20.0
54.0
4.0
14.0
8.0
100.0
20.0
74.0
78.0
92.0
100.0
100,0
Source: Field Data (2011)
The figures in the table above representing the responses from employees show
that 74% agreed that women and men were treated alike in their institutions of work
when tasks assignments were carried out. Out of the 74% responses, 20% agreed
strongly. However, a sum of 11 respondents representing 22% disagreed that women and
men were treated alike. Eight (8) of the respondents strongly disagreed. Two (2) other
respondents were undecided.
The massive agreement that men and women are treated alike with regards to
assignment of duties and responsibility demonstrates the commitment of the
management of the institutions to the provision in the 1992 Constitution of Ghana Article
17(2) that a person shall not be discriminated against on the grounds of gender, race, sex,
colour, ethnic origin, religion, creed, social, or economic status. Consideration was
therefore given to competencies when such assignments were to be given.
While much public education on the need not to discriminate on the basis of sex
was identified as a factor over which there were no discrimination in their work places,
82
some stated women distinct performances on assigned tasks contributed to the positive
situation.
It was also realized that employees with and without disability were given the
same consideration when it came to assigning tasks. The pie chart below represents the
views of respondents on this.
4%
10%
22%
36%
38%
Fig 4.13 Persons with disability
Source: Field Data (2011)
From the Pie Chart above, a rather higher 38% of respondents indicated they
were undecided on whether persons with disabilities get the same treatment from
management or not. Meanwhile, 36% of the respondents agreed that they got the same
treatment from management. Four percent (4%) of the respondents strongly agreed to
that. Twenty two percent (22) of the respondents disagreed that persons with disabilities
83
got the same treatment from management. Ten percent (10%) were strong in their
disagreement.
Women are by our laws entitled to maternity leave with pay when they are due.
To find out from respondents the extent to which this provision was observed in their
places of work, questionnaire was used. The responses were put on the table below.
Table 4.12: Maternity leave for women
Valid
Frequency
Percent
Valid Percent
Cumulative Percent
SA
5
10.0
10.0
10.0
A
13
26.0
26.0
36.0
UN
20
40.0
40.0
76.0
DA
7
14.0
14.0
90.0
SDA
5
10.0
10.0
100.0
Total
50
100.0
100.0
From the table, 26% of the respondents agreed and 10% strongly agreed that
women enjoyed maternity leave when due for not less than twelve weeks. Twenty four
percent (24%) of the respondents disagreed as 10% of them indicated disagree and 14%
indicated strongly disagree. Forty percent (40%) of the respondents remained undecided.
The result as shown in the table above indicates that many of the respondents did not
encounter a female worker been pregnant, hence, 40% of the responses could not agree
or disagree that pregnant women enjoyed maternity leave when due. A thirty six percent
(36%) of the responses agreement that, women enjoyed maternity leave for not less
twelve (12), showed obedience of management to the provision in Section 57(1) of the
Labour Act, 2003 that states “A woman worker, on production of a medical certificate
issued by a medical practitioner or a midwife indicating the expected date of her
confinement, is entitled to a period of maternity leave of at least twelve weeks in
addition to any annual leave she is entitled after her period of confinement”. The 24% of
84
responses that disagreed shows some pregnant women were deprived of maternity leave
when they were due which is in contravention of the Labour Act, 2003 provisions as
mentioned earlier.
4.2.6: Trade Union Membership, Work Information, and Work Training
On the freedom of employees to form or join any labour union without resistance
from management, it was realized that employees are free to join labour unions of their
choice. Questionnaire and interview were used in gathering the data.
Fig 4.14 Labour union formation
KEY: 1 = Strongly Agree (SA), 2 = Agree (A), 3 = Undecided (UN), 4= Disagree (DA),
5 = Strongly Disagree (SDA)
From the histogram above, 4 respondents indicated that they strongly agreed they
were free to join or form labour union without any resistance. Another 16 respondents
85
agreed they were also free. However, whiles 23 respondents disagreed, 1 respondent
strongly disagreed and 6 remained undecided.
Article 23(4) of the UDHR, 1948, provides that “everyone has the right to form
and join trade unions for the protection of his interest”. The 1992 Constitution of Ghana
amplifies this with similar provision in Article 24(3). The Labour Act, 2003 of Ghana
equally adequately provides for this in Section 79(1) when it states that ‘Every worker
has the right to form or join a trade union of his or her choice for the promotion and
protection of the worker’s economic and social interests”. Twenty (20) respondents
representing 40% indicating they were free to form or join trade unions of their choice
shows the recognition and respect for this provision in the three documents named
above. Employees therefore have the freedom to be identified with professional
association for the projection of their interests.
It was however, realized that employees did not readily get information relevant
to their work from their employers. The pie chart below expresses the views of the
employees.
86
28.8
50.4
57.6
21.6
201
Fig 4.15 Information relevant to work
From the pie chart above, 24% of the respondents agreed they readily got
information relevant to their work from their employers with 8% of that strongly
agreeing. Fifty six percent (56%) of the respondents disagreed that they readily get
information relevant to their work from their employers. Fourteen percent (14%)
strongly disagreed whiles six percent (6%) indicated they were undecided.
New ideas and ways of doing things are constantly discovered day-in, day-out.
To get employees enabled to carry out the work effectively, it is imperative to have
regular update of information relevant to the work. The Labour Act, 2003 of Ghana,
Section 10(f) indicates that it is the right of the worker to receive information relevant to
his or her work. Responses to 70% (DA+SDA) indicating disagreement to receiving
information relevant to their work point out disregard for this provision in the Labour
Act, 2003 of Ghana. There is, therefore, much to be done with regards to this provision.
87
The result shows a positive development concerning this right since 48% of the
respondents indicated they did receive information relevant to their work from their
management.
The employees also indicated that they did not regularly get the opportunities to
be given training to enable them perform their work well. The views of the respondents
have been put on the table below.
Table 4.13 Opportunity for training
Valid
Frequency Percent
Valid Percent
Cumulative Percent
SA
A
UN
DA
SDA
Total
4
7
4
26
9
50
8.0
14.0
8.0
52.0
18.0
100.0
8.0
22.0
30.0
82.0
100.0
100.0
8.0
14.0
8.0
52.0
18.0
100.0
Source: Field Data (2011)
Responses expressed in the table above show 11 respondents (22%) agreed that
they regularly got opportunities to be given training to enable them perform their work
well with 8% of that strongly agreeing. Fifty two percent (52%) on another hand,
disagreed they regularly got opportunities to be given training to enable them perform
their work well. Nine (9) other respondents (18%) strongly disagreed and another 4
respondents undecided.
Employees according to the Labour Act, 2003 of Ghana, have the right to be
trained and retained for the development of his or her skills. It is, hence, seen as not
encouraging that only 22% of the respondents agreed that they got opportunities to be
trained and retrained so as to enable them perform their work well. The disagreement by
52% of the responses indicates a flaw of the provision in the Labour Act, 2003, Section
10(e). This reveals that the employees used old-fashioned skills as teachers in the
88
delivery of their lessons. The result was that students found it difficult or impossible to
understand the teachers when they delivered their lesson which in a long round affected
the academic performance of the students. Employees were not given the opportunities to
be trained because management considered payment for the organization of training and
retraining programmes or for employees to attend such programmes at extra cost
In general, majority of employees indicated that employment rights have not been
respected. The views from the respondents on whether the rights of employees are fairly
respected in their places of work or not have been put on the pie chart below.
21.6
6
64.8
8
50.4
14.4
216
Fig 4.16 Respect of employees rights
Source: Field Data (2011)
From the Pie Chart, it seen that a great percentage of sixty (60) disagreed that the
rights of employees were fairly respected at their places of work. Eighteen percent (18%)
of them strongly disagreed. Whiles four percent (4%) of the respondents were undecided,
89
fourteen percent (14%) agreed that employees’ rights were respected at their places of
work. Six percent (6%) of the respondents strongly agreed.
A 60 disagreement response from the respondents indicates the employees’
believe that their rights were generally not respected by management of their institutions
of work. The following expresses an interviewee’s words on respect of employment
rights at work:
Employment rights are not respected in this institution because most of
the time, management take decisions without the employees and instructs
the employees to implement them. Also, what employees are to get as their
entitlements, we do not get them. They delay in the payment of salary and
the reluctant manner with which they respond to our problems show lack
of respect for employees’ rights. (Interview data; 2011)
This opposes the view expressed by the United States’ of America Bishops way
back in the year 1986 that all economic institutions must support the bonds of
community and solidarity that are essential to the dignity of persons. It also defeats the
mission of the Labour Commission which is to ensure among others, mutual respect for
the rights and responsibility of the players of the labour market. Ignorance of
employment rights among employers and employees and the lack of enforcement of
provisions for employment rights as well as lack of supervision by mandated
departments were identified as contributors to the disregard for employees’ rights at the
work place.
4.3.0: Mechanisms for the Protection and Promotion of Employment Rights
The third research question of the study was on mechanisms for the promotion
and protection of employment rights. The respondents were asked to state measures that
they thought when adopted would ensure the employment rights are protected and
90
promoted. They were required in both questionnaire and interview to identify measures
to be taken by government, management of private schools, and the individual
employees. Below is a catalogue of common and popular responses expressed by the
respondents.
On the part of government, the following were suggested measures the employees
came out with the following:
1. Regular supervision by government agencies such as the Labour Commission on
schools. This was expressed by majority of the respondent
2. Provide resources for departments and agencies responsible for enforcing the
respect of rights.
3. Public education on labour rights. All the respondents identified this as a right step.
4. Provide copies of employment rights to institutions
5. Set up courts for employment related issues.
6. Take legal actions against owners and management of schools who abuse
employment rights
4.3.2: Measures To Be Taken By Management of Schools
Suggestions on measures to be taken by management of schools to protect and
promote employment rights of employees include the following:
1. Make employees know their rights and responsibilities when employing them by
including employment rights to employment letters.
2. Learn about labour laws and employment rights.
3. Provide training on employment rights for employees.
4. Listen to issues raised by employees.
91
4.3.3: Measures To Be Taken By Individual Employees
Individual employees can enhance the protection and promotion of employment
rights through the following suggestions by sample for the study:
1. Report abuses to the Labour Commission
2. Demand respect of their employment rights from their employers and when
necessary confront employers.
3. Join at least a labour union.
4. Educate colleagues on employment rights
5. Obey and respect institutions’ rules and ethics.
6. Employees must perform their work very well.
7. Employees must dialogue with their employers for understanding
4.4 Conclusion
This chapter has presented and discussed the data obtained through the
instruments of questionnaire and interview. Charts, tables and histogram were employed
to give a graphic presentation of the data. The next chapter will cover the summary,
conclusions and recommendations.
92
CHAPTER FIVE
SUMMARY OF FINDINGS, CONCLUSIONS AND
RECOMMENDATIONS
5.0 Introduction
This chapter presents the summary of major findings, conclusions and
recommendations as well as the limitations of the work. It also outlines the implications
of the main findings, the contribution of the research work to knowledge and suggestions
for further studies.
5.1 Summary of Findings
The Labour Act, 2003 was enacted in line with the 1992 Republican Constitution
of Ghana and other international instruments to enhance good relationship between
employers and employees. The aim has been to ensure harmony in the labour market and
enhance productivity. This study therefore set out to find out among other things the
extent to which employees in Private Senior High in the Central Region are aware of
employment rights, the extent to which employment rights are granted in Private Senior
High Schools in the Central Region of Ghana and the mechanisms for the protection and
promotion of employment rights at the work place.
The descriptive survey method was used for the study. Teacher employees were
sampled from selected Private Senior High Schools in the Central Region. A total of fifty
(50) sample population was used for the study. The instruments of questionnaire and
interview were employed to gather the data for the study.
The following were the major findings from the research work:
93
1. The study revealed that a majority of employees is aware of employment rights.
This was indicated by 90% of the sample. Ninety two percent (92%) of the
sample indicated they were aware of the existence of the labour document; the
Labour Act, 2003 of Ghana. It was however realized that just a few of them had
read the document. Most of the employees only heard about the document from
radio and television discussion as well as colleagues.
2. The study also revealed that most of the employees in the Private Senior High
Schools in the Central Region did not have written contract of their employment.
This was as much as 88% of the sampled population. This is a reflection of the
broader situation in the private sector of the Ghanaian economy which is a
contravention of the provision in the Labour Act. 2003, Section 12(1) that states
“the employment of a worker by an employer for a period of six months or more
or for a number of working days equivalent to six months within a year shall be
secured by a written contract of employment”.
3. Majority of the employees considered their working environment as not been
satisfactory, safe and healthy. A total of thirty eight (38) respondents representing
76% of the sample population indicated they did not work under satisfactory,
safe, and healthy conditions.
4. Employees in the Private Senior High Schools in the Central Region did not
receive equal pay for equal work. Determinants of salary levels in the schools
included years of service with the schools and individual employees’ negotiation
ability. Seventy eight percent (78%) indicated that they did not receive equal pay
for equal work without any distinction.
94
5. The study has shown that indiscriminate termination of the contract of employees
was rampant in the schools. All the respondents in the study indicated they had
witnessed the termination of the contract of employment of persons in their
institutions though some of the respondents had worked for just a year in their
institutions. It was also discovered that many of the employees who had their
contracts of employment unfairly terminated did not get prior notice of the
termination nor were they paid their remunerations earned before the termination
of the contract as the Labour Act, 2003 prescribes.
6. The study revealed that employees in the study schools did not receive payment
of their full salary at the end of the months. They did not also receive their salary
at the end of the months regularly. There were delays in the payment of their
salaries at the end of some months over reasons as spending on on-going projects
and non-payment of school fees by students.
7. Employees in the Private Senior High Schools in the Central Region involved in
the study had sick leave with pay. A majority of the respondents indicated they
got sick leave with pay when the need arose
8. Employers in the Private Senior High Schools involved in the study did not pay
the SSNIT contributions of their employees regularly. This was indicated by
68% of the respondents.
9. It was broadly established by the study that management of the study schools did
not harass employees sexually. This opposes the general perception that owners
and management of private businesses harass their employees especially the
female employees sexually. Seventy six percent (76%) indicated that there was
no sexual harassment from management to employees in their places of work.
95
10. Employment rights were not generally respected at their workplaces. This was
established by 60% of the respondents. Management taking decisions without the
employees, insulting and shouting on employees before students, denial of
entitlements to employees and the delay in the payment of salary were cited to
confirm this point.
11. Treats of termination of employment contract was identified as a common
phenomenon in the Private Senior High Schools involved the study. Majority of
the employees responded to this effect stating the treats were used to get the
employees work under the poor working conditions they found themselves in.
12. The study showed discrimination on the basis of gender and disability was not
common in the study schools when it came to assigning tasks. Considerations
were given to competencies. Also, women enjoyment of maternity leave for not
less than twelve (12) weeks had a divided response. While thirty six percent
(36%) of the respondents agreed women had maternity leave, twenty four percent
(24%) disagreed and forty percent (40%) were undecided..
13. The study also revealed that employees were neither given training nor retraining
to enable them; neither performed their work well nor received information
relevant to their work from management.
5.2 Implications of Findings
The protection and promotion of the rights of employees is a sure way of
guaranteeing the growth, progress and development of societies and nations. It is in
recognition of this fundamental fact that measures have been adopted at both the national
and international levels for the protection and promotion of employment rights. In
96
Ghana, the Republican Constitution of 1992 and the Labour Act, 2003 show great
commitment to this desire. The country signing to the various international instruments
places more responsibilities to committing ourselves as a nation to realizing the need to
protect and promote employees’ rights. Generally, however, people have little awareness
of employment rights much of whom have just heard a little discussion over the
broadcast media.
There have been abuses in the Private Schools involved in the study due to
inadequate or lack of awareness of employment rights among employers and employees.
Some of the abuses of the rights of employees were, however, carried out deliberately by
management.
The inefficiency and ineffectiveness of mandated institutions for the protection
and promotion of rights of citizens in general and employment rights in particular have
made owners and management of private organizations including private schools in the
Central Region to exploit their employees for profit at the expense of their rights. Indeed,
it is very necessary that relationship between employers and employees in our Private
Senior High Schools must recognize and respect the rights of the employee. Anything
short of respect for employees’ rights will put Ghana in a negative light with regards to
compliance to provisions of International Labour Instruments such as the International
Labour Organization and the International Covenant on Economic, social and cultural
Rights both of which Ghana is a signatory.
Failure to appreciate employee rights will indicate a show of no respect for labour
which can greatly affect productivity especially in the private sector which has become
the engine of growth of the Ghanaian economy. The fundamental fact to note is that both
the employer and the employee greatly need each other.
97
Again, failure to evaluate the extent of respect for employee rights in the Private
Senior High Schools could lead to labour unrest if there are unchecked abuses (Karl
Marx and Marxism). This could be heightened by the awakening of awareness of
employment rights in contemporary Ghana. The employees could through the influence
of NGOs and Civil Society Organizations as well as government towards the protection
of the rights of employees in the country, resort to uprising to demand better treatment
and payment of compensations.
5.3 Recommendations
1. The institutions of government responsible for the education of Ghanaians on
their rights such as the Labour Commission, CHRAJ, NCCE, and National
Information Service should design practicable and interesting mechanisms to
educate the Ghanaian public on employment rights through a wide range of
means. For example, drama and discussions on employment rights could be done
on television programmes. There may be the need to have Ghanaian Languages
versions.
2. There must be effective monitoring on the respect for and granting of
employment rights at work places by the Labour Commission.
3. Government must set up employment rights tribunals across the country to
enforce the application of employment rights at work places and also quickly
settle employment rights related disputes that might arise.
4. Ghana as a state should adopt the pay per hour of work system. This will check
on the reported poor salaries being paid to employees by management of the
schools.
98
5. The government must come out with enforcement mechanism for the
implementation of international treaties, covenants, and conventions that the state
is a signatory to especially those relating to the rights of the citizens. Until this is
done the provisions in these instruments remain paper works. There will therefore
not be the realization of the intended effects on people that these instruments seek
to achieve.
6. Individual citizens and employees must take personal responsibility to equipment
themselves with what constitute their employment rights so that they can identify
treats, attempted abuses and abuses of these rights.
7. Rights of any form are obtained through struggles the world over; employees
must therefore demand the respect of their employment rights when necessary
using all appropriate means and resources available.
8. There must be a national policy on employment rights which will outline what
constitute employment rights, threats or abuse of employment rights and the
action plan for the realization of the granting of employment rights at the
workplaces in all spheres of our national life.
5.4 Limitations to the Study
Several challenges were faced in the process of carrying out this research. The
first challenge was in the inability of the researcher to cover all private Senior High
Schools in the Central Region which may affect generazability of results. Another
challenge was the unwillingness of owners and management to allow for the research to
be done in their institutions. They had fears that the work could reveal negative practices
with regards to employment rights in their schools. This was particularly so because of
99
the releases by an Investigative Journalist, Anas Arimeyaw Anas, in the country. The
researcher was suspected to be looking for human rights abuses of employees by
management of the schools.
The respondents also entertained fears that their honest responses could be
revealed to their management which could lead to their dismissals. It took the
researcher’s strong assurance of confidentiality of data to get the employees to respond.
Besides, a lot of money was spent including traveling to respondents and distribute and
collect questionnaires from respondents and also to interview some of them. Towns like
Kasoa, Swedru, Mankesim, and Cape Coast were visited severally. A lot of money also
went into phone calls.
The research was difficult and time consuming especially when it came to the
administration of the questionnaires and interviews. Eventhough, the respondents could
read and write, they expected the researcher to read and explain the content of the
questionnaire to them. Retrieving the questionnaire back was also a problem. I went to
the respondents to get the answered questionnaires back and even with that not all were
retrieved. Again, a lot of effort was made to explain the purpose of the study to the
respondents and that the study not for concealed motives.
5.5 Contribution of the Research Work to Knowledge
Though literature exists generally on employment rights, this work has
specifically investigated into the extent to which employment rights are respected in
private senior high schools. The work has, therefore, brought to light that there are
various employment rights abuses in the private sector of the economy. Again, the work
100
did not only find out the extent of awareness of employment rights among employees, it
went further to find out why certain rights are abused.
These findings will inform policy makers and implementers the need to renew
commitment to fighting abuses of employment rights in the interest of national survival,
growth, progress, and development by adopting proactive measures. The work further
sets out a base for further academic work in the area of employment rights in Ghana.
5.6 Suggestions for Further Research
Interested researchers may find it worth carrying out further researches on the
following:
1. Comparison of the extent to which employment rights are respected and granted
in the public and private sectors of Ghana.
2. Finding out the relationship between highly educated and not highly educated
employees and respect of their employment rights at work places.
3. New and old institutions and their response to employment rights of employees.
4. Employment rights in the private sector in the other regions of Ghana.
101
REFERENCES
Afari-Gyan, K. (2002). The Ghanaian Constitution: An Introduction. Accra: Cantomens
African Charter of Human and Peoples’ Rights (1981)
An-Naʿim, A. A. & Deng, F. M. (1990). Human Rights in Africa: Cross-Cultural
Perspectives. Washington D.C.: The Brookings Institution,
Baah-Boateng, W. (2008). How has the Private Sector Fared in Ghana's Employment
Generation Agenda. New Legon Observer, Vol. 2 No 10, Accra: University of
Ghana Press
Beato, L. B. (2004). Inequality and Human Rights of African Descent in Brazil. Journal
of Black Studies Vol. 34, No. 6, Oxford: Sage Publications
Befort, S. F.(2002) Labour and Employment Law at the Millennium: A Historical
Review and Critical Assessment. Journal of Labour Economics, Vol. 7, No. 3,
University of Chicago Press,
Bentil, K.(2008). The Private Sector Challenge - Ramblings and Radical Ideas. New
Legon Observer, Vol. 2 No. 10, Accra: University of Ghana Press
Bluwey, G. K. (2002). Political Science: An introduction, Accra: Yamens Press Ltd.
Boafo-Arthur, K. (2007). Challenges of Economic growth in a Liberal State, Ghana:
One Decade of the Liberal State. Dakar: CODESRIA
Bryman, J. (2005). Mixed Methods Research: A Discussion Paper. ESRC: National
Centre for Research Methods Review Paper. (http://www.nrm.ac.uk: Retrieved
on 10/01/12)
Carby, H. (1985). Employee Crime and the Monitoring Puzzle. Journal of Labour
Economics, Vol. 7, No. 3, University of Chicago Press,
102
Cohen, L. Manion, L. & Marrison, K. (2000). Research Methods in Education. USA:
Routledge Falmer
Commission on Human Rights and Administrative Justice (CHRAJ) Annual Report
(2005)
Cragg, W. (2000). Human Rights and Business Ethics: Fashioning a New Social
Contract. Journal of Business Ethic. Vol. 27, No. ½: Netherlands: Kluwer
Academic publishers
Dannin, E. (2006). Taking Back the workers’ Law: How to Fight the Assault on Labour
Rights. Catholic Social Teaching on the USA Economy. Washington DC:
Mathney Pub
Debrah, Y. & Mmieh, F. (2009). Employment relations in small- and medium-sized
enterprises: insights from Ghana, The International Journal of Human Resource
Management, Vol. 20, No. 7. Chicago: Academic publishers
Dickens, W.T., Katz, L. F., Lang, K. & Summers L. H. (1989). Employee Crime and the
Monitoring Puzzle. Journal of Labour Economics, Vol.1, No. 3, Chicago:
University of Chicago Press,
Fraenkle, J. R. & Wallen, N. E. (2000). How To Design and Evaluate Research in
Education (4th Ed.). New York: Hopkins Press
Ghandhi, S. (ed), (2008) International Human Rights Documents (6th Ed.) London:
Oxford University Press
Hannum, H. (Ed.) (2004), Guide to International Human Rights Practice (Forth
Edition), New York: Transnational Publishers
Hodson, T. (2011). Inequality and Human Rights of African Descendants in Brazil.
Journal of Black studies, Vol.34, No. 6, London: Sage Publication Inc.
103
International Covenant on Economic, Social and Cultural Rights (1966) Ghandhi, S.
(ed), (2008) International Human Rights Documents (6th Ed.). London: Oxford
University Press
International Labour Conference (2003). Working out of Poverty, International Labour
Conference, 91th Session. Geneva: International Labour Office.
Kohter, T. C. (1994). The Overlooked Middle, The Legal Future of Employee
Representation. Catholic Social Teaching the USA Economy. Washington DC:
Mathney Pub
Matheny, K. (2009). Catholic Social Teaching on Labour and Capital: Some Implication
for Labour Law. Washington DC: Mathney Pub.
Mensah, C. C. (2001). Essentials of Human Rights Education: A vision for peaceful coexistence. Accra: Chrismek Rights Foundation
Moberg, D. (1997). On Employee Vices. Business Ethics Quarterly, Vol. 7, No. 4.
Boston: Philosophy Documentation Centre
Nayar, M. G. K. (1980). Human Rights and Economic Development: The Legal
Foundations. Universal Human Rights, Vol. 2, No. 3, The John Hopkins
Univesity Press
Obeng-Fosu, P. O. (2007). Industrial Relations in Ghana: The Law and Practice (3rd
Ed.) Accra: Ghana Universities Press
Palmer, S. (200). Human Rights: Implication for Labour Law. The Cambridge Law
Journal, Vol. 59, No. 1, New York: Cambridge University Press
Short, E. F. (2007). Human Rights and the Alleviation of Poverty: The Contribution of
Human Rights Commissions, Domestic Protection and Support for the Human.
104
Rights. Course Book for Post Graduate Studies in Human Rights. The Hague:
ISS
The 1992 Republican Constitution of Ghana
The Budget Statement and Economic Policy for the Government of Ghana for 2008
Fiscal year
The Labour Act, 2003 of Ghana (Act 652) Act of Parliament. (Date of Gazette
Notification: 10th November, 2003)
Turker, J. (1993). Everyday Form of Employee Resistance. Sociological Forum, Vol. 8,
No.1, New York: Plemum Publishing Co-operation
Vredenburgh, D., Yael, B. (1998). The Hierarchical Abuse of Power in Work
Organisations. Journal of Business Ethics, Vol. 17, No. 12. Netherlands: Kluwer
Academic Publishers
Wellman, D. A. (1998). The Making of a Manager: How to Launch Your Management
Career on the Fast Track. London: Kogan Page
Wynne T. L. (2009) Employee Abuse in the Workplace
http://counsellingoutfitters.com/vistas05/vistas05.art62pdf (date retrieved:
17/5/2011)
105
APPENDIX A
1. QUESTIONNAIRE PROTOCOL
“EMPLOYMENT RIGHTS IN THE PRIVATE SECTOR: A STUDY OF
SELECTED PRIVATE SENIOR HIGH SCHOOLS IN THE CENTRAL REGION
OF GHANA’’
INTRODUCTION
Please, I am an M.Phil student in the Department of Social Studies, University of
Education, Winneba. You have been identified as an important person who can provide
useful information on the above topic. For academic purpose, I would appreciate it if
you provide me with what you know about the above mentioned topic.
Thank you.
DIRECTION:
This questionnaire asks you to indicate your knowledge experiences, encounters
and observation in this institution with regards to employees’ rights. Please do give
honest and thoughtful answers. Your responses in this questionnaire shall never be
connected to your name or identity.
BACKGROUND INFORMATION
Please tick [] in the appropriate box
Sex: [ ] Male
[ ] Female
Age: [ ] 20-29yrs [ ] 30-39yrs [ ] 40-49 yrs [ ] 50-59yrs [ ] 60yrs and above.
Highest Education Level: [ ] Cert [ ] First Degree [ ] Second Degree [ ] Others
Years of Service With Institution: [ ] 1-4] yrs [ ] 5-10yrs [ ] 10 yrs and above.
Working Hours: [ ] 3-6Hrs
Religion: [
[
] Christianity [
[ ] 7-9 Hrs
[ ] 10-12Hrs
] Islamic [
] others.
106
[ ]13Hrs and above
] Traditional African Religion
Employment Status: [
] Volunteer [
] Part-time [
] Permanent [
Name of Institution:
[
] Lamtey Mills Senior High School
[
] Zion Girls’ Senior High School
[
] Greenfields Senior High School
[
] Sammy Otoo Senior High School
[
] St. Andrews Senior High School
SECTION A: KNOWLEDGE ABOUT EMPLOYMENT RIGHTS
KEY: NA- Not All; INSU – Insufficient; SU – Sufficient
I do know of Employment rights
NA
[
INSU
]
[
]
I am aware that the Labour Act, 2003 exist NA
[
I have read the Labour Act, 2003
NA
[
I have heard of it but have not read it.
]
[
[
107
]
SU
]
[
]
]
INSU
]
[
SU
]
NA
[
[
INSU
INSU
]
SU
[
]
SU
[
]
] Casual
SECTIONB: RESPECT FOR EMPLOYMENT RIGHTS
Tick the appropriate box
KEY = SA Strongly Agree, A – Agree, UD – Undecided, DA – Disagree
SDA – Strongly Disagree
I work under satisfactory, safe and healthy conditions
SA
[
A UN DA SDA
] [
] [ ] [ ]
[
]
I receive equal pay for equal work without distinction of any kind
SA
[
I get rest, leisure and reasonable comfort at work
A
] [
SA
[
UN
]
A
] [
[
UN
]
[
DA
] [
SDA
]
DA
] [
[
]
SDA
]
[
]
I get pay for periods of holidays and remuneration for public holidays.
SA
[
I have a written contract of my employment
A
] [
SA
[
UN
]
A
] [
[
UN
]
[
DA
] [
SDA
]
DA
] [
[
]
SDA
]
[
]
I have been furnished with a written statement of the terms of the contract of
employment
SA
[
108
A
] [
UN
]
[
DA
] [
SDA
]
[
]
SECTION C: GROUNDS FOR TERMINATION OF EMPLOYMENT
Tick the appropriate box []
I have witnessed the determination of the contract of employees
1-3ps
[
]
4-6ps
[
7-9ps 10ps
] [
]
[
]
There was prior notice of termination
None days Wks Mths
[
] [
]
[
Yrs
] [ ] [
]
The person(s) was/were paid the remuneration earned before the termination with
compensation promptly
None Promptly Later Don’t know
[
]
[
]
[
]
[
The victim was informed of the cause of the termination of the employment
Yes
[
109
No
] [
Don’t Know
]
[
]
]
SECTION D: GENERAL CONDITIONS OF EMPLOYMENT
TICK [] AS APPROPRIATE
Key: SA-Strong Agree, A- Agree, UD - Undecided DA – Disagree
SDA - Strong Disagree
I enjoy annual leave not less than fifteen working days with pay
SA A UN
[
DA
] [ ] [
SDA
] [ ] [
]
1. I receive my full pay every month regularly
SA
A
UN DA
[ ] [ ] [ ]
SDA
[ ]
[ ]
2. My salary is paid to me at the end of every month regularly
SA A UN
[ ] [
DA
] [ ]
SDA
[
][ ]
3. I get sick leave with pay when need arises
SA
A UN DA SDA
[ ] [ ] [ ]
[ ] [ ]
4. I receive overtime pay when I work exceeding normal working hours
SA
A
UN DA SDA
[ ] [ ] [ ]
[ ] [ ]
5. I have a break of not less than thirty minutes out of my working hours every working
day
SA
A UN
[ ] [ ] [ ]
110
DA
[ ]
SDA
[ ]
SECTION E: DISCRIMINATION
TICK [] AS APPROPRIATE
6. Women and men are treated alike in my institution of work
SA
[
A
UN DA
] [ ] [ ]
SDA
[ ]
[ ]
7. Persons with disabilities have the same treatment from authority in my place of work.
SA A
[
UN DA SDA
] [
] [
] [ ] [
]
8. Women enjoy maternity leave not less than twelve weeks when they are due
SA
A
UN
[ ] [ ] [
DA
] [
SDA
] [
]
SECTION F: DIGNITY, HARASSMENT, AND THREAD
9. I am spoken to with respect and dignity by the owner/ management of my school of
work
SA A UN DA SDA
[ ] [ ] [ ][ ] [ ]
10. No member of staff in this institution is made to perform forced labour
SA A UN DA SDA
[] [ ] [ ] [ ] [ ]
11. The rights of employees are fairly respected in my place of work
SA A
UN DA SDA
[ ] [ ] [ ] [ ]
111
[
]
12. There are no sexual harassment from employer to employees in this institution
SA A UN DA SDA
[ ] [ ] [ ] [ ]
[
]
13. I do not get threats of termination of employment from my employer
SA A UN DA SDA
[ ] [ ] [ ] [ ]
[
]
14. My employer listens to me when I go to have a discussion
SA A UN DA SDA
[ ] [ ] [ ] [ ] [
]
SECTION G: TRADE UNION MEMBERSHIP, INFORMATION, TRAINING
AND RE-TRAINING
15. I am free enough to form or join any labour union without resistance from my
employer
SA A
UN DA SDA
[] [ ] [ ] [ ]
[ ]
16. I readily get information relevant to my worker from my employer
SA A
UN DA SDA
[ ] [ ] [ ] [ ]
[ ]
17. My employer pays my SSNIT contribution regularly.
SA A
UN DA SDA
[ ] [ ] [ ] [ ]
[ ]
18. I regularly get opportunities to be given training to enable me perform my work well
SA A
UN DA SDA
[ ] [ ] [ ] [ ]
112
[ ]
19. Kindly suggest measures you think could be adopted to promote the respect of
employment rights:
a) Measures by Government through its institutions
1. ………………………………………………
2. . ……………………………………………..
3. ………………………………………………
4. ………………………………………………
b) Measures by Owners of Private Schools
1. …………………………………………........
2. ………………………………………………
3. ………………………………………………
4. ………………………………………………
c) Measures by Individual employees
1. ………………………………………………
2. ………………………………………………
3. ………………………………………………
4. ………………………………………………
THANK YOU!!!
113
APPENDIX B
INTERVIEW PROTOCOL
TOPIC: ‘‘EMPLOYMENT RIGHTS IN THE PRIVATE SECTOR: A STUDY OF
SELECTED PRIVATE SENIOR HIGH SCHOOLS IN THE CENTRAL REGION
OF GHANA”
INTRODUCTION
Please, I am an M.Phil student in the Department of Social Studies, University of
Education, Winneba. You have been identified as an important person who can provide
useful information on the above topic. For academic purpose, I would appreciate it if
you provide me with what you know about the above mentioned topic. Accordingly, all
information provided shall remain confidential and used solely for academic work.
QUESTIONS
1. Please, can you share with me about employment rights?
2. Have you read or heard about the Labour Act, 2003?
3. a) Do you have a written contract of employment?
b) Can you share with me the content?
4. Kindly tell me about the nature of payment for your services?
5. How about leaves?
6. Do you find you work environment as satisfactory, safe and healthy?
7. Which professional bodies do you belong to as an employee?
8. Are there opportunities for you to be retrained on demands of your job?
9. How often do you receive information relevant to your work through your
employer?
10. Kindly suggest measure to be adopted by the government, management of private
schools and individual employees to enhance the promotion of employment right.
Thank you very much for you time, ideas, and co-operation.
I am indeed very grateful.
114