As the campaign to ensure that people’s human rights are not violated deepens, LAWA - Ghana has intensified its programme to promote the rights of domestic workers, (domestic assistants, (DAs)) often known as house helps in Ghana.
The group believes there is the need to strategize to ensure that employers benefit from employing DAs and the latter’s rights also protected at their workplaces. LAWA-Ghana Alumnae Incorporated is a non- governmental organisation comprising a group of women lawyers who continue to undertake certain legislative advocacy projects to promote women’s economic and social rights in Ghana.
LAWA-Ghana says there is the need to educate employers on issues relating to employing domestic workers in general and equip DAs with information to advocate for their rights, since there are a number of laws in place currently, including the Labour Act 2003, (Act 651) and the Children’s Act, 1998 (Act 560) that employers of DA risk violating when they engage DAs.
This is in addition to a number of laws coming up including the Human Trafficking Bill and the Domestic Violence Bill which will have several implications for the employment of DAs within homes. DAs could include house girls and boys, maidservants, watchmen and sometimes drivers.
They often serve several categories of people in the home. It is perceived that people who often hire their services are relations due to the country’s strong cultural attitudes and practices. In line with LAWA-Ghana’s advocacy, a consultative workshop with a focus on Private Employment Agencies, (PEA) was organized in Accra with support from Rights And Voice Initiative, (RAVI).
According to Mrs. Sheila Minkah-Premo, a Member of LAWA-Ghana, the workshop was to identify problems with employment of DAs, advocate for the formalization of contractual terms for the placement of DAs in homes and to come up with agreed guidelines for the employment of DAs.
She recounted that a research by LAWA-Ghana in the year 2003 nationwide revealed that domestic workers are usually females who are denied basic human rights and do not engage in any form of contract and even when they do, it is usually done through agencies.
“Many do not receive any wages, let alone plan for the future through the Social Security and National Insurance Scheme, (SSNIT). Thus, the need for legal reform and advocacy.” She said her group has consequently drafted regulations on the employment of DAs entitled, “Labour (Domestic Workers) Regulations for consideration by stakeholders.
“Views collated on the draft regulations will be incorporated and forwarded to the government to be passed into law.” A member of LAWA-Ghana, Mrs. Hilary Gbedemah in a presentation noted that both DAs and their employers have several rights and responsibilities in relation to the Labour Act, Act 651.
She stated that in as much as the employer has the right to employ, discipline, promote and terminate the employment of the worker, the employee has the right to work under safe conditions and receive equal pay for equal work without distinction of any kind as required by Article 24 of the constitution.
“The employer has a duty to provide work, pay agreed pay at the time and place agreed on in contract without any deduction except permitted by law or agreed between the worker and the employer.”
She adds, “For the purposes of clarity, a DA should have a contract which spells out the terms and conditions of the employment to narrow controversy and ill-feeling.”
Mrs. Gbedemah explained the DA equally has a duty to work conscientiously in the lawfully chosen occupation, enhance productivity and obey lawful instructions regarding the organisation and execution of his or her work among others.
She said it is unfortunate that Ghana has no regulations to protect the rights of domestic workers unlike thirteen African countries including Zimbabwe and Bostwana. Representatives from some Private Employment Agencies involved with recruitment, training and employment of DAs shared their experiences at the workshop.
According to them, the area is a complex and difficult one since it seems to be an innovation to the labour industry in Ghana.However, they explained that they maintain contact with employers and the DAs even after placement to ensure that each honours their part of the contract terms, stating that sometimes they are compelled to threaten legal action against employers who act contrary to contracts.
Mr. Eugene Koletey of the National Labour Department spoke about the need for the agencies to come under one umbrella to be able to set their own code of conducts.
The issues identified in the LAWA-Ghana’s proposed regulation on domestic workers relate to employment contracts, wages, social security, hours of work, freedom of association and sexual harassment and domestic violence among others.
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