OPINION: Ghana Business Code: Not Enough To Protect Labour Rights

Since communism collapsed 20 years and neo-liberal and capitalist philosophy of the market gained dominance, workers rights and labour standards have suffered serious erosion. With it has deepened the vulnerability of workers. So, for labour, the emergence of the Ghana Business Code is refreshing. In the same breadth, at this time when developing countries are being made to sign trade and investment agreements that allow companies that intend to invest in Third World nations to operate outside their labour laws, the Ghana Business Code is welcome and encouraging. Importantly, that the Association of Ghana Industries (AGI), the Ghana National Chamber of Commerce and Industries (GNCCI) and the Ghana Employers Association (GEA) are behind the Code is revealing. It is reminiscent of the early 19th century when industrialists such as Robert Owen and others, made fervent and passionate calls for standards to protect workers who were suffering dehumanization in their working environment during the Industrial Revolution. As a Code, its provisions are not binding. Therefore, its acceptance and compliance are voluntary. But that the GEA is involved in crafting the Code, that addresses human rights and labour standards, among others, marks a shift from the position of a large segment of the employer community whose concern for human rights of their workers and labour standards leaves a lot to be desired. The question that must be asked is: are labour rights human rights? A reference to the United Nations Declarations of Human Rights provides the answer. Article 23 of the Declaration provides, among others, the right to equal pay for equal work, the right of the worker to form or join a trade union for the protection of his/her interests, reasonably limitation of working hours and periodic holiday with pay, and maternity protection. Even though these rights are captured in international agreements that Ghana has ratified as well as in Ghana�s Constitution, the national law, and labour legislation, a lot of employers honour them in the breach. In Ghana, numerous employers, big and small, have a policy of zero tolerance for trade unions. Workers who attempt to form or join a trade union are intimidated and terminated. Some even go as far as to state this intolerant attitude in their contracts of employments. It is important to note that denial of the right to form or join a trade union is the denial of a critical human right, that is, the denial of voice to workers. Voice is the ability of the worker(s) to have meaningful input into decisions. Employee voice includes both individual and collective voice, and collective voice includes both independent employee representation which is exemplified by trade unions, which are independent of managerial control. Unfortunately, many employers are oblivious to the fact that giving workers voice has numerous advantages. Workers� ideas contribute to productivity improvement, enhancement of quality and resolution of specific problems. Beyond the benefits to the company that results from hearing the ideas of workers, employees may also become more loyal and committed to the organization if they feel that they have input into workplace decision making. Denying worker voice is like treating labour as a commodity. In the private sector mostly, the limitation of working hours is not complied with. Workers are compelled to work overtime without pay. Due to their vulnerability such workers do not protest for fear of losing their jobs. For women workers, also in the private sector, the workplace represents a classic case of gender-based discrimination. Maternity is regarded as a sin. It�s a source of discrimination in employment and access to employment. Women who apply for maternity leave are terminated and told to reapply after childbirth. Moreover, they are compelled by the contract of employment to delay maternity or be sacked in the event. Another employer infraction is the denial of the right to stability in employment. This is the resort to short-term fixed contracts of employment rather than contract of employment for indefinite period, though the work is available indefinitely. These violations of labour rights are what some employers want to perpetuate and this is what they describe as flexible labour relations regime. If the development of the Business Code is being attributed to globalization, so be it. But it is surprising. For, it is globalization, which has inspired the World Trade Organization�s regime of free trade and removal of barriers. The free trade paradigm sees conformity with labour standards as barriers, and therefore, illegal. If for anything, it is the anti-globalization lobby whose advocacy for fair trade, which is the incorporation of labour standards, among others, into trade agreements that has touched the conscience of the world community resulting in the development of the UN Global Compact. This compact, with its provisions on human rights and labour standards, has substantially had a major role in giving birth to the Ghana Business Code. Whether more companies will sign on the Ghana Business Code is not important. Compliance with legal requirements and standards in industrial relations should not be left at the magnanimity of employers. The belief in and advocacy for human rights and labour standards of the GEA, AGI and others, must find expression in the pressure they can exert on Government to strengthen the Labour Department to reactivate labour inspection to ensure compliance with the provisions of the Labour Act 651 and labour-related laws on occupational health and safety and retirement security. They should concert with the other key stakeholders in labour, especially organized labour, to lobby Government to ratify and domesticate ILO Convention 158 of 1982 on employment security and Convention 183 on maternity protection. In this way the real intention of the Ghana Business Code will be seen as one giant step in the on-going struggle to protect the human and labour rights of Ghanaian workers. The Code, for now, is not enough to protect labour rights.