Terminating permanent work, placing workers on contract illegal- Charles Bawaduah
According to him, contract renewal for specific periods is only applicable to seasonal jobs but not to permanent ones thus according to him, doing otherwise contravenes the Labour Act.
Managing Partner of Law Alert Group, Charles Bawaduah has bemoaned an emerging practice in Ghana whereby appointments of permanent workers are terminated and placed on contract for intermittent renewals.
According to him, contract renewal for specific periods is only applicable to seasonal jobs but not to permanent ones thus according to him, doing otherwise contravenes the Labour Act.
“This situation is one of concern because it is emerging and destroying permanent work. The Law on it was discussed by the Court of Appeal in one Commercial bank case in which the court said that if the job you are doing is seasonal, or it is intermittent, then a contract agreement for a specific period will be legal.”
“However, if the work you do is permanent in nature, but the employer instead of giving you a permanent appointment, keeps renewing the contract, it is not in tandem with the spirit and letter of the Labour Act,” he said.
Speaking on the TheLaw program on JoyNews on Sunday, January 30, 2022, the Legal Practitioner further mentioned that such a practice weakens the worker and makes them kotow to employers’ demands in expectation for an extension.
Also contributing to the show, Managing Partner of Prestige Partners, Lamtiig A. Apanga indicated that most employers engage in this practice to avoid compensation which may arise due to as a result of wrongful termination of employment of employees.
Referring to the teaching profession, Mr. Apanga cautioned School Managers against the practice where they give contact to teachers per academic year for subsequent renewals.
“Every termination; whether wrongful or unlawful comes with some form of compensation available to the employee so if the contract is for a period, all the employer needs to do is to wait for the period to elapse and the contract naturally comes to an end thus he owes no worker and obligation for compensation.”
“This situation is one of concern because it is emerging and destroying permanent work. The Law on it was discussed by the Court of Appeal in one Commercial bank case in which the court said that if the job you are doing is seasonal, or it is intermittent, then a contract agreement for a specific period will be legal.”
“However, if the work you do is permanent in nature, but the employer instead of giving you a permanent appointment, keeps renewing the contract, it is not in tandem with the spirit and letter of the Labour Act,” he said.
Speaking on the TheLaw program on JoyNews on Sunday, January 30, 2022, the Legal Practitioner further mentioned that such a practice weakens the worker and makes them kotow to employers’ demands in expectation for an extension.
Also contributing to the show, Managing Partner of Prestige Partners, Lamtiig A. Apanga indicated that most employers engage in this practice to avoid compensation which may arise due to as a result of wrongful termination of employment of employees.
Referring to the teaching profession, Mr. Apanga cautioned School Managers against the practice where they give contact to teachers per academic year for subsequent renewals.
“Every termination; whether wrongful or unlawful comes with some form of compensation available to the employee so if the contract is for a period, all the employer needs to do is to wait for the period to elapse and the contract naturally comes to an end thus he owes no worker and obligation for compensation.”
