Daniel Addo Asiedu
Consolidated Bank Ghana Ltd, Accra
Daniel.Asiedu@cbg.com.gh

Foreign employment has become an increasingly common practice as workers seek opportunities beyond their home countries. However, for workers engaged in such contracts, it is vital to understand their rights and the legal framework protecting them, as well as the obligations of their employers. This article is an overview of the key provisions in the regulations governing foreign employment, designed to ensure fairness and safety for workers and their families.^[1]

Re-engagement contracts and worker separation

When a worker signs a re-engagement contract for foreign employment, it is crucial to note that if the total period of separation from the worker’s family exceeds 18 months – including time served under an expired contract – the worker is entitled to return home at the employer’s expense before starting their new service. This ensures that workers are not unduly separated from their families for extended periods.

Conditions for foreign employment

Employer’s responsibilities

The Chief Labour Officer (CLO) is tasked with ensuring that employers do not engage workers under foreign contracts without proper authorisation. However, this rule does not apply to workers on sea-going vessels unless they are serving in specific countries, as listed in official notices.

Age restrictions

Workers under the age of 18 are prohibited from entering into foreign contracts for employment.

Duration of foreign contracts

Foreign contracts should not last longer than one year from the date of execution, unless specifically approved by the CLO, in which case, the contract can be extended for a period not exceeding two years.

Due diligence in recruitment

The CLO must verify the legitimacy of the employment offer and the background of the recruitment agent before the contract is signed.

Capitation fees

Employers must pay a capitation fee for each worker engaged under a foreign contract. This fee is determined by the Minister of Labour and Employment Relations in consultation with the CLO.

Family accompaniment

Workers engaged under a foreign contract are allowed to be accompanied by their family members within the specified limits. Only one spouse along with children under the age of 16 may accompany the worker. Employers are prohibited from preventing workers from being accompanied by their family or from separating them during the period of employment unless requested by the worker.

Contract assignment and termination

Contract assignment

Employers cannot transfer or assign contracts without the worker’s consent and the endorsement of the CLO or a Labour Officer. Any assignment made without following proper procedures is voidable by the worker.

Termination of employment

Contracts can be terminated under various circumstances, including employer inability to fulfill the terms, worker illness or accident, mutual agreement or ill-treatment by the employer. Upon termination, workers are entitled to earned remuneration, deferred pay and compensation, along with repatriation expenses for themselves and their families.

Repatriation of workers and their families

Employers are obligated to cover the cost of repatriating workers and their families under several circumstances, such as:

• Worker incapacity due to sickness or accident.
• Expiration or termination of the employment contract.
• Mutual termination of the contract.
• Ill-treatment by the employer, with prior approval from the CLO.

In cases where the worker dies during the journey or employment, the employer is responsible for repatriating the worker’s family members at their own expense.

Exemptions from repatriation expenses

In certain cases, the CLO may exempt an employer from repatriation expenses. These exemptions can occur if the worker voluntarily chooses not to be repatriated, settles near the place of employment with their consent or if the worker’s failure to return home is due to their own fault.

Fraud prevention and contract validity

To prevent exploitation, it is illegal to induce a worker into a foreign contract through fraud, falsehood or coercion. Contracts obtained through fraudulent means are void, and employers must pay the worker’s due remuneration and cover repatriation expenses if they were responsible for bringing the worker to their place of employment.

Conclusion

The foreign employment regulations aim to safeguard workers’ rights and ensure that their welfare is considered throughout the employment process. These provisions offer protection against exploitation, ensure fair treatment in the recruitment process and guarantee that workers and their families are treated with dignity and respect during their time abroad. By understanding these rights and obligations, both workers and employers can contribute to a fairer, more transparent system of foreign employment.

These regulations are crucial in ensuring that foreign employment is not only a source of economic opportunity but also a process that respects the well-being and dignity of workers and their families.