SHOULD WORKERS ON STRIKE BE PAID?

BY OPOKU CHARLOTTE (BLG NEWS REPORTER)

Strike is a work stoppage caused by the mass refusal of employees to work. Ghana is regularly besieged by public sector strikes in support of demands for better pay, service conditions and allowance arrears. In industrial relations, strike as bargaining power/tactics has been relied on by organized   labour since time immemorial. It is often use as a tool to achieve social, economic and political objective.

In the developed world, workers who withdraw their services through strike actions do not receive salary from the employers. Instead, their wages and salaries are paid by their respective trade unions or sponsors. So, why is organized labour in Ghana becoming militants and more likely to resort to strike actions in support of their demand? And must they be paid when such action is taken?

The labour law, section 159 and 160 states that, a strike or lockout is legal if it is in sympathy with or in support of a strike action taken by another worker or group of workers against their employers on the account of an individual dispute with the employer. As such any person who declares or incites others to take part in a strike, which is illegal under section (1) of the labour law is liable for any damage, loss or injury suffered by any person as a result of the action. Also the subsection (2), declares that, any employer who resort to illegal strike is liable to pay the unpaid remunerations of the workers.

For instance many in the public sector anticipated the Single Spine Salary Structure (SSSS), thinking it will improve upon their salaries. However, three years after the implementation of the Single Spine Pay Policy (SSPP), there has been much agitation over its irregularities. Mostly in the health and educational sectors. As such, these agitations have been in a form of strike actions.

According to the National Labour Commission (NLC), all these strikes were illegal because they did not comply with the laid down rules and regulations pertaining strike actions. And therefore their wages and salaries from the time their services were withdrawn must not be paid.

However, during any lawful strike or lockout per the route mapped by Act 651 of the labour law the employment relationship between the employer and workers shall not be affected by this action. Therefore any termination of the contract of employment as a result of the strike will be void. However, if the employer belongs to the Ghana Employers Association (GEA), or in the case of private sector, a peer review mechanism may be explored. As such the wages and salaries of the employees must be paid.

I implore employers and employees to work hand in hand in order to know the challenges each faces so as to seek a quick redress. And since most strike is from the health and educational sectors, the government should review its approach and seek the help of industrial relations experts in this regard.