Anti-Harassment Policy (Ghana)

An Anti-Harassment Policy in Ghana records the organisation's binding rules on the matter it addresses.

Section 14 of the Labour Act, 2003 (Act 651) expressly prohibits sexual harassment in the workplace in Ghana and is one of the most significant worker protection provisions in Act 651. A worker who is sexually harassed by another worker, a supervisor, or the employer may make a formal complaint to the National Labour Commission (NLC), established under Part XV of Act 651, or initiate civil proceedings before the Labour Division of the High Court of Ghana in Accra. Sexual harassment under Act 651 includes unwanted physical contact, sexual advances, requests for sexual favours, and any verbal or non-verbal conduct of a sexual nature that creates a hostile or offensive work environment or is made a condition of employment, continued employment, or promotion. The NLC has power to award compensation, order reinstatement, and require systemic remedial action by the employer.

Certain forms of workplace harassment also constitute criminal offences under the Criminal Offences Act, 1960 (Act 29). Physical assault and threats of violence constitute assault offences under Part I of Act 29, prosecuted before the District Court or the Circuit Court in Ghana. Sexual assault is a first-degree felony under Act 29, attracting a maximum sentence of imprisonment. The Domestic Violence Act, 2007 (Act 732) extends to workplace harassment where the victim and perpetrator are in a domestic relationship, and enables the Family Tribunal or the High Court in Accra to issue protection orders restricting the harasser from approaching the victim at the workplace.

Ghana's Constitution, 1992, article 17 guarantees the fundamental right to freedom from discrimination on grounds including gender, race, religion, colour, ethnic origin, disability, and social or economic status. The Commission on Human Rights and Administrative Justice (CHRAJ), established under article 216 of the Constitution and the CHRAJ Act, 1993 (Act 456), investigates human rights violations by public institutions and public officials. CHRAJ can receive complaints from private sector employees where harassment engages fundamental constitutional rights, particularly discrimination on grounds protected by article 17, and can make recommendations to the employer and publish findings.

For companies employing apprentices or trainees registered under the National Apprenticeship Programme of the Council for Technical and Vocational Education and Training (COTVET), established under Act 718, the Anti-Harassment Policy must specifically address the vulnerability of young trainees to workplace harassment. COTVET's competency standards for approved training establishments require that anti-harassment protections be in place for all apprentices enrolled in the National Apprenticeship Programme.

Gender-based violence in the workplace is a growing area of enforcement concern in Ghana. The Gender Ministry and the Domestic Violence and Victim Support Unit (DOVVSU) of the Ghana Police Service (GPS) jointly manage referral pathways for workplace harassment victims who report incidents at police stations in Accra, Kumasi, Tamale, and other urban centres. Employers with documented Anti-Harassment Policies that include DOVVSU referral information are better placed to demonstrate institutional seriousness in responding to harassment incidents and to avoid personal liability of directors and managers under the Companies Act, 2019 (Act 992).

An Anti-Harassment Policy in Ghana differs from a standalone Sexual Harassment Policy, which focuses exclusively on sexual misconduct, and from a Grievance Procedure, which is a broader mechanism for addressing all workplace complaints under the Labour Act, 2003 (Act 651). The Anti-Harassment Policy and the Grievance Procedure are complementary documents and should be read together as part of the employer's employment policy framework. Forms-legal.com provides this template as a starting point for Ghana-compliant HR documentation. The Gender Ministry of Ghana and the Domestic Violence and Victim Support Unit (DOVVSU) of the Ghana Police Service (GPS) jointly manage referral pathways for workplace harassment victims who report incidents at police stations in Accra, Kumasi, Tamale, Takoradi, and other urban centres across Ghana 16 administrative regions. Employers whose Anti-Harassment Policies include DOVVSU referral information and GPS reporting procedures demonstrate institutional accountability when responding to harassment incidents reported to the National Labour Commission (NLC) or the Commission on Human Rights and Administrative Justice (CHRAJ).

An Anti-Harassment Policy in Ghana is required in the following circumstances under the Labour Act, 2003 (Act 651) and related legislation.

An Anti-Harassment Policy is needed by every employer in Ghana that employs two or more workers, as section 14 of Act 651 imposes a positive duty on employers to maintain a workplace free from sexual harassment. Without a documented policy, the employer cannot demonstrate compliance with Act 651 and faces enhanced liability before the National Labour Commission (NLC) where a harassment complaint is upheld. The NLC treats the absence of an anti-harassment policy as evidence of systemic failure by the employer.

An Anti-Harassment Policy is required for banks and financial institutions licensed by the Bank of Ghana (BoG) under the Banks and Specialised Deposit-Taking Institutions Act, 2016 (Act 930). The BoG's corporate governance directives require licensees to have thorough written HR policies covering workplace conduct, and the BoG may request sight of the anti-harassment policy during supervisory inspections of licensed banks and specialised deposit-taking institutions operating across Ghana.

An Anti-Harassment Policy is needed for companies listed on the Ghana Stock Exchange (GSE) and regulated by the Securities and Exchange Commission (SEC Ghana) under the Securities Industry Act, 2016 (Act 929). Institutional investors — including pension funds regulated by the National Pensions Regulatory Authority (NPRA) — increasingly require listed companies to demonstrate ESG compliance, and the absence of an anti-harassment policy is treated as a governance deficiency in due diligence reviews.

An Anti-Harassment Policy is required when a company employs apprentices, trainees, or interns under section 71 of the Labour Act, 2003 (Act 651) or the National Apprenticeship Programme administered by COTVET under Act 718. Young workers are particularly vulnerable to harassment and may be less aware of their rights. The COTVET approval framework for training establishments requires evidence of anti-harassment protections for all apprentices registered under the National Apprenticeship Programme.

An Anti-Harassment Policy is needed for companies in the extractive sector — mining companies licensed by the Minerals Commission of Ghana under the Minerals and Mining Act, 2006 (Act 703) and oil and gas operators regulated by the Petroleum Commission of Ghana under Act 919. International project finance from the World Bank Group's International Finance Corporation (IFC) requires compliance with the IFC Performance Standard 2 on Labour and Working Conditions, which mandates documented anti-harassment procedures as a condition of project funding for extractive sector companies.

An Anti-Harassment Policy is required by multinational companies with Ghanaian operations that need to demonstrate compliance with both Ghanaian law under Act 651 and the employment law standards of their home jurisdiction — for example, UK companies subject to the Equality Act 2010 or US companies subject to Title VII of the Civil Rights Act of 1964, which both require documented anti-harassment procedures.

Parties implementing an Anti-Harassment Policy in Ghana should confirm all staff receive training on the policy at induction and at least annually thereafter. The policy must be communicated in both English and, where relevant, in local languages such as Twi, Ewe, Hausa, or Fante for workforces in regions outside Accra whose first language is not English.

A valid Anti-Harassment Policy in Ghana under section 14 of the Labour Act, 2003 (Act 651) and the Criminal Offences Act, 1960 (Act 29) must contain the following essential elements.

Scope and Coverage: A statement that the policy applies to all employees, directors, officers, contractors, apprentices registered under the COTVET National Apprenticeship Programme, interns, and visitors at any workplace in Ghana operated by the company — whether in Accra, Kumasi, Takoradi, Tamale, or any other location in Ghana's 16 administrative regions — and extends to conduct occurring at company-organised events and through digital communications including email, WhatsApp, and social media.

Definition of Prohibited Conduct: A thorough definition covering sexual harassment as described in section 14 of the Labour Act, 2003 (Act 651) — unwanted physical contact, sexual advances, requests for sexual favours, and conduct of a sexual nature creating a hostile or offensive environment — and extending to all other forms of harassment, bullying, verbal abuse, intimidation, and discrimination on grounds prohibited by article 17 of the Constitution of Ghana, 1992, including gender, race, religion, ethnic origin, and disability.

Zero-Tolerance Commitment: A signed statement from the Chief Executive Officer and the Board of Directors — adopted by board resolution under the Companies Act, 2019 (Act 992) — confirming the company's absolute commitment to a harassment-free workplace. The statement must confirm that no employee, regardless of seniority or commercial importance, is exempt from the policy or immune from disciplinary action under the Labour Act, 2003 (Act 651).

Reporting Procedure: At least two clearly identified reporting channels — a named HR Manager or Compliance Officer and a confidential email or telephone hotline — to confirm that employees are not required to report harassment to their direct line manager where that manager is the alleged harasser. The policy must also inform employees of their right to report to the National Labour Commission (NLC) under Part XV of Act 651 and, where criminal conduct is alleged, to the Ghana Police Service (GPS) Domestic Violence and Victim Support Unit (DOVVSU) under the Criminal Offences Act, 1960 (Act 29) and the Domestic Violence Act, 2007 (Act 732).

Confidentiality Commitment: An express commitment to maintaining the confidentiality of all harassment complaints to the fullest extent possible consistent with conducting a fair investigation, and to disclosing the details of the complaint only to those who need to know for the purposes of the investigation. Breach of confidentiality by the employer is itself a violation of the employee's rights and may constitute a constructive dismissal under Act 651.

Non-Retaliation Guarantee: An express prohibition on retaliation against any person who makes a harassment complaint or participates in an investigation in good faith, consistent with the Whistleblower Act, 2006 (Act 720). The policy must confirm that retaliation is itself a separate disciplinary offence carrying sanctions up to and including dismissal, and that persons who suffer retaliation may also pursue remedies under Act 720 before the High Court in Accra.

Investigation Procedure: The step-by-step process — acknowledgment within two working days, appointment of an impartial investigator with no prior involvement, right of both complainant and respondent to be heard and to call witnesses, completion within 21 working days, and a written outcome report. The process must comply with the fair hearing requirements of section 14 and Part XV of the Labour Act, 2003 (Act 651) and the natural justice principles recognised by the courts of Ghana, consistent with the right to a fair hearing under article 23 of the Constitution of Ghana, 1992.

Disciplinary Sanctions: The range of proportionate disciplinary outcomes from formal warning through demotion, suspension, and summary dismissal under Act 651. Criminal conduct must be referred to the Ghana Police Service (GPS) under Act 29 and, where domestic violence is involved, to the Family Tribunal under the Domestic Violence Act, 2007 (Act 732). For companies in the extractive, banking, or securities sectors, the outcome of disciplinary proceedings must also be reported to the relevant regulator — the Minerals Commission of Ghana, the Bank of Ghana (BoG), or the Securities and Exchange Commission (SEC Ghana) — where the harasser holds a licensed or regulated position.

Training Obligations: Annual anti-harassment training for all staff, additional training for managers and supervisors on recognising and responding to harassment complaints, and training records maintained for inspection by the National Labour Commission (NLC) or the Commission on Human Rights and Administrative Justice (CHRAJ) on request. Training records must include the date, content, trainer credentials, and names of attendees. Forms-legal.com provides this template as a starting point for Ghana-compliant HR documentation.

Monitoring and Annual Review: The Anti-Harassment Policy must be reviewed at least once per year by the HR Director and approved by the Board of Directors under the Companies Act, 2019 (Act 992), to confirm it remains consistent with any amendments to section 14 of the Labour Act, 2003 (Act 651), the Criminal Offences Act, 1960 (Act 29), and the Domestic Violence Act, 2007 (Act 732). The annual review must assess the number and nature of harassment complaints received during the year, the outcomes of investigations, and whether additional training or procedural improvements are required. Review outcomes must be recorded in board minutes and made available for inspection by the National Labour Commission (NLC) or the Commission on Human Rights and Administrative Justice (CHRAJ) during any supervisory visit or formal complaint investigation across the company operations in Ghana.