Strike Notice (Ghana)
Labour Act 2003 (Act 651) — Section 159
STRIKE NOTICE
Issued pursuant to Section 159 of the Labour Act 2003 (Act 651)
Date: [Notice Date]
Issuing Body and Employer
FROM: [Union Name] (Registration No. [Union Reg Number]), of [Union Address] (the "Union"), represented by [Authorised Officer Name], [Authorised Officer Position].
TO: (1) [Employer Name], of [Employer Address] (the "Employer").
AND TO: (2) The National Labour Commission (NLC), P.O. Box CT 1080, Accra, Ghana — served simultaneously in compliance with section 159 of the Labour Act 2003 (Act 651).
Labour Dispute
The Union hereby gives notice that approximately [Number of Workers] workers employed by [Employer Name] and represented by the Union intend to commence [Strike Type] on [Strike Start Date], in connection with the following labour dispute:
[Dispute Description]
Prior Dispute Resolution Steps
The Union confirms that the following steps were taken prior to the issue of this notice in compliance with the Labour Act 2003 (Act 651):
[Prior Steps]
NLC Dispute Reference: [NLC Reference].
Essential Service Confirmation
The Union confirms that the workers covered by this notice are not employed in an essential service as defined under section 175 of the Labour Act 2003 (Act 651), and that this notice is therefore issued in compliance with the lawful strike requirements of Act 651.
Conditional Withdrawal
The Union is prepared to withdraw this Strike Notice if the Employer agrees, in writing, to address the specified grievances before the intended strike commencement date of [Strike Start Date], or if the National Labour Commission (NLC) secures an agreed resolution acceptable to the workers within the notice period.
Issued on behalf of [Union Name] on [Notice Date].
Authorised Officer — Trade Union
________________
Signature
What Is a Strike Notice (Ghana)?
A Strike Notice (Ghana) in Ghana a Strike Notice in Ghana is a formal written notification issued by a trade union, staff association, or workers' representative to an employer and to the National Labour Commission (NLC), declaring the workers' intention to commence industrial action on a specified date unless the underlying labour dispute is resolved. The Strike Notice (Ghana) is governed by the Labour Act 2003 (Act 651), specifically section 159, which prescribes the conditions and procedure for lawful industrial action in Ghana.
Ghana's right to strike is constitutionally protected under Article 21(1)(e) of the Constitution of Ghana 1992, which guarantees freedom of association. The Labour Act 2003 (Act 651) regulates the exercise of that right, establishing the National Labour Commission (NLC) under section 135 of Act 651 as the body responsible for resolving industrial disputes and monitoring compliance with labour law in Ghana. The NLC operates from its headquarters in Accra and has jurisdiction over all employment disputes in Ghana, except those within the exclusive jurisdiction of the courts.
Section 159 of the Labour Act 2003 (Act 651) prescribes the conditions for a lawful strike in Ghana. A strike is only lawful if: (a) the dispute has first been reported to the NLC; (b) the NLC has had the opportunity to mediate; (c) no collective agreement prohibiting strikes during its term is in force; (d) the strike is not in an essential service; and (e) not less than 7 days' written notice of the strike has been given to the employer and to the NLC. Section 175 of Act 651 designates certain services as essential services in which strike action is prohibited — including water services, electricity generation and distribution, health services, fire services, and sewerage services.
The Trades Union Congress of Ghana (TUC), established under the Labour Act 2003 (Act 651), is the national umbrella body for trade unions in Ghana. Individual sector unions — including the General Agricultural Workers' Union (GAWU), the Industrial and Commercial Workers Union (ICU), and the Teachers and Educational Workers Union (TEWU) — operate under the TUC umbrella and may issue Strike Notices on behalf of their members.
Section 162 of Act 651 provides that participation in a lawful strike does not constitute a breach of the employment contract by the striking workers, and workers may not be dismissed solely for participating in a lawful strike. However, participation in an unlawful strike — one that does not comply with the procedural requirements of section 159 — may constitute a breach of the employment contract and expose workers to disciplinary action. The NLC, the High Court (Labour Division), and the Court of Appeal have jurisdiction over disputes arising from strikes and lockouts in Ghana.
The legal framework governing the Strike Notice (Ghana) in Ghana draws on several key statutes and regulatory bodies. Under the Labour Act 2003 (Act 651), the National Labour Commission (NLC) adjudicates workplace disputes in Ghana. Section 12 of the Labour Act 2003 requires written terms of employment. The National Pensions Act 2008 (Act 766) mandates employer contributions to the Social Security and National Insurance Trust (SSNIT). The Ghana Revenue Authority (GRA) administers PAYE under the Income Tax Act 2015 (Act 896). The Labour Division of the High Court hears employment appeals. Parties executing a Strike Notice (Ghana) in Ghana should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Labour Act 2003 (Act 651) sets the foundational requirements.
When Do You Need a Strike Notice (Ghana)?
A Strike Notice in Ghana is required whenever a trade union, staff association, or workers' representative decides to exercise the right to industrial action under the Labour Act 2003 (Act 651) and must comply with the statutory notice requirements to make the strike lawful.
A Strike Notice is needed after a labour dispute has been reported to the National Labour Commission (NLC) under section 135 of Act 651, the NLC has attempted mediation, and mediation has failed to resolve the dispute within the statutory period, leaving workers no option but to exercise their constitutional right to strike under Article 21(1)(e) of the Constitution of Ghana 1992.
A Strike Notice is required when workers in the banking sector regulated by the Bank of Ghana (BoG), workers in the mining sector operating under the Minerals and Mining Act 2006 (Act 703), or workers in the telecommunications sector under the Electronic Communications Act 2008 (Act 775) wish to take industrial action over a collective bargaining dispute, wage arrears, or unsafe working conditions under the Factories, Offices and Shops Act 1970 (Act 328).
A Strike Notice is needed when a trade union affiliated to the Trades Union Congress of Ghana (TUC) has exhausted all internal grievance procedures under the collective bargaining agreement, has engaged the NLC in mediation, and still has not achieved a resolution of the core labour dispute.
A Strike Notice is required when workers in the education sector employed by the Ghana Education Service (GES) or a private educational institution wish to take industrial action over issues such as payment of professional allowances, delays in promotions, or breaches of the terms of the Teachers' Employment Conditions under the Education Act 1961 (Act 87).
A Strike Notice must not be issued in essential services designated under section 175 of Act 651 — including water, electricity, health, fire, and sewerage services. Workers in essential services must resolve disputes through the NLC's compulsory arbitration procedure rather than through strike action. Unions should confirm with a labour lawyer enrolled with the Ghana Bar Association whether the planned action complies with Act 651 before issuing a Strike Notice.
What to Include in Your Strike Notice (Ghana)
A lawful Strike Notice in Ghana under the Labour Act 2003 (Act 651) section 159 must contain the following elements.
Identification of the Issuing Body: Full name of the trade union, staff association, or workers' representative issuing the notice — including, where applicable, the union's registration number with the Registrar General's Department (RGD) under the Labour Act 2003 (Act 651) — and the names and positions of the authorised signatories.
Identification of the Employer: Full legal name and address of the employer, and where the employer is a company incorporated under the Companies Act 2019 (Act 992), the company's registration number at the Registrar General's Department (RGD).
Notice to the NLC: The Strike Notice must be simultaneously served on the National Labour Commission (NLC) at its offices in Accra, as required by section 159 of Act 651. The NLC's postal and physical address should be stated in the notice to confirm compliance with the service requirement.
Date of Intended Strike: The specific date on which the strike is intended to commence — which must be not less than 7 days from the date of service of the notice on the employer and the NLC under section 159 of Act 651.
Description of the Dispute: A clear statement of the labour dispute giving rise to the strike — for example, unpaid wages, failure to honour a collective bargaining agreement, unsafe working conditions under the Factories, Offices and Shops Act 1970 (Act 328), or unlawful dismissal of workers. Reference to the specific statutory provisions breached is recommended.
Prior Steps Taken: Confirmation that the statutory preconditions for a lawful strike have been met — including: (i) the dispute was reported to the NLC; (ii) mediation was attempted; and (iii) mediation failed to resolve the dispute within the applicable period.
Conditional Withdrawal Statement: A statement that the workers are prepared to withdraw the strike notice if the employer agrees to address the specified grievances before the strike commencement date, or if the NLC secures an agreed resolution. This demonstrates good faith and is consistent with the dispute resolution objectives of Act 651.
Non-Essential Service Confirmation: A statement confirming that the strike does not involve workers employed in essential services as defined under section 175 of Act 651.
Signature: The notice must be signed by an authorised officer of the trade union or workers' representative and dated. Forms-legal.com provides this Strike Notice template for use in Ghana. Unions should seek advice from a labour lawyer enrolled with the Ghana Bar Association before issuing a Strike Notice to confirm compliance with the Labour Act 2003 (Act 651) and to avoid the legal consequences of unlawful industrial action.
Additional compliance elements for a Strike Notice (Ghana) used in Ghana include: Under the Labour Act 2003 (Act 651), the National Labour Commission (NLC) adjudicates workplace disputes in Ghana. Section 12 of the Labour Act 2003 requires written terms of employment. The National Pensions Act 2008 (Act 766) mandates employer contributions to the Social Security and National Insurance Trust (SSNIT). The Ghana Revenue Authority (GRA) administers PAYE under the Income Tax Act 2015 (Act 896). The Labour Division of the High Court hears employment appeals. Forms-legal.com provides this template as a starting point for Ghana-compliant documentation.
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}Frequently Asked Questions
Section 159 of the Labour Act 2003 (Act 651) requires that not less than 7 days' written notice of an intended strike be given to both the employer and the National Labour Commission (NLC) before the strike commences. This 7-day notice period is a mandatory procedural requirement for a strike to be lawful in Ghana. The notice period runs from the date of service on both the employer and the NLC. Failure to give the required 7 days' notice renders the strike unlawful, exposing participating workers to disciplinary action and potential dismissal, and exposing the trade union to liability for damages caused to the employer by the unlawful industrial action. The NLC may also apply to the High Court (Labour Division) for an injunction restraining the unlawful strike. In addition to the notice requirement, the dispute must first have been reported to the NLC and mediation must have been attempted before a Strike Notice is issued.
Workers employed in essential services in Ghana are prohibited from taking strike action under section 175 of the Labour Act 2003 (Act 651). Essential services are defined in the Second Schedule to Act 651 as services the interruption of which would endanger the life, personal safety, or health of the population. The designated essential services include: water supply services, electricity generation and distribution, health services (including hospitals and medical facilities), fire services, and sewerage services. Workers in these sectors must resolve labour disputes through the compulsory arbitration procedure of the National Labour Commission (NLC) under section 158 of Act 651, rather than through strike action. A strike by workers in an essential service is unlawful, and the NLC may refer the matter to the High Court (Labour Division) for injunctive relief. Workers in essential services who participate in an unlawful strike may be subject to dismissal for gross misconduct under section 62 of Act 651.
Section 162 of the Labour Act 2003 (Act 651) protects workers who participate in a lawful strike from dismissal solely on the ground of their participation in that strike. A lawful strike is one that complies with the procedural requirements of section 159 of Act 651 — including the 7-day notice requirement, prior reporting to the National Labour Commission (NLC), and the absence of a binding collective agreement or essential service prohibition. If an employer dismisses a worker for participating in a lawful strike, the worker may file a complaint with the NLC or bring a claim before the High Court (Labour Division) in Accra for wrongful dismissal under section 63 of Act 651. Remedies for wrongful dismissal in Ghana include: reinstatement; payment of compensation equivalent to the wages the worker would have earned; and recovery of any statutory entitlements wrongfully withheld. Employers who dismiss workers for lawful strike participation may also face penalties under Act 651 imposed by the NLC.
The National Labour Commission (NLC), established under section 135 of the Labour Act 2003 (Act 651), plays a central role in the management of industrial disputes and strikes in Ghana. Before a strike can lawfully commence, the dispute must first be reported to the NLC, which is required to attempt mediation. The NLC has power under section 158 of Act 651 to refer unresolved disputes to arbitration. When a Strike Notice is issued, the NLC must be served with a copy simultaneously with the employer. During the 7-day notice period, the NLC may intervene to mediate a resolution that avoids the strike. Where a strike is underway, the NLC may investigate the dispute, order the parties to participate in conciliation, or refer the matter to the High Court (Labour Division) if an unlawful strike is taking place. The NLC is also responsible for monitoring compliance with labour law across Ghana and may recommend prosecution of employers or unions that violate Act 651.
A collective bargaining agreement concluded between a trade union and an employer in Ghana may include a peace clause — a provision under which the union agrees not to take strike action in respect of matters covered by the agreement during the term of the agreement. Such a clause is enforceable under the Contracts Act 1960 (Act 25) and is consistent with section 159(c) of the Labour Act 2003 (Act 651), which provides that a lawful strike requires that no collective agreement prohibiting industrial action during its term is in force. A peace clause in a collective bargaining agreement does not permanently extinguish the right to strike — it applies only during the term of the agreement and only in respect of matters covered by the agreement. Workers and unions retain the right to take lawful strike action over matters not covered by the agreement, or after the agreement has expired or been terminated. Collective bargaining agreements in Ghana must be registered with the National Labour Commission (NLC) under section 103 of Act 651.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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