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Business News of Monday, 21 October 2013

Source: Joy Online

Workers' negotiated pay is untouchable - Lawyer

Charles Bawadua, an expert in Labour and Unions disputes says negotiated pay for workers cannot be sacrificed when they embark on lawful strikes to demand better working conditions.

According to him, once employees and employers enter agreements to a negotiated pay, nothing can stop the employee from receiving anything less of what has been negotiated.

Mr. Bawadua's comment follows the call by National Security Advisor, Brigadier General Nunoo Mensah (retired), for the suspension of salaries of workers who embark on strike.

Speaking at the commissioning of a nine-classroom block he has built for O’reilly Senior High School in Accra Saturday, the National Security Advisor said the many strikes on the labour front depict high level indiscipline in the country.

But speaking on the Super Morning Show on Joy FM, Monday, Mr. Charles Bawadua said there is nothing wrong if workers decide to embark on a lawful strike to demand from employers, what has been agreed.

"A person must get what he has negotiated for...the issue of sacrifice does not arise," the lawyer stated.

He noted however, the law is "very clear" that an employer my refuse to pay or terminate employment without notice if the employees embark on industrial action deemed illegal but if the action is legal, then the employer has no right to withhold or terminate the appointment.

"This is not a question of sacrifice; it's a question of the application of the law, that's all".

Mr. Bawadua called on government to act speedily to get the National Labour Commission (NLC) back to work, as the mandate of the current members "expired some three months ago".

This means the NLC as of now, is incapable of dealing with issues on the labour front until the tenure of its membership is renewed.