The National Labour Commission (NLC) has retrained the workers on the Tema Port Expansion Project from engaging in any illegal strike.
In its ruling dated 23 June 2017, the Commission said, ”The respondent Union are further restrained from engaging in any illegal action of any kind”
The China Harbour Engineering Company (CHEC), which is at the executing the port expansion project, had petitioned the NLC to seek clarifications on its contractual obligations to workers and the Union.
The NLC also retrained the Union and workers of L’aine Services Limited from coercing CHEC to directly employ them.
“That is no privity of contract between L’aine Service and CHEC and hence it shall not be lawful for the workers of L’aine Service either acting by themselves or their representatives to seek to negotiate conditions of service directly with CHEC.’
The workers had demanded permanent employment status as some had attempted to begin a process of engaging some senior staff members of CHEC but an official of company who pleaded anonymity said,” CHEC lack the legal capacity do so.”
According to the official, the workers were aware of the ruling of the NLC hence their decision to seek national attention by embarking of yesterday’s illegal strike.
The Tema Port Expansion Project site had be experienced two labour unrest but could not truncate the progress of work as they were short lived.
The 1.5 billion dollar project when completed would turn the Tema habour into a mega size port capable of accommodating many and larger container ships as well as improve cargo handling.
The main shareholders are: the Ghana Ports and Harbours’ Authority and Meridian ports Services
Source: GNA
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I plead to iterate that this news has been twisted and is NOT carrying the actual import of what happened on the Tema Port Expansion project. This is what actually happened: The 1.5 billion dollar project started with workers working under no concrete salary structure for employment, no insurance packages and incentives, only with agreements and assurances that after a month of probation, these necessary structures will be confirmed and affirmed since that sector of CHEC is new to the field. These initial workers of this project were employed directly by CHEC and they helped to commence the project, helping in the interpretation and documentation of procedures the project will have to go through, since CHEC was a company of Chinese staff by then. The local workers even helped in employing some qualified people in key areas like Health, Safety, Environment and Construction fields. As the HR Manager, (a pompous Chinese being persuaded by a corrupt Ghanaian senior staff) became familiar with Ghana laws, the company contracted an outsourcing HR company (L'aine) with the view to take advantage of the inflating unemployment condition in the country for cheap labor. Appointment letters from L’aine with scanty, badly-written words and devious statements were given out to be signed by the workers. Some workers refused to sign these letters since it did not reflect the actual contract of employment and will bind them from protesting. Unfortunately for CHEC, before it was advised on apt and 'orthodox' HRM activities, they had undergone series of unprofessional HRM activities going contrary to the labor laws (no insurance coverage, no Health Care packages, no SSNIT payment, no risk allowances, forced labor, etc) that have aggravated so much that the workers were agitating and demurring. With their claims not being heard by CHEC HR and L'aine HR (L'aine being afraid of losing contract with CHEC if they interfere), the workers resorted to join a Union. Knowing a Union will pose a greater threat, CHEC advised L'aine to delay the unionization process which vexed the workers to embark on a strike as they were subjected to harsh conditions, some being sacked with no reasons, just for requesting to join a Union. The Union and an MP for Tema came in to ensure calmness and to help resolve the workers grievances amicably. L'aine and CHEC management agreed with documents signed to a deadline to solve the grievances but then failed to comply. With devious means to 'enslave' the workers, CHEC petitioned NLC to restrain the Union as the unionization has not been entrenched since the processes has been stalled and so have no bargaining right to support the workers claims. The workers having no support decided to embark on a 'silent strike' of reporting to work but not working, of which CHEC called in for the Police Services to drag workers out, resulting in a worker losing his eye to a bullet as a police started shooting through a group of workers heading back to their dressing room to change and leave the premises. This enraged some workers who pelted the Police with stones. With much threat from CHEC to workers to losing their jobs, and with the power of the NLC’s Ruling, amid the fear of being shot at by the Police, they reported to work the next day. Workers are now working as slaves at the 1.5 billion dollar Port Expansion Project.