Rescue the perishing, care for the dying (Part 2)

The previous article discussed the issue of casual workers scattered all over the country who have been unjustly consigned to the status of “permanently temporary” employees against all conventions of fair employment practice. According to Ghana’s Constitution and the Conventions of the International Labour Organisation, (ILO),which Ghana has ratified, no worker should be deemed to be casual after working continuously for six months but that has remained just a mere rhetoric.

People have worked for periods ranging from 10 to 20 years and are considered and treated casual labourers, an anomaly reported to be more widespread within public health institutions across the country. What is worse, these employees work for chicken feed, despite all their toil, and in conditions far from conducive. Worst of all, the Inspectorate Department of the Ministry of Employment and Labour that should monitor these things and serve justice, appears to be either nonchalant or plainly irrelevant.

In this article, the emphasis is on the abuse of women’s rights in the workplace. I would not talk about sexual harassment because even though it is prevalent, it is so subtle that it has assumed the status of normalcy without being seen for what it really is. Since Adam, some Ghanaian men, especially those in management positions, have seduced their female subordinates and pressurised them to succumb to their advances or face their wrath. Some have yielded out of fear of losing their jobs and have been left scarred for life. Yet, out of shame, and for fear that their story might be repudiated, they keep it under wraps while suffering in silence.

You see, men in Western countries cannot even pass suggestive comments without serious consequences. The Governor of New York, Andrew Cuomo, lost his very lucrative job because of this. His younger brother, Chris Cuomo, one of the best journalists at CNN, who was found to have attempted to offer some advice to his brother’s staffers on how to wriggle his way out of trouble, also lost his job. The network fired him. In Africa, and for that matter, Ghana, it has become and remained normal and harmless. Consequently, the practice persists unabated, and offenders do not face any sanctions. Who will rescue the perishing? Who will care for the dying?

Another area of abuse concerns maternity leave, that is, the period granted a female worker by law to be absent from work before and after childbirth. Ghana has ratified the ILO Maternity Protection Convention, 1952, (No. 103) and has a legislation that stipulates 12 weeks paid maternity leave which works up to three months. Some groups, including the Ghana Medical Association, have advocated six months.

That is the ideal thing to do but there is a big problem. The elders would tell you:“Ko kompow’annya a, 3na treeee?” which loosely translates to: “If you did not get mere drops, how can you get a flow?” Some employers do not so much as educate their workers on their bill of rights, talk less of paying maternity leave. That is to say, even the mandatory 12 weeks are not given, not to mention doubling the period to six months as has been proposed in some quarters. In fact, some bosses keep beneficiaries in the dark about the requirement of the law and take advantage of their ignorance.

Paid maternity leave must not be allowed to be toyed with. Medical experts explain that conceiving a baby and having one, changes a woman’s body in ways that are hard to predict, making her moody, exhausted, restless, and ultimately depressed, if care is not taken. Unfortunately, employers do not consider the gravity of this concern and factor it into their plan as they design their benefit packages for their female employees if they do it at all.

Apart from the crime such employers are committing by denying women of such rights, they are also losing indirectly as giving that paid maternity leave would afford nursing mothers many benefits which would indirectly inure to the good of their companies by way of higher productivity.

In the first place, it would enable the women to exclusively breastfeed their babies which medical experts recommend as being far healthier and better than tinned infant formula. That would have a positive impact on the health of both mother and baby as it would serve to prevent post-partum depression which is common among women. It is estimated that about one in every eight women is affected.

A healthy mother will not absent herself from work unnecessarily and be in the right frame of mind to take care of her baby. Denying her sufficient time for maternity leave is bad enough, how worse does it get with none at all? Do such employers have any bowels of compassion at all? What do they think of a nursing mother without the benefit of family support leaving her tiny three-month old infant in the care of a stranger at a nursing home when she has not sufficiently bonded with her baby, but still has to resume work?

Some employers think they are even being considerate when they offer you a fraction of the stipulated leave period. They think it is a favour they are doing, especially if the workers are ignorant of their rights. Some are aware of the existence of the provision but do not know the details and so, anything goes.

In some cases, there is ample evidence that the new mother needs additional time to rest due to complications in delivery requiring surgical operation, and, therefore, additional days. But some callous employers deny the woman such medical rest even though the law provides that she should be given two additional weeks to the 12 weeks due her as her normal maternity leave.

What about the requirement that an hour a day should be given the new mother to nurse her baby? I will turn the earlier Akan proverb and say: “Treeeempo antre mu a, na ko ko?” meaning: “If a flow does not suffice, what good would mere drops do?”The boss does not even want to give you the real deal, that is, the 12 weeks maternity leave, how much less an hour a day to nurse your baby? In some instances, some employers have even been so mean as to punish pregnant women with dismissal even though they have genuine reasons for pre-natal and post-natal bed rest. And this is done without recourse to the laid down procedure for termination of employment spelt out in Section 15 of the Labour Act.

What is Parliament championing for women? The empty platitudes must stop. The rhetoric will not help. Last month, the MP for Nadowli-Kaleo, Mr. Anthony Suumah Mwinkaara, brought the attention of parliament to the unfair treatment of people unjustly classified and treated as casual workers even though they have long exceeded the maximum six months tenure stipulated for such staff.

The issue of women’s rights is another problem that this column is placing on the radar for consideration by parliament. It is long overdue for Ghanaian women to be treated with some dignity. Even if the House would not pass legislation to mandate a six-month paid maternity leave, it must pass a law to criminalise refusal to comply with the existing requirement of 12 weeks.

Besides, the House can propose a graduated scheme that provides for a percentage of the regular salary after the first 12 weeks if additional leave days are added. That could be a good compromise before the period may be formally extended to the ideal six months. Rescue the perishing, care for the dying! And remember, mothers cannot wait.

Contact: teepeejubilee@yahoo.co.uk

By Tony Prempeh