A bargain within the bargain – an empirical examination of the labour act, 2003 (act 651) in the context of maternity protection in Ghana

Abstract

Maternity is frequently viewed as an obstruction to productive work. As such, the existence of maternity protection laws appears not to entirely settle the question of maternity-related employment discrimination and the safety of pregnant women, unborn babies, and infants in the work environment. Some workers have had to bargain for their statutory rights and, in some cases, suffer discrimination in various forms. Using a socio-legal research approach, the paper empirically examines maternity protection in Ghana to determine how maternity protection laws are applied in society. It proposes that Ghana’s maternity protection laws be more closely aligned with international standards and be enforced fully. It further advocates that employees should know their statutory rights and employers be more willing to bargain flexible work terms to ensure the core goals of maternity protection are realised.