Features
Is scrapping of workers’ ESB best option for a state enterprise?
End-of-Service Benefit (ESB) is usually, a cash benefit that is paid to workers by their employers upon their compulsory retirement or when their services are abruptly terminated by their hiring institutions. This is calculated on the basis of last wage which the worker was entitled to namely the basic salary. Hence, it will not include allowances such as housing, conveyance, utilities, furniture among others. Also, a worker who has spent one year or more in continuous service shall be entitled to an ESB gratuity upon the termination of his service.
WHAT THE LAW STATES ABOUT ESB
The Labour Law makes it clear that if the term of service is less than one year, there is no eligibility for gratuity compensation. However, for service of more than one year, but less than five years, the entire gratuity compensation would be equivalent to 21 days of salary each year of service. For instance, if you have worked for a company for four years, your ESB gratuity would equal 21 days’ wage multiplied by four. Employees who have worked for more than five years, will get ESB gratuity of 30 days salary for each year worked beyond the five- year service.
The payment of ESB to workers which was restored by the National Tripartite Committee (NTC), representing the government, organised labour and employers in 2002, to supplement the Social Security and National Insurance Trust (SSNIT) Pension Scheme after it was frozen in 1990, was aimed at providing an enhanced financial security for the worker in retirement as a means of promoting equity, higher productivity and loyalty within the establishment or an organisation.
THE RELEVANCE OF ESB
This means that the ESB in its entirety is so relevant and beneficial to workers as they start their new lives during retirement from active service. It is, therefore, a scheme which needs protection and sustenance because life after retirement is very difficult and hectic. It is during retirement after 60 years of active service that you will realise that you need some form of financial support to tackle health issues, particularly medications and other medical issues and the only means of support especially when you do not have any dependant to supplement your meagre pension allowance, would be your ESB.
The framers of the Labour Laws were conscious of that shortcoming and the burden it would pose to pensioners, hence the fixation of the ESB into the law to cater for some of these problems and, therefore, need to be commended for their foresight. Any attempt by any state-owned establishment to on its own volition suspend or cancel the ESB, means it is insensitive to the plight of its workers and, therefore, acting callously and wickedly.
SUSTENANCE OF THE ESB SCHEME
What state-owned enterprises should do to sustain the scheme, is to ensure that funds accruing should be managed separately and independent of their enterprises. They should make sure that employees should as much as practicable have access to the benefits only when leaving the service of their employer. They must encourage parties at the enterprise level to explore the possibilities of modifying the operations of existing supplementary schemes to emphasise their terminal character.
It is important to state that the termination of the ESB scheme in 1990, attracted mixed feelings and agitations from workers especially those that were deemed disqualified by their enterprises and, therefore, received no benefits at all from their employers. It was on that premise that workers welcomed the announcement by government to restore the scheme in 2002.
NTC AT THE PUBLIC ACCOUNT COMMITTEE
When the Managing Director of the New Times Corporation (NTC), Mr. Martin Adu-Owusu, appeared before the Public Accounts Committee (PAC) of Parliament recently, he painted a gloomy picture of the corporation, especially the lack of inflow of the needed funds to sustain and keep the operations of the NTC active.
The Auditor General in its 2020 report on Public Boards and Corporations noted that debtors of the state-owned media organisation have become numbed in redeeming their indebtedness to the NTC. Customers’ balances recorded by head office showed GHc196, 603.73 and GHc185, 935.76 in respect of stopped subscriptions and vendors as against GHc151, 932.93 and GHc 124,807.19.
The managing director told the committee that, though some of the debtors had started responding following a February 1, 2023, deadline, the NTC would be exploring legal action against recalcitrant ones. Hear the MD in part: “We have made several efforts including the Minister of Information writing to our debtors to do the needful. What we have done since last year, was to serve notices in our newspapers so that those who owe us will come and pay. The deadline was February 1, 2023. I have started receiving letters from the debtors coming to arrange for payments. From this stage, we will move a step further by taking legal action against the debtors because we have done all that we could but the situation is not improving”.
SAM NARTEY GEORGE’S ADVICE TO NTC DEBTORS
Indeed, one remarkable feature that needs commendation was the call by Sam Nartey George, Member of Parliament for Ningo Prampram to individuals and organisations that are indebted to the NTC to redeem their indebtedness to enable the corporation to function effectively. He said the locked- up funds with the debtors go into running of the publisher and that their failure could run the corporation aground.
SUSPENSION OF ESB
Definitely, the New Times Corporation is confronted with huge financial problem to keep the corporation running. However, that should not give room for the managing director to announce an intention of either suspending or cancelling the workers ESB in the near future because the corporation is not in a healthy financial position to continue with the scheme. That to this writer who happened to be a former Editor of the Ghanaian Times newspaper and other well-meaning Ghanaians, will not be the best path to follow. Has the MD weighed the magnitude of his statement? He must realise that such a statement will automatically lower the morale of the workers and eventually affect productivity, knowing very well that they are not entitled to ESB when they retire from the corporation.
PAYING LIP-SERVICE TO NTC
It is sad that governments upon governments both in the past and present have always relied or depended on the New Times Corporation newspapers, especially The Ghanaian Times to prosecute their political agenda and other selfish interests yet they have failed to see to it that the corporation stood on its feet in terms of financial recapitalisation. Politicians see the NTC as a dumping ground for all kind of propagandist and other campaign materials and that to me in particular, had branded the corporation’s products as government newspapers and, therefore, people continue to feel reluctant to patronise them. Otherwise, how can a big corporation like the NTC print their newspapers at Graphic Corporation and Daily Guide for barely two years now without government’s intervention? Is it an intention to kill the fortunes of the corporation and turn around to acquire the NTC for selfish reason?
Indeed, the New Times Corporation, which is a state-owned media, arguably, has the Graphic Corporation as its major competitor in the newspaper industry. Today, Graphic is making it just because it has continued to set its priorities right by doing what it takes to rake in the needed revenue to support its operations and keep the corporation going. I sincerely believe that, Times can do same by identifying its problems and other shortcomings which include, chasing of its debtors by resorting to the law courts to recover the huge debt owed to the corporation by its creditors as well as repositioning and rebranding its products to attract readers and other patrons.
HELPING NTC TO DELIVER ON MANDATE
THE Information Minister, Mr Kojo Oppong Nkrumah, recently promised that his ministry was doing everything possible to help the New Times Corporation to come out from its present predicament and to make the place viable. It is the hope of many especially, workers and management of the NTC that this assurance will not be in futility.
Indeed, it was time the government and other well-meaning Ghanaians went to the aid of the NTC and help them out of their present challenges. The corporation has nurtured good talents in the past and still has a crop of journalists and other staff who should be supported to expand their horizon.
Contact email/WhatsApp of author:
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0277753946/0248933366
By Charles Neequaye
Three days into her work with us, Kwakyewaa became an indispensable member of our team, and our contractors were very pleased with her. She gave them advice on the placement of electrical fittings.
She also contacted a couple of paint specialists and, after joining them to test their quality, we chose their products, which saved me a very substantial amount. On the evening of the third day I drove her home’.
‘Kwakyewaa, we have been so busy we haven’t had the chance to chat’.
‘Yes indeed. I have been hoping we could talk. But why don’t you have your say first’.
‘Okay. The first thing I would like to say is actually a question, and I hope you don’t mind my asking’.
‘Certainly not. Please go ahead’.
‘Well, I, I am really enjoying working with you. You have done quite a lot for us, and I really appreciate that. But I mean that on the personal level, I like being with you, and I wish, er ………….’
‘I like being with you too, apart from the fact that I respect what you are doing, and I wish I could do this on a regular basis. But what about the fact of your relationship with Abena? Even though your relationship is practically over, would it not look funny that within a short time of ending the relationship you quickly grab her cousin?’
‘She’s your cousin, not your sister. And she’s already started a new relationship. Moreover, she doesn’t have any respect for me. You’ve heard the disparaging things she’s being saying about me’.
‘She’s obviously being influenced by Jennifer, but I would have thought that she would at least reflect a little before believing them’.
‘You went to Tech, so you know that this type of thing is common, even though it’s boys who indulge in it. It’s called ‘Takashi’. If you want a girl and you are not confident of winning her normally, you tell her false stories about the guy she’s going out with. Most of the time it doesn’t work, but in this case it has worked. It’s almost funny’. I stopped in front of her home, and just as I was driving off Esaaba called me.
‘David, Mom would like a word with you’. So I locked the car and went in with them.
‘My son David. I learned yesterday that you and Abena have ended your relationship. I wasn’t pleased to hear it, because you know that I have come to regard you as my son. I heard Esaaba and Abena arguing, and when I asked them they said it was due to her decision to stop seeing you. Abena is adamant that she will not change her decision, and in fact she has started going out with another person. So what can I say? I’m glad that you have not stopped coming here, because I want to see you here regularly’.
‘Don’t worry at all Mom. I will be very regular here, and you can always call me whenever you need me’. ‘Thank you, my son. Now, the second thing. I hear Kwakyewaa has started helping you at your office. I also hear that in addition to your job with the EU, you have a big company. I really admire you. You are so humble and hardworking’. ‘Mom, let me tell you this. Kwakyewaa has been extremely helpful to us. She has already made a lot of difference in our work. I am really sorry that she will have to return to France in ten days’ time’. ‘
Ah, but I thought you said you will not allow me to go back. Have you changed your mind? I am thinking of staying for a while’,
‘Ei, Kwakyewaa!’ Esaaba said. ‘What will your parents say? You want to stay for how long?’
‘Mom’, my parents are in London, and I have been in France on my own for two years. I believe that what I’m doing with Bernard is really useful. I’m not even thinking about money. I will stay for a month or two, maybe even three’.
‘Let me correct you there. You will not work for us for one day without being paid. Now, tomorrow, I will take you to my other site, and show you what we are doing there. Then you can take a good decision. For now, Mom, we have something to discuss. Goodnight’.
‘Okay madam Kwakyewaa’, I said as we walked to my car, ‘will you give me a chance? I have really developed feelings for you, and I believe we can get along together. I can assure you that I have nothing to hide, and ……………’
‘You don’t need to talk much. I accept. Unconditionally. Let’s go and take a look at the site tomorrow’.
She called me fifteen minutes after I left their house.
‘David, I’ve told Esaaba. She’s very surprised, and very excited. So it’s official now. She wants to talk with you.
‘Bernard, do you know how I will call what you’ve just done? It’s a smooth transfer, within the same family. Congrats, I’m happy for you’.
These legal provisions strongly resonate with Islamic teachings on the protection of the vulnerable, particularly children and victims of abuse.
The Prophet Muhammad (pbuh) emphatically condemned all forms of exploitation and injustice. He said: “Allah will be against three persons on the Day of Resurrection… one who sells a free person and consumes his price” (Ṣaḥīḥ al-Bukhārī). This Hadith directly condemns practices akin to human trafficking, where individuals are commodified for profit.
Additionally, the Prophet (pbuh) stated: “Whoever does not show mercy to our young ones… is not one of us” (Tirmidhī), underscoring the obligation to protect children from harm. These teachings reinforce that exploitation, abuse, and coercion are grave sins in Islam.
Synthesis
While Ghana’s legal frameworks are robust and aligned with both international standards and Islamic ethical principles, the implementation gap remains the primary challenge. Bridging this gap requires not only strengthening legal enforcement but also integrating ethical, religious, and community-based mobilization to reshape societal attitudes and enhance vigilance against trafficking.
The Strategic Role of Religious Leadership
Religious leaders occupy a uniquely influential position within society, functioning not only as spiritual guides but also as custodians of moral order and social cohesion. They command significant social capital, derived from deep-rooted trust, legitimacy, and continuous engagement with community members. In many contexts, they are perceived as intermediaries between the divine and humanity, entrusted with overseeing critical life events such as childbirth, marriage, burial rites, and conflict resolution. This positions them as indispensable actors in shaping both private conduct and public morality.
Theoretical Significance
Within Islamic sociology, religious leaders act as norm entrepreneurs, shaping:
• Moral consciousness by interpreting religious texts in contemporary contexts
• Social norms by defining acceptable and unacceptable behaviour
• Behavioural compliance through moral persuasion and spiritual accountability
Their authority extends beyond ritual functions to influencing socio-political attitudes, making them key agents in combating systemic injustices such as human trafficking.
Why religious leaders are vital in combating human trafficking
Trust and Legitimacy: Communities are more likely to accept guidance from religious leaders than from state institutions alone.
Grassroots Reach: Regular gatherings (e.g., Friday prayers, naming ceremonies, officiating marriages and burial services) provide direct access to large audiences. Religious leaders have access to the entire communities through the roles they play in societies.
Moral Framing: They can redefine trafficking not just as a crime, but as a grave sin (ḥarām), thereby strengthening deterrence.
Cultural Influence: They shape attitudes toward family decisions, migration, and child welfare key entry points for traffickers.
Conflict Mediation Role: Their involvement in family and communal disputes enables early detection of vulnerability and exploitation risks.
Practical Interventions
Normative Reframing
Clearly articulate human trafficking as a severe violation of Islamic principles, emphasizing accountability before Allah.
Sermonic Advocacy (Khutbahs)
Institutionalize anti-trafficking education within sermons, linking scriptural teachings to contemporary realities.
Community Surveillance and Early Warning Systems
Encourage congregants to report suspicious movements or deceptive recruitment practices, fostering collective vigilance.
Imamship Counselling and Family Guidance
Imams provide advisory support to families, particularly in rural areas, to resist false promises of employment or education.
Intersectoral Collaboration
Build partnerships with government agencies, NGOs, and international organizations such as the International Justice Mission to align moral advocacy with legal enforcement.
Victim Reintegration Support
Facilitate stigma reduction and social reintegration of survivors through compassionate community engagement.
In sum, religious leaders are not merely passive moral voices but strategic actors in social transformation. Their integration into anti-trafficking efforts bridges the gap between law and lived reality, ensuring that legal prohibitions are reinforced by moral conviction and community action.
Ethical Foundations (Conceptual Analysis)
Religious interventions against human trafficking must be firmly grounded in the theological and ethical attributes of Allah, which serve as the ultimate source of moral guidance in Islam. These divine attributes are not merely abstract concepts but functional principles that shape human conduct and social responsibility.
• Al-‘Adl (The Just)
Allah is perfectly just, and His justice (‘adl) denotes absolute fairness, balance, and the uncompromising rejection of oppression (ẓulm). In practical terms, this attribute obligates believers especially religious leaders to actively confront injustice in all its forms. Humantrafficking, which thrives on exploitation, coercion, and inequality, stands in direct opposition to divine justice. Grounding interventions in Al-‘Adl therefore requires advocating for accountability, supporting legal enforcement, and ensuring that perpetrators are brought to justice while victims receive their rightful protection.
• Ar-Raḥmān (The Universally Merciful)
Allah’s mercy (raḥmah) encompasses all creation, reflecting compassion, care, and benevolence without limitation. This attribute establishes an ethical imperative to respond to victims of trafficking with empathy, dignity, and restorative support. Religious leaders, drawing from Ar- Raḥmān, are called to prioritize healing, rehabilitation, and reintegration, ensuring that survivors are not stigmatized but rather supported in rebuilding their lives. Mercy here extends beyond charity to structured compassion that restores human dignity.
• Al-Ḥafīẓ (The Preserver and Protector)
Allah as Al-Ḥafīẓ signifies ultimate guardianship, preservation, and protection over all beings. This attribute places a collective responsibility on society to safeguard the vulnerable particularly
Women, children, and marginalized groups who are most at risk of trafficking. For religious leaders, embodying this attribute involves proactive vigilance, community education, and the establishment of protective mechanisms that prevent exploitation before it occurs.
Synthesis
When religious leadership is anchored in these divine attributes, it transcends passive moral instruction and evolves into active ethical stewardship. Justice demands resistance to exploitation, mercy ensures compassionate care for victims, and protection mandates preventive action.
Together, these principles transform religious leaders into powerful agents of social justice, capable of mobilizing communities toward the eradication of human trafficking.
Maqāṣid al-Sharīʿah and Human Trafficking (Conceptual Analysis)
What is Maqāṣid al-Sharīʿah?
Maqāṣid al-Sharīʿah refers to the higher objectives and overarching purposes of Islamic law,which are fundamentally designed to secure human welfare (maṣlaḥah) and prevent harm (mafsadah). Rather than focusing solely on legal rules, this framework emphasizes the ethical spirit and societal outcomes of Sharīʿah.
Classical scholars such as al-Ghazālī and al-Shāṭibīsystematized these objectives into five universal protections: religion (dīn), life (nafs), intellect(‘aql), lineage (nasl), and wealth (māl). These are regarded as essential necessities (ḍarūriyyāt) forthe preservation of a just and functional society (Shinkafi & Ali, 2017; Malik, 2015).
Importantly, Maqāṣid al-Sharīʿah provides a dynamic and policy-relevant framework, enabling Islamic law to address contemporary challenges such as human trafficking by prioritizing justice, dignity, and human flourishing.
