B. Labour Act, 2003
The Labour Act’s binary classification of workers in Ghana fails to recognise the unique nature of platform-
based gig work (Awal, 2022), effectively excluding gig workers from essential legal protections such as
minimum wage, redundancy pay, and safeguards against unfair dismissal. This exclusion contradicts the absolute
right to work guaranteed under article 24 of the Constitution of Ghana, raising important constitutional
questions. While the Act does provide protections for traditional employees, its inadequate scope leaves gig
workers vulnerable, with limited avenues to challenge unfair labour practices. There is potential for
constitutional litigation to assert gig workers’ rights, as seen in other African jurisdictions like Kenya and South
Africa, where courts have been instrumental in advancing workers’ protections in evolving labour markets. To
address these challenges, a phased policy approach is recommended. In the short term, administrative measures
could clarify gig workers’ employment status and establish minimum labour standards tailored to platform work.
Over the longer term, a comprehensive legislative overhaul should create a clear legal framework specifically
for the gig economy, extending protections including safe working conditions, fair wages, and social security.
Such reforms will empower gig workers, ensure fair treatment, and support sustainable economic growth. By
aligning labour laws with Ghana’s growing gig economy, the government can promote innovation and job
creation while safeguarding workers’ rights in a rapidly transforming labour market. Regulating gig work is thus
both a matter of fairness and a strategic investment in Ghana’s inclusive future of work.
C. International Labour Organisation (ILO) Standards for Gig Work and Their Relevance to Ghana
The International Labour Organisation (ILO) has recently committed to creating binding global standards
specifically for gig work, also known as platform work —an area of labour characterised by short-term, task-
based jobs mediated by digital platforms —according to the Human Rights Watch Report in 2025. This move is
a significant step as gig workers worldwide often face insecure working conditions, including misclassification
as independent contractors, low and unstable wages, lack of access to social security, and opaque algorithmic
management systems that limit their labour rights protections. ILO standards for gig work aim to ensure fair and
favourable conditions for all platform workers, regardless of their classification or employment status. The ILO’s
decent work agenda, as captured in their 1999 and 2023 Reports emphasises social protection, rights at work,
and social dialogue. Relevant standards include Conventions No. 87 and No. 98 (1948, 1949), which guarantee
freedom of association and collective bargaining, Convention No. 102 (1952), which sets social security
standards for pensions and health benefits, and Recommendation No. 204 (2015), which promotes formalising
informal work, Convention No. 190 (2019) which addresses workplace violence, critical for female workers,
and Platform Work Principles (2023) which advocate fair classification, algorithmic transparency, dispute
resolution, social protection, and data rights. ILO standards are highly relevant to Ghana’s gig economy,
addressing its unique socio-economic, legal, and cultural contexts while aligning with national development
goals. Ghana’s labour market is 86% informal, reflecting the characteristics of gig work—lack of contracts,
irregular income, and limited protections (GSS, 2023) This informality makes Recommendation No. 204
essential, as formalising gig work through social protections could transition workers into structured systems
without losing flexibility. For example, platform-funded contributions to the Social Security and National
Insurance Trust (SSNIT) and the National Health Insurance Scheme (NHIS), in accordance with Convention
No. 102, would address the exclusion of gig workers from the National Pensions Act, 2008 (Act 766). In 2023,
only 14% of informal workers contributed to SSNIT, emphasising the need to expand coverage (GSS, 2023).
The socio-economic context amplifies the significance of the ILO. Gig work employs thousands, especially
young people, in urban areas such as Accra and Kumasi, where unemployment remains a pressing issue
(Fairwork Ghana, 2021). However, low earnings are often below GHS 1,500 per month after fees, and the lack
of benefits sustains insecure conditions, in violation of the ILO’s decent work standards. Women, who comprise
30% of gig workers, encounter greater risks, including harassment during late-night deliveries, underscoring the
need for Convention No. 190 to establish safety protocols (World Report, 2025). Algorithmic biases that
penalise part-time availability further disadvantage women managing caregiving responsibilities, highlighting
the importance of fair classification and transparency, as outlined in the 2023 Platform Work Principles. Legally,
the Labour Act’s exclusion of gig workers from collective bargaining violates Conventions No. 87 and 98.
Forming a Gig Workers’ Union, as seen in Denmark, would create avenues for negotiations on commission rates
and deactivation policies, addressing existing power imbalances (ILO, 2022). The Data Protection Act, 2012