What can I do if my employer has not paid my salary in Ghana?

An employer must pay the agreed remuneration at the time and place agreed in the contract of employment or collective agreement, or by custom, without any deduction except one permitted by law or agreed between the employer and the worker (Labour Act, section 9(b)). Remuneration includes the basic or minimum wage or salary and any additional payments made because of the job (section 175).

• The whole of your salary, wages and allowances must be payable in legal tender, in addition to any non-cash benefits. A contract that says otherwise is void (section 67).
• Your employer may not impose a money penalty on you for any reason, or deduct any amount from your pay, unless the deduction is permitted by section 70 or another law, or repays an advance of pay lawfully made to you (section 69).
• Section 70(1) allows certain deductions with your consent, such as agreed pension or provident fund contributions, a loan you asked for in writing, money paid to you in error, union dues you authorised in writing, and loss or damage to the employer's property under your control.
• For a deduction for loss or damage, the employer must be satisfied that you caused it and are clearly responsible, that the amount is fair and not more than the loss, that you had a reasonable chance to explain, and that the rate avoids hardship to you and your dependants (section 70(2)).
• When employment ends, the employer must pay all remuneration earned, any deferred pay and any compensation due for sickness or accident (section 18(1)). Pay due must be made by the date the notice expires, or, where no notice is required, by the next working day after the termination (section 18(2) and (3)).

• Keep your contract, payslips, bank statements and messages about your pay. An employer must give you a written contract if you are employed for six months or more (section 12(1)), and a written statement of the main terms within two months of starting (section 13).
• Ask your employer in writing for the unpaid amount.
• Complain to the National Labour Commission. It receives complaints from workers about infringements of the Labour Act (section 139(1)(a)). If you are unhappy with a deduction and cannot resolve it with your employer, you can complain in writing to the Commission, which investigates and decides (section 70(3) and (4)).
• If an employer does not comply with an order of the Commission, the Commission applies to the High Court for an order compelling compliance (section 172).

A court claim founded on a simple contract must generally be brought within six years of the date the claim arose (Limitation Act, section 4(1)).