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GHANA – New Employment Guidelines Released by Petroleum Commission

Effective 2 June 2018. the Petroleum Commission (PC) has released new guidelines covering the employment of foreign nationals.

The main points are outlined below:

  1. Companies in the petroleum sector are required to employ only Ghanaians in junior and mid-level positions, including foreman / supervisor roles.
  2. Each vacant position must be submitted with a job description, qualifications and certifications required to the PC at least three months before the intended start date of the recruitment process.
  3. Next, job advertisements must run for a minimum of one week in two designated newspapers to search for qualified Ghanaian national candidates.
  4. The PC must be notified of each interview of Ghanaian nationals for the position and may attend the interview to observe.
  5. Where a technically competent and experienced Ghanaian national is not found, employers must submit search results with photocopies of the adverts plus CVs and interview transcripts of unsuccessful Ghanaian applicants to the PC for review. After the review, the PC shall communicate to the company whether it qualifies to apply for a work permit for an expatriate worker for the role.
  6. Once the decision has been made, the work permit application must be submitted three months prior to the start of the assignment.
  7. When there is a justifiable reason why the submission of the work permit application cannot be made three months in advance of the start of work, the company may apply for a waiver of the three months requirement. The PC will consider the request and inform the company of its decision.
  8. Where approval is granted for a work permit application to be made, a Ghanaian national understudy with a similar professional background must be engaged, trained and coached by the hired expatriate to take over the position after the agreed period. The localization period for each application shall be on a case-by-case basis and shall be reviewed by both the applicant company and the PC.

Action Points

  • Employers of foreign nationals in the petroleum industry in Ghana should consult an immigration specialist for advice on the new employment guidelines.

This news alert was prepared using information provided by Globetrotters Legal Services.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.