The COVID-19 pandemic did more than disrupt daily life; it redefined the workplace. In Ghana, as in many parts of the world, remote work shifted from a rare perk to a necessity but while many companies adapted quickly with tools like Zoom, Slack, and Google Workspace, the legal infrastructure did not evolve at the same pace. The Labour Act, 2003 (Act 651), Ghana’s primary legislation governing employment, still largely assumes a traditional work environment: fixed hours, physical offices, and direct supervision.

Now, as remote and hybrid models become a permanent fixture of Ghana’s business ecosystem, HR professionals and business owners are left navigating a grey zone. How do you measure working hours when employees are logging in from home? Who is liable if an employee suffers an injury while working remotely? Can employers enforce performance benchmarks without infringing on personal space?

These questions are not just theoretical; they carry significant legal and financial implications. Without clear definitions and protections in place, companies expose themselves to risks including wrongful termination claims, unpaid overtime lawsuits, and disputes over workplace tools or internet costs. The Ghanaian legal system is yet to catch up with these emerging realities, creating a growing gap between policy and practice.

Some forward-thinking companies are already leading the way. These firms have invested in well-structured remote work policies that define expectations around availability, productivity metrics, communication protocols, and cybersecurity. They are also prioritizing training for managers to ensure equitable treatment of in-office and remote staff, preventing proximity bias.

So, what can other Ghanaian companies do in the absence of comprehensive national legislation?

• Develop Clear Remote Work Policies: These should cover working hours, expected deliverables, communication guidelines, data privacy, and the use of company equipment.
• Invest in Remote Monitoring Tools: Use time-tracking, project management, and collaboration platforms to maintain accountability without micromanagement.
• Provide Equipment & Support: Ensure employees have access to the tools they need, from laptops to internet allowances, along with tech support.
• Update Employment Contracts: Reflect flexible work clauses and set clear terms around leave, KPIs, and disciplinary actions under remote work conditions.
• Stay Legally Informed: Work closely with legal counsel to stay updated on any policy reforms or best practices recommended by the Ministry of Employment.

The future of work is flexible, digital, and borderless. Ghanaian businesses must not only catch up, they must innovate. With deliberate planning and clear policies, remote work can transition from a post-crisis fix to a sustainable and productive model for the long term.