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IMPACT – MEDIUM
What is the change? Ghana’s Petroleum Commission is scheduled to impose new labor market testing rules for oil and gas sector companies that employ foreign workers.
What does the change mean? Beginning Sept. 1, oil and gas sector companies must fulfill advertising requirements in specified local news media.
Background: Current regulations require that companies in the oil and gas sectors test the local labor market by posting job ads; however, employers have not been bound by any specific rules on the number, content or duration of ads.
As of Sept. 1, these companies must advertise in at least two local print media and must include the Daily Graphic and the Ghanaian Times newspapers. Authorities have not specified a minimum duration for the advertisements.
BAL Analysis: The new rules represent a tightening of labor market testing consistent with a general trend toward increased scrutiny and enforcement of work permit rules in the petroleum sector.
This alert has been provided by the BAL Global Practice group and our network provider located in Ghana. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Ghana’s immigration authorities are ramping up office inspections in which they check papers of foreign workers.
What does the change mean? Employers and foreign workers should be prepared for surprise visits and have documents available for inspection.
Background: The Ghana Immigration Service began making unannounced visits to offices last March. Immigration authorities have recently increased enforcement and on-site inspections in search of immigration violations. Foreign workers may be asked for their passports, work permits, non-citizen ID cards and residence permits. Business visitors may be asked to show their passports and an invitation letter explaining the reason for their visit.
BAL Analysis: Foreign assignees should be prepared for random visits by immigration authorities by keeping proof of immigration status with them at all times. At the same time, foreign workers should ask anyone who approaches them as an immigration official to confirm their identity.
What is the change? Ghana has introduced a new “Rotators Permit” for oil and gas workers sent to Ghana to repair, maintain or perform other tasks on oil rigs.
What does the change mean? Oil and gas companies applying for short-term workers must apply for Rotators Permits directly at the Ghana Immigration Service (GIS) rather than through the Petroleum Commission. The permit allows employees to work on the rig only.
Background: The GIS introduced the Rotators Permit specifically for oil and gas workers who typically work on rigs for 28 days or less and perform temporary work, such as repair and maintenance for machinery or equipment. An employer must prove that the position cannot be filled by a Ghanaian worker. Sponsoring employers must submit the same documentation as for a regular work permit application. However, the application is submitted with the GIS, not the Petroleum Commission, which adjudicates regular one-year work permits. The GIS in Accra will issue an approval in approximately three days and send an approval letter to the employer or employee, who must bring the letter to the GIS office at Takoradi Port upon entry to obtain the Rotators Permit. The permit is valid for six months and allows multiple entries during the validity period, but the permit is only valid for work on the rig. The permit is renewable for an unlimited number of six-month periods. The government charges 500 U.S. dollars (roughly 1,186 Ghanaian cedis) for the first permit and 1,000 U.S. dollars (approximately 2,372 Ghanaian cedis) for each renewal.
BAL Analysis: Oil and gas sector employers should follow procedures for the new Rotators Permit for rotating short-term workers, instead of applying for the regular one-year work permits.
This alert has been provided by the BAL Global Practice group and our network provider located in Ghana. For additional information, please contact GlobalVisaGroup@bal.com.
The Ghana Immigration Service recently made registration mandatory for holders of work and residence permits, as well as for their families. The Non-Citizen Registration Card is now a requirement for processing of work and residence permits. Clients are advised to ensure that employees are registered upon their arrival in Ghana.
The Ghanaian government aims to register every foreign resident. In April, BAL published a news alert describing the process of registration and the properties of the registration card.