TKay Legal Blog

    I was in a conversation with some professionals the other day and someone said something I’ve heard way too often. He said banks in Ghana are quick to give loans to Lebanese-owned businesses but will frustrate Ghanaian entrepreneurs with endless requirements. According to him, the system favours foreigners. In that moment, a banker in the room responded with something that carried a lot of weight. She explained that what many people see as discrimination is often the result of how business owners handle their own records. She said, “It’s not about nationality, it’s about numbers. The Lebanese don’t joke with their turnovers. They show strong records, proper documentation and clean cash flow. So the bank can totally trust they’ll pay. But most Ghanaian businesses don’t keep proper records and they understate their earnings to avoid taxes so there’s no proof to lend on.” That conversation brought the real issue to the surface. It’s not always about where you come from, it’s ...

  The conversation around business registration in Ghana is often misunderstood, especially among MSMEs. Many business owners assume that unless their business is incorporated as a company or generating significant income, registration is optional.This is not the case when it comes to the use of business names. The Registration of Business Names Act, 1962 (Act 151) imposes a legal obligation that all business owners need to understand.   The Registration of Business Names Act, 1962 (Act 151) provides that any person operating under a name that is not simply their legal name must register that name in accordance with the Act. This requirement applies to individuals, firms or partners who carry on business under a name that does not consist solely of their true surname, with or without their first names or initials. For example, where a business name includes extra words or branding elements that go beyond the person’s own legal name, that name must be registered. In plain ter...

Building a business is one of the most empowering journeys a person can take. It demands vision, sacrifice, resilience and an extraordinary belief in possibilities that others often cannot see. Yet, many entrepreneurs invest all their energy into the dream, without putting structures in place to protect the very thing they are building. The legal foundation of a business is not an afterthought, it is a necessary part of securing the future of the work you are doing.   Every time a product is sold, a service is delivered or a commitment is made between two people, the law is already present. Whether or not there is a written agreement, legal obligations begin to form. Operating a business without understanding these basic realities leaves even the most promising ventures vulnerable to risks that could have been avoided with simple, preventive measures.   Legal protection does not have to be complicated. It starts with basic steps like ensuring agreements are documented, making...

   Sexual harassment in the workplace remains one of the most uncomfortable yet necessary conversations for employers, employees and MSME owners alike. Although often trivialized, misunderstood or dismissed entirely, sexual harassment is not only a moral issue, it is a legal one. The Labour Act, 2003 (Act 651) of Ghana explicitly prohibits any form of sexual harassment at the workplace and it places responsibility on both employers and employees to create a working environment that is respectful, safe and free from all forms of harassment. According to the Labour Act, sexual harassment includes any unwelcome, offensive or inappropriate conduct of a sexual nature that creates an intimidating, hostile  or humiliating work environment for the person on the receiving end. This may manifest in several ways, such as unsolicited physical contact, suggestive comments, sexually charged jokes, inappropriate gestures, indecent exposure or any behavior that makes another employee fee...

    In everyday conversation, we often throw around terms like “temporary staff” or “contract worker” as if they mean the same thing. When it comes to the law, especially under Ghana’s Labour Act, these terms carry different weights and knowing the distinction can make all the difference in how your business protects itself and treats people fairly.   A fixed-term contract is a formal agreement where the employer and the worker agree that the employment will last for a specific period. It could be six months, one year or even tied to the duration of a project. The most important thing is that the contract has a clear start date and a definite end date. Once that period ends, the contract naturally expires unless it is renewed. There’s no need for additional notice or termination procedures unless one party wants to end it early, in which case, the terms of early termination must be clearly stated in the contract itself.   On the other hand, temporary employment is mo...

    In the world of small business, it’s very common to have someone who’s “just helping.” Maybe it started with them passing by the shop one day and before you knew it, they were arranging stock, helping customers, running errands and holding things down. You give them something small at the end of the week, they come back again the next and over time, you begin to rely on them. They’re not on your payroll, there’s no contract, and you don’t even call them staff. You just say, “Oh, that’s Kojo, he helps me out.” It feels harmless. It feels manageable. But the law sees it very differently. Under Ghana’s Labour Act, specifically Section 78, a casual worker is someone employed on a short-term basis, usually for urgent, temporary, or seasonal tasks, and who does not work for more than six months in a year.Their wages are typically calculated per day, based on the actual days worked. In other words, casual workers are supposed to come in, complete a one-off job or a clearly time-b...