Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Ghana (Ratification: 1959)

Other comments on C098

Observation

Direct Request

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Articles 1 and 3 of the Convention. Anti-union discrimination. In its previous observation, the Committee requested the Government to conduct the necessary inquiries into allegations of anti-union discrimination made by the International Trade Union Confederation (ITUC) in 2009 and 2011 and, in all cases where they proved to be well founded, to ensure the application of sufficiently dissuasive sanctions. The Committee also requested the Government to reply to the ITUC’s allegation that some employers had used a 2008 decision of the Accra High Court, that employers could dismiss workers without giving any reasons, to remove trade unionists from their enterprises. The Committee notes that the Government indicates that it has taken the necessary steps to investigate the ITUC’s allegations and refers to the prohibition against anti-union discrimination in the Labour Act 2003. The Committee requests the Government to provide detailed information on the nature and outcome of the inquiries carried out into allegations of anti-union discrimination made by the ITUC including, in any cases in which the allegations were found to be substantiated, information on any sanctions or remedies applied.

Article 4. Collective bargaining certification. In previous observations, the Committee had requested the Government to ensure that legislation clearly provided for an election with a view to determining the most representative union for the purposes of collective bargaining in the event of plurality of trade unions. The Committee notes that the Government reiterates that the unions have the prerogative of deciding in good faith the modality that best suits them and that the union issued with the bargaining certificate is obliged to consult or, where appropriate, invite other unions to participate in the negotiation process. The Government further indicates that, in practice, the Chief Labour Officer will call a meeting to discuss with union representatives the mode of verification and venue for elections to determine the most representative union. The Committee again recalls that when national legislation provides for a compulsory procedure for recognizing unions as exclusive bargaining agents, certain safeguards should be attached. The Committee requests the Government to take the necessary measures to ensure that the legislation clearly provides for an election with a view to determining the most representative union for the purposes of collective bargaining in the event of plurality of trade unions in workplaces, and to provide information on developments in this regard.

Article 5. Prison staff. In previous observations, the Committee had requested the Government to take the necessary legislative measures to ensure that members of the prison service staff enjoyed the right to organize and bargain collectively. The Committee notes that the Government has indicated that the exclusion of prisons services staff from the Labour Act is reasonably necessary in the interest of national security or public order or for the protection of the rights and freedom of others and that the concerns raised are being considered by the appropriate authorities. Recalling once again that the provisions of the Convention apply to prison staff, the Committee requests the Government to take the necessary measures to ensure that prison staff may exercise the guarantees in the Convention through organizations capable of defending their interests, including in collective bargaining, whether through amendment to the Labour Act or other legislative means, and to provide information on developments in this regard.