Individual Case (CAS) - Discussion: 1989, Publication: 76th ILC session (1989)

See under IA, as follows:

In response to the comments made by the Committee of Experts, the Government has communicated information on the application of Conventions Nos. 26, 30, 98, 100 and 119.

In addition, a Government representative stated that his Government's delegation had been in touch with the Office and had provided information in reply to the Committee of Experts' comments on the Conventions mentioned above, together with copies of the legislation requested by the Committee of Experts. He announced that the Government would make every effort to include further details as available in its next Article 22 report.

The Workers' members commented that, through its contacts with the Office, the Government had already taken a great step forward; they also welcomed the assurance that every effort would be made to improve the communication of further details. They recalled the very great importance of the obligation to supply reports, and especially of replying to the Committee of Experts observations and direct requests. Without replies to precise direct requests and observations, the ILO's supervisory machinery could not work. In this connection, they referred to the Committee of Experts' concern, expressed in paragraphs 87 and 88 of its report, about the large number of cases in which there had been no reply to its comments. Although there had been slightly fewer than in the previous year, the figure still stood at 177 cases. They hoped that, with contacts having been made and communication established despite administrative difficulties, the Government would be able to send in its replies to comments in future; if necessary, other forms of assistance should be furnished to the Government.

The Employers' members commented that this was the first case to be considered in this session concerning the duty to reply to comments of the Committee of Experts; they intended to deal with all such cases in the same fashion by pointing at the importance, for the supervisory machinery, of compliance with the obligation to report, as well as of replying to direct requests and observations. Whilst not wishing in any way to rank the respective importance of the five Conventions on which the reports requested were missing, there were two very important ones: the Right to Organise and Collective Bargaining Convention (No. 98), 1949, and the Equal Remuneration Convention (No. 100), 1951. The importance of the obligation to report has already been raised by this Committee with the Government in 1985, and the Employers' members hoped very much that in future reports would indeed be sent as required and that, as far as possible, the Office could give any necessary assistance.

The Government representative indicated, with respect to the Minimum Wage-Fixing Machinery Convention (No. 26), 1928, that in Ghana adequate machinery existed for fixing minimum wages, through a tripartite committee; the minimum wage had last been fixed in February 1989 and was binding on all employers. As regards the Hours of Work (Commerce and Offices) Convention (No. 30), 1930, there was a national committee on labour, which had been reconstituted in February 1989, and whose functions included advising the Minister on procedural points for legislation on labour and industrial relations. This committee had furnished the Minister with a memorandum on the revision of hours of work in commerce.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the adoption of the regulation issued under the Labour Act (L.I. 1833), but regrets that the Government’s report does not reply in a specific and detailed way to the questions raised by the Committee in its previous comment.

Article 1 of the Convention. Scope of application. The Committee notes that, according to the Government, task workers in commercial establishments are entitled to a limitation of their working time, as well as to rest periods. It nevertheless draws the Government’s attention to the fact that, in accordance with section 44 of the Labour Act, section 33 of this Act with respect to maximum hours of work does not apply to task workers. The Committee therefore requests the Government to indicate the statutory provisions limiting the hours of work for this category of workers.

Articles 6 and 8. Averaging of hours of work. The Committee notes with regret that the Government has merely reproduced the provisions of section 34(b) of the Labour Act, which allows for the averaging of hours of work over a period of four weeks, without limiting this arrangement, as provided under Article 6 of the Convention, to exceptional cases where the circumstances in which the work has to be carried on make the limits of eight hours in the day and 48 hours in the week inapplicable. Furthermore, the granting of exceptions in accordance with the Articles of the Convention, requires the adoption of regulations made after consultation with the workers’ and employers’ organizations, special regard being paid to collective agreements concluded by these organizations. Such regulations are not provided for under article 34(b) of the Labour Act. The Committee asks the Government once again to take the necessary measures to restrict the application of section 34(b) of the Labour Act to the cases envisaged by the Convention, and to make them conditional upon regulations made by the competent and national authority, adopted after consultation with the employers’ and workers’ organizations concerned. Furthermore, it requests the Government once again to limit to ten hours the daily working hours for the application of section 34(b) of the Labour Act, as prescribed by this provision of the Convention. The Government is also asked to indicate whether shift work, covered under section 36 of the Labour Act, is a form of organization of work found in commercial establishments or establishments in which the persons employed are mainly engaged in office work. The Committee also notes that section 34(c) of the Labour Act allows for the averaging of hours of work over a period of one year in enterprises with a seasonal activity, without other conditions. The Committee requests the Government to take measures to bring the introduction of such a scheme averaging hours of work under regulations adopted by the competent national authority, made after consultation with the employers’ and workers’ organizations concerned.

Article 7, paragraph 2, and Article 8. Temporary exceptions. The Committee notes the Government’s reference in its report to section 38 of the Labour Act, which allows enterprises to require workers to perform additional hours without extra pay in certain exceptional circumstances, including in the case of “an accident threatening human lives or the very existence of the enterprise”. In this respect, it notes that, according to the Government, it is up to the employers to specify the circumstances other than an accident under which additional hours of work without pay may be performed. The Committee recalls, however, that Article 7, paragraph 2, of the Convention only allows the granting of temporary exceptions, apart from accidents, in very specific circumstances: in case of urgent work to machinery or plant; in case of force majeure; in order to prevent the loss of perishable goods or avoid endangering the technical results of the work; in order to allow for special work such as stocktaking and the preparation of balance sheets; or in the case of an abnormal pressure of work. The Committee therefore hopes that the Government will take measures to limit, in a manner that is in conformity with the Convention, the situations in which employers are authorized to ask their employees to do additional hours of work.

Furthermore, the Committee notes with regret that the Government has not replied to its previous comments on section 35(3)(a) of the Labour Act, under which workers may be compelled to do overtime work if they are employed in enterprises the very nature of which requires overtime in order to be viable. The Committee requests the Government once again to provide information on the enterprises covered by this provision; to indicate whether the possibility of demanding workers to do overtime is limited to cases in which such enterprises have to deal with cases of abnormal pressure of work due to special circumstances, in so far as the employer cannot ordinarily be expected to resort to other measures; and to stipulate whether legal provisions establish the number of additional hours of work allowed in the day and in the year. Furthermore, the Committee draws the Government’s attention once again to the fact that the rate of pay of overtime has to be increased by at least 25 per cent in relation to the regular rate, whereas section 35(2) of the Labour Act only provides that the enterprise has to fix rates of pay for overtime work, without establishing the statutory minimum rate. The Committee therefore requests the Government to indicate once again the measures adopted or envisaged to ensure compliance with the increased rate of pay prescribed by the Convention.

Finally, the Committee notes that the Government mentions in its report that it consults employers’ and workers’ organizations on labour matters at all times. It requests the Government to provide detailed information on the consultations previously held which led to the determination of the types of temporary exceptions provided under the Labour Act.

Article 11, paragraph 2. Posting of hours of work and record of additional hours. The Committee notes that according to the information provided by the Government in its report under the Hours of Work (Industry) Convention, 1919 (No. 1), hours of work are generally stipulated in enterprise rules. It requests the Government to indicate whether, if there are no such provisions in the enterprise rules, employers are bound – and in which manner – to inform their employees of the hours of work. The Government is also asked to specify whether employers are required to keep records of additional hours worked by their employees.

Article 11, paragraph 3. Employment of a person outside the hours fixed. The Committee notes with regret that the Government’s report does not contain any reply to its previous comments on this point. It requests the Government once again whether legal provisions stipulate that employing a person outside established working hours or during rest periods is considered an offence, as provided by this provision of the Convention.

Article 12. Penalties. The Committee notes that, in reply to its previous comment, the Government refers to section 173 of the Labour Act. It nevertheless points out that this section only concerns the responsibility of governing bodies of legal entities and does not contain any provision of substance concerning the penalties to be applied for a violation of regulations on working time. The Committee therefore requests the Government once again to provide information on the system of penalties to ensure the enforcement of the national legislation on hours of work.

Part V of the report form. The Committee requests the Government to provide general information on the way in which the Convention is applied in practice, by giving, for example, extracts from reports of the inspection services and, if possible, details on the number of workers covered by the legislation, the number and nature of the violations of the provisions of the Labour Act pertaining to working time, and any remedial action taken.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the adoption of the Labour Act of 8 October 2003 (Act No. 651). It requests the Government to indicate the date of entry into force of the Act and to provide the Office with a copy of its implementing regulations as soon as they have been adopted. The Committee would also be grateful to be provided with fuller information on the following points.

Article 1 of the Convention. Scope of application. The Committee notes that, under the terms of section 1, the Labour Act applies to all workers and to all employers (except the Armed Forces, the Police Service, the Prison Service and the Security and Intelligence Agencies). However, section 44 of the Act provides that sections 33, 34 and 40 to 43, with respect to maximum hours of work and rest periods, do not apply to task workers, who are defined in section 175 of the Act as persons who perform a piece of work for a fee. The Committee requests the Government to indicate whether certain workers employed in commercial establishments or establishments in which the persons employed are mainly engaged in office work are paid on a piecework basis. If so, the Government is requested to provide information on any provisions as to hours of work applicable to task workers, and their application in practice.

Article 3. Weekly hours of work. The Committee notes with interest that the new Labour Act reduces the statutory weekly hours of work from 45 to 40 hours.

Article 6. Averaging of hours of work. The Committee notes that section 34(b) of the Labour Act allows for the averaging of hours of work over a period of four weeks, without limiting this possibility to exceptional cases where the circumstances in which the work has to be carried out make the limits of eight hours in the day and 48 hours in the week inapplicable. The Committee requests the Government to take the necessary measures to limit the application of this provision to the cases envisaged by the Convention. It also requests the Government to limit to ten hours the daily working hours for the application of section 34(b) of the Labour Act, as prescribed by the Convention. The Committee further notes that, in the context of shift work, section 36 of the Labour Act permits the averaging of hours of work over a period of four weeks or less. The Committee requests the Government to indicate whether this form of organization of work is found in commercial establishments or establishments in which the persons employed are mainly engaged in office work.

Article 7, paragraph 2(a). Temporary exceptions - Exceptional circumstances. The Committee notes that, under section 38 of the Labour Act, workers may be required to perform additional hours without additional pay in certain exceptional circumstances, including an accident threatening human lives or the very existence of the enterprise. It requests the Government to specify the circumstances other than an accident in which this provision may be applied.

Article 7, paragraphs 2(d), 3 and 4. Temporary exceptions - Abnormal pressure of work. The Committee notes that, under section 35, subsection 3(a), of the Labour Act, workers may be compelled to do overtime work if they are employed in enterprises the very nature of which requires overtime in order to be viable. It requests the Government to provide information on the enterprises covered by this provision. The Government is also requested to indicate whether, as required by the Convention, legislative measures limit the authorization of overtime hours to cases in which such enterprises have to deal with cases of abnormal pressure of work due to special circumstances, in so far as the employer cannot ordinarily be expected to resort to other measures, and whether the number of additional hours of work which may be allowed in the day and in the year has been determined. Finally, the Committee draws the Government’s attention to the fact that the rate of pay for overtime has to be increased by at least 25 per cent in relation to the regular rate. However, it notes that section 35(2) of the Labour Act only provides that the undertaking has to fix rates of pay for overtime work, without establishing the statutory minimum rate. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure compliance with the increased rate of pay prescribed by the Convention.

Article 8. Consultation with workers’ and employers’ organizations. The Committee notes that the Labour Act makes provisions for those exceptions allowed under Articles 6 and 7 of the Convention. However, the Government has not indicated the manner in which the consultation of workers’ and employers’ organizations is ensured in this respect. The Committee requests the Government to indicate whether such consultations are held in practice.

Article 11, paragraph 2. Posting of hours of work and record of additional hours. The Committee notes that, under section 39 of the Labour Act, the hours at which work begins and ends must be fixed by the rules of each enterprise. It requests the Government to provide additional information on the manner in which employers meet their obligation to notify hours of work and rest periods to workers, for example, by providing them with a copy of the enterprise rules. The Government is also requested to indicate whether employers are legally obliged to keep records of additional hours worked. In this respect, the Committee notes that, according to the information provided by the Government in its report, the information required by Article 11, paragraph 2, of the Convention is contained in collective agreements. The Government refers to section 98 of the Labour Act, under which a sectoral collective agreement may include provisions on, among other matters, the conditions of work, including the hours of work, rest periods, meal breaks, etc. The Committee wishes to emphasize that the existence of sectoral collective agreements is not sufficient to ensure compliance with this provision in relation to all the workers covered by the Convention. Moreover, section 98, referred to above, does not require the inclusion of such provisions in collective agreements but merely provides for this possibility.

Article 11, paragraph 3. Employment of a person outside the hours fixed. The Committee recalls that, under this provision of the Convention, it must be made an offence to employ any person outside the hours fixed or during rest periods. It requests the Government to indicate the legal provisions which give effect to this rule.

Article 12. Penalties. The Committee requests the Government to indicate the penalties established to ensure the enforcement of the provisions of the national legislation on hours of work, as envisaged in the Convention.

Part V of the report form. The Committee notes with interest that a training workshop was organized in September 2004 for labour inspectors to familiarize them with the new Labour Act and to ensure its effective enforcement. It also notes that in 2003 inspections were carried out in 254 establishments employing 8,196 workers. The Committee requests the Government to provide, where possible, data on the number and nature of the contraventions reported during these inspections and to continue providing information of a general nature on the effect given to the Convention in practice.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s latest report, on the period ending June 1999. It recalls that for many years its comments have related to the need to give effect to Articles 5 and 7 of the Convention by amending sections 50 and 53 of Labour Decree No. 342 of 3 April 1969. Already in 1989, the Committee noted in a direct request that the Labour Advisory Committee had proposed to the Government an amendment of the 1969 Decree to this effect. The Committee regrets that no progress has been made since then and that the Government has merely indicated in its successive reports that the review procedure is proceeding. The Committee trusts that the draft codification of national labour legislation mentioned in the Government’s latest report will be adopted very shortly and that copies of the texts relating to application of the Convention will be transmitted to the ILO as soon as possible.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s latest report, on the period ending June 1999. It recalls that for many years its comments have related to the need to give effect to Articles 5 and 7 of the Convention by amending sections 50 and 53 of Labour Decree No. 342 of 3 April 1969. Already in 1989, the Committee noted in a direct request that the Labour Advisory Committee had proposed to the Government an amendment of the 1969 Decree to this effect. The Committee regrets that no progress has been made since then and that the Government has merely indicated in its successive reports that the review procedure is proceeding. The Committee trusts that the draft codification of national labour legislation mentioned in the Government’s latest report will be adopted very shortly and that copies of the texts relating to application of the Convention will be transmitted to the ILO as soon as possible.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's report for the period ending June 1993 and the draft amendment of articles 50 and 53 of the Labour Regulations attached to the report.

It notes in particular that pursuant to its previous comments the Government intends with these amendments to bring the national legislation into full conformity with Articles 5 and 7 of the Convention. The Committee trusts that the new texts will be adopted shortly; it would be grateful if the Government would inform the ILO of this immediately and send it copies of the final texts.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report for the period ending June 1993 and the draft amendment of articles 50 and 53 of the Labour Regulations attached to the report.

It notes in particular that pursuant to its previous comments the Government intends with these amendments to bring the national legislation into full conformity with Articles 5 and 7 of the Convention. The Committee trusts that the new texts will be adopted shortly; it would be grateful if the Government would inform the ILO of this immediately and send it copies of the final texts.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of the information supplied in the Government's report and by a Government representative to the Conference Committee in June 1989. Further to its previous comments, it notes with interest that the National Advisory Committee, reconstituted in 1989, has submitted a memorandum to the Labour Minister proposing that sections 50 and 53 of the Labour Regulations of 1969 be amended to bring them into conformity with Articles 5 and 7 of the Convention.

The Committee trusts that the appropriate amendments to the legislation will be adopted in the near future and that they will ensure that full effect is given to the Convention. It requests the Government to supply the International Labour Office with a copy of the new provisions in due course.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of the information supplied in the Government's report and by a Government representative to the Conference Committee in June 1989. Further to its previous comments, it notes with interest that the National Advisory Committee, reconstituted in 1989, has submitted a memorandum to the Labour Minister proposing that sections 50 and 53 of the Labour Regulations of 1969 be amended to bring them into conformity with Articles 5 and 7 of the Convention.

The Committee trusts that the appropriate amendments to the legislation will be adopted in the near future and that they will ensure that full effect is given to the Convention. It requests the Government to supply the International Labour Office with a copy of the new provisions in due course.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied in the Government's report and by a Government representative to the Conference Committee in June 1989. Further to its previous comments, it notes with interest that the National Advisory Committee, reconstituted in 1989, has submitted a memorandum to the Labour Minister proposing that sections 50 and 53 of the Labour Regulations of 1969 be amended to bring them into conformity with Articles 5 and 7 of the Convention.

The Committee trusts that the appropriate amendments to the legislation will be adopted in the near future and that they will ensure that full effect is given to the Convention. It requests the Government to supply the International Labour Office with a copy of the new provisions in due course.