Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s statement that section 68 of the 2003 Labour Act “reconciles and harmonizes” previously existing labour regulations, including section 68 of the 1969 Labour Regulations (LI 632), in conformity with the 1992 national Constitution and ratified Conventions of the ILO. While the provisions of the 1969 Labour Regulations referring to “identical or substantially identical work” have been repealed with the adoption of the Labour Act, the Committee notes that section 68 of the Labour Act still refers to “equal work” rather than the broader concept of “work of equal value” which is used in the Convention. The Committee regrets that, in adopting a new Labour Act, the opportunity was not taken to include a specific reference to equal remuneration for men and women for work of equal value, as the Committee had, for a number of years, asked the Government to consider such an amendment. The Committee recalls that “work of equal value”, unlike “equal work”, requires comparisons between work of a different nature, work carried out under different conditions, or for different employers. Providing for a comparison based on the value of work, rather than requiring the same or similar work, is particularly important given that men and women are often concentrated in different jobs, and that jobs typically performed by women are often undervalued. The Committee again asks the Government to consider amending the legislation to provide expressly for equal remuneration for men and women for work of equal value. It also asks the Government to forward any court and administrative decisions involving the application of section 68 of the Labour Act.

2. The Committee notes that the definition of “remuneration” set out in section 175 of the Labour Act includes “the basic or minimum wage or salary and any additional emoluments payable directly or indirectly by the employer to the worker on account of the worker’s employment”. While this definition is in line with the definition of remuneration set out in Article 1(a) of the Convention, the Committee notes that section 68 of the Labour Act refers to equal pay, and does not use the term remuneration. As pay is not defined in the Labour Act, and appears to be used in a manner different from remuneration, the Committee asks the Government to indicate how the term pay has been interpreted.

3. Article 2(1). Promotion of the principle of equal remuneration. The Committee notes the Government’s statement that the establishment of the National Labour Commission pursuant to section 135 of the Labour Act and the implementation of an affirmative action policy are measures that have been put in place to promote and ensure the application of the principle of equal remuneration for men and women for work of equal value. As the functions of the Commission set out in section 138 of the Labour Act do not specifically refer to the issue of equal remuneration, the Committee asks the Government to provide more detailed information on the role of the Commission in this regard. The Committee would also like to receive information on the status of the affirmative action policy, specific activities and measures carried out pursuant to the policy with relation to equal remuneration, and the results achieved.

4. The Committee notes that the Public Sector Medium to Long Term Salaries and Wages Policy of 1999, which includes the Ghana Universal Salary Structure, makes specific reference to “equal pay for equal worth”. The Committee notes the Government’s assertion that the full institutionalization of this policy will require eight to ten years. As this policy has already been in place for seven years, the Committee asks the Government to provide information on the progress made in implementing the policy and the results achieved. The Committee also reiterates its request for information on any action taken by the National Commission on Women and Development that would directly or indirectly promote the application of the Convention.

5. Article 2(2)(c). Collective agreements. The Committee reiterates its request for information on the measures taken by the National Advisory Committee on Labour to prohibit the use of gender discriminatory language in collective agreements, and asks the Government to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender discriminatory provisions and language.

6. Article 3. Objective evaluation of jobs. The Committee notes the information provided by the Government with regard to the methods and criteria used for classifying jobs in the public sector, and in particular the series of factors set out in the Public Sector Medium to Long Term Salaries and Wages Policy. The Committee asks the Government to provide information on how it ensures that there is no gender bias in the evaluation process under the public sector wage policy, and reiterates its request for information regarding any action taken to promote objective appraisal of jobs in the private sector.

7. Part V of the report form. Statistical information. The Committee would welcome all available information from the Government indicating the distribution of men and women in the public and private sectors, occupational groups and earnings in accordance with its general observation of 1998 on the importance of statistical data, to assist the Committee in evaluating application by the Government of the principle of equal remuneration.