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Maternity Protection Convention (Revised), 1952 (No. 103) - Ghana (RATIFICATION: 1986)

1. The Committee notes the information communicated by the Government in its latest report and of the pertinent extracts of certain collective agreements signed in the private sector. Further to its previous comments, the Committee notes that the Government refers once again to the process of codifying the country’s labour laws. The codification exercise involves the amendment of several standards and changes in practice. A draft labour bill has already been discussed by a tripartite forum taking into account all the comments made by the Committee of Experts as well as current developments on the international labour front. The outcome of the issue of codification and the harmonization of domestic legislation with international instruments will be communicated in due course. The Committee trusts that the Government will not fail to take all the necessary measures to complete the legislative amendments announced and that, in so doing, the following comments will be borne in mind.

Article 1, paragraph 3(h), of the Convention. The Committee recalls that by virtue of section 74 of the Labour Decree and the definition of the term "worker" given in it, domestic workers are excluded from the maternity protection guaranteed by Part V of the Decree. The Committee draws the Government’s attention once again to the need to amend the aforementioned provision of national legislation in order to give women engaged in domestic work for wages in private households the protection guaranteed under the Convention.

Article 3, paragraph 4. The Committee recalls that when confinement takes place after the presumed date, legislation does not specifically provide for extending the prenatal leave until the actual date of confinement.

Article 3, paragraphs 5 and 6. In its previous reports, the Government indicated that in practice any absence certified by a registered physician as resulting from illness caused by pregnancy or confinement is considered as sick leave. The Committee nevertheless stated that the relevant provisions of legislation (General Order of 1951) and collective agreements did not in themselves guarantee in all cases extension of maternity leave in the event of illness arising out of pregnancy or confinement. The Committee therefore hopes that the Government will take the necessary measures in order to introduce a provision in legislation in order to give full effect to Article 3, paragraphs 5 and 6, of the Convention.

Article 4, paragraphs 1 and 3. The Committee recalls that there is no provision in national legislation concerning entitlement to medical benefits. It trusts that the Government will take the necessary legislative measures in order to ensure that all women workers covered by the Convention are entitled to medical benefits in accordance with these provisions of the Convention.

Article 4, paragraphs 4 to 8. In reply to the Committee’s previous comments, the Government indicates that the matters dealt with by Article 4, paragraphs 4 to 8, of the Convention are still under discussion. While being aware of the difficulties encountered by the Government in this regard, the Committee hopes that measures will be adopted giving full effect to these provisions of the Convention which stipulate in particular that cash and medical maternity benefits shall be provided either by means of compulsory social insurance or from public funds, and that in no case shall the employer be held individually liable for the cost of such benefits.

2. Article 4, paragraph 2. Further to its previous comments, the Committee notes with interest that the extracts of the three collective agreements supplied by the Government show that during maternity leave women workers covered by these agreements continue to receive their wages in full. It requests the Government to continue to supply copies of any other collective agreements concluded in the private sector which contain provisions in this regard. The Committee also requests the Government to supply a copy of the public service administrative instructions concerning payment of remuneration during maternity leave.

3. The Committee wishes to draw the Government’s attention to the possibility of receiving technical assistance from the International Labour Office.