Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee notes the observations of the Ghana Trades Union Congress (TUC) and the reply of the Government thereto.

1. In its communication concerning certain restrictions on bargaining of wages and salaries in subsidized (publicly financed) organizations, the TUC states that in order to narrow the disparities between civil service salaries and those of public sector agencies, the Government issued Circular No. B.2/93 which introduced a freeze on salaries and wages in subsidized organizations which employ union members with collective bargaining rights. The Committee notes the TUC's statement that subsidized organizations are not civil service establishments and that the right of their employees to bargain collectively and freely becomes frustrated by this directive. The Government states that the above-mentioned Circular was not aimed at stopping negotiations on wages and salaries. The Circular was issued to enable the Government time to study an impending report of a Salaries Commission on salary relativities; however, steps have been taken since then to withdraw the said Circular.

The Committee notes the above information and would recall that since Article 6 of Convention No. 98 only allows public servants engaged in the administration of the State to be excluded from its scope, other categories should enjoy the guarantees of the Convention and therefore be able to negotiate collectively their conditions of employment, including wages (see 1994 General Survey on Freedom of Association and Collective Bargaining, paragraph 262).

2. In its communication relating to redundancies in the cocoa industry, the TUC explains that section 2 of the Provisional National Defence Council (PNDC) Law 125 outlaws collective bargaining within the Ghana Cocoa Board in cases where the Board decides to declare workers redundant, while section 3 sets aside provisions in existing collective agreements with respect to Redundancy Awards. By virtue of this law, 10,400 workers were declared redundant by the Cocoa Board in July 1993. Contrary to its own previous decision to pay two years' salary to redundant workers as severance pay, the Cocoa Board decided to reduce the award to six months' pay, even though other workers declared redundant in January 1993 were paid two years' award.

The Committee notes the Government's statement that agreement was reached to pay the severance award to the above-mentioned 10,400 workers based on an formula agreed between the Ghana Cocoa Board and the trade unions, and that payment has been made accordingly. It further notes that the Government is taking steps to repeal the law in question; it would request the Government to supply the repealing legislation.