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

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

The Committee notes the information provided by the Government in its report. It notes in particular the adoption in 2003 of the new Labour Act (No. 651) and wishes to draw the Government’s attention to the following points.

Article 1, paragraph 3(h), of the Convention. The Committee notes with interest that, contrary to the previously applicable Labour Decree, the newly adopted Labour Act does not exclude domestic workers from its scope of application.

Article 3, paragraph 4. The Committee regrets to note that the Government did not insert, as it had stated, a provision in the new Labour Act establishing an extension of the prenatal maternity leave until the actual date of confinement when confinement takes place after the expected date. It therefore once again requests the Government to take the necessary steps to include in the provisions of national laws or regulations a provision in this regard.

Article 4, paragraphs 4 and 8. The Committee notes that, according to section 57(2) of the Labour Act, a woman worker on maternity leave is entitled to be paid her full remuneration and other benefits to which she is otherwise entitled. The Government indicates that employers from the public and the private sectors pay their full remuneration to women workers on maternity leave. The Committee wishes to recall in this respect that, as it has been emphasized for a number of years, maternity benefits shall be provided either by means of compulsory social insurance or by means of public funds and that, in no case, the employer can be individually liable for the cost of such benefits due to women employed by him. The Committee consequently regrets that the Government has not taken the opportunity of the adoption of the new Labour Act to bring the national legislation into conformity with the Convention and hopes that it will indicate in its next report the measures taken or envisaged in this respect.

Article 6. The Committee notes that, in accordance with section 57(8) of the Labour Act, an employer cannot dismiss a woman worker because of her absence from work on maternity leave and that section 63(2)(e) further provides that, in the case of a woman worker, employment is terminated unfairly if the only reason for the termination is the pregnancy of the worker or the absence from work during maternity leave. It also notes that, by virtue of section 63(4) of the above Act, the burden of proving that the reasons for dismissal are fair rests on the employer.

In this respect, the Committee wishes to recall that this provision of the Convention stipulates that a woman absent from work on maternity leave cannot be dismissed or given notice of dismissal during such absence and that it does not allow dismissal to be made on any ground during the protected period. The Committee therefore requests the Government to examine the possiblity of amending the Labour Act to bring it into conformity with Article 6 of the Convention.

It also wishes to draw the Government’s attention to the possibility to ratify Convention No. 183 on maternity protection of 2000, which prohibits dismissal only for reasons related to pregnancy or birth of the child and its consequences or nursing.

The Committee is raising certain other issues in a request directly addressed to the Government.