Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Ghana (Ratification: 1959)

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:

Repetition

Articles 1(1) and 3(2) of the Convention. Minimum wage fixing machinery. The Committee notes that, following the adoption of the Labour Act, 2003 (Act 651), a permanent consultative body, the National Tripartite Committee, has replaced the old Tripartite Committee on Salaries and Wages. It also notes that under sections 112, 113(1) and 114(1) of the Labour Act, the NTC is composed of an equal number of government, employer and worker representatives, holds regular meetings every three months, and has as one of its main functions the determination of the national daily minimum wage. The Committee would be grateful if the Government would continue to communicate information on the functioning of the NTC as regards the determination and periodic adjustment of the national daily minimum wage.

Article 2. Scope of application. The Committee notes that the Government’s last report simply indicates the categories of workers excluded from the coverage of the statutory minimum wage, but does not clarify whether and, if so, how minimum wage rates are fixed for these workers. The Committee therefore reiterates its request for further explanations on this point and asks the Government to transmit copies of any relevant texts.

Article 4. System of sanctions. While noting the Government’s statement that under sections 122 and 138 of the Labour Act, the labour inspection and the National Labour Commission are responsible for ensuring compliance with the provisions of the Act, the Committee requests the Government to indicate the specific sanctions provided for in the event of infringement of the statutory minimum wage and also to elaborate on the procedural mechanisms enabling workers to recover sums due in respect of the minimum wage.

Article 5 and Part V of the report form. Practical application. The Committee notes the statistical information on the number of labour inspection visits carried out per year in the period 2001–05. The Committee would be grateful if the Government would continue supplying information on the practical application of the Convention, including, for instance, the approximate number of workers covered by the national minimum daily wage, inspection results showing the number of violations of the minimum wage legislation reported and the penalties imposed, extracts from official reports addressing questions related to the minimum wage system, information on the evolution of the national minimum wage as compared to the evolution of economic indicators such as the inflation rate in recent years, and any other particulars which would permit a general evaluation of the manner in which the Convention is applied.