Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equal Remuneration Convention, 1951 (No. 100) - Ghana (Ratification: 1968)

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes that since the adoption of the Labour Act in 2003, the Committee has been raising concerns regarding sections 10(b) and 68 of the Act, which are set out in terms that are more restrictive than the principle of the Convention. The Committee notes the Government’s statement that “equal pay for equal work without distinction of any kind” under sections 10(b) and 68 of the Labour Act is synonymous with the principle of equal remuneration for men and women for work of equal value. However, the Government provides no details in support of this assertion and gives no indication that jobs of a completely different nature can be compared under the Act. The Committee notes further the Government’s indication that it will, however, re-examine the Committee’s concerns. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–679). The Committee asks the Government to take the necessary measures to amend sections 10(b) and 68 of the Labour Act of 2003, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value set out in the Convention, and to provide information on any progress made in this regard.

Equal remuneration for work of equal value in the public service. The Committee recalls that the job evaluation exercise to determine the value of all public service jobs had been completed in April 2009, and that as a result, a public service pay policy setting out a single spine salary structure had been adopted in November 2009, effective January 2010. The Committee also recalls that the evaluation had been made on the basis of four main job factors (knowledge and skill, responsibility, working conditions and effort) which had been subdivided into 13 sub-factors. The Committee notes the Government’s indication that currently 95 per cent of all public service employees have been brought under the single spine salary structure, and that all public service employees would be brought under this structure by the end of 2012. The Committee asks the Government to provide information on the progress made in covering all public service employees by the single spine salary structure, and how this has impacted on the relative pay of women and men in the public service. Please provide, in particular, specific information on the number of men and women at each level of the pay structure. It also asks the Government to provide information on the practical application of this single spine salary structure, including on the issues dealt with by the Fair Wages and Salaries Commission and the steps taken by this Commission to ensure full application of the principle of the Convention in the public service. The Government is again requested to provide a copy of the single spine salary policy and the single spine salary structure adopted.

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