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

Labour Inspection Convention, 1947 (No. 81) - Ghana (Ratification: 1959)

Articles 1, 4, 9, 10, 11 and 16 of the Convention. Organization and functioning of the labour inspection system. In its comments to the Government since 2009, the Committee noted the Government’s commitment to establishing the necessary systems and infrastructure to enable the effective inspection of workplaces liable to inspection and the fact that the computerization of the inspection services was under way. It also noted, according to the information provided in the report on the Worst Forms of Child Labour Convention, 1999 (No. 182), the lack of capacity and logistical deficiencies for labour inspection, but also the fact that the Government has helped the Labour Department and the Factories and Inspectorate Department with capacity building through human resources development and the provision of logistics and equipment. These departments are undergoing needs assessment and organizational restructuring to meet their requirements for labour inspection. The Government has enhanced its commitment to enable the staff of these departments to follow some of the training courses run by ILO–African Regional Labour Administration Centre (ARLAC) to strengthen their capacities aimed at providing effective labour inspection.

In its present report, the Government refers to the shortage of logistical resources faced by the inspectorate, particularly the insufficient number of labour inspectors and vehicles. The Committee notes that no information has been supplied by the Government in reply to its previous comments concerning the application of these provisions. The Committee therefore urges the Government to reply to its previous comments, which read as follows:

The Committee would be grateful if the Government would provide detailed information on the structure of the existing labour inspection system, the results of the assessment undertaken and any measures taken or envisaged to reorganize the labour inspectorate.

Noting with concern the small number of visits carried out (106 to 147 according to the statistics provided by the Government) and of workers covered by such visits (1,647) in 2007, the Committee requests the Government to describe, in particular, any measures taken, in terms of strengthening staff numbers, training of staff, allocation of transport facilities and logistical means, with a view to ensuring that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions covered by the Convention, in accordance with Article 16.

The Committee requests once again the Government to describe the procedure applicable for the reimbursement to labour inspectors of their occupational transport and travel expenses, and to communicate a copy of any relevant legal provisions.

Article 12(1)(a). Right of labour inspectors to enter freely workplaces liable to inspection. In its comments since 2005, the Committee has asked the Government to take the necessary measures to ensure that the relevant legislation is supplemented to extend labour inspectors’ right of free entry to workplaces to periods outside working hours and to keep the ILO informed in this regard. The Government indicates that all the necessary steps will be taken to respond to the Committee’s concern in this regard and that information will be communicated should any amendments be made. The Committee hopes that measures will actually be taken to give effect to this provision of the Convention and requests the Government to keep the ILO informed of any developments in this regard.

Articles 3(1), 17, 18 and 21(e). Enforcement of legal provisions relating to the conditions of work and the protection of workers, prosecutions and enforcement of penalties. With reference to its comments since 2009, in which it asked the Government to take appropriate measures to ensure that legal provisions relating to the conditions of work and the protection of workers are effectively enforced through legal proceedings where necessary, the Committee notes that the Government reiterates its commitment to the enforcement of legal provisions as provided for by Articles 3(1), 17 and 18 of the Convention, through social dialogue, persuasion and diplomacy. It also declares that its wish to encourage mutual respect for conditions of work and protection of workers lies behind the setting up of the National Labour Commission (NLC) for dealing with labour-related complaints. A wages commission was also established in 2006 to resolve issues of insufficient payments and pay negotiations with public sector workers, with enterprise-level unions having a say in the resolution of any abuses. Moreover, even though section 38 of the 2007 Labour Regulations provides for fines and penalties for violations reported by labour inspectors, in practice these violations are settled at enterprise level or in the NLC. The Committee further notes that in 2010 one “penalty unit” was the equivalent of 20 Ghanaian cedis (GHS) and that the judiciary is responsible for revising this value every year. However, the Committee notes that no information has been supplied either on violations reported by labour inspectors or on fines imposed under section 38 of the 2007 Labour Regulations, or on measures taken to ensure that the latter are enforced. The Committee therefore requests the Government to indicate whether labour inspectors are free to decide to give warning and advice instead of instituting or recommending proceedings, in accordance with Article 17(2) of the Convention. The Committee also requests the Government to indicate the criteria for revising the value of the “penalty unit”, to send a copy of the last two revision decisions handed down by the judiciary, and also statistical information relating to violations of the labour legislation (indicating the relevant provisions) and penalties imposed.

Articles 19, 20 and 21. Periodical reports and annual inspection report. In its comments since 2009, the Committee has asked the Government to take measures rapidly to establish the conditions in which the central labour inspection authority can collect data on the activities of the services under its control with a view to publishing an annual report on the work of the inspection system containing information on the subjects specified in Article 21(a)–(g). The Government indicates that measures to this end are being adopted and that copies of the annual report will be sent once it has been drawn up. The Committee notes with concern that the last Labour Department report received at the ILO dates back to 2000. The Committee hopes that the measures adopted will facilitate the production of periodic reports by local inspection offices on the results of their activities, as required by Article 19, and that these reports will serve as the basis for the central inspection authority to publish and communicate an annual report to the ILO in the time limits laid down by Article 20 and containing the information required by Article 21(a)–(g). The Committee requests the Government to keep the ILO informed of any further developments. It reminds the Government that it may avail itself of ILO technical assistance in this regard if necessary.