Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2017, the content of which is being examined under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Articles 1 and 3 of the Convention. Adequate protection against anti-union discrimination. In its previous observation, the Committee requested the Government to provide detailed information on the nature and outcome of the inquiries carried out into allegations of anti-union discrimination made by the ITUC in 2009 and 2011 and to ensure the application of sufficiently dissuasive sanctions in all cases where they proved to be well founded. The Committee regrets that the only information transmitted by the Government with regard to these allegations is a mere reference to the Labour Act, 2003 (Act 651) and provisions concerning termination of appointment by the employers. The Committee, once again, firmly requests the Government to provide detailed information on the nature and outcome of the inquiries carried out into allegations of anti-union discrimination made by the ITUC, including information on any sanctions or remedies applied in any cases in which the allegations were found to be substantiated.

Article 4. Collective bargaining certification. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that the legislation clearly provides for an election with a view to determining the most representative union for the purposes of collective bargaining in the event of plurality of trade unions in workplaces. The Committee notes that the Government reiterates that in practice, the Chief Labour Officer calls a meeting to discuss with the union representatives the mode of verification and venue for elections to determine the most representative union and that elections are held when a consensus is reached by all the stakeholders. The Committee takes note that this process is based on section 10(1) of the Labour Regulations, 2007. Recalling that the criteria to be applied to determine the representative status of organizations for the purpose of bargaining must be objective, pre-established and precise so as to avoid any opportunity for partiality or abuse (see the 2012 General Survey on the fundamental Conventions, paragraph 228), the Committee requests the Government to indicate the procedure to be followed in the event that no consensus is reached by all the stakeholders with regard to the mode of verification and venue of elections for the determination of the most representative union.

Article 5. Prison staff. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that prison staff enjoyed the right to organize and bargain collectively whether through amendment to the Labour Act or other legislative means. The Committee notes that the Government indicates that prisons services staff are excluded from the right to form a union guaranteed by the Labour Act because they have their own mode of handling their social and welfare issues, but that the concerns raised are being considered by the appropriate authorities. Recalling once again that the provisions of the Convention apply to prison staff, the Committee requests the Government to take the necessary measures to ensure that prison staff may exercise the guarantees in the Convention through organizations capable of defending their interests, including in collective bargaining, and to provide information on development made by the appropriate authorities in this regard.