Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Articles 10, 11 and 16 of the Convention. Human resources and material means of the labour inspectorate and coverage of workplaces. In its previous report, the Government had stated that it faced challenges including an insufficient number of inspectors and inadequate logistical support for inspections and enforcement. In reply to the previous comment of the Committee, the Government indicates that it has recruited over 75 labour officers and inspectors to increase staffing levels. The Committee notes that according to the Government, the Labour Department counts 170 inspectors. The Committee notes, however, that this figure is similar to the one reported in 2017, when the Government indicated a total of 171 inspectors. Concerning the reasons for the decline of inspections undertaken by the Department of Factories Inspectorate between 2014 and 2016, the Government indicates that such decline was due to the attrition rate of workers, which the country witnessed between 2014 and 2016.The Government also indicates that, after this period, more inspectors have been recruited and that it is still recruiting additional staff to enable the Department to enhance its inspectorate work. The Committee notes that the Government does not provide information on the number of staff in the Department of Factories Inspectorate. Further, the Committee notes that, according to the Statistical Reports of the Ministry of Employment and Labour Relations for the years 2018, 2019 and 2020, the number of labour inspections undertaken by the Labour Departments were 284 in 2018, 202 in 2019 and 256 in 2020. The Committee also notes that the inspections in the field of occupational safety and health, undertaken by the Department of Factories Inspectorate were 2,147 in 2018, to 2,936 in 2019 and 2,676 in 2020. With respect to material resources available to the labour inspectorate, the Government indicates that office equipment and vehicles were provided to the Labour Department and the Department of Factories Inspectorate to enhance their operations. The Committee requests the Government to continue to provide information on the number of labour inspections undertaken by the Labour Department and the Department of Factories Inspectorate and the number of inspectors in each Department. The Committee also requests the Government to explain whether the current number of Labour Department inspectors is adequate to conduct effective inspections of workplaces in light of the Government’s prior indication that it was not. Further, the Committee requests the Government to continue to provide information on the measures taken to ensure that the labour inspection services have at their disposal the required material resources to enable them to effectively carry out their duties.

Articles 17, 18 and 21(e). Enforcement of the legal provisions relating to the conditions of work and the protection of workers. The Committee previously requested information on the application of penalties, as well as concerning the revision of penalties for labour law provisions. The Committee notes in this regard the Government’s indication that it will provide the requested information in its next report. The Committee further notes that a training for labour inspectors and the Office of the Attorney General was organized in June 2022 under the Trade for Decent Work Programme (T4DW). The Committee notes that in its report under Convention No. 182, the Government indicates that such training resulted in useful recommendations for improving the collaboration between the Office of the Attorney General and the labour inspectorate on the prosecution of cases of child labour and other violations at the workplace.The Committee renews its request for the Government to provide detailed statistics on the violations detected, the number and nature of penalties imposed and the amount of fines collected. It also requests the Government to indicate the follow-up actions for issues of non-compliance detected, including statistics on the outcome of the cases transmitted for prosecution. In addition, the Committee requests the Government to provide information on any revision of “penalty units”, as defined pursuant to the Fines (Penalty Units) Act of 2000, with a view to ensuring that there are adequate penalties for violations of the legal provisions enforceable by labour inspectors.

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