Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Ghana (Ratification: 1958)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report merely reproduces the same information contained in its last report of 2008. It is therefore bound to repeat its previous request which concerned the following points.

Articles 7 and 8 of the Convention. Permanent and temporary exemptions. The Committee notes that the Labour Act, 2003, does not appear to authorize, or otherwise regulate, work during the weekly rest period neither by reason of standard needs (special weekly rest schemes) nor on grounds of unforeseen circumstances (temporary exemptions). Given the fact that there is a real need to keep certain establishments in operation on the day of rest, which may be inherent (for example in the case of hospitals, hotels, newspapers, continuous processes, transport, etc.) or exceptional (for example in the case of major accidents, force majeure or urgent work to equipment), the Committee requests the Government to indicate the measures taken or envisaged in order to give full effect to these Articles of the Convention, including the obligation to grant compensatory rest of a total duration of at least 24 hours to those performing work on a weekly rest day.

Article 10(2). Sanctions. The Committee observes that the Labour Act does not appear to provide for specific penalties for failure to apply its provisions on weekly rest. The Committee therefore requests the Government to specify the legal provisions, and transmit a copy of any relevant text, establishing penalties to ensure the enforcement of the standards concerning weekly rest.

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

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 7 and 8 of the Convention. Permanent and temporary exemptions. The Committee notes that the Labour Act, 2003 does not appear to authorize, or otherwise regulate, work during the weekly rest period neither by reason of standard needs (special weekly rest schemes) nor on grounds of unforeseen circumstances (temporary exemptions). Given the fact that there is a real need to keep certain establishments in operation on the day of rest, which may be inherent (for example in the case of hospitals, hotels, newspapers, continuous processes, transport, etc.) or exceptional (for example in the case of major accidents, force majeure or urgent work to equipment), the Committee requests the Government to indicate the measures taken or envisaged in order to give full effect to these Articles of the Convention, including the obligation to grant compensatory rest of a total duration of at least 24 hours to those performing work on a weekly rest day.

Article 10(2). Sanctions. The Committee observes that the Labour Act does not appear to provide for specific penalties for failure to apply its provisions on weekly rest. It therefore requests the Government to specify the legal provisions, and transmit a copy of any relevant text, establishing penalties to ensure the enforcement of the standards concerning weekly rest.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 7 and 8 of the Convention. Permanent and temporary exemptions. The Committee notes that the Labour Act, 2003 does not appear to authorize, or otherwise regulate, work during the weekly rest period neither by reason of standard needs (special weekly rest schemes) nor on grounds of unforeseen circumstances (temporary exemptions). Given the fact that there is a real need to keep certain establishments in operation on the day of rest, which may be inherent (for example in the case of hospitals, hotels, newspapers, continuous processes, transport, etc.) or exceptional (for example in the case of major accidents, force majeure or urgent work to equipment), the Committee requests the Government to indicate the measures taken or envisaged in order to give full effect to these Articles of the Convention, including the obligation to grant compensatory rest of a total duration of at least 24 hours to those performing work on a weekly rest day.

Article 10, paragraph 2. Sanctions. The Committee observes that the Labour Act does not appear to provide for specific penalties for failure to apply its provisions on weekly rest. It therefore requests the Government to specify the legal provisions, and transmit a copy of any relevant text, establishing penalties to ensure the enforcement of the standards concerning weekly rest.

Part V of the report form. The Committee notes the general statistical information contained in the Government’s report. It would be grateful if the Government would provide in its next report more detailed information on the practical application of the Convention, including, for instance, the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of infringements of the legislation on weekly rest observed and sanctions imposed, copies of collective agreements containing clauses on special weekly rest schemes, etc.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the adoption of the Labour Act of 8 October 2003 (Act No. 651). It requests the Government to indicate its date of entry into force and to transmit to the Office a copy of its implementing rules as soon as they have been adopted. Furthermore, the Committee would be grateful to be provided with fuller information on the following points.

Article 1 of the Convention. Scope of application. The Committee notes that under the terms of section 1, the new Labour Act applies to all workers and employers (with the exception of the armed forces, the police service, the prison service and the security and intelligence agencies). However, under the terms of section 44, the section of the Labour Act relating to rest periods, including section 42 on the weekly rest period, is not applicable to task workers. These workers are defined in section 175 as persons who perform a piece of work for a fee. The Committee requests the Government to state whether certain workers employed in commercial establishments, or establishments whose staff primarily carry out office work, are remunerated as task workers. Should this be the case, the Government is invited to indicate the way in which it ensures that the Convention is applied to these workers.

Part V of the report form. The Committee requests the Government to continue to provide general indications on the way in which the Convention is applied in practice providing, for example, extracts from inspection services reports, information on the number of workers protected by the relevant legislation, the number and nature of contraventions reported, etc.