Labour Administration Convention, 1978 (No. 150) - Ghana (Ratification: 1986)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 4, 5, 6(2)(a) and (b) of the Convention. Effective operation of the labour administration system. Adoption and implementation of a national employment policy. Application in practice. The Committee notes with interest the country’s adoption of the first ever comprehensive policy on employment aimed at addressing the challenge of growing unemployment, and targeting in particular, vulnerable groups, the youth, women and persons with disability. The Committee notes from the 2015 document containing the National Employment Policy (NEP) that the key employment policy objectives are: (i) creating more decent jobs to meet the growing demand for employment; (ii) improving the quality of jobs for those who are employed; (iii) increasing labour productivity; and (iv) strengthening governance and labour administration.

It notes from the information contained in the NEP that according to research and analysis, one of the ten key issues that must be addressed to generate sustainable employment is the coordination of employment creation interventions. In this regard, the Committee welcomes the assignment of concrete roles and responsibilities to the bodies entrusted with the implementation of the NEP, in particular the tripartite National Employment Coordination Council which shall be set up to assist with the implementation of this policy (see Chapter 4.5). The Committee requests that the Government provide information on the measures taken for the implementation of the NEP and their impact on improving the employment situation in the country. Noting from the NEP that annual monitoring and evaluation reports shall be submitted to the President, Cabinet Ministers and the Parliament to enable the tracking of the desired national employment outcome, the Committee requests the Government to provide a copy of these reports.

Article 7. Extension of the functions of the system of labour administration to workers, who are not, in law, employed persons. The Committee notes the Government’s indication that the national conditions require the gradual extension of the functions of the labour administration system to cover the category of workers referred to in Article 7. It further notes from the document containing the NEP that one of the ten key issues that must be addressed to create sustainable employment opportunities concern the large informal sector employment that is characterised by low productivity, huge decent work deficits, vulnerable workers and the working poor. The Committee notes from the same source that the informal sector is estimated to employ about 90 per cent of the workforce, the majority of which are self-employed workers. The Committee requests that the Government provide information on the efforts undertaken, including through the implementation of the NEP, to extend labour administration functions (that is pertaining to employment promotion, labour relations, labour standards, among other things) to the informal sector.

Article 10. Human resources, conditions of service and training of the staff of the labour administration system. The Committee notes that the Government has not provided the information requested in its previous comment on the training provided to the staff of the labour administration services. It further notes from the NEP that challenges in the effective delivery of the service of the labour administration system include, among other things: the weak institutional capacity for labour administration (including ineffective labour inspection), the inadequate staff for the labour administration institutions, and the relatively low public sector wages and salaries. In this regard, the Committee welcomes the plans of the Government, described in Chapter 3, objective 4, to: (i) strengthen the institutional capacities of the bodies responsible for labour administration, including those responsible for securing compliance with labour law provisions; and (ii) preparing a national human resource development plan involving the identification of present and future skills needs and related training programmes. The Committee requests that the Government provide information on the steps taken, including through the implementation of the NEP, to improve the capacities of the bodies responsible for labour administration (the recruitment of additional staff, the training provided including relating to the number of participants, and the content, frequency and duration of such training.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

In its 2009 comments under the Labour Inspection Convention, 1947 (No. 81), and the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee noted the recent developments in the Labour Department and the Department of Factories and Inspectorate of the abovementioned Ministry, namely the development of human resources, an ongoing needs assessment and organizational rearrangement and the enhanced commitment of the Government to enable the departmental staff to undertake some of the training courses run by the ILO–ARLAC (African Regional Labour Administration Centre). The Committee asks the Government to provide further details on the training activities carried out during the period covered by its next report and, if applicable, to keep the ILO informed of any difficulties encountered.

The Committee asks the Government to provide, if applicable, and as requested under Part III of the report form, information on judiciary decisions involving questions of principle relating to the application of the Convention and supply the text of these decisions.

In connection to Part IV of the report form, the Committee would be grateful if the Government would also provide any reports, extracts of reports or other periodic information concerning the work of the principal labour administration services, for instance, the Ministry of Employment and Social Welfare, the Public Employment Centres, the Tripartite National Labour Commission, the National Employment Council, the National Labour Market Authority, the Management Development and Productivity Institute or the National Advisory Committee on Labour, or any other national or local bodies involved in the formulation and implementation of labour policies or programmes.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Reporting obligations relating to the application of the Convention. The Committee notes that the Government’s report for the period 2005–09 is virtually identical with the Government’s last report, except the additional information on training of labour administration staff. The Committee further notes the scarce information as to the renaming of the former Ministry of Manpower Development and Employment to the Ministry of Employment and Social welfare with the same structure and functions. In addition, the committee notes the adoption of Legislative Instrument LI 1833 of 31 July 2007, Part II, which gives effect to Section IV of the Labour Act, 2003 and provides for, among other things, the possibility to link jobseekers and employers through private employment agencies, whose conditions of establishment are regulated by section 3 of the new instrument. The Committee urges the Government to provide the ILO with detailed and up-to-date information on the application in law and in practice of each Article of the Convention, according to the requests in the report form of the Convention, to enable the Committee to fully appreciate the effect given of the requirements contained therein.

In its 2009 comments under the Labour Inspection Convention, 1947 (No. 81), and the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee noted the recent developments in the Labour Department and the Department of Factories and Inspectorate of the abovementioned Ministry, namely the development of human resources, an ongoing needs assessment and organizational rearrangement and the enhanced commitment of the Government to enable the departmental staff to undertake some of the training courses run by the ILO–ARLAC (African Regional Labour Administration Centre). The Committee asks the Government to provide further details on the training activities carried out during the period covered by its next report and, if applicable, to keep the ILO informed of any difficulties encountered.

The Committee asks the Government to provide, if applicable, and as requested under Part III of the report form, information on judiciary decisions involving questions of principle relating to the application of the Convention and supply the text of these decisions.

In connection to Part IV of the report form, the Committee would be grateful if the Government would also provide any reports, extracts of reports or other periodic information concerning the work of the principal labour administration services, for instance, the Ministry of Employment and Social welfare, the Public Employment Centres, the Tripartite National Labour Commission, the National Employment Council, the National Labour Market Authority, the Management Development and Productivity Institute or the National Advisory Committee on Labour, or any other national or local bodies involved in the formulation and implementation of labour policies or programmes.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comment, the Committee notes the information provided. It requests more detailed information on the following points:

Article 5 of the Convention. Please describe the roles played by the various consultative bodies, such as the National Advisory Committee on Labour, the National Tripartite Committee on Salaries and Wages Guidelines and the labour boards and advisory boards.

Article 6(2)(a), (c) and (d). Please provide additional information on how coordination of policy and implementation is effected between the different ministries in charge of national employment policy, and how the necessary services and technical advice are made available to employers and workers.

Article 7(b), (c) and (d). The Committee has noted the information provided concerning the work of the Department of Cooperatives and difficulties met with. Please supply additional information in this regard and on any efforts to extend labour administration functions (i.e. pertaining to employment, labour relations, labour standards, etc.) to the informal sector and the traditional sector.

Article 9. Please provide additional detailed information on how the Ministry of Mobilization and Social Welfare ascertains whether regional and local agencies which have been delegated labour administration functions are operating in accordance with national law and regulations and adhering to the objectives assigned to them.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the Government's first report. It notes that this report does not contain information enabling it to evaluate the extent to which the Convention is applied. It therefore requests the Government to supply, for each of the Articles of the Convention, detailed indications on the legislative provisions and administrative regulations, or on any other measures taken to apply the provisions of the Convention. Furthermore, it requests the Government to supply precise replies to the specific questions set out in the report form approved by the Governing Body.