Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Ghana (Ratification: 1959)

Individual Case (CAS) - Discussion: 1989, Publication: 76th ILC session (1989)

See under IA, as follows:

In response to the comments made by the Committee of Experts, the Government has communicated information on the application of Conventions Nos. 26, 30, 98, 100 and 119.

In addition, a Government representative stated that his Government's delegation had been in touch with the Office and had provided information in reply to the Committee of Experts' comments on the Conventions mentioned above, together with copies of the legislation requested by the Committee of Experts. He announced that the Government would make every effort to include further details as available in its next Article 22 report.

The Workers' members commented that, through its contacts with the Office, the Government had already taken a great step forward; they also welcomed the assurance that every effort would be made to improve the communication of further details. They recalled the very great importance of the obligation to supply reports, and especially of replying to the Committee of Experts observations and direct requests. Without replies to precise direct requests and observations, the ILO's supervisory machinery could not work. In this connection, they referred to the Committee of Experts' concern, expressed in paragraphs 87 and 88 of its report, about the large number of cases in which there had been no reply to its comments. Although there had been slightly fewer than in the previous year, the figure still stood at 177 cases. They hoped that, with contacts having been made and communication established despite administrative difficulties, the Government would be able to send in its replies to comments in future; if necessary, other forms of assistance should be furnished to the Government.

The Employers' members commented that this was the first case to be considered in this session concerning the duty to reply to comments of the Committee of Experts; they intended to deal with all such cases in the same fashion by pointing at the importance, for the supervisory machinery, of compliance with the obligation to report, as well as of replying to direct requests and observations. Whilst not wishing in any way to rank the respective importance of the five Conventions on which the reports requested were missing, there were two very important ones: the Right to Organise and Collective Bargaining Convention (No. 98), 1949, and the Equal Remuneration Convention (No. 100), 1951. The importance of the obligation to report has already been raised by this Committee with the Government in 1985, and the Employers' members hoped very much that in future reports would indeed be sent as required and that, as far as possible, the Office could give any necessary assistance.

The Government representative indicated, with respect to the Minimum Wage-Fixing Machinery Convention (No. 26), 1928, that in Ghana adequate machinery existed for fixing minimum wages, through a tripartite committee; the minimum wage had last been fixed in February 1989 and was binding on all employers. As regards the Hours of Work (Commerce and Offices) Convention (No. 30), 1930, there was a national committee on labour, which had been reconstituted in February 1989, and whose functions included advising the Minister on procedural points for legislation on labour and industrial relations. This committee had furnished the Minister with a memorandum on the revision of hours of work in commerce.

The Committee took note of the information provided by the Government representative. The Committee noted that, at the time of the meeting of the Committee of Experts, the Government had not supplied answers to the comments of the Committee of Experts. It noted, however, that replies had now been handed to the Office. The Committee also noted the assurances given by the Government representative that the failure to send replies would no longer occur.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1 and 3 of the Convention. Minimum wage fixing machinery. The Committee notes the Government’s indication that the National Tripartite Committee (NTC), which establishes the national daily minimum wage on an annual basis, takes into consideration factors such as fiscal measures, the cost of living and productivity levels. The Committee also notes that the current national minimum wage, which took effect in February 2012, is set at 4.48 Ghanaian cedis (GHS) (approximately US$2.37) per day and it represents a 20 per cent increase compared to the 2011 minimum wage rate. The Committee requests the Government to transmit a copy of the regulatory instrument fixing the current national minimum wage and also to provide more detailed information on the criteria (social, economic or other) that the NTC and its technical subcommittee are using in reviewing and readjusting the national minimum wage.

Article 5 and Part V of the report form. Practical application. The Committee requests the Government to continue to provide all available information on the application of the Convention in practice, including for instance, the approximate number of workers covered by the Convention, statistics on the evolution of the minimum wages in recent years as compared to the evolution of economic indicators, such as the inflation rate, in the same period, inspection results showing the number of visits carried out, violations of the minimum wage legislation observed and sanctions imposed, and copies of official reports, such as activity reports of the NTC or surveys of national economic conditions used as a basis for its deliberations.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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 1(1) and 3(2) of the Convention. Minimum wage fixing machinery. The Committee notes that, following the adoption of the Labour Act, 2003 (Act 651), a permanent consultative body, the National Tripartite Committee, has replaced the old Tripartite Committee on Salaries and Wages. It also notes that under sections 112, 113(1) and 114(1) of the Labour Act, the NTC is composed of an equal number of government, employer and worker representatives, holds regular meetings every three months, and has as one of its main functions the determination of the national daily minimum wage. The Committee would be grateful if the Government would continue to communicate information on the functioning of the NTC as regards the determination and periodic adjustment of the national daily minimum wage.

Article 2. Scope of application. The Committee notes that the Government’s last report simply indicates the categories of workers excluded from the coverage of the statutory minimum wage, but does not clarify whether and, if so, how minimum wage rates are fixed for these workers. The Committee therefore reiterates its request for further explanations on this point and asks the Government to transmit copies of any relevant texts.

Article 4. System of sanctions. While noting the Government’s statement that under sections 122 and 138 of the Labour Act, the labour inspection and the National Labour Commission are responsible for ensuring compliance with the provisions of the Act, the Committee requests the Government to indicate the specific sanctions provided for in the event of infringement of the statutory minimum wage and also to elaborate on the procedural mechanisms enabling workers to recover sums due in respect of the minimum wage.

Article 5 and Part V of the report form. Practical application. The Committee notes the statistical information on the number of labour inspection visits carried out per year in the period 2001–05. The Committee would be grateful if the Government would continue supplying information on the practical application of the Convention, including, for instance, the approximate number of workers covered by the national minimum daily wage, inspection results showing the number of violations of the minimum wage legislation reported and the penalties imposed, extracts from official reports addressing questions related to the minimum wage system, information on the evolution of the national minimum wage as compared to the evolution of economic indicators such as the inflation rate in recent years, and any other particulars which would permit a general evaluation of the manner in which the Convention is applied.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided in the Government’s report, in particular, the decision of the National Tripartite Committee (NTC) to raise the national daily minimum wage at 16,000 cedis (approximately US$1.74) as from 1 March 2006 and the ongoing work of the same committee for the determination of a national living wage.

Article 1, paragraph 1, and Article 3, paragraph 2, of the Convention. The Committee notes that following the adoption of the new Labour Act, 2003 (Act 651), a new permanent consultative body, the National Tripartite Committee, has replaced the old Tripartite Committee on Salaries and Wages. It also notes that under sections 112, 113(1) and 114(1) of the Labour Act, the NTC is composed of an equal number of government, employer and worker representatives, holds regular meetings every three months, and has as one of its main functions the determination of the national daily minimum wage. The Committee would be grateful if the Government would continue to communicate information on the functioning of the NTC as regards the determination and periodic adjustment of the national daily minimum wage.

Article 2. The Committee notes that the Government’s last report simply indicates the categories of workers excluded from the coverage of the statutory minimum wage, but does not clarify whether and, if so, how minimum wage rates are fixed for these workers. The Committee therefore reiterates its request for further explanations on this point and asks the Government to transmit copies of any relevant texts.

Article 4. While noting the Government’s statement that under sections 122 and 138 of the Labour Act, the labour inspection and the National Labour Commission are responsible for ensuring compliance with the provisions of the Act, the Committee requests the Government to indicate the specific sanctions provided for in the event of infringement of the statutory minimum wage and also to elaborate on the procedural mechanisms enabling workers to recover sums due in respect of the minimum wage.

Article 5 and Part V of the report form. The Committee notes the statistical information on the number of labour inspection visits carried out per year in the period 2001-05. The Committee would be grateful if the Government would continue supplying information on the practical application of the Convention, including, for instance, the approximate number of workers covered by the national minimum daily wage, inspection results showing the number of violations of the minimum wage legislation reported and the penalties imposed, extracts from official reports addressing questions related to the minimum wage system, information on the evolution of the national minimum wage as compared to the evolution of economic indicators such as the inflation rate in recent years, and any other particulars which would permit a general evaluation of the manner in which the Convention is applied.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided in the Government’s report in reply to its previous request.

Articles 1, paragraph 1, and 2, of the Convention. The Committee notes that, under the Minimum Wage Regulations, 1990 (L.I. 1495), certain categories of workers such as piece-workers, apprentices and persons working less than an average of 27 hours a week are excluded from the coverage of the statutory minimum wage. In this respect, the Committee requests the Government to clarify whether, and if so, how minimum wage rates are fixed in respect of those workers and to transmit copies of any relevant text(s). The Committee also notes the Government’s indication that the minimum wage is at present set at 7,150 cedis per day. It would be grateful if the Government would communicate a copy of the regulatory instrument fixing the current national minimum wage and specify whether any exemptions still apply with respect to that rate.

Article 3, paragraph 2(2). The Committee notes the Government’s statement that the Tripartite Committee on Salaries and Wages consists of an equal number of government, employers’ and workers’ representatives who consult among themselves and determine the national minimum wage. The Committee would be interested in receiving additional information on the functioning of this Committee, i.e. the scope of consultations, the decision-making process, the frequency of its meetings, the criteria used in determining the level of the national minimum wage, etc. The Committee would also be pleased to receive a copy of the legislative or regulatory text establishing the Tripartite Committee on Salaries and Wages and defining its mandate.

Article 5 and Part V of the report form. The Committee notes that, according to the information provided by the Government, 580 inspections in industrial establishments were carried out in 2001. It requests the Government to provide further information on the results of these inspections (e.g. the number of violations of minimum wage provisions reported, the penalties imposed, etc.) and expresses the hope that the Government will continue to supply all available data which would enable the Committee to better evaluate the effect given to the Convention in practice.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report, in reply to its previous comments. It notes in particular that 341 inspections were carried out in 1997 to enforce the application of minimum wage. It requests the Government to provide further information on the results of these inspections (e.g., the number of violations of minimum wage provisions revealed, the penalties imposed, etc.). It also requests the Government to continue to provide, in accordance with Article 5 of the Convention and point V of the report form, general information on the application of the Convention in practice, including the minimum wage rates in force and the available data on the number and different categories of workers covered by minimum wage provisions.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes again with regret that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

The Committee requests the Government to provide information concerning the application of this Convention in practice, for instance the number of workers covered by the minimum wages and extracts of reports of the inspection services, as provided for in Article 5 of the Convention and point V of the report form.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

The Committee requests the Government to provide information concerning the application of this Convention in practice, for instance the number of workers covered by the minimum wages and extracts of reports of the inspection services, as provided for in Article 5 of the Convention and point V of the report form.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret 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 following matters raised in its previous direct request:

The Committee requests the Government to provide information concerning the application of this Convention in practice, for instance the number of workers covered by the minimum wages and extracts of reports of the inspection services, as provided for in Article 5 of the Convention and point V of the report form.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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 following matters raised in its previous direct request:

The Committee requests the Government to provide information concerning the application of this Convention in practice, for instance the number of workers covered by the minimum wages and extracts of reports of the inspection services, as provided for in Article 5 of the Convention and point V of the report form.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with interest the information supplied by the Government concerning the new minimum wage rate established by the Minimum Wage Regulations, 1990 (L.I. 1495).

The Committee requests the Government to provide information concerning the application of this Convention in practice, for instance the number of workers covered by the minimum wages and extracts of reports of the inspection services, as provided for in Article 5 of the Convention and point V of the report form.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

With reference to its previous comment in which it stated that the report had not been received and that no information had been supplied concerning the minimum wage rates fixed since 1977, the Committee takes note of the discussion held at the last session of the Conference and of the information provided by a representative of the Government. It requests the Government to supply full particulars of the latest wage rates fixed in February 1989 and on any changes in these rates since that date.