Equal Remuneration Convention, 1951 (No. 100) - Ghana (Ratification: 1968)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1(b) and 2(1) Equal remuneration for work of equal value. Public service. The Committee notes that the 2022 Earnings Inequality Public sector report reveals the existence of a gender pay gap between men and women in the public sector. Men have a higher average monthly net salary, of GH₵2,669 (US$217.74), while women have an average of GH₵2,504 (US$209). The difference between the average net salary of men and women is GH₵165 (US$13). This means that the gender pay gap is 6.0 per cent (page 18). The Committee notes the Government’s indication that under the White Paper on Single Spine Pay Policy (SSPP) adopted in 2009, the public sector jobs grouped public service institutions based on similarities of jobs in terms of requirements for education, skills and training to perform their work and other institutional roles. Consequently, nine service classifications were created, such as: (1) public policy, planning, services, administration and related services; (2) health services, (3) security services; (4) legal and judicial services; and (5) revenue and accounting services. The Government also indicates that the evaluation of the value of the public services jobs is based on four main job factors (knowledge and skill, responsibility, working conditions and effort) to ensure that there is no gender bias in the public sector. The Government adds that not all state organizations are on the SSPP at the moment and that the Fair Wages and Salaries Commission (FWSC) is about to dispatch a communication to all public service organizations to request extensive information on their salaries for review and advice. There are also active engagements with the State Interest & Governance Authority to bring the determination of salaries of State-owned enterprises under the supervision of FWSC. The Committee notes that the “single spine salary structure” annexed to the Government’s report does not contain information on the types of jobs that fall within each level of pay and thus does not allow the Committee to assess whether the method of evaluation of jobs used is effectively free from gender bias. The Committee requests the Government to indicate any follow-up actions taken to correct the remaining gender pay gap in the public sector and provide information on the progress made in covering all public service employees by the single spine salary structure.

Article 2(2)(c). Collective agreements. The Committee notes the Government’s statement that collective agreements concluded after the adoption of the Labour Act in 2003 do not contain provisions that are discriminatory on the basis of sex, especially in respect of remuneration. The Government also refers to the provisions of the collective agreement annexed to its report, in which basic salary and allowances benefit both male and female employees (section 6). The agreement however does not contain any clause providing explicitly for the principle of equal remuneration for men and women for work of equal value. The Committee further notes the Government’s indication that the social partners within the National Tripartite Committee have held discussions on remuneration and other incentives such as maternity, annual leave with pay, and bonus, among others. The Committee also observes that the social partners participated in the 2022 International Labour Standards Reporting Validation Workshop. In the context of the current labour law reform, the Committee asks the Government to take the necessary steps, in cooperation with employers’ and workers’ organizations, to ensure that the principle of the Convention is explicitly taken into account in collective agreements, and to continue to provide extracts from collective agreements relating to remuneration.

Article 3. Objective job evaluation in the private sector. The Committee notes the Government’s indication that, job evaluation in the private sector is governed by the employers’ association and the union. The Government also indicates that it will ensure that steps are taken, through the National Tripartite Committee’s sensitization programmes, to promote objective job evaluation methods in the private sector to eliminate unequal pay. In this regard, the Committee wishes to draw the Government’s attention to the objective job evaluation already undertaken in the public sector, which is based on four main job factors (knowledge and skill, responsibility, working conditions and effort). The Committee encourages the Government to take the necessary steps to promote the adoption and the use of objective job evaluation methods in the private sector and to provide information on any measures taken in this regard, following consultations with the National Tripartite Committee. It also asks the Government to indicate how it will ensure that such methods and criteria are exempt from any gender bias and do not give rise, in practice, to an under-evaluation of jobs mainly occupied by women.

Awareness-raising and enforcement. The Committee welcomes the Government’s indication that capacity building was provided for 78 labour inspectors, 10 factory inspectorates as well as 24 other public officials in order to help them sensitize workers and employers on issues related to wage discrimination in workplaces. Regarding grievances of workers, the Government adds that there are no records of violations relating to equal remuneration between men and women for work of equal value reported or identified during establishment inspections carried out by the labour inspectors or cases brought before tribunals on this issue. Therefore, the Committee requests the Government to take steps to: (i) continue to raise awareness of the relevant legislation, and (ii) enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay. In addition, the Government is asked to provide information on any decisions by the courts, the National Labour Commission, the Fair Wages and Salaries Commission and the Alternative Dispute Resolution Centre or any other competent body, as well as on any violations identified by, or reported to, labour inspectors, relating specifically to equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1(a) and (b) and 2(2)(a) of the Convention. Definition of remuneration. Equal remuneration for work of equal value. Legislation. Private sector. For a number of years, the Committee has been asking the Government to take the necessary measures to ensure that the principle of equal remuneration for men and women for work of equal value is duly reflected in sections 10(b) and 68 of the Labour Act, 2003 (Act No. 651). The Committee welcomes the Government’s indication that in the context of the current revision of the Labour Act, the Government has validated with the social partners the various comments and inputs received from the major stakeholders, as well as the Committee’s request to include the principle of the Convention in its national legislation. The Committee takes due note of the Government’s indications. The Committee firmly hopes that in the context of the revision of the Labour Act, the Government will take the necessary steps, in cooperation with employers’ and workers’ organizations, to amend sections 10(b) and 68, to give full legislative expression to the principle of equal remuneration for men and women for work of equal value set out in the Convention. The Committee also asks the Government to take the necessary measures to ensure that all components of remuneration enumerated in Article 1(a) of the Convention are included in the definition of “remuneration” for the purpose of the principle, and all categories of workers in the private sector are covered by the principle of the Convention.

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

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes with regret that, again, the Government’s report contains no information regarding a number of its previous comments. The Committee wishes to reiterate that without the necessary information, it is not in a position to assess the effective implementation of the Convention, including the progress achieved since its ratification. The Committee hopes that the Government’s next report will contain full information on the matters raised below.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that since the adoption of the Labour Act in 2003, it has been raising concerns regarding sections 10(b) and 68 of the Act, which are set out in terms that are more restrictive than the principle of the Convention, providing for equal remuneration for “equal work”. The Committee notes with concern that the Government’s report merely repeats its previous indication that “equal pay for equal work without distinction of any kind” under sections 10(b) and 68 of the Labour Act is synonymous with the principle of equal remuneration for men and women for work of equal value, but provides no details in support of this assertion and gave no indication that jobs of a completely different nature can be compared under the Act. The Committee emphasizes once more that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraphs 672–679). Consequently, the Committee once again urges the Government to take the necessary measures to amend sections 10(b) and 68 of the Labour Act of 2003, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value set out in the Convention, and to provide information on any progress made in this regard.

Equal remuneration for work of equal value in the public service. The Committee recalls that a public service pay policy setting out a single spine salary structure was previously adopted and that all public service employees were to be brought under this structure by the end of 2012. The Committee also recalls that the evaluation had been made on the basis of four main job factors (knowledge and skill, responsibility, working conditions and effort) which had been subdivided into 13 subfactors. The Committee notes the documentation provided by the Government in its report, including a table entitled “Single spine salary structure”, a memorandum of understanding between the Fair Wages and Salaries Commission and the social partners, and a White Paper on the single spine pay policy. It notes however that the table “Single spine salary structure” provided does not contain information on the types of jobs that fall within each level of pay and thus does not allow the Committee to assess whether the method of evaluation of jobs used is effectively free from gender bias. The Committee therefore requests the Government to provide information on how it has classified jobs within the single spine salary structure, in order to allow it to assess the factors used to compare jobs and ensure that they are free from gender bias. Noting the absence of information provided in this regard, the Committee requests once more the Government to provide information on the progress made in covering all public service employees by the single spine salary structure, and how this has impacted on the relative pay of women and men in the public service. It also reiterates its request for specific information on the number of men and women at each level of the pay structure. Finally, the Committee reiterates its request to the Government to provide information on the practical application of this single spine salary structure, including on the issues dealt with by the Fair Wages and Salaries Commission and the steps taken by this Commission to ensure full application of the principle of the Convention in the public service.

Article 2(2)(c). Collective agreements. For a number of years, the Committee has been commenting on collective agreements that contained provisions discriminating against women, in particular concerning the allocation of certain fringe benefits. The Committee notes that, once more, the Government’s report does not contain any specific information in response to the Committee’s requests in this regard. Therefore, once again, the Committee urges the Government to take the necessary steps, in cooperation with employers’ and workers’ organizations, to ensure that provisions of collective agreements do not discriminate on the ground of sex. The Committee requests the Government to provide information on any measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to promote the principle of equal remuneration between men and women for work of equal value, including objective job evaluation methods, through collective agreements. It also requests the Government to provide examples of collective agreements reflecting the principle enshrined in the Convention.

Article 3. Objective job evaluation in the private sector. In its previous comments, the Committee requested the Government to take steps to promote objective job evaluation methods in the private sector to eliminate unequal pay between men and women. The Committee notes that the Government’s report is silent on this point. However, its notes from the sixth round of the Ghana Living Standards Survey, published in 2014, that the hourly earnings of men in the various occupational groups remain higher than those of women except for clerical support workers. The Committee recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see 2012 General Survey, paragraphs 695–703). Consequently, the Committee once again requests the Government to take steps to promote objective job evaluation methods in the private sector to eliminate unequal pay, and to provide information on the progress made in this regard. Once more, it requests the Government to provide updated information on the gender pay gap in the private sector, including statistical information based on the results of the recent Ghana Living Standards Survey.

Article 4. Tripartite cooperation. Noting the lack of new information provided in this regard, the Committee once again recalls the important role of the employers’ and workers’ organizations in promoting the principle of the Convention. The Committee therefore requests the Government to provide specific information on the concrete steps and action undertaken to promote the principle of the Convention, and the results of such initiatives. The Committee also requests the Government to indicate whether equal remuneration between men and women has been discussed specifically within the National Tripartite Committee, and how the principle has been taken into consideration in the establishment of the minimum wage.

Enforcement. In its previous comments, the Committee noted that the National Labour Commission and the Fair Wages and Salaries Commission deal with issues pertaining to grievances of workers, particularly those regarding equal remuneration and that an Alternative Dispute Resolution Centre, pursuant to the Alternative Dispute Resolution Act of 2010, serves as an additional forum to deal with complaints regarding remuneration. The Committee notes the Government’s repeated indication that there have been no cases brought forward on the issue of equal remuneration between men and women workers for work of equal value. In this regard, the Committee recalls that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey, paragraph 870). Therefore, the Committee requests the Government to take steps to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay, and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. In addition, the Government is asked to provide information on any decisions by the courts, the National Labour Commission, the Fair Wages and Salaries Commission and the Alternative Dispute Resolution Centre or any other competent body, as well as on any violations identified by, or reported to, labour inspectors, relating to equal remuneration for men and women for work of equal value.

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

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Repetition

The Committee notes with regret that, again, the Government’s report contains no information regarding a number of its previous comments. The Committee wishes to reiterate that without the necessary information, it is not in a position to assess the effective implementation of the Convention, including the progress achieved since its ratification. The Committee hopes that the Government’s next report will contain full information on the matters raised below.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that since the adoption of the Labour Act in 2003, it has been raising concerns regarding sections 10(b) and 68 of the Act, which are set out in terms that are more restrictive than the principle of the Convention, providing for equal remuneration for “equal work”. The Committee notes with concern that the Government’s report merely repeats its previous indication that “equal pay for equal work without distinction of any kind” under sections 10(b) and 68 of the Labour Act is synonymous with the principle of equal remuneration for men and women for work of equal value, but provides no details in support of this assertion and gave no indication that jobs of a completely different nature can be compared under the Act. The Committee emphasizes once more that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraphs 672–679). Consequently, the Committee once again urges the Government to take the necessary measures to amend sections 10(b) and 68 of the Labour Act of 2003, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value set out in the Convention, and to provide information on any progress made in this regard.

Equal remuneration for work of equal value in the public service. The Committee recalls that a public service pay policy setting out a single spine salary structure was previously adopted and that all public service employees were to be brought under this structure by the end of 2012. The Committee also recalls that the evaluation had been made on the basis of four main job factors (knowledge and skill, responsibility, working conditions and effort) which had been subdivided into 13 subfactors. The Committee notes the documentation provided by the Government in its report, including a table entitled “Single spine salary structure”, a memorandum of understanding between the Fair Wages and Salaries Commission and the social partners, and a White Paper on the single spine pay policy. It notes however that the table “Single spine salary structure” provided does not contain information on the types of jobs that fall within each level of pay and thus does not allow the Committee to assess whether the method of evaluation of jobs used is effectively free from gender bias. The Committee therefore requests the Government to provide information on how it has classified jobs within the single spine salary structure, in order to allow it to assess the factors used to compare jobs and ensure that they are free from gender bias. Noting the absence of information provided in this regard, the Committee requests once more the Government to provide information on the progress made in covering all public service employees by the single spine salary structure, and how this has impacted on the relative pay of women and men in the public service. It also reiterates its request for specific information on the number of men and women at each level of the pay structure. Finally, the Committee reiterates its request to the Government to provide information on the practical application of this single spine salary structure, including on the issues dealt with by the Fair Wages and Salaries Commission and the steps taken by this Commission to ensure full application of the principle of the Convention in the public service.

Article 2(2)(c). Collective agreements. For a number of years, the Committee has been commenting on collective agreements that contained provisions discriminating against women, in particular concerning the allocation of certain fringe benefits. The Committee notes that, once more, the Government’s report does not contain any specific information in response to the Committee’s requests in this regard. Therefore, once again, the Committee urges the Government to take the necessary steps, in cooperation with employers’ and workers’ organizations, to ensure that provisions of collective agreements do not discriminate on the ground of sex. The Committee requests the Government to provide information on any measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to promote the principle of equal remuneration between men and women for work of equal value, including objective job evaluation methods, through collective agreements. It also requests the Government to provide examples of collective agreements reflecting the principle enshrined in the Convention.

Article 3. Objective job evaluation in the private sector. In its previous comments, the Committee requested the Government to take steps to promote objective job evaluation methods in the private sector to eliminate unequal pay between men and women. The Committee notes that the Government’s report is silent on this point. However, its notes from the sixth round of the Ghana Living Standards Survey, published in 2014, that the hourly earnings of men in the various occupational groups remain higher than those of women except for clerical support workers. The Committee recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see 2012 General Survey, paragraphs 695–703). Consequently, the Committee once again requests the Government to take steps to promote objective job evaluation methods in the private sector to eliminate unequal pay, and to provide information on the progress made in this regard. Once more, it requests the Government to provide updated information on the gender pay gap in the private sector, including statistical information based on the results of the recent Ghana Living Standards Survey.

Article 4. Tripartite cooperation. Noting the lack of new information provided in this regard, the Committee once again recalls the important role of the employers’ and workers’ organizations in promoting the principle of the Convention. The Committee therefore requests the Government to provide specific information on the concrete steps and action undertaken to promote the principle of the Convention, and the results of such initiatives. The Committee also requests the Government to indicate whether equal remuneration between men and women has been discussed specifically within the National Tripartite Committee, and how the principle has been taken into consideration in the establishment of the minimum wage.

Enforcement. In its previous comments, the Committee noted that the National Labour Commission and the Fair Wages and Salaries Commission deal with issues pertaining to grievances of workers, particularly those regarding equal remuneration and that an Alternative Dispute Resolution Centre, pursuant to the Alternative Dispute Resolution Act of 2010, serves as an additional forum to deal with complaints regarding remuneration. The Committee notes the Government’s repeated indication that there have been no cases brought forward on the issue of equal remuneration between men and women workers for work of equal value. In this regard, the Committee recalls that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey, paragraph 870). Therefore, the Committee requests the Government to take steps to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay, and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. In addition, the Government is asked to provide information on any decisions by the courts, the National Labour Commission, the Fair Wages and Salaries Commission and the Alternative Dispute Resolution Centre or any other competent body, as well as on any violations identified by, or reported to, labour inspectors, relating to equal remuneration for men and women for work of equal value.

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

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that, again, the Government’s report contains no information regarding a number of its previous comments. The Committee wishes to reiterate that without the necessary information, it is not in a position to assess the effective implementation of the Convention, including the progress achieved since its ratification. The Committee hopes that the Government’s next report will contain full information on the matters raised below.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that since the adoption of the Labour Act in 2003, it has been raising concerns regarding sections 10(b) and 68 of the Act, which are set out in terms that are more restrictive than the principle of the Convention, providing for equal remuneration for “equal work”. The Committee notes with concern that the Government’s report merely repeats its previous indication that “equal pay for equal work without distinction of any kind” under sections 10(b) and 68 of the Labour Act is synonymous with the principle of equal remuneration for men and women for work of equal value, but provides no details in support of this assertion and gave no indication that jobs of a completely different nature can be compared under the Act. The Committee emphasizes once more that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraphs 672–679). Consequently, the Committee once again urges the Government to take the necessary measures to amend sections 10(b) and 68 of the Labour Act of 2003, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value set out in the Convention, and to provide information on any progress made in this regard.

Equal remuneration for work of equal value in the public service. The Committee recalls that a public service pay policy setting out a single spine salary structure was previously adopted and that all public service employees were to be brought under this structure by the end of 2012. The Committee also recalls that the evaluation had been made on the basis of four main job factors (knowledge and skill, responsibility, working conditions and effort) which had been subdivided into 13 subfactors. The Committee notes the documentation provided by the Government in its report, including a table entitled “Single spine salary structure”, a memorandum of understanding between the Fair Wages and Salaries Commission and the social partners, and a White Paper on the single spine pay policy. It notes however that the table “Single spine salary structure” provided does not contain information on the types of jobs that fall within each level of pay and thus does not allow the Committee to assess whether the method of evaluation of jobs used is effectively free from gender bias. The Committee therefore requests the Government to provide information on how it has classified jobs within the single spine salary structure, in order to allow it to assess the factors used to compare jobs and ensure that they are free from gender bias. Noting the absence of information provided in this regard, the Committee requests once more the Government to provide information on the progress made in covering all public service employees by the single spine salary structure, and how this has impacted on the relative pay of women and men in the public service. It also reiterates its request for specific information on the number of men and women at each level of the pay structure. Finally, the Committee reiterates its request to the Government to provide information on the practical application of this single spine salary structure, including on the issues dealt with by the Fair Wages and Salaries Commission and the steps taken by this Commission to ensure full application of the principle of the Convention in the public service.

Article 2(2)(c). Collective agreements. For a number of years, the Committee has been commenting on collective agreements that contained provisions discriminating against women, in particular concerning the allocation of certain fringe benefits. The Committee notes that, once more, the Government’s report does not contain any specific information in response to the Committee’s requests in this regard. Therefore, once again, the Committee urges the Government to take the necessary steps, in cooperation with employers’ and workers’ organizations, to ensure that provisions of collective agreements do not discriminate on the ground of sex. The Committee requests the Government to provide information on any measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to promote the principle of equal remuneration between men and women for work of equal value, including objective job evaluation methods, through collective agreements. It also requests the Government to provide examples of collective agreements reflecting the principle enshrined in the Convention.

Article 3. Objective job evaluation in the private sector. In its previous comments, the Committee requested the Government to take steps to promote objective job evaluation methods in the private sector to eliminate unequal pay between men and women. The Committee notes that the Government’s report is silent on this point. However, its notes from the sixth round of the Ghana Living Standards Survey, published in 2014, that the hourly earnings of men in the various occupational groups remain higher than those of women except for clerical support workers. The Committee recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see 2012 General Survey, paragraphs 695–703). Consequently, the Committee once again requests the Government to take steps to promote objective job evaluation methods in the private sector to eliminate unequal pay, and to provide information on the progress made in this regard. Once more, it requests the Government to provide updated information on the gender pay gap in the private sector, including statistical information based on the results of the recent Ghana Living Standards Survey.

Article 4. Tripartite cooperation. Noting the lack of new information provided in this regard, the Committee once again recalls the important role of the employers’ and workers’ organizations in promoting the principle of the Convention. The Committee therefore requests the Government to provide specific information on the concrete steps and action undertaken to promote the principle of the Convention, and the results of such initiatives. The Committee also requests the Government to indicate whether equal remuneration between men and women has been discussed specifically within the National Tripartite Committee, and how the principle has been taken into consideration in the establishment of the minimum wage.

Enforcement. In its previous comments, the Committee noted that the National Labour Commission and the Fair Wages and Salaries Commission deal with issues pertaining to grievances of workers, particularly those regarding equal remuneration and that an Alternative Dispute Resolution Centre, pursuant to the Alternative Dispute Resolution Act of 2010, serves as an additional forum to deal with complaints regarding remuneration. The Committee notes the Government’s repeated indication that there have been no cases brought forward on the issue of equal remuneration between men and women workers for work of equal value. In this regard, the Committee recalls that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey, paragraph 870). Therefore, the Committee requests the Government to take steps to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay, and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. In addition, the Government is asked to provide information on any decisions by the courts, the National Labour Commission, the Fair Wages and Salaries Commission and the Alternative Dispute Resolution Centre or any other competent body, as well as on any violations identified by, or reported to, labour inspectors, relating to equal remuneration for men and women for work of equal value.

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

Article 2(2)(c) of the Convention. Collective agreements. The Committee recalls that it has been commenting for a number of years on collective agreements that contained provisions discriminating against women, in particular with respect to particular benefits. The Committee notes that the Government’s report again does not contain any specific information in response to the Committee’s previous requests in this regard. The Committee urges the Government to take the necessary steps, in cooperation with employers’ and workers’ organizations, to ensure that provisions of collective agreements do not discriminate on the ground of sex. Please also provide information on any measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to promote the principle of equal remuneration between men and women for work of equal value, including objective job evaluation methods, through collective agreements. Please also provide examples of collective agreements reflecting the principle under the Convention.

Article 3. Objective job evaluation in the private sector. The Committee recalls that, according to the Ghana Living Standards Survey published in September 2008 by the Ghana Statistical Service, on average, men receive higher earnings than women. The Committee notes that the sixth round of the Ghana Living Standards Survey will end in September 2013. The Committee recalls that for the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective (see General Survey on fundamental Conventions, 2012, paragraph 700). The Committee asks the Government to provide updated information on the gender pay gap in the private sector, including statistical information based on the results of the recent Ghana Living Standards Survey. It also asks the Government to take steps to promote objective job evaluation methods in the private sector to eliminate unequal pay, and to provide information on the progress made in this regard.

Article 4. Tripartite cooperation. The Committee notes that the Government repeats its previous indication that the Government and workers’ and employers’ organizations took active steps to promote a better understanding and implementation of the principle of equal remuneration, through regular tripartite consultation in the framework of the National Tripartite Committee and in determining the national minimum wage. Recalling the important role of the employers’ and workers’ organizations in promoting the principle of the Convention, the Committee again asks the Government to provide specific information on the concrete steps and action undertaken to promote the principle of the Convention, and the results of such initiatives. The Committee also asks the Government to indicate whether equal remuneration between men and women has been discussed specifically within the National Tripartite Committee, and how the principle has been reflected in the establishment of the minimum wage.

Part IV of the report form. Enforcement. The Committee notes the Government’s indication that the National Labour Commission and the Fair Wages and Salaries Commission deal with issues pertaining to grievances of workers, particularly those regarding equal remuneration. The Government also indicates that an alternative dispute resolution centre pursuant to the Alternative Dispute Resolution Act of 2010 serves as an additional forum to deal with complaints regarding remuneration. The Committee asks the Government to provide information on any decisions by the courts, the National Labour Commission, the Fair Wages and Salaries Commission and the Alternative Dispute Resolution Centre or any other competent body, as well as on any violations identified by, or reported to, labour inspectors, relating to equal remuneration for men and women for work of equal value.

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

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes that since the adoption of the Labour Act in 2003, the Committee has been raising concerns regarding sections 10(b) and 68 of the Act, which are set out in terms that are more restrictive than the principle of the Convention. The Committee notes the Government’s statement that “equal pay for equal work without distinction of any kind” under sections 10(b) and 68 of the Labour Act is synonymous with the principle of equal remuneration for men and women for work of equal value. However, the Government provides no details in support of this assertion and gives no indication that jobs of a completely different nature can be compared under the Act. The Committee notes further the Government’s indication that it will, however, re-examine the Committee’s concerns. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–679). The Committee asks the Government to take the necessary measures to amend sections 10(b) and 68 of the Labour Act of 2003, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value set out in the Convention, and to provide information on any progress made in this regard.

Equal remuneration for work of equal value in the public service. The Committee recalls that the job evaluation exercise to determine the value of all public service jobs had been completed in April 2009, and that as a result, a public service pay policy setting out a single spine salary structure had been adopted in November 2009, effective January 2010. The Committee also recalls that the evaluation had been made on the basis of four main job factors (knowledge and skill, responsibility, working conditions and effort) which had been subdivided into 13 sub-factors. The Committee notes the Government’s indication that currently 95 per cent of all public service employees have been brought under the single spine salary structure, and that all public service employees would be brought under this structure by the end of 2012. The Committee asks the Government to provide information on the progress made in covering all public service employees by the single spine salary structure, and how this has impacted on the relative pay of women and men in the public service. Please provide, in particular, specific information on the number of men and women at each level of the pay structure. It also asks the Government to provide information on the practical application of this single spine salary structure, including on the issues dealt with by the Fair Wages and Salaries Commission and the steps taken by this Commission to ensure full application of the principle of the Convention in the public service. The Government is again requested to provide a copy of the single spine salary policy and the single spine salary structure adopted.

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

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

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 matters raised in its previous direct request, which read as follows:

Repetition

Remuneration in the public sector. In its previous comments, the Committee requested the Government to indicate whether the Grievance Review Committee had dealt with any equal remuneration cases. The Committee notes from the Government’s report that this Committee will be set up by the Fair Wages and Salaries Commission to deal with complaints regarding remuneration. The Committee asks the Government to clarify whether the Grievance Review Committee has been established and is functioning and, if so, to provide information on its functions and activities with regard to equal remuneration between men and women for work of equal value, and on any wage discrimination cases it has addressed.

Article 2(2)(c) of the Convention. Collective agreements. The Committee once again asks the Government to provide information on the steps taken to ensure that provisions in collective agreements, such as those relating to certain benefits, do not discriminate on the ground of sex and that collective agreements reflect the principle of equal remuneration between men and women for work of equal value. The Government is also asked to provide examples of relevant collective agreements.

Article 3. Objective job evaluation. The Committee notes that, according to the Ghana Living Standards Survey published in September 2008 by the Ghana Statistical Service, on average, men receive higher earnings than women. The Committee once again asks the Government to supply information on the measures taken or envisaged to promote objective job evaluation methods in the private sector to eliminate pay discrimination, since this information was not, as indicated, attached to the Government’s report.

Article 4. Tripartite cooperation. The Committee notes from the Government’s report that the Government and workers’ and employers’ organizations take active steps to promote a better understanding and implementation of the principle of equal remuneration, through regular tripartite consultation in the framework of the National Tripartite Committee. Recalling the important role that the employers’ and workers’ organizations can play in promoting the principle of the Convention, the Committee asks the Government to provide details on the concrete steps and action undertaken by such organizations, including indications as to whether the issue of equal remuneration between men and women has been discussed within the National Tripartite Committee.

Part IV of the report form. Enforcement. Please continue to provide information on any decisions pursuant to section 68 of the Labour Act by courts, the National Labour Commission, or any other competent body, as well as on any violations identified by, or reported to, labour inspectors and the manner in which such discrimination cases were addressed.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee had asked the Government to provide information on the progress made with a view to amending section 68 of the Labour Act 2003, which provides only for equal pay for equal work, so as to ensure full conformity with the principle of equal remuneration for work of equal value set out in the Convention. Section 10(b) of the Labour Act is expressed in the same terms. The Committee notes from the Government’s report that due to a change of government, the Committee’s comments in this respect are still being examined by the new Minister responsible for Labour. With reference to its previous comments and recalling its 2006 general observation on the principle of equal remuneration for work of equal value, the Committee trusts that the Government will take the necessary measures in the near future with a view to amending sections 10(b) and 68 of the Labour Act 2003 in order to give full legislative expression to the principle of the Convention.

Remuneration in the public sector. The Committee notes that the job evaluation exercise undertaken to determine the value of all public sector jobs, one of the objectives of which is to ensure that jobs within the same job value range are paid within the same pay range, was completed in April 2009. As a result, a single spine pay structure was adopted. The Committee also notes that the ultimate goal for the National Job Analysis and Evaluation Exercise, as set out in the briefing notes on the public sector pay policy attached to the Government’s report, “was to enable government to reward its employees in accordance with the principle of “equal pay for equal worth” consistent with article 24(1) of the 1992 Constitution of Ghana and section 10(b) of the Labour Act”. Both the Constitution and the Labour Act refer however to “equal pay for equal work”. The evaluation has been made on the basis of four main job factors (knowledge and skill, responsibility, working conditions and effort) which were subdivided into 13 sub-factors and it has used the point factor method. The Committee notes that during the consultative workshop held in May 2009 on the single spine pay policy, the Ministry of Employment and Social Affairs and the Ghana Trade Union Congress agreed that the policy should be implemented, as of 1 January 2010, while efforts are being made to address concerns and challenges that may arise from its implementation. It also notes that the unions and associations were to submit outstanding issues or concerns to the Fair Wages and Salaries Commission. The Committee asks the Government to ensure that the principle of equal remuneration for men and women for work of equal value will be duly taken into account and recognized as an explicit objective in the implementation of the public sector pay policy. It also asks the Government to provide information on the implementation process of this policy, including on the issues dealt with by the Fair Wages and Salaries Commission and the steps taken by this Commission to ensure full application of the principle of the Convention in the public service. The Government is requested to provide a copy of the single spine pay policy and of the single spine pay structure adopted.

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

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

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

Remuneration in the public sector. In its previous comments, the Committee requested the Government to indicate whether the Grievance Review Committee had dealt with any equal remuneration cases. The Committee notes from the Government’s report that this Committee will be set up by the Fair Wages and Salaries Commission to deal with complaints regarding remuneration. The Committee asks the Government to clarify whether the Grievance Review Committee has been established and is functioning and, if so, to provide information on its functions and activities with regard to equal remuneration between men and women for work of equal value, and on any wage discrimination cases it has addressed.

Article 2(2)(c) of the Convention. Collective agreements. The Committee once again asks the Government to provide information on the steps taken to ensure that provisions in collective agreements, such as those relating to certain benefits, do not discriminate on the ground of sex and that collective agreements reflect the principle of equal remuneration between men and women for work of equal value. The Government is also asked to provide examples of relevant collective agreements.

Article 3. Objective job evaluation. The Committee notes that, according to the Ghana Living Standards Survey published in September 2008 by the Ghana Statistical Service, on average, men receive higher earnings than women. The Committee once again asks the Government to supply information on the measures taken or envisaged to promote objective job evaluation methods in the private sector to eliminate pay discrimination, since this information was not, as indicated, attached to the Government’s report.

Article 4. Tripartite cooperation. The Committee notes from the Government’s report that the Government and workers’ and employers’ organizations take active steps to promote a better understanding and implementation of the principle of equal remuneration, through regular tripartite consultation in the framework of the National Tripartite Committee. Recalling the important role that the employers’ and workers’ organizations can play in promoting the principle of the Convention, the Committee asks the Government to provide details on the concrete steps and action undertaken by such organizations, including indications as to whether the issue of equal remuneration between men and women has been discussed within the National Tripartite Committee.

Part IV of the report form. Enforcement. Please continue to provide information on any decisions pursuant to section 68 of the Labour Act by courts, the National Labour Commission, or any other competent body, as well as on any violations identified by, or reported to, labour inspectors and the manner in which such discrimination cases were addressed.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee had asked the Government to provide information on the progress made with a view to amending section 68 of the Labour Act 2003, which provides only for equal pay for equal work, so as to ensure full conformity with the principle of equal remuneration for work of equal value set out in the Convention. Section 10(b) of the Labour Act is expressed in the same terms. The Committee notes from the Government’s report that due to a change of government, the Committee’s comments in this respect are still being examined by the new Minister responsible for Labour. With reference to its previous comments and recalling its 2006 general observation on the principle of equal remuneration for work of equal value, the Committee trusts that the Government will take the necessary measures in the near future with a view to amending sections 10(b) and 68 of the Labour Act 2003 in order to give full legislative expression to the principle of the Convention.

Remuneration in the public sector. The Committee notes that the job evaluation exercise undertaken to determine the value of all public sector jobs, one of the objectives of which is to ensure that jobs within the same job value range are paid within the same pay range, was completed in April 2009. As a result, a single spine pay structure was adopted. The Committee also notes that the ultimate goal for the National Job Analysis and Evaluation Exercise, as set out in the briefing notes on the public sector pay policy attached to the Government’s report, “was to enable government to reward its employees in accordance with the principle of “equal pay for equal worth” consistent with article 24(1) of the 1992 Constitution of Ghana and section 10(b) of the Labour Act”. Both the Constitution and the Labour Act refer however to “equal pay for equal work”. The evaluation has been made on the basis of four main job factors (knowledge and skill, responsibility, working conditions and effort) which were subdivided into 13 sub-factors and it has used the point factor method. The Committee notes that during the consultative workshop held in May 2009 on the single spine pay policy, the Ministry of Employment and Social Affairs and the Ghana Trade Union Congress agreed that the policy should be implemented, as of 1 January 2010, while efforts are being made to address concerns and challenges that may arise from its implementation. It also notes that the unions and associations were to submit outstanding issues or concerns to the Fair Wages and Salaries Commission. The Committee asks the Government to ensure that the principle of equal remuneration for men and women for work of equal value will be duly taken into account and recognized as an explicit objective in the implementation of the public sector pay policy. It also asks the Government to provide information on the implementation process of this policy, including on the issues dealt with by the Fair Wages and Salaries Commission and the steps taken by this Commission to ensure full application of the principle of the Convention in the public service. The Government is requested to provide a copy of the single spine pay policy and of the single spine pay structure adopted.

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

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Remuneration in the public sector. In its previous comments, the Committee requested the Government to indicate whether the Grievance Review Committee had dealt with any equal remuneration cases. The Committee notes from the Government’s report that this Committee will be set up by the Fair Wages and Salaries Commission to deal with complaints regarding remuneration. The Committee asks the Government to clarify whether the Grievance Review Committee has been established and is functioning and, if so, to provide information on its functions and activities with regard to equal remuneration between men and women for work of equal value, and on any wage discrimination cases it has addressed.

Article 2, paragraph 2(c). Collective agreements. The Committee once again asks the Government to provide information on the steps taken to ensure that provisions in collective agreements, such as those relating to certain benefits, do not discriminate on the ground of sex and that collective agreements reflect the principle of equal remuneration between men and women for work of equal value. The Government is also asked to provide examples of relevant collective agreements.

Article 3. Objective job evaluation. The Committee notes that, according to the Ghana Living Standards Survey published in September 2008 by the Ghana Statistical Service, on average, men receive higher earnings than women. The Committee once again asks the Government to supply information on the measures taken or envisaged to promote objective job evaluation methods in the private sector to eliminate pay discrimination, since this information was not, as indicated, attached to the Government’s report.

Article 4. Tripartite cooperation. The Committee notes from the Government’s report that the Government and workers’ and employers’ organizations take active steps to promote a better understanding and implementation of the principle of equal remuneration, through regular tripartite consultation in the framework of the National Tripartite Committee. Recalling the important role that the employers’ and workers’ organizations can play in promoting the principle of the Convention, the Committee asks the Government to provide details on the concrete steps and action undertaken by such organizations, including indications as to whether the issue of equal remuneration between men and women has been discussed within the National Tripartite Committee.

Part IV of the report form. Enforcement. Please continue to provide information on any decisions pursuant to section 68 of the Labour Act by courts, the National Labour Commission, or any other competent body, as well as on any violations identified by, or reported to, labour inspectors and the manner in which such discrimination cases were addressed.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee had asked the Government to provide information on the progress made with a view to amending section 68 of the Labour Act 2003, which provides only for equal pay for equal work, so as to ensure full conformity with the principle of equal remuneration for work of equal value set out in the Convention. Section 10(b) of the Labour Act is expressed in the same terms. The Committee notes from the Government’s report that due to a change of government, the Committee’s comments in this respect are still being examined by the new Minister responsible for Labour. With reference to its previous comments and recalling its 2006 general observation on the principle of equal remuneration for work of equal value, the Committee trusts that the Government will take the necessary measures in the near future with a view to amending sections 10(b) and 68 of the Labour Act 2003 in order to give full legislative expression to the principle of the Convention.

Remuneration in the public sector. The Committee notes that the job evaluation exercise undertaken to determine the value of all public sector jobs, one of the objectives of which is to ensure that jobs within the same job value range are paid within the same pay range, was completed in April 2009. As a result, a single spine pay structure was adopted. The Committee also notes that the ultimate goal for the National Job Analysis and Evaluation Exercise, as set out in the briefing notes on the public sector pay policy attached to the Government’s report, “was to enable government to reward its employees in accordance with the principle of “equal pay for equal worth” consistent with article 24(1) of the 1992 Constitution of Ghana and section 10(b) of the Labour Act”. Both the Constitution and the Labour Act refer however to “equal pay for equal work”. The evaluation has been made on the basis of four main job factors (knowledge and skill, responsibility, working conditions and effort) which were subdivided into 13 sub-factors and it has used the point factor method. The Committee notes that during the consultative workshop held in May 2009 on the single spine pay policy, the Ministry of Employment and Social Affairs and the Ghana Trade Union Congress agreed that the policy should be implemented, as of 1 January 2010, while efforts are being made to address concerns and challenges that may arise from its implementation. It also notes that the unions and associations were to submit outstanding issues or concerns to the Fair Wages and Salaries Commission. The Committee asks the Government to ensure that the principle of equal remuneration for men and women for work of equal value will be duly taken into account and recognized as an explicit objective in the implementation of the public sector pay policy. It also asks the Government to provide information on the implementation process of this policy, including on the issues dealt with by the Fair Wages and Salaries Commission and the steps taken by this Commission to ensure full application of the principle of the Convention in the public service. The Government is requested to provide a copy of the single spine pay policy and of the single spine pay structure adopted.

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

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

Article 1(a) of the Convention. Definition of remuneration. Recalling its previous comments on the meaning of the term “pay” in section 68 of the Labour Act 2003, the Committee notes the Government’s indication that the notion of “pay” encompasses “remuneration”. The Committee also notes that under the Fair Wages and Salaries Commission Act, “salary” includes allowances and retirement benefits and “wage” means “money payable by the employer to an employee at intervals of less than a month in respect of the service rendered” (section 31). Noting that the Government is preparing a new Single Spine Salary Structure Policy to be implemented in 2008, the Committee asks the Government to supply a copy of this policy with its next report along with any information on its implementation.

Article 2. Public service remuneration. The Committee notes that under the Fair Wages and Salaries Commission Act, a Grievance Review Committee charged with reviewing complaints concerning salaries and wages has been established. The Committee also notes the Government’s indication that the Fair Wages and Salaries Commission has been entrusted with implementing the Affirmative Action Policy. The Committee asks the Government to indicate whether the Grievance Review Committee has dealt with any equal remuneration cases and to provide information on the specific measures taken by the Fair Wages and Salaries Commission to implement the Affirmative Action Policy and the results achieved through this policy.

Collective agreements. The Committee recalls its previous comments in which it noted a number of collective agreements that contained gender-discrimination provisions, e.g. in relation to certain fringe benefits. In this regard, the Committee notes the Government’s indication that the Ghana Employers’ Association (GEA) and the Ghana Trade Unions Congress have sensitized their members to use “gender-sensitive language” in collective agreements. While appreciating these initiatives, the Committee asks the Government whether any directives have been issued or other steps taken by the Government to ensure that provisions in collective agreements do not discriminate on grounds of sex. The Committee also asks the Government to continue to provide examples of relevant collective agreements.

Article 3. Objective evaluation of jobs. Recalling the importance of using job evaluation methods that are free from gender bias, the Committee asks the Government to supply information on the measures taken or envisaged to promote such objective job evaluation in the private sector.

Article 4. Tripartite cooperation. The Committee notes the Government’s statement that the mandate of the National Labour Commission, as regulated by section 138 of the 2003 Labour Act, does not explicitly cover the issue of equal remuneration. However, it may adjudicate disputes involving issues of equal remuneration. The Committee encourages the Government, as well as workers’ and employers’ organizations, to take active steps to promote a better understanding and implementation of the principle of equal remuneration for men and women for work of equal value, including in the framework of the National Tripartite Committee, and to provide information on any such measures taken or envisaged.

Part IV of the report form. Enforcement. The Committee notes from the Government’s report that no judicial or administrative decisions have been rendered so far on section 68 of the 2003 Labour Act providing for equal remuneration for equal work. Please provide information on any future decision made under section 68 of the Labour Act by the courts, the National Labour Commission, or any other competent body.

Part V of the report form. Statistical information. The Committee asks the Government to provide statistical information as soon as possible on the earnings of men and women in the public and private sectors, if possible according to occupations and sectors.

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

Legislation. Equal remuneration for work of equal value. The Committee recalls that section 68 of the Labour Act 2003 provides that every worker shall receive equal pay for equal work without distinction of any kind. In its previous comments, the Committee pointed out that section 68 is more restrictive than the principle of equal remuneration for men and women for work of equal value as set out in the Convention. As indicated in the Committee’s 2006 general observation, the principle of equal remuneration for “work of equal value” includes, but goes beyond, equal remuneration for “equal work” and also encompasses work that is of a different nature, but which is nevertheless of equal value. Provisions that are narrower than the principle as laid down in the Convention hinder progress in eradicating gender-based pay discrimination against women at work, and governments are therefore urged to amend them. Reflecting the concept of “work of equal value” in the legislation is essential as it allows for a broad scope of comparison which is of importance for giving effect to the Convention’s principle in situations where men and women perform different jobs which are nevertheless of equal value. Noting the Government’s indication that the Committee’s comments concerning section 68 of the Labour Code will be addressed by the Attorney-General and the Ministry of Manpower, Youth and Employment, the Committee asks the Government to provide information on the specific steps taken in this regard and the progress made with a view to amending section 68 of the Labour Code to ensure full conformity with the Convention.

Remuneration in the public sector. The Committee notes the enactment of the Fair Wages and Salaries Commission Act 2007. Under the Act, the Commission is to ensure fair, transparent and systematic implementation of the government public service pay policy and to develop, advise on and ensure that decisions are implemented on matters related to, inter alia, remuneration, grading, classification, as well as job analysis and job evaluation (section 2). The Government indicates in its report that the Commission has hired a consultant to undertake a job evaluation exercise. A Single Spine Salary Structure Policy and the implementation of a new salary structure is planned for 2008. The Committee asks the Government to provide information on the specific measures taken by the Fair Wages and Salaries Commission to ensure full application of the principle of equal remuneration for men and women for work of equal value in the public service, in particular in the context of job grading and classification. It also asks the Government to ensure that the principle of equal remuneration for men and women for work of equal value is recognized as an explicit objective in the future public sector pay policy. Stressing the need to ensure that the job evaluation methods are objective and free from gender bias, the Committee asks the Government to provide detailed information on the methods used in the ongoing job evaluation exercise and how it is ensured that jobs predominantly occupied by women are not undervalued compared to jobs predominantly occupied by men.

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

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

1. Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s statement that section 68 of the 2003 Labour Act “reconciles and harmonizes” previously existing labour regulations, including section 68 of the 1969 Labour Regulations (LI 632), in conformity with the 1992 national Constitution and ratified Conventions of the ILO. While the provisions of the 1969 Labour Regulations referring to “identical or substantially identical work” have been repealed with the adoption of the Labour Act, the Committee notes that section 68 of the Labour Act still refers to “equal work” rather than the broader concept of “work of equal value” which is used in the Convention. The Committee regrets that, in adopting a new Labour Act, the opportunity was not taken to include a specific reference to equal remuneration for men and women for work of equal value, as the Committee had, for a number of years, asked the Government to consider such an amendment. The Committee recalls that “work of equal value”, unlike “equal work”, requires comparisons between work of a different nature, work carried out under different conditions, or for different employers. Providing for a comparison based on the value of work, rather than requiring the same or similar work, is particularly important given that men and women are often concentrated in different jobs, and that jobs typically performed by women are often undervalued. The Committee again asks the Government to consider amending the legislation to provide expressly for equal remuneration for men and women for work of equal value. It also asks the Government to forward any court and administrative decisions involving the application of section 68 of the Labour Act.

2. The Committee notes that the definition of “remuneration” set out in section 175 of the Labour Act includes “the basic or minimum wage or salary and any additional emoluments payable directly or indirectly by the employer to the worker on account of the worker’s employment”. While this definition is in line with the definition of remuneration set out in Article 1(a) of the Convention, the Committee notes that section 68 of the Labour Act refers to equal pay, and does not use the term remuneration. As pay is not defined in the Labour Act, and appears to be used in a manner different from remuneration, the Committee asks the Government to indicate how the term pay has been interpreted.

3. Article 2(1). Promotion of the principle of equal remuneration. The Committee notes the Government’s statement that the establishment of the National Labour Commission pursuant to section 135 of the Labour Act and the implementation of an affirmative action policy are measures that have been put in place to promote and ensure the application of the principle of equal remuneration for men and women for work of equal value. As the functions of the Commission set out in section 138 of the Labour Act do not specifically refer to the issue of equal remuneration, the Committee asks the Government to provide more detailed information on the role of the Commission in this regard. The Committee would also like to receive information on the status of the affirmative action policy, specific activities and measures carried out pursuant to the policy with relation to equal remuneration, and the results achieved.

4. The Committee notes that the Public Sector Medium to Long Term Salaries and Wages Policy of 1999, which includes the Ghana Universal Salary Structure, makes specific reference to “equal pay for equal worth”. The Committee notes the Government’s assertion that the full institutionalization of this policy will require eight to ten years. As this policy has already been in place for seven years, the Committee asks the Government to provide information on the progress made in implementing the policy and the results achieved. The Committee also reiterates its request for information on any action taken by the National Commission on Women and Development that would directly or indirectly promote the application of the Convention.

5. Article 2(2)(c). Collective agreements. The Committee reiterates its request for information on the measures taken by the National Advisory Committee on Labour to prohibit the use of gender discriminatory language in collective agreements, and asks the Government to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender discriminatory provisions and language.

6. Article 3. Objective evaluation of jobs. The Committee notes the information provided by the Government with regard to the methods and criteria used for classifying jobs in the public sector, and in particular the series of factors set out in the Public Sector Medium to Long Term Salaries and Wages Policy. The Committee asks the Government to provide information on how it ensures that there is no gender bias in the evaluation process under the public sector wage policy, and reiterates its request for information regarding any action taken to promote objective appraisal of jobs in the private sector.

7. Part V of the report form. Statistical information. The Committee would welcome all available information from the Government indicating the distribution of men and women in the public and private sectors, occupational groups and earnings in accordance with its general observation of 1998 on the importance of statistical data, to assist the Committee in evaluating application by the Government of the principle of equal remuneration.

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

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:

1. Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee notes that section 68 of the new Labour Act provides that "every worker shall receive equal pay for equal work without distinction of any kind." The Committee considers that the term "equal pay for equal work" does not necessarily guarantee a field of comparison as wide as the term "equal pay for work of equal value" (see General Survey on equal remuneration, 1986, paragraph 34). The Committee asks the Government to provide information in its next report on the application of section 68 in practice to determine whether this provision is interpreted in the sense of the principle of "equal pay for work of equal value". The Committee also requests clarification of the status of section 68 of the 1969 Labour Regulations (LI 632), discussed in previous comments, following adoption of the new Labour Act.

2. Article 2(1). Promotion of the principle of equal remuneration. The Committee notes from the Government’s report that the Government’s gender strategy and affirmative action policy implicitly promotes both equality of rights for women in employment and equal remuneration. The Committee recognizes that such policies have an important indirect impact on equalizing remuneration levels between men and women. The Committee asks the Government to provide information on the progress made in implementing this policy and to provide information indicating the nature and extent of the impact of the policy in promoting the principle of the Convention. It further asks the Government to indicate the action taken by the National Commission on Women and Development which would directly or indirectly promote application of the Convention.

3. Article 2(2)(c). Collective agreements. The Committee asks the Government to provide information on the measures taken by the National Advisory Committee on Labour to prohibit the use of gender discriminatory language in collective bargaining agreements and it reiterates its request for the Government to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender discriminatory provisions and language.

4. Article 3. Objective evaluation of jobs. The Committee reiterates its request for information on the methods and criteria used for classifying jobs in the public and private sector, noting that the Government omitted to include with its report a job classification study that it had commissioned for the public sector. The Committee recalls that Article 3(1) of the Convention calls for measures to be taken to promote an objective appraisal of jobs on the basis of the work to be performed, where such action would assist in giving effect to the provisions of the Convention. Further, the notion of equal remuneration of men and women for work of equal value necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Such techniques known as "job evaluation" have come to be considered the most feasible means of extending equal remuneration to men and women for work of equal value (see General Survey, op. cit., 1986, paragraph 138). The Committee notes from the Government’s report that the Ghana Employers’ Association has not undertaken a job classification exercise in the private sector. It asks the Government to provide information on any action it has taken nevertheless to promote an objective appraisal of jobs in the private sector.

5. Part V of the report form. Statistical information. The Committee would welcome all available information from the Government indicating the distribution of men and women in the public and private sectors, occupational groups and earnings in accordance with its general observation on the importance of statistical data to assist the Committee in evaluating application by the Government of the principle of equal remuneration.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee notes that section 68 of the new Labour Act provides that "every worker shall receive equal pay for equal work without distinction of any kind." The Committee considers that the term "equal pay for equal work" does not necessarily guarantee a field of comparison as wide as the term "equal pay for work of equal value" (see General Survey on equal remuneration, 1986, paragraph 34). The Committee asks the Government to provide information in its next report on the application of section 68 in practice to determine whether this provision is interpreted in the sense of the principle of "equal pay for work of equal value". The Committee also requests clarification of the status of section 68 of the 1969 Labour Regulations (LI 632), discussed in previous comments, following adoption of the new Labour Act.

2. Article 2(1). Promotion of principle of equal remuneration. The Committee notes from the Government’s report that the Government’s gender strategy and affirmative action policy implicitly promotes both equality of rights for women in employment and equal remuneration. The Committee recognizes that such policies have an important indirect impact on equalizing remuneration levels between men and women. The Committee asks the Government to provide information on the progress made in implementing this policy and to provide information indicating the nature and extent of the impact of the policy in promoting the principle of the Convention. It further asks the Government to indicate the action taken by the National Commission on Women and Development which would directly or indirectly promote application of the Convention.

3. Article 2(2)(c). Collective agreements. The Committee asks the Government to provide information on the measures taken by the National Advisory Committee on Labour to prohibit the use of gender discriminatory language in collective bargaining agreements and it reiterates its request for the Government to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender discriminatory provisions and language.

4. Article 3. Objective evaluation of jobs. The Committee reiterates its request for information on the methods and criteria used for classifying jobs in the public and private sector, noting that the Government omitted to include with its report a job classification study that it had commissioned for the public sector. The Committee recalls that Article 3(1) of the Convention calls for measures to be taken to promote an objective appraisal of jobs on the basis of the work to be performed, where such action would assist in giving effect to the provisions of the Convention. Further, the notion of equal remuneration of men and women for work of equal value necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Such techniques known as "job evaluation" have come to be considered the most feasible means of extending equal remuneration to men and women for work of equal value (see General Survey, op. cit., 1986, paragraph 138). The Committee notes from the Government’s report that the Ghana Employers’ Association has not undertaken a job classification exercise in the private sector. It asks the Government to provide information on any action it has taken nevertheless to promote an objective appraisal of jobs in the private sector.

5. Part V of the report form. Statistical information. The Committee would welcome all available information from the Government indicating the distribution of men and women in the public and private sectors, occupational groups and earnings in accordance with its general observation on the importance of statistical data to assist the Committee in evaluating application by the Government of the principle of equal remuneration.

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

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 matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the establishment of the Ministry of Women and Children Affairs in February 2001. Among other responsibilities, the Ministry is to formulate gender advocacy strategies and plans for implementation by the National Commission on Women and Development. The Committee particularly notes that, within this new framework, the Government has issued a "statement of policy on the implementation of proposals and recommendations for affirmative action towards equality of rights and opportunities for women in Ghana", a copy of which is attached to the Government’s report. The statement of policy outlines a broad strategy of affirmative action with the medium- and long term aims of achieving a 40 per cent representation of women in all Government and public service bodies, including the highest decision-making forums. The Committee asks the Government to provide information on the manner in which the newly adopted gender strategy and affirmative action policy will be used to promote and achieve equal remuneration between men and women for work of equal value.

2. The Committee notes with regret, however, that the Government’s report fails to address the points raised in its previous comments. It trusts that the Government’s next report will contain full information on all the matters raised in its previous observation, which read as follows.

(i) In its previous comments, the Committee had noted that in each of a number of collective agreements supplied by the Government, a differentiation was made, or appeared to be made, between female and male employees concerning the allocation of certain fringe benefits. The Committee notes with interest from the Government’s report that the National Advisory Committee on Labour has recommended that the Minister for Employment and Social Welfare should issue appropriate directives to the Trades Union Congress and to the Ghana Employers’ Association prohibiting the use of gender discriminatory provisions or language in future collective bargaining agreements. The Committee also notes the Government’s statement that some parties to collective agreements have begun to interpret the offending clauses to apply equally to both female and male employees in their establishments. The Government adds, however, that some employers hold to the view that, since the collective bargaining agreements in question were arrived at through negotiation, any such changes would also have to be negotiated. The Committee hopes that the Government and the National Advisory Committee on Labour will take measures to convince all employers of the need to comply with the provisions of the national legislation and with the requirements of the Convention. The Committee requests the Government to furnish a copy of the directives issued by the Minister for Employment and Social Welfare in this matter and to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender-discriminatory provisions and language.

(ii) In its previous comments, the Committee had drawn attention to section 68 of the 1969 Labour Regulations (LI 632), which refers to "identical or substantially identical work" as the basis for comparison between men’s and women’s jobs, and asked the Government to consider an amendment to provide expressly for equal remuneration for work of equal value. The Committee notes with interest from the Government’s report that the National Advisory Committee on Labour has recommended to the Minister that the wording of section 68 be amended to bring it into conformity with the Convention. The Committee recalls to the Government the possibility of seeking assistance from the International Labour Office before any such amendments are finalized and hopes that the Government will take advantage of this facility.

(iii) The Committee notes that the Government has taken measures to obtain the information requested previously concerning the methods and criteria used for classifying jobs in the public and private sectors. The Committee hopes that the Government will be in a position to provide this information in its next report.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with interest the establishment of the Ministry of Women and Children Affairs in February 2001. Among other responsibilities, the Ministry is to formulate gender advocacy strategies and plans for implementation by the National Commission on Women and Development. The Committee particularly notes that, within this new framework, the Government has issued a "statement of policy on the implementation of proposals and recommendations for affirmative action towards equality of rights and opportunities for women in Ghana", a copy of which is attached to the Government’s report. The statement of policy outlines a broad strategy of affirmative action with the medium- and long-term aims of achieving a 40 per cent representation of women in all Government and public service bodies, including the highest decision-making forums. The Committee asks the Government to provide information on the manner in which the newly adopted gender strategy and affirmative action policy will be used to promote and achieve equal remuneration between men and women for work of equal value.

The Committee notes with regret, however, that the Government’s report fails to address the points raised in its previous comments. It trusts that the Government’s next report will contain full information on all the matters raised in its previous observation, which read as follows.

1. In its previous comments, the Committee had noted that in each of a number of collective agreements supplied by the Government, a differentiation was made, or appeared to be made, between female and male employees concerning the allocation of certain fringe benefits. The Committee notes with interest from the Government’s report that the National Advisory Committee on Labour has recommended that the Minister for Employment and Social Welfare should issue appropriate directives to the Trades Union Congress and to the Ghana Employers’ Association prohibiting the use of gender discriminatory provisions or language in future collective bargaining agreements. The Committee also notes the Government’s statement that some parties to collective agreements have begun to interpret the offending clauses to apply equally to both female and male employees in their establishments. The Government adds, however, that some employers hold to the view that, since the collective bargaining agreements in question were arrived at through negotiation, any such changes would also have to be negotiated. The Committee hopes that the Government and the National Advisory Committee on Labour will take measures to convince all employers of the need to comply with the provisions of the national legislation and with the requirements of the Convention. The Committee requests the Government to furnish a copy of the directives issued by the Minister for Employment and Social Welfare in this matter and to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender-discriminatory provisions and language.

2. In its previous comments, the Committee had drawn attention to section 68 of the 1969 Labour Regulations (LI 632), which refers to "identical or substantially identical work" as the basis for comparison between men’s and women’s jobs, and asked the Government to consider an amendment to provide expressly for equal remuneration for work of equal value. The Committee notes with interest from the Government’s report that the National Advisory Committee on Labour has recommended to the Minister that the wording of section 68 be amended to bring it into conformity with the Convention. The Committee recalls to the Government the possibility of seeking assistance from the International Labour Office before any such amendments are finalized and hopes that the Government will take advantage of this facility.

3. The Committee notes that the Government has taken measures to obtain the information requested previously concerning the methods and criteria used for classifying jobs in the public and private sectors. The Committee hopes that the Government will be in a position to provide this information in its next report.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It trusts 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 reads as follows:

1.  In its previous comments, the Committee had noted that in each of a number of collective agreements supplied by the Government, a differentiation was made, or appeared to be made, between female and male employees concerning the allocation of certain fringe benefits. The Committee notes with interest from the Government’s report that the National Advisory Committee on Labour has recommended that the Minister for Employment and Social Welfare should issue appropriate directives to the Trades Union Congress and to the Ghana Employers’ Association prohibiting the use of gender discriminatory provisions or language in future collective bargaining agreements. The Committee also notes the Government’s statement that some parties to collective agreements have begun to interpret the offending clauses to apply equally to both female and male employees in their establishments. The Government adds, however, that some employers hold to the view that since the collective bargaining agreements in question were arrived at through negotiation, any such changes would also have to be negotiated. The Committee hopes that the Government and the National Advisory Committee on Labour will take measures to convince all employers of the need to comply with the provisions of the national legislation and with the requirements of the Convention. The Committee requests the Government to furnish a copy of the directives issued by the Minister for Employment and Social Welfare in this matter and to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender-discriminatory provisions and language.

2.  In its previous comments, the Committee had drawn attention to section 68 of the 1969 Labour Regulations (LI 632), which refers to "identical or substantially identical work" as the basis for comparison between men’s and women’s jobs, and asked the Government to consider an amendment to provide expressly for equal remuneration for work of equal value. The Committee notes with interest from the Government’s report that the National Advisory Committee on Labour has recommended to the Minister that the wording of section 68 be amended to bring it into conformity with the Convention. The Committee recalls to the Government the possibility of seeking assistance from the International Labour Office before any such amendments are finalized and hopes that the Government will take advantage of this facility.

3.  The Committee notes that the Government has taken measures to obtain the information requested previously concerning the methods and criteria used for classifying jobs in the public and private sectors. The Committee hopes that the Government will be in a position to provide this information in its next report.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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:

1. In its previous comments, the Committee had noted that in each of a number of collective agreements supplied by the Government, a differentiation was made, or appeared to be made, between female and male employees concerning the allocation of certain fringe benefits. The Committee notes with interest from the Government's report that the National Advisory Committee on Labour has recommended that the Minister for Employment and Social Welfare should issue appropriate directives to the Trades Union Congress and to the Ghana Employers' Association prohibiting the use of gender discriminatory provisions or language in future collective bargaining agreements. The Committee also notes the Government's statement that some parties to collective agreements have begun to interpret the offending clauses to apply equally to both female and male employees in their establishments. The Government adds, however, that some employers hold to the view that since the collective bargaining agreements in question were arrived at through negotiation, any such changes would also have to be negotiated. The Committee hopes that the Government and the National Advisory Committee on Labour will take measures to convince all employers of the need to comply with the provisions of the national legislation and with the requirements of the Convention. The Committee requests the Government to furnish a copy of the directives issued by the Minister for Employment and Social Welfare in this matter and to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender-discriminatory provisions and language.

2. In its previous comments, the Committee had drawn attention to section 68 of the 1969 Labour Regulations (LI 632), which refers to "identical or substantially identical work" as the basis for comparison between men's and women's jobs, and asked the Government to consider an amendment to provide expressly for equal remuneration for work of equal value. The Committee notes with interest from the Government's report that the National Advisory Committee on Labour has recommended to the Minister that the wording of section 68 be amended to bring it into conformity with the Convention. The Committee recalls to the Government the possibility of seeking assistance from the International Labour Office before any such amendments are finalized and hopes that the Government will take advantage of this facility.

3. The Committee notes that the Government has taken measures to obtain the information requested previously concerning the methods and criteria used for classifying jobs in the public and private sectors. The Committee hopes that the Government will be in a position to provide this information in its next report.

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

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:

1. In its previous comments, the Committee had noted that in each of a number of collective agreements supplied by the Government, a differentiation was made, or appeared to be made, between female and male employees concerning the allocation of certain fringe benefits. The Committee notes with interest from the Government's report that the National Advisory Committee on Labour has recommended that the Minister for Employment and Social Welfare should issue appropriate directives to the Trades Union Congress and to the Ghana Employers' Association prohibiting the use of gender discriminatory provisions or language in future collective bargaining agreements. The Committee also notes the Government's statement that some parties to collective agreements have begun to interpret the offending clauses to apply equally to both female and male employees in their establishments. The Government adds, however, that some employers hold to the view that since the collective bargaining agreements in question were arrived at through negotiation, any such changes would also have to be negotiated. The Committee hopes that the Government and the National Advisory Committee on Labour will take measures to convince all employers of the need to comply with the provisions of the national legislation and with the requirements of the Convention. The Committee requests the Government to furnish a copy of the directives issued by the Minister for Employment and Social Welfare in this matter and to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender-discriminatory provisions and language.

2. In its previous comments, the Committee had drawn attention to section 68 of the 1969 Labour Regulations (LI 632), which refers to "identical or substantially identical work" as the basis for comparison between men's and women's jobs, and asked the Government to consider an amendment to provide expressly for equal remuneration for work of equal value. The Committee notes with interest from the Government's report that the National Advisory Committee on Labour has recommended to the Minister that the wording of section 68 be amended to bring it into conformity with the Convention. The Committee recalls to the Government the possibility of seeking assistance from the International Labour Office before any such amendments are finalized and hopes that the Government will take advantage of this facility.

3. The Committee notes that the Government has taken measures to obtain the information requested previously concerning the methods and criteria used for classifying jobs in the public and private sectors. The Committee hopes that the Government will be in a position to provide this information in its next report.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. In its previous comments, the Committee had noted that in each of a number of collective agreements supplied by the Government, a differentiation was made, or appeared to be made, between female and male employees concerning the allocation of certain fringe benefits. The Committee notes with interest from the Government's report that the National Advisory Committee on Labour has recommended that the Minister for Employment and Social Welfare should issue appropriate directives to the Trades Union Congress and to the Ghana Employers' Association prohibiting the use of gender discriminatory provisions or language in future collective bargaining agreements. The Committee also notes the Government's statement that some parties to collective agreements have begun to interpret the offending clauses to apply equally to both female and male employees in their establishments. The Government adds, however, that some employers hold to the view that since the collective bargaining agreements in question were arrived at through negotiation, any such changes would also have to be negotiated. The Committee hopes that the Government and the National Advisory Committee on Labour will take measures to convince all employers of the need to comply with the provisions of the national legislation and with the requirements of the Convention. The Committee requests the Government to furnish a copy of the directives issued by the Minister for Employment and Social Welfare in this matter and to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender-discriminatory provisions and language.

2. In its previous comments, the Committee had drawn attention to section 68 of the 1969 Labour Regulations (LI 632), which refers to "identical or substantially identical work" as the basis for comparison between men's and women's jobs, and asked the Government to consider an amendment to provide expressly for equal remuneration for work of equal value. The Committee notes with interest from the Government's report that the National Advisory Committee on Labour has recommended to the Minister that the wording of section 68 be amended to bring it into conformity with the Convention. The Committee recalls to the Government the possibility of seeking assistance from the International Labour Office before any such amendments are finalized and hopes that the Government will take advantage of this facility.

3. The Committee notes that the Government has taken measures to obtain the information requested previously concerning the methods and criteria used for classifying jobs in the public and private sectors. The Committee hopes that the Government will be in a position to provide this information in its next report.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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 matters raised in its previous direct request, which read as follows:

1. Referring to its previous direct request, the Committee is grateful to the Government for having supplied the texts of collective agreements applying in various industries. The Committee notes that in each of these agreements, differentiation is made specifically or appears to be made between male and female employees concerning the allocation of certain fringe benefits.

For example, in the agreement between the Gihoc Distilleries Company and the Industrial and Commercial Workers' Union (dated 1982, but presumably continued in force under article 2 of the agreement), article 4(f) provides that a " family' means an employee, his wife and children under 18 years who are not gainfully employed (husbands are excluded in the case of female employees)". This provision would have the effect of denying to a female employee the benefits available to the family of a male employee in the cases covered by article 10 (Transfer) of the agreement. In the 1988 agreement between the Merchant Bank (Ghana) Limited and the Industrial and Commercial Workers' Union, though the definition of "employee" includes both male and female staff, a "family" is defined as meaning "an employee, his wife and children under 21 years of age who are not gainfully employed" (article 1). This provision would appear to exclude the family of a female employee from eligibility to the bank's medical scheme (article 13) and from the fares paid by the employer in case of permanent transfer (article 21). The 1991 agreement concluded between Eveready Ghana Limited, Tema, and the General Transport, Petroleum and Chemical Workers' Union of TUC (Ghana) which, according to the preamble, applies to all employees, provides for certain transport benefits to be paid by the employer for an employee's "wife and dependent children" (article 20(d)); though a non-discrimination provision (article 45) is included in this agreement, it is not clear whether it would operate to ensure that such benefits apply equally to the family of a female employee. A similar differentiation is made concerning the provision of transport for the "wife and children" of an employee under article 12 of the agreement between the Accra Brewery Unit of the Ghana Employers' Association and the Accra Brewery Workers of the Industrial and Commercial Workers' Union of the TUC (Ghana) 1990-92. In addition, this last-mentioned agreement stipulates a compulsory retirement age of 55 years for men and 50 years for women, which disadvantages women in relation to men since end-of-service benefits are calculated on the basis of the length of service.

All such provisions which discriminate on the basis of sex are contrary to Article 1(b) of the Convention and to Article 1(a) which defines "remuneration" as including not only the basic wage or salary but "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment". The Committee would therefore request the Government to take the necessary measures to ensure that such clauses are removed from collective agreements.

2. The Committee has noted the statement made by the Government in its previous report to the effect that the 1990 general observation of the Committee was quite relevant to Ghana. In this connection, the Committee recalls that in its direct request of 1990, it had drawn attention to section 68 of the Labour Regulations of 1969 (LI 632) according to which "work for which a female employee is employed and work for which a male employee is employed shall be deemed to be identical or substantially identical if the job, duties or services the employees are called upon to perform are identical or substantially identical" and requested information on its practical application and in particular on the methods chosen and the criteria observed for the classification of jobs in both the public and private sectors. Since this provision appears to contemplate a more narrow comparison between jobs than that required by the Convention, the Committee hopes that the Government will consider amending it to provide expressly for equal pay for work of equal value and that the next report will contain the information requested in the direct request of 1990, as well as information on the measures taken or contemplated to amend section 68 of the Labour Regulations of 1969.

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

The Committee notes with regret that, for the third consecutive time, 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:

1. Referring to its previous direct request, the Committee is grateful to the Government for having supplied the texts of collective agreements applying in various industries. The Committee notes that in each of these agreements, differentiation is made specifically or appears to be made between male and female employees concerning the allocation of certain fringe benefits.

For example, in the agreement between the Gihoc Distilleries Company and the Industrial and Commercial Workers' Union (dated 1982, but presumably continued in force under article 2 of the agreement), article 4(f) provides that a " family' means an employee, his wife and children under 18 years who are not gainfully employed (husbands are excluded in the case of female employees)". This provision would have the effect of denying to a female employee the benefits available to the family of a male employee in the cases covered by article 10 (Transfer) of the agreement. In the 1988 agreement between the Merchant Bank (Ghana) Limited and the Industrial and Commercial Workers' Union, though the definition of "employee" includes both male and female staff, a "family" is defined as meaning "an employee, his wife and children under 21 years of age who are not gainfully employed" (article 1). This provision would appear to exclude the family of a female employee from eligibility to the bank's medical scheme (article 13) and from the fares paid by the employer in case of permanent transfer (article 21). The 1991 agreement concluded between Eveready Ghana Limited, Tema, and the General Transport, Petroleum and Chemical Workers' Union of TUC (Ghana) which, according to the preamble, applies to all employees, provides for certain transport benefits to be paid by the employer for an employee's "wife and dependent children" (article 20(d)); though a non-discrimination provision (article 45) is included in this agreement, it is not clear whether it would operate to ensure that such benefits apply equally to the family of a female employee. A similar differentiation is made concerning the provision of transport for the "wife and children" of an employee under article 12 of the agreement between the Accra Brewery Unit of the Ghana Employers' Association and the Accra Brewery Workers of the Industrial and Commercial Workers' Union of the TUC (Ghana) 1990-92. In addition, this last-mentioned agreement stipulates a compulsory retirement age of 55 years for men and 50 years for women, which disadvantages women in relation to men since end-of-service benefits are calculated on the basis of the length of service.

All such provisions which discriminate on the basis of sex are contrary to Article 1(b) of the Convention and to Article 1(a) which defines "remuneration" as including not only the basic wage or salary but "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment". The Committee would therefore request the Government to take the necessary measures to ensure that such clauses are removed from collective agreements.

2. The Committee has noted the statement made by the Government in its previous report to the effect that the 1990 general observation of the Committee was quite relevant to Ghana. In this connection, the Committee recalls that in its direct request of 1990, it had drawn attention to section 68 of the Labour Regulations of 1969 (LI 632) according to which "work for which a female employee is employed and work for which a male employee is employed shall be deemed to be identical or substantially identical if the job, duties or services the employees are called upon to perform are identical or substantially identical" and requested information on its practical application and in particular on the methods chosen and the criteria observed for the classification of jobs in both the public and private sectors. Since this provision appears to contemplate a more narrow comparison between jobs than that required by the Convention, the Committee hopes that the Government will consider amending it to provide expressly for equal pay for work of equal value and that the next report will contain the information requested in the direct request of 1990, as well as information on the measures taken or contemplated to amend section 68 of the Labour Regulations of 1969.

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

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:

1. Referring to its previous direct request, the Committee is grateful to the Government for having supplied the texts of collective agreements applying in various industries. The Committee notes that in each of these agreements, differentiation is made specifically or appears to be made between male and female employees concerning the allocation of certain fringe benefits.

For example, in the agreement between the Gihoc Distilleries Company and the Industrial and Commercial Workers' Union (dated 1982, but presumably continued in force under article 2 of the agreement), article 4(f) provides that a "'family' means an employee, his wife and children under 18 years who are not gainfully employed (husbands are excluded in the case of female employees)". This provision would have the effect of denying to a female employee the benefits available to the family of a male employee in the cases covered by article 10 (Transfer) of the agreement. In the 1988 agreement between the Merchant Bank (Ghana) Limited and the Industrial and Commercial Workers' Union, though the definition of "employee" includes both male and female staff, a "family" is defined as meaning "an employee, his wife and children under 21 years of age who are not gainfully employed" (article 1). This provision would appear to exclude the family of a female employee from eligibility to the bank's medical scheme (article 13) and from the fares paid by the employer in case of permanent transfer (article 21). The 1991 agreement concluded between Eveready Ghana Limited, Tema, and the General Transport, Petroleum and Chemical Workers' Union of TUC (Ghana) which, according to the preamble, applies to all employees, provides for certain transport benefits to be paid by the employer for an employee's "wife and dependent children" (article 20(d)); though a non-discrimination provision (article 45) is included in this agreement, it is not clear whether it would operate to ensure that such benefits apply equally to the family of a female employee. A similar differentiation is made concerning the provision of transport for the "wife and children" of an employee under article 12 of the agreement between the Accra Brewery Unit of the Ghana Employers' Association and the Accra Brewery Workers of the Industrial and Commercial Workers' Union of the TUC (Ghana) 1990-92. In addition, this last-mentioned agreement stipulates a compulsory retirement age of 55 years for men and 50 years for women, which disadvantages women in relation to men since end-of-service benefits are calculated on the basis of the length of service.

All such provisions which discriminate on the basis of sex are contrary to Article 1(b) of the Convention and to Article 1(a) which defines "remuneration" as including not only the basic wage or salary but "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment". The Committee would therefore request the Government to take the necessary measures to ensure that such clauses are removed from collective agreements.

2. The Committee has noted the statement made by the Government in its previous report to the effect that the 1990 general observation of the Committee was quite relevant to Ghana. In this connection, the Committee recalls that in its direct request of 1990, it had drawn attention to section 68 of the Labour Regulations of 1969 (LI 632) according to which "work for which a female employee is employed and work for which a male employee is employed shall be deemed to be identical or substantially identical if the job, duties or services the employees are called upon to perform are identical or substantially identical" and requested information on its practical application and in particular on the methods chosen and the criteria observed for the classification of jobs in both the public and private sectors. Since this provision appears to contemplate a more narrow comparison between jobs than that required by the Convention, the Committee hopes that the Government will consider amending it to provide expressly for equal pay for work of equal value and that the next report will contain the information requested in the direct request of 1990, as well as information on the measures taken or contemplated to amend section 68 of the Labour Regulations of 1969.

3. The Committee has noted that the Government has sought the advice of the regional adviser on ILO standards concerning the application of equal pay and has requested the assistance of the International Labour Office concerning job classification and evaluation in the country's organizations and institutions. It has also been noted from the report that some government authorities have already been requested to coordinate their activities to address the issues raised in connection with the application of the Convention. The Committee has noted these developments with interest and hopes that the Office will be able to provide assistance to the Government and the social partners which will help to overcome the legal and practical impediments to the full implementation of the Convention.

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

The Committee notes the information provided by the Government in its report and attached documentation.

1. Referring to its previous direct request, the Committee is grateful to the Government for having supplied the texts of collective agreements applying in various industries. The Committee notes that in each of these agreements, differentiation is made specifically or appears to be made between male and female employees concerning the allocation of certain fringe benefits.

For example, in the agreement between the Gihoc Distilleries Company and the Industrial and Commercial Workers' Union (dated 1982, but presumably continued in force under article 2 of the agreement), article 4(f) provides that a "'family' means an employee, his wife and children under 18 years who are not gainfully employed (husbands are excluded in the case of female employees)". This provision would have the effect of denying to a female employee the benefits available to the family of a male employee in the cases covered by article 10 (Transfer) of the agreement. In the 1988 agreement between the Merchant Bank (Ghana) Limited and the Industrial and Commercial Workers' Union, though the definition of "employee" includes both male and female staff, a "family" is defined as meaning "an employee, his wife and children under 21 years of age who are not gainfully employed" (article 1). This provision would appear to exclude the family of a female employee from eligibility to the bank's medical scheme (article 13) and from the fares paid by the employer in case of permanent transfer (article 21). The 1991 agreement concluded between Eveready Ghana Limited, Tema, and the General Transport, Petroleum and Chemical Workers' Union of TUC (Ghana) which, according to the preamble, applies to all employees, provides for certain transport benefits to be paid by the employer for an employee's "wife and dependent children" (article 20(d)); though a non-discrimination provision (article 45) is included in this agreement, it is not clear whether it would operate to ensure that such benefits apply equally to the family of a female employee. A similar differentiation is made concerning the provision of transport for the "wife and children" of an employee under article 12 of the agreement between the Accra Brewery Unit of the Ghana Employers' Association and the Accra Brewery Workers of the Industrial and Commercial Workers' Union of the TUC (Ghana) 1990-92. In addition, this last-mentioned agreement stipulates a compulsory retirement age of 55 years for men and 50 years for women, which disadvantages women in relation to men since end-of-service benefits are calculated on the basis of the length of service.

All such provisions which discriminate on the basis of sex are contrary to Article 1(b) of the Convention and to Article 1(a) which defines "remuneration" as including not only the basic wage or salary but "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment". The Committee would therefore request the Government to take the necessary measures to ensure that such clauses are removed from collective agreements.

2. The Committee has noted the statement made by the Government in its report to the effect that the 1990 general observation of the Committee was quite relevant to Ghana. In this connection, the Committee recalls that in its direct request of 1990, it had drawn attention to section 68 of the Labour Regulations of 1969 (LI 632) according to which "work for which a female employee is employed and work for which a male employee is employed shall be deemed to be identical or substantially identical if the job, duties or services the employees are called upon to perform are identical or substantially identical" and requested information on its practical application and in particular on the methods chosen and the criteria observed for the classification of jobs in both the public and private sectors. Since this provision appears to contemplate a more narrow comparison between jobs than that required by the Convention, the Committee hopes that the Government will consider amending it to provide expressly for equal pay for work of equal value and that the next report will contain the information requested in the direct request of 1990, as well as information on the measures taken or contemplated to amend section 68 of the Labour Regulations of 1969.

3. The Committee has noted that the Government has sought the advice of the regional adviser on ILO standards concerning the application of equal pay and has requested the assistance of the International Labour Office concerning job classification and evaluation in the country's organisations and institutions. It has also been noted from the report that some government authorities have already been requested to coordinate their activities to address the issues raised in connection with the application of the Convention. The Committee has noted these developments with interest and hopes that the Office will be able to provide assistance to the Government and the social partners which will help to overcome the legal and practical impediments to the full implementation of the Convention.

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

The Committee notes the information communicated by the Government during the 1989 Session of the International Labour Conference.

1. In its previous request the Committee asked the Government to provide copies of collective agreements in manufacturing industries, financial institutions, in the commercial sector as well as in other areas employing a large number of women, and to include all the appendices to these agreements setting out job classifications with related rates of pay. The Committee notes the Government's statement that the collective agreements make no distinction as to sex. It again requests the Government to communicate copies of the collective agreements with its next report.

2. In its previous request, the Committee noted that the Government's report contained no information in reply to its previous comments concerning the methods used for job classification. The Committee had referred to section 68 of the Labour Regulations of 1969 (L.I.632) according to which "work for which a female employee is employed and work for which a male employee is employed shall be deemed to be identical or substantially identical if the job, duties or services the employees are called upon to perform are identical or substantially identical". The Committee notes, from the information received, that job evaluation takes place by agreement between employers and unions. It again requests the Government to provide information on the practical application of paragraph 68 of the Regulations, and in particular on the methods chosen and the criteria observed for classification of jobs in both the private and public sectors, with a view to implementing the principle of equal pay for work of equal value.