Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Ghana (Ratification: 1965)

Articles 2 and 3 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations of their own choosing. Right of workers’ organizations to organize their activities in full freedom. The Committee recalls that, for many years, it has been requesting the Government to take the necessary measures to amend the following provisions of the 2003 Labour Act and its 2007 Regulations:

• • section 79(2), which excludes persons performing managerial and decision-making functions from the right to establish and join organizations of their own choosing;
• • section 1, which excludes prison staff from the scope of application and therefore from the right to establish and join organizations of their own choosing;
• • section 80(1), which provides that two or more workers may establish or join a trade union if they are in the same “undertaking”, defined in section 175 of the same Act as “the business of any employer”;
• • section 80(2), which provides that employers must employ not less than 15 workers to establish or join an employers’ organization;
• • section 81, which does not explicitly authorize trade unions to form or join confederations;
• • sections 154–160, which do not set any time limit with regard to mediation;
• • section 160(2), under which collective disputes are referred to compulsory arbitration if they are not resolved within seven days; and
• • section 20 of the 2007 Regulations which sets out too broad a list of essential services.

The Committee notes that the Government indicates in its report that the social partners have started to review the labour legislation and are submitting their contributions to the text that will subsequently become law. The Committee expects that the Government, in consultation with the social partners, will soon complete the review of the labour legislation and ensure that it is brought into full conformity with the Convention, in light of the comments that the Committee has been making for many years. The Committee requests the Government to provide information on any progress and a copy of the legal texts adopted. The Committee reminds the Government that it may request technical assistance from the Office.