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

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Ghana (Ratification: 1973)

1. Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes that, since 1998, the Government has not supplied reports on the application of this Convention. In relation to the information examined on the application of  the Employment Service Convention, 1948 (No. 88), the Committee notes that section 7(2) of the Labour Act, 2003, provides for the establishment of private employment agencies. The Government also confirms in its report on Convention No. 88 that even though the Act allows for the establishment of private employment agencies, there are at present none in existence. Section 7 of the Labour Act, 2003, enables private agencies when established to collect fees for the services provided. The Committee notes that Members ratifying Convention No. 96 which, like Ghana, have accepted Part II of the Convention, undertake to abolish fee-charging employment agencies conducted with a view to profit. In these circumstances, the Committee observes that the provisions regarding private employment agencies contained in the Labour Act, 2003, are not in conformity with Convention No. 96.

2. Revision of Convention No. 96. The Committee recalls that the revision of Convention No. 96 was prompted by recognition of the role played by private employment agencies in the operation of the labour market and that the Private Employment Agencies Convention, 1997 (No. 181), is now the up to date standard in this area. It recalls that the ILO Governing Body invited the States parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, which would involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998).

3. The Committee invites the Government to report on any developments that, in consultation with the social partners, might take place by way of an appropriate follow-up to the issue raised in this observation.

[The Government is asked to report in detail on the present comments in 2007.]