Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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. In reply to the 2006 observation, the Government states in its report received in September 2007 that even though the Labour Act, 2003, in section 7, allows the establishment of private fee-charging employment agencies when a licence has been granted by the Minister, there are none in existence. The Labour Regulations, 2007, which became effective on 28 May 2007, contains provisions under section 3 regulating private employment agencies, including those conducted with a view to profit. The Committee once again emphasizes that Members which ratify Convention No. 96 and which, like Ghana, accept Part II of the Convention, undertake to abolish fee-charging employment agencies conducted with a view to profit. It recalls that Ghana ratified Convention No. 96 on 21 August 1974 and is therefore under an obligation to abolish fee-charging employment agencies conducted with a view to profit. The Committee accordingly draws the Government’s attention to the fact that the provisions regarding private employment agencies contained in the Labour Act, 2003, and in the Labour Regulations, 2007, do not give effect to the obligations set out in the Parts of Convention No. 96 that have been accepted by Ghana.

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 latest 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). The Committee once again invites the Government to report on measures taken, in consultation with the social partners, in relation to this issue.

[The Government is asked to report in detail on the present comments in 2008.]