Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Ghana (Ratification: 1961)

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

Repetition

Articles 1 and 2 of the Convention. Scope and purpose of the Convention. The Committee notes the Government’s report, in which the Government makes renewed reference to the provisions laid down in the Labour Act 2003 regarding occupational safety and health, minimum wage fixing and maximum working hours. It once again notes that these provisions are not strictly relevant to the subject matter of the Convention which deals with labour clauses in public contracts as set out in Article 1 of the Convention, and that they are not sufficient to give effect to Article 2 of the Convention which explicitly requires the insertion of labour clauses ensuring favourable wages and other working conditions to the workers concerned. Furthermore, the Committee had previously noted that the general principles set out in the Labour Act cannot automatically guarantee to the workers concerned labour conditions which are not less favourable than those established for work of the same character in the same area by collective agreement, arbitration award or national laws or regulations. The application of the general labour legislation is not enough in itself to ensure the application of the Convention, inasmuch as the minimum standards fixed by law are often improved upon by means of collective agreement or otherwise. Moreover, it had previously noted that the legislation to which the Government refers in most cases lays down minimum standards and does not necessarily reflect the actual working conditions of workers.

With reference to its previous comment concerning labour clearance certificates, which individuals or firms are required to obtain before they are allowed to tender for public contracts, the Committee notes the Government’s indication that it is taking measures to strengthen this procedure. In this respect, the Committee wishes to recall that the essential purpose of the insertion of labour clauses goes beyond the aims of simple certification, as its purpose is to eliminate the negative effects of competitive bidding on the workers’ labour conditions.

Noting that no substantial progress was made to bring national legislation into conformity with the requirements of the Convention, the Committee once again strongly urges the Government to take all necessary measures, if necessary with technical assistance from the Office, to implement the Convention in law and practice and to supply information in this regard.

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