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Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Ghana (Ratification: 1964)

Other comments on C117

Observation
  1. 2006

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Articles 1 and 2 of the Convention. General principles. Improvement of standards of living. The Committee notes the Government’s indication that the basic principle in the planning of economic development is to improve people’s living standards. It also notes from the report the measures taken in this regard, which include infrastructure projects to expand healthcare at the district level and boost access to healthcare services for all citizens; the rural electrification by way of connecting the rural areas to the national grid; the introduction of free senior high school; and social protection floors provided to some households in the form of financial assistance. The Government indicates that, as a result of its measures and policies, there has been a positive impact on access to education and poverty reduction. For example, the enrolment of children under the free compulsory universal basic school scheme is currently at 98 per cent; the enrolment of children under the free senior high school programme is at 92 per cent; and access to health services is currently measured at 68.6 per cent. Moreover, 78.5 per cent of all Livelihood Empowerment Against Poverty (LEAP) programme beneficiaries have been registered onto the National Health Insurance Scheme (NHIS). The Government indicates that it will continue to implement policies to improve the standards of living of its citizens. In response to the Committee’s request for information on the measures taken to address the COVID-19 pandemic, the Government refers to a list of measures adopted, including the provision of working-from-home measures and stimulus packages to businesses.
The Committee further notes that, over the past decade, according to the 2017 Living Standards Survey (GLSS), Ghana has made significant strides in improving its standard of living, although certain challenges remain (Ghana - Living Standards Survey 2017 (ilo.org)). The country has experienced steady economic growth, which has contributed to a reduction in poverty levels, with the GLSS showing improvements in household incomes and living conditions. It notes that, despite economic growth, a large portion of the workforce remains in the informal economy, which negatively affects job security and access to social benefits, particularly in rural areas where social protection gaps still exist. The GLSS also points at improvements in various aspects of living conditions, such as access to clean water, electricity, and improved housing, with disparities between urban and rural areas persist. With respect to the social protection measures mentioned by the Government, the Committee wishes to point out that the preparation and implementation of integrated and coordinated employment and social protection policies and measures constitute powerful levers for achieving the important objective of formalizing the economy, increasing productivity and improving the standards of living of the entire population, in particular the most vulnerable persons excluded from all social and labour protection, a great many of whom work in the informal economy, often in rural areas. The Committee therefore requests the Government to continue providing information on progress made in improving the standard of living of the population, indicating in particular efforts made to address the challenges of informal employment and to ensure equitable access to social services across all regions, taking into account that “the improvement of standards of living” needs to constitute “the principal objective in the planning of economic development”.
Article 11(1), (4), (6) and (7). Remuneration of workers. Proper payment of all wages. Prohibition of substitution. In response to the previous comments, the Committee notes the Government’s indication that a worker’s remuneration is paid in cash, including any other allowances or overtime. The monthly remuneration, including any other allowances, are imbedded in the monthly salary which is negotiated between the worker or workers’ representatives and the employer. The Government refers in this regard to section 67 of the Labour Act which provides that the payment of remuneration to every contract of employment shall stipulate that the whole of the salary, wages and allowances of the worker shall be made payable in legal tender in addition to any non-cash remuneration and, accordingly, a contract of employment that contains provisions to the contrary is void. The Government adds that there is no such practice of replacement of money payments by payment in alcoholic beverages supplied by the employer. Complaints that are submitted by workers have always been in relation to the non-payment of salaries and allowances. These complaints are submitted to the Chief Labour Officer or National Labour Commission and both parties (the employer and employee) are then invited to a hearing for the resolution of the dispute. The Committee requests the Government to provide further information with respect to procedures or complaints submitted to the National Labour Commission or any other body with respect to issues falling under the scope of Article 11 of the Convention, including the non-payment of wages or the unlawful substitution of wages. It also requests the Government to provide copies of such decisions.
Articles 11(8) and 12. Deduction from wages. Advances on wages. In its previous comments, the Committee noted the Government’s indication that, when a worker is aggrieved by a deduction to wages made by his or her employer and is unable to resolve the matter with the employer, the worker may present a complaint in writing to the Labour Commission in order to seek redress. The Committee requested the Government to provide information on the manner in which the Labour Inspection and the Labour Commission have applied Article 12 of the Convention. The Committee notes the Government’s indication that salary advances given to workers by their employers are mostly deducted or repaid by the close of the month, depending on the agreement between the parties. If a worker is leaving an establishment and took salary advances, the advances are deducted from any outstanding payment to be made to the worker by the employer. The Government adds, however, that 40 per cent advances are given to workers by financial institutions and are repaid based on the payment plan agreed between the financial institution and worker for a certain period. The National Labour Commission has applied Article 12 of the Convention by referring to section 70(1)(b) of the Labour Act which provides that an employer may, with the consent of the worker, make deductions from the remuneration of the worker any financial facility advanced by the employer to the worker at the written request of the worker or any facility guaranteed by the employer to the worker. The Committee requests the Government to provide information on the manner in which the National Labour Commission has applied section 70(1)(b) of the Labour Act, by providing copies of relevant decisions. It also requests the Government to continue to provide updated information on the application, in practice, of Articles 11(8) and 12 of the Convention.
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