Labour Administration Convention, 1978 (No. 150) - Ghana (Ratification: 1986)

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

A. Labour inspection

Article 7 of Convention No. 81. Training of labour inspectors. Following its previous comments, the Committee notes the information in the report of the Government on the training activities which were carried out for labour inspectors in the period 2021–23, including on child labour issues and domestic workers, and covering 274 labour inspectors. The Committee takes note of this information, which addresses its previous request.

Article 12(1)(a). Right of labour inspectors to enter freely workplaces liable to inspection. Following its previous comments on section 124(1)(a) of the Labour Act 2003, which limits free and unannounced visits of workplaces to “working hours”, the Committee notes the statement of the Government that inspectors of the Labour Department are free to enter any establishment outside the working hours, especially when there is a sense a violation of labour laws has occurred. In this regard, the Government indicates that, in the period 2021–24, labour inspectors have conducted 2,446 announced inspection visits and 606 unannounced ones. The Committee also notes that according to the Government’s report on the Hours of Work (Industry) Convention, 1919 (No. 1), a review of the Labour Act is underway. The Government, however, has not indicated whether section 124(1)(a) of the Labour Act 2003 will be amended. The Committee requests the Government to indicate the measures taken to bring section 124(1)(a) of the Labour Act into full conformity with Article 12(1)(a) of the Convention, including in the context of the ongoing reform of the Act. The Committee requests the Government to specify the measures taken to ensure that, in practice, labour inspectors provided with proper credentials are empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, in accordance with Article 12(1)(a). In this regard, it requests the Government to provide any information available on the number of inspection visits conducted with and without previous notice outside of the working hours of a workplace liable to inspection.

Articles 20 and 21. Annual report of the labour inspection services. The Committee takes due note of the Statistical Reports of the Ministry of Employment and Labour Relations of 2021 and 2022, published on the webpage of the Ministry of Employment and Labour Relations, which contain information on laws and regulations (Article 21(a)), statistics of inspection visits (Article 21(d)) and statistics of industrial accidents (Article 21(f)). The Committee notes that those reports also contain statistics regarding compliance rates in inspections and the number of newly registered premises each year. The Committee observes that, although some of this information is communicated by the Government in its report, the Statistical Reports of the Ministry of Employment and Labour Relations of 2021 and 2022 do not contain statistics on the staff of the labour inspection service (Article 21(b)), on the workplaces liable to inspection and the number of workers employed therein (Article 21(c)), on the violations and penalties imposed (Article 21(e)) and on occupational diseases (Article 21(g)). Accordingly, the Committee requests the Government to indicate the measures taken or envisaged to ensure that futureStatistical Reports of the Ministry of Employment and Labour Relations contain statistical information on all the subjects outlined in Article 21 of the Convention.

B. Labour administration

Articles 4, 5, 6(2)(a) and (b) of Convention No. 150. Effective operation of the labour administration system. Adoption and implementation of a national employment policy. Application in practice. Following its previous comments on the National Employment Policy (NEP) and the measures taken for its implementation and evaluation, the Committee notes that the Government’s statement that the Ministry of Employment and Labour Relations submits annual progress reports to the National Development Planning Commission on key sector indicators highlighted in the policy. According to the Statistical Report of the Ministry of Employment and Labour Relations of 2022, there was a total of 3,913 registered job seekers in 2022, comprising 2,485 men and 1,428 women, and representing a 12 per cent increase in the number of job seekers compared to 2021. The Committee requests the Government to provide further information on the impact of measures taken in the implementation of the NEP on the employment situation in the country. While noting the Government’s statement that the National Employment Coordinating Committee was inaugurated to review ongoing policies towards job creation, the Committee requests the Government to provide further information on the specific measures taken to review the NEP.

Article 7. Extension of the functions of the system of labour administration to workers, who are not, in law, employed persons. Following its previous comments, the Committee notes with interest the measures taken by the Government to implement the NEP in relation to the informal economy, including the development of the National Green Jobs Strategy to create job opportunities in the informal sector and address issues of climate change. The Government also indicates that it has developed a roadmap towards the formalisation of the informal sector. The Committee requests the Government to continue to provide information on the measures taken and results achieved in this regard.

Article 10. Human resources, conditions of service and training of the staff of the labour administration system. Following its previous comments on the measures taken to improve the capacities of the bodies responsible for labour administration, the Committee notes the Government’s indication that in the context of Ghana Employment and Social Protection (GESP) Programme funded by the European Union, the Labour Department, the Department of Factories Inspectorate and youth employment agencies across regions have received training in various areas, including career guidance, counselling, job matching and other employment-related services. The Committee also takes due note of the Government’s statement that, in the context of the Jobs and Skills Project for Ghana, sponsored by the World Bank, the Ministry of Employment and Labour Relations constructed 16 district public employment centres to improve the labour administration system. The Committee requests the Government to continue to provide information on the measures taken to improve the capacities of the labour administration system, including any measures taken to recruit additional staff.

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

Articles 4, 5, 6(2)(a) and (b) of the Convention. Effective operation of the labour administration system. Adoption and implementation of a national employment policy. Application in practice. The Committee notes with interest the country’s adoption of the first ever comprehensive policy on employment aimed at addressing the challenge of growing unemployment, and targeting in particular, vulnerable groups, the youth, women and persons with disability. The Committee notes from the 2015 document containing the National Employment Policy (NEP) that the key employment policy objectives are: (i) creating more decent jobs to meet the growing demand for employment; (ii) improving the quality of jobs for those who are employed; (iii) increasing labour productivity; and (iv) strengthening governance and labour administration.

It notes from the information contained in the NEP that according to research and analysis, one of the ten key issues that must be addressed to generate sustainable employment is the coordination of employment creation interventions. In this regard, the Committee welcomes the assignment of concrete roles and responsibilities to the bodies entrusted with the implementation of the NEP, in particular the tripartite National Employment Coordination Council which shall be set up to assist with the implementation of this policy (see Chapter 4.5). The Committee requests that the Government provide information on the measures taken for the implementation of the NEP and their impact on improving the employment situation in the country. Noting from the NEP that annual monitoring and evaluation reports shall be submitted to the President, Cabinet Ministers and the Parliament to enable the tracking of the desired national employment outcome, the Committee requests the Government to provide a copy of these reports.

Article 7. Extension of the functions of the system of labour administration to workers, who are not, in law, employed persons. The Committee notes the Government’s indication that the national conditions require the gradual extension of the functions of the labour administration system to cover the category of workers referred to in Article 7. It further notes from the document containing the NEP that one of the ten key issues that must be addressed to create sustainable employment opportunities concern the large informal sector employment that is characterised by low productivity, huge decent work deficits, vulnerable workers and the working poor. The Committee notes from the same source that the informal sector is estimated to employ about 90 per cent of the workforce, the majority of which are self-employed workers. The Committee requests that the Government provide information on the efforts undertaken, including through the implementation of the NEP, to extend labour administration functions (that is pertaining to employment promotion, labour relations, labour standards, among other things) to the informal sector.

Article 10. Human resources, conditions of service and training of the staff of the labour administration system. The Committee notes that the Government has not provided the information requested in its previous comment on the training provided to the staff of the labour administration services. It further notes from the NEP that challenges in the effective delivery of the service of the labour administration system include, among other things: the weak institutional capacity for labour administration (including ineffective labour inspection), the inadequate staff for the labour administration institutions, and the relatively low public sector wages and salaries. In this regard, the Committee welcomes the plans of the Government, described in Chapter 3, objective 4, to: (i) strengthen the institutional capacities of the bodies responsible for labour administration, including those responsible for securing compliance with labour law provisions; and (ii) preparing a national human resource development plan involving the identification of present and future skills needs and related training programmes. The Committee requests that the Government provide information on the steps taken, including through the implementation of the NEP, to improve the capacities of the bodies responsible for labour administration (the recruitment of additional staff, the training provided including relating to the number of participants, and the content, frequency and duration of such training.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Repetition

In its 2009 comments under the Labour Inspection Convention, 1947 (No. 81), and the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee noted the recent developments in the Labour Department and the Department of Factories and Inspectorate of the abovementioned Ministry, namely the development of human resources, an ongoing needs assessment and organizational rearrangement and the enhanced commitment of the Government to enable the departmental staff to undertake some of the training courses run by the ILO–ARLAC (African Regional Labour Administration Centre). The Committee asks the Government to provide further details on the training activities carried out during the period covered by its next report and, if applicable, to keep the ILO informed of any difficulties encountered.

The Committee asks the Government to provide, if applicable, and as requested under Part III of the report form, information on judiciary decisions involving questions of principle relating to the application of the Convention and supply the text of these decisions.

In connection to Part IV of the report form, the Committee would be grateful if the Government would also provide any reports, extracts of reports or other periodic information concerning the work of the principal labour administration services, for instance, the Ministry of Employment and Social Welfare, the Public Employment Centres, the Tripartite National Labour Commission, the National Employment Council, the National Labour Market Authority, the Management Development and Productivity Institute or the National Advisory Committee on Labour, or any other national or local bodies involved in the formulation and implementation of labour policies or programmes.

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Reporting obligations relating to the application of the Convention. The Committee notes that the Government’s report for the period 2005–09 is virtually identical with the Government’s last report, except the additional information on training of labour administration staff. The Committee further notes the scarce information as to the renaming of the former Ministry of Manpower Development and Employment to the Ministry of Employment and Social welfare with the same structure and functions. In addition, the committee notes the adoption of Legislative Instrument LI 1833 of 31 July 2007, Part II, which gives effect to Section IV of the Labour Act, 2003 and provides for, among other things, the possibility to link jobseekers and employers through private employment agencies, whose conditions of establishment are regulated by section 3 of the new instrument. The Committee urges the Government to provide the ILO with detailed and up-to-date information on the application in law and in practice of each Article of the Convention, according to the requests in the report form of the Convention, to enable the Committee to fully appreciate the effect given of the requirements contained therein.

In its 2009 comments under the Labour Inspection Convention, 1947 (No. 81), and the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee noted the recent developments in the Labour Department and the Department of Factories and Inspectorate of the abovementioned Ministry, namely the development of human resources, an ongoing needs assessment and organizational rearrangement and the enhanced commitment of the Government to enable the departmental staff to undertake some of the training courses run by the ILO–ARLAC (African Regional Labour Administration Centre). The Committee asks the Government to provide further details on the training activities carried out during the period covered by its next report and, if applicable, to keep the ILO informed of any difficulties encountered.

The Committee asks the Government to provide, if applicable, and as requested under Part III of the report form, information on judiciary decisions involving questions of principle relating to the application of the Convention and supply the text of these decisions.

In connection to Part IV of the report form, the Committee would be grateful if the Government would also provide any reports, extracts of reports or other periodic information concerning the work of the principal labour administration services, for instance, the Ministry of Employment and Social welfare, the Public Employment Centres, the Tripartite National Labour Commission, the National Employment Council, the National Labour Market Authority, the Management Development and Productivity Institute or the National Advisory Committee on Labour, or any other national or local bodies involved in the formulation and implementation of labour policies or programmes.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comment, the Committee notes the information provided. It requests more detailed information on the following points:

Article 5 of the Convention. Please describe the roles played by the various consultative bodies, such as the National Advisory Committee on Labour, the National Tripartite Committee on Salaries and Wages Guidelines and the labour boards and advisory boards.

Article 6(2)(a), (c) and (d). Please provide additional information on how coordination of policy and implementation is effected between the different ministries in charge of national employment policy, and how the necessary services and technical advice are made available to employers and workers.

Article 7(b), (c) and (d). The Committee has noted the information provided concerning the work of the Department of Cooperatives and difficulties met with. Please supply additional information in this regard and on any efforts to extend labour administration functions (i.e. pertaining to employment, labour relations, labour standards, etc.) to the informal sector and the traditional sector.

Article 9. Please provide additional detailed information on how the Ministry of Mobilization and Social Welfare ascertains whether regional and local agencies which have been delegated labour administration functions are operating in accordance with national law and regulations and adhering to the objectives assigned to them.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the Government's first report. It notes that this report does not contain information enabling it to evaluate the extent to which the Convention is applied. It therefore requests the Government to supply, for each of the Articles of the Convention, detailed indications on the legislative provisions and administrative regulations, or on any other measures taken to apply the provisions of the Convention. Furthermore, it requests the Government to supply precise replies to the specific questions set out in the report form approved by the Governing Body.