Maternity Protection Convention (Revised), 1952 (No. 103) - Ghana (Ratification: 1986)

Individual Case (CAS) - Discussion: 2025, Publication: 113rd ILC session (2025)

Written information provided by the Government

The Government, since becoming a member of the ILO in 1957, has taken steps to ensure the rights of all workers are respected without discrimination. The Government has always lived up to its obligations and taken measures to address comments by the Committee of Experts on the Application of Conventions and Recommendations with the objective of ensuring compliance and the achievement of decent work for all. The Government, together with its social partners, has taken cognizance of the concerns raised by the Committee of Experts regarding the implementation of the following provisions in the Convention:

• 1. Article 3(2) and (3) of the Convention. Compulsory maternity leave. The Government has taken note that section 57 of the Labour Act, 2003 (Act 651) does not expressly provide for at least six weeks’ compulsory maternity leave after childbirth as required under Article 3(2) and (3) of this Convention. The Government would like to inform the Committee of Experts that it will seize the opportunity under the ongoing labour legislative review, together with the tripartite partners, to give requisite effect to Article 3(2) and (3). The Government wishes to assure the Committee of Experts of its commitment to adhere to the fundamental principles and rights at work as provided for in the Convention.
• 2. Article 3(4). Extension of maternity leave in the event of late childbirth. The Government has further noted the Committee of Experts’ comment that section 57 of Act 651 does not clearly mainstream late childbirth and that any late childbirth should be added to the prescribed maternity leave under the Act. The Government wishes to assure the Committee of Experts that it will engage with the tripartite constituents to consider the amendments of section 57 of Act 651 in the ongoing labour act review to include late childbirth and related matters. The Government will also request technical support from the ILO to assist in addressing the gaps in the current Labour Act.
• 3. Article 4(4) and (8). Cash benefits. The Government has taken note of the concerns raised in respect of cash benefits under the maternity social scheme contained in this Convention. The Government requests technical assistance to explain the dynamics of cash benefits within the context of this Convention.
• 4. Article 6. Prohibition against giving notice of dismissal during the protected period or giving notice of dismissal at such a time that the notice would expire during the protected period. The Government continues to assure the Committee of Experts of its efforts to bring the Labour Act into line with the Convention and will seize the opportunity to amend the Labour Act to reflect the prohibition against giving notice of dismissal during the protected period or giving notice of dismissal at a time that the notice would expire during the protected period. The Government requests technical assistance in this regard.
• 5. “The Committee of Experts therefore encourages the Government to envisage the possibility of ratifying the Maternity Protection Convention, 2000 (No. 183), as the most up-to-date instrument in this technical area”. The Government wishes to reiterate its commitment to protect the rights of women and considers the ratification of Convention No. 183 important. The Government wishes to express its gratitude for the opportunity to respond to the concerns of the Committee of Experts, and to request technical assistance to facilitate and improve the ongoing processes in order to bring the country’s labour laws into line with the requirements of the ILO Conventions.

Discussion by the Committee

Chairperson –I have the honour of giving the floor to the distinguished representative of the Government of Ghana, the Chief Labour Officer within the Labour Department.

Government representative – The Government of Ghana, since becoming a Member of the International Labour Organization in 1957, has taken steps to ratify ILO Conventions to ensure that the rights of workers and employers everywhere are respected without discrimination and shall not renege on its responsibility to abide by its obligations to the ILO and its tripartite partners. The Government has always taken measures to address comments and observations made by the Committee of Experts aimed at ensuring compliance and achieving decent work for all. The Government has taken cognizance of the concerns raised by the Committee of Experts regarding the implementation of provisions in the Convention.

In relation to compulsory maternity leave, the Government has noted that section 57 of the Labour Act 2003, Act 651, does not expressly provide for at least six weeks’ compulsory maternity leave after childbirth, as required under Article 3(2) and (3) of the Convention. The Government will seize the opportunity under the ongoing Labour Act review, and in consultation with the tripartite partners, to give requisite meaning to Article 3(2) and (3). The Government, therefore, requests ILO technical assistance in this regard.

On the issue of the extension of maternity leave in the event of late childbirth, the Government has further noted the Committee of Experts’ comments that section 57 of Act 651 does not provide for the extension of leave in case of late childbirth and will take the necessary measures to provide for it under the Act. Currently, female workers are entitled to maternity leave of at least 12 weeks, which is extended by an additional two weeks where confinement is abnormal or where two or more babies are born. Where an illness medically certified by a medical practitioner is due to confinement or childbirth, a female worker is entitled to leave as certified by a medical practitioner. The law also provides for nursing mothers to be able to breastfeed their babies. Female workers on maternity leave are entitled to full remuneration and other benefits without risk of losing their jobs while on maternity leave. The Labour Act is being reviewed, and maternity leave of a minimum of 14 weeks has been considered by the tripartite partners, in addition to the incidental leaves as indicated earlier. The Government wishes to assure this Committee of its commitment to the welfare of female workers and will further engage the tripartite constituents to consider the recommendations of the Committee of Experts in relation to late delivery and related matters. To this end, the Government wishes to request technical assistance to address the identified gaps.

Concerning cash benefits, the Government has taken note of the concerns raised in respect of cash benefits under the maternity social insurance scheme to be provided with public funds as contained in Articles 4(4) and 8 of the Convention. In this specific case, the Government requests technical assistance to explain the dynamics of cash benefits within the context of this Convention and how this scheme would be considered within our country’s context, given also that our national health insurance scheme and paid leave protections already cover workers on maternity leave.

On the matter of prohibition to give notice of dismissal during the protected period or to give notice of dismissal at such a time that the notice would expire during the protected period, the Government continues to assure the Committee of its commitment to the dignity and respect of female workers in Ghana and thus will seize the opportunity, in consultation with workers’ and employers’ organizations, to reflect on the prohibition to give notice of dismissal during the protected period or to give notice of dismissal at such a time that the notice would expire during the protected period. The Government again requests technical assistance in this regard.

While assuring you of its commitment to incorporating your observations under the Convention through tripartite consultations, the Government wishes to reiterate its commitment to protecting the rights of female workers and considers the ratification of the Maternity Protection Convention, 2000 (No. 183) – the most up-to-date Convention on maternity protection – important to bring on board the necessary provisions.

The Government further wishes to express its gratitude to this Committee for the opportunity to respond to the concerns raised by the Committee of Experts and to request technical assistance to facilitate and expedite the ongoing processes in Ghana to incorporate the relevant provisions into the bill before it becomes law. The Government assures the Committee of its continuous allegiance to the rights of workers and employers and will collaborate with them to respect the fundamental principles and rights at work without inhibition.

Employer members – Ghana ratified the Convention in 1986, and since then the Committee of Experts has issued nine observations on the case, most recently in 2024. This is the first time that the Committee on the Application of Standards has discussed the application of the Convention by Ghana. Since its first observations in 1999, the Committee of Experts has observed persistent shortcomings in the application of the Convention.

Before analysing the case, the Employer members would like to thank the Government for submitting relevant information to this Committee. This information is very promising, as is the commitment expressed by the Government representative with regard to compliance with obligations under the Convention.

Firstly, with respect to Article 3(2) and (3) of the Convention, on compulsory maternity leave, the Committee of Experts has noted with concern that although the Labour Act 2003 provides for at least 12 weeks’ maternity leave, it does not expressly state a compulsory leave of at least six weeks after childbirth, as required under the Convention. The Committee of Experts has requested repeatedly that section 57 of the Labour Act is amended to include that provision expressly. The Employer members welcome with satisfaction the fact that the Government has taken note of this concern and has committed to addressing the matter during its review of labour legislation in consultation with the social partners, and we note that it has requested technical assistance to that end.

Secondly, with regard to the provisions of Article 3(4) on the extension of maternity leave in the event of late childbirth, the Committee of Experts highlights that although these provisions seem to be applied in practice, there is a need to introduce a specific provision into legislation to provide for an automatic extension to prenatal leave when the childbirth takes place after the expected date and without any reduction of the compulsory period of maternity leave after childbirth. The Employer members highlight that the Government has recognized this shortcoming and provided assurances that it will adopt the necessary measures to include such a provision in the Act, and it has also requested technical assistance in this area.

Thirdly, with regard to cash benefits, we echo the concern expressed by the Committee of Experts that, although the matter has been under discussion for decades, Ghana is yet to make the transition from a system of individual employer responsibility to a system of cash benefits provided by means of compulsory maternity social insurance or out of public funds, as required under the Convention. The Employer members are of the view that this longstanding normative gap requires urgent attention. In that regard, we view with optimism the fact that the Government is considering alternatives with the social partners and that it has requested technical assistance to understand the dynamics and how to implement such a system in the country’s context. We must, however, highlight the gap of almost 40 years between the ratification of the Convention and this discussion.

Maternity protection through a social insurance system or public funds constitutes a key policy to promote women’s entry into the labour market, improves the lives of worker women, guarantees the health and nutrition of women and children and contributes to gender equality.

The Employer members also recognize maternity protection as a political instrument to address the demographic challenge of an ageing society, reducing infant mortality and slowing the decrease in the working age population and the increase in the dependency ratio.

We reiterate our request to the Government to step up its efforts in implementing the necessary legislative amendments, to ensure the transition to a social insurance system for cash benefits and to continue to engage in tripartite consultation with the country’s most representative employers’ and workers’ organizations to design effective and efficient policies that consider the particular characteristics of the country and its economic and social framework.

Moreover, with regard to Article 6 on prohibition to give notice of dismissal during the protected period or at such a time that the notice would expire during the protected period, the Committee of Experts has noted that amendments to sections 57(8) and 63(2)(e) of the Labour Act 2003 were being considered.

The Employer members regret that the Government's last report did not include information on the progress of these amendments. We echo the comments of the Committee of Experts and hope that, once adopted, these amendments will ensure that worker women are not dismissed and do not receive notice of dismissal during the protected period.

We encourage the Government to continue to request technical assistance and to work together with the country’s most representative employers’ and workers’ organizations to design a normative framework that ensures compliance with these obligations.

We believe that it is important to highlight a complication stemming from the Convention’s status. This Convention is considered an outdated instrument, and the ILO Governing Body, at its 349th Session in November 2023 and on the recommendation of the Standards Review Mechanism Tripartite Working Group, confirmed its classification as such and decided to consider placing an item concerning its possible abrogation on the agenda of the 121st Session of the International Labour Conference in 2033, that is, in eight years’ time.

It must be recalled that until its effective abrogation, the Convention is fully in force and ratifying States are required to honour the obligations assumed under it.

The Employer members therefore highlight the Government’s position insofar as it has expressed interest in ratifying the more recent Convention No. 183, which is the most up-to-date instrument in this area. We further note that the Government has expressed interest in incorporating the necessary normative provisions to align with the text of the newer Convention. We draw attention, however, to the persistent non-compliance, and we encourage the Government to redouble its efforts to achieve, as soon as possible, compliance with the Convention that it has already ratified. It is not redundant to recall that an expression of interest in ratifying a more up-to-date Convention does not automatically improve current non-compliance. The Employer members recall our view that, prior to the ratification of an instrument, countries must carry out an analysis in consultation with the social partners to identify the policies that should be promoted with a view to ensuring effective compliance with a Convention in law and in practice, bearing in mind the characteristics of their legal, institutional and productive frameworks.

We trust that the firm commitment expressed with regard to this case, and particularly with regard to the consultation being undertaken with the social partners, will translate as soon as possible into effective measures that ensure compliance with the provisions discussed here. We note that Ghana has repeatedly requested the ILO’s technical assistance in relation to the reported problems in compliance with the Convention. We do not, however, have relevant information on the specific technical assistance provided by the Office to Ghana. We encourage the Government to continue to seek the ILO’s assistance and to work in close cooperation with the social partners to develop and implement the necessary measures to ensure effective maternity protection.

Worker members – Ghana is being discussed in relation to a Convention which, although technically outdated, still provides protection to workers, and to that extent we welcome the opportunity to examine Ghana’s application of this Convention in law and practice. Ghana ratified this Convention in 1986. This case has not previously been discussed in this Committee, but the Committee of Experts has made several comments, the latest being in 2024. Let me take the issues one after the other.

The Committee of Experts has requested that Ghana amend section 57 of the Labour Act 2003 to ensure that at least six weeks of compulsory leave is granted after childbirth, as expressly required by the Convention. We will all agree that this provision is essential for protecting maternal health and ensuring time for recovery and infant care. Voluntary leave alone cannot guarantee this protection, particularly for women in vulnerable employment or under pressure to return to work early. We welcome the commitment of the Government to addressing this observation by the Committee of Experts as part of the ongoing labour law reforms. We urge it to seek ILO assistance in this regard.

Secondly, the Committee of Experts has noted that, while Ghanaian law provides for the extension of maternity leave in cases of illness, it lacks a specific provision for extensions when childbirth occurs later than expected. Clearly, the absence of this provision means that some women may lose part of their postnatal leave due to delayed deliveries. The Convention is clear that this time must not be deducted from the period following childbirth. So, again, we note the commitment of the Government to addressing the comments of the Committee of Experts on this matter.

Thirdly, one of the other concerns raised by the Committee of Experts is the issue of cash maternity benefits. The Convention provides that such benefits should be financed through compulsory social insurance or public funds. We urge the Government to seek ILO technical assistance to first understand and better appreciate the nature of its obligations in respect of this provision and to take steps to implement them with the support and guidance of the ILO.

Finally, the Committee of Experts has expressed regret over the lack of recent information from the Government regarding pending amendments to sections 57(8) and 63(2)(E) of the Labour Act. These amendments are crucial to ensure that no woman can be dismissed during maternity leave or in a way that allows the notice period to overlap with this protected time. The absence of legal certainty on this point continues to leave women vulnerable, especially in workplaces with no trade unions or collective bargaining. We therefore urge the Government to address these matters immediately and to ensure that such protection is expressly provided as part of the ongoing labour law reforms.

Employer member, Ghana – The Employers’ delegation fully supports the statement issued by the Government. This was the result of extensive consultations among the social partners following the concerns raised by the Committee of Experts regarding compliance with some of the key provisions under the Convention. The Labour Act is currently under review, as was indicated by the Government, and the changes shall be reflected in the new legislation. Currently, the social partners are in consultation on how we can ensure full compliance with Ghana’s commitments under international labour instruments, including the Convention, and the ratification of Convention No. 183. As the Government rightly indicated, it is an opportune time for us to seek technical assistance from the ILO to make sure that Ghana is fully compliant.

Worker member, Ghana – We welcome the observations of the Committee of Experts on the application of the Convention in Ghana. We acknowledge the important role of the Committee of Experts in drawing attention to the gaps in implementation. This provides important guidance for the proper application of labour law in line with ratified Conventions and also serves as an important contribution to our socio-economic development.

Equally importantly, we commend the Government for submitting its recent report to the Committee of Experts, and we wish to emphasize that this submission was the result of a tripartite process. The social partners were actively engaged in these discussions, demonstrating the spirit of good faith, mutual respect and equality of partners in the dialogue process.

Allow me to speak to the broader policy environment as it relates to the application of the Convention. Ghana is currently undergoing a labour law review, a process that has become increasingly urgent. The concerns raised by the Committee of Experts are timely and reinforce the need to accelerate this legislative process and to ensure that the revised law aligns with our international labour standards commitments.

We have emphasized at home that this review must not be a mere legal exercise; it must be an inclusive, participatory process involving the tripartite constituents and must ultimately result in a legal framework that reflects the evolving needs of Ghanaian workers, especially women and young people. We therefore urge the ILO to support this national reform process by providing technical assistance, including support for tripartite dialogue platforms, tools for gap analysis and any specific considerations for the legislative drafting of labour laws. The support of the ILO is critical if we are to ensure that our revised labour law meets both the letter and spirit of our international labour standards commitments, including the application of the most modern maternity protection Convention, No. 183, as we move away from Convention No. 103.

Let me now address the substantive concerns raised by the Committee of Experts and echoed by workers in Ghana. Ghana currently provides 12 weeks of maternity leave which may be used before or after childbirth. While flexibility is important, in some cases, in practice, it often results in inadequate recovery time for mothers post-delivery. Some women may choose or be encouraged to use more of their leave before delivery, leaving them with insufficient rest and bonding time after childbirth. Moreover, though maternity leave extension is available to women on the production of a medical certificate, the law does not especially provide for the automatic extension of maternity leave in cases of late childbirth, a situation which is not uncommon and leaves affected workers uncertain about their entitlements. We strongly recommend that, in line with current standards, the revised law establish a minimum of six weeks of compulsory postnatal leave. This will not only safeguard maternal health, but also eliminate legal ambiguity and enhance enforcement.

The question of cash benefits during maternity leave is also critical. Currently, Ghana relies on two main arrangements: healthcare covered under the national insurance scheme and the payment of wages during leave, including maternity leave, by the employer. While these mechanisms are important and must continue, the law review may explore additional income protection options, especially for mothers who may seek further extended leave, as well as vulnerable workers, especially those in the informal economy or in precarious employment who may not receive income during maternity leave or may be discouraged from taking the full leave they need.

On the issue of protection against dismissal, the current Labour Act rightly states that a woman shall not be dismissed because of her absence on maternity leave. However, as workers, we are concerned about enforcement in practice. Cases of dismissal or discrimination on grounds of pregnancy may go unreported, either because women fear retaliation or because the systems to lodge complaints are inaccessible or ineffective. Some violations escape labour inspections and remain undocumented. We therefore propose that the legal protections be strengthened in two ways: first, through clearer and stronger legal language that defines discriminatory practices and sets sanctions; and second, through the establishment of effective enforcement mechanisms, including improved labour inspections, grievance redress systems and data collection tools that can capture violations more accurately. Where collective bargaining exists, protections are safeguarded. So, encouraging and promoting the full development and utilization of the right to organize and voluntary collective bargaining will be appropriate. Furthermore, we call for education and awareness-raising campaigns targeted at employers and workers to reinforce their obligations and promote a culture of respect for maternity rights, on one hand, and assistance and its take-up, on the other.

As workers, we strongly support the ratification of Convention No. 183. We are encouraged that in our discussions at home the Government intends to table for consideration the ratification of Convention No. 183. That Convention reflects the modern realities of work and motherhood. It offers broader and more comprehensive protection for maternity than Convention No. 103, including extended leave, improved health protection, job security and protection from discrimination. To support the ratification process, we request ILO technical assistance to provide pre-ratification assessment, including legal gap analysis and alignment plans, capacity-building for social partners and support for tripartite consultations, public sensitization and implementation planning. Regardless of our capacity, we will strongly urge our Government to ratify the most modern Conventions, which will reflect the aspirations of the country for its workers and in most cases have in-built flexibilities for their progressive realization. We are also certain in this regard that we will secure post-ratification ILO technical assistance to ensure proper application of the ratified Convention.

Maternity protection is not just about individual rights. It is about social justice, gender equality and national socio-economic development. When women are protected during pregnancy and childbirth, it strengthens families, improves childhood outcomes and enhances workforce participation. Maternity protection is an investment in future generations and resilient economies and societies. We believe that no woman should have to choose between motherhood and employment, and no society should accept that childbirth leads to job loss or poverty. We affirm our commitment to workers to work with the Government and employers to advance maternity protection in Ghana. When we protect pregnant women at work, we protect the future of our society.

Government member, Norway – Maternity protection is not merely a legal obligation, it is a fundamental matter of dignity, health and equality. When women are denied adequate time to recover from childbirth or face uncertainty regarding income and job security during this critical period, the consequences extend beyond the individual, impacting children, families and society at large. We note with concern that Ghana’s current legislation does not yet guarantee a compulsory six-week period of leave after childbirth, nor does it clearly provide for an extension of leave in cases of late delivery. These are not minor technicalities. They are essential safeguards for the well-being of mothers and newborns. Every woman should have the right to rest, recover and bond with her child without fear of losing her livelihood.

Norway has long prioritized strong maternity and parental leave policies, not only because they are fair, but because they work. They support public health, promote gender equality and contribute to a more inclusive and productive workforce. At its core, maternity protection is about valuing care, supporting families and ensuring that no woman has to choose between her job and her health. These are values we all share, and they are central to the mandate of the ILO.

We take note of Ghana’s indication that it is considering steps to address the concerns raised, including possible amendments to the Labour Act. While this is a positive signal, the current legal framework does not yet fully reflect the provisions of the Convention. We encourage Ghana to continue its efforts to align its legislation with the Convention and to consider the benefits of transitioning to the more up-to-date Convention No. 183

Worker member, Eswatini – The workers of the Republic of Botswana align themselves with this statement. In its comments of 2024, the Committee of Experts, among other requests, requested the Government to amend section 57 of the Labour Act, specifically to:

• expressly establish a period of compulsory maternity leave of at least six weeks after childbirth;
• establish an extension of prenatal leave when the childbirth takes place after the expected date and without any further corresponding reduction of the compulsory period of maternity leave after childbirth.

The Committee of Experts expressed firm hope that the amendments would ensure that worker women are not dismissed or receive notice of dismissal on any grounds during the protected period or at such time that the notice would expire during the protected period. These requested amendments are in line with Article 3(2), (3) and (4) of the Convention.

The High Court of Ghana has been at the forefront of recognizing the protection of the rights of women workers guaranteed by the Convention. In the High Court case of CHRAJ v. Ghana National Fire Service and the Attorney General, the Court held in favour of two women workers whose services were terminated on the basis of pregnancy. The Court, in its findings, developed very important principles resonating well with the context of the Convention which must be considered by the social partners when reflecting on the necessary legislative reform. We note with interest the willingness of the Government and its social partners to take measures to comply with the Convention. We believe the social dialogue structures in Ghana are competent to make the necessary amendments without delay. We further urge the Government to ratify Convention No. 183, which is the latest instrument.

Worker member, Norway – I am speaking on behalf of the trade unions in the Nordic countries. The Labour Act provides for 12 weeks of maternity leave but does not expressly state a compulsory leave of 6 weeks after childbirth nor extend the leave in the event of late childbirth. At the moment, it is the responsibility of the employers to pay maternity benefits. This may disadvantage female workers, as some employers see them as a cost.

We would like to take the opportunity to share our approach as an example on the topic. Each Nordic country offers laws and benefits to ensure that parents can balance work and family life effectively. All the Nordic countries pay compensation for loss of income during the last few weeks prior to childbirth and at least the first few months afterwards. The amount paid depends on both previous income and the length of the leave. Workers are entitled to higher compensation under collective bargaining agreements, in some cases full compensation. The law is not only in compliance with the Convention, but offers better protection.

In Norway, parents are entitled to a total of 12 months of parental leave. The leave includes a mandatory period for the mother around childbirth and a dedicated quota for each parent which encourages both parents to take time off. Parental leave is funded through the national social security system. Mothers are entitled to 18 weeks of leave; a minimum of three weeks must be taken before giving birth and six weeks must be taken after the birth. After the period reserved for each parent, the remaining leave can be shared between the parents as they wish. Parental benefits in Norway are calculated based on the parent’s income, up to a certain ceiling. Parents can choose between 49 weeks of leave with full pay or 61 weeks with 80 per cent pay. There is a minimum benefit for parents with low or no income.

The trade unions in the Nordic countries strongly encourage the Government to amend the labour laws so that the period of compulsory maternity leave will be at least six weeks after childbirth. Further, we urge the Government to engage with its social partners to ensure that cash maternity benefits are guaranteed without disadvantaging the beneficiaries and in accordance with the national context and ILO guidance.

Worker member, United Kingdom of Great Britain and Northern Ireland – We note that there are several clear failures of compliance with the Convention by Ghana that would not necessarily be failures of compliance with Convention No. 183, depending on context. But it is important that, until such time that any Government moves its commitments to a more modern Convention, or until the old Convention is agreed to be obsolete by tripartite consensus, we continue to hold them to account.

There are 40 other ILO Member States that are still bound by the Convention despite the availability of the more up-to-date Convention No. 183. We hope this case will draw attention to the need to embrace the modern version as soon as possible. To reflect on our own situation for the purpose of comparison with the challenge facing Ghana, the United Kingdom has not ratified either Convention No. 103 or No. 183, though we are discussing the possibility with our new Government.

British unions are also currently in dialogue with our Government on improving our current maternity provision as part of a major consultation which we hope will have positive outcomes for working parents. Our own experience has been long in its development and has resulted in a complex, multilevel coverage of maternity pay that continues to leave some workers behind. In following the advice of the Committee of Experts, therefore, we urge the Government of Ghana to consult meaningfully with social partners and to avail itself of ILO technical assistance to ensure a good outcome for all.

This year is the 50th anniversary of the Employment Protection Act that established statutory maternity pay and employment protection for pregnant women in the United Kingdom for the very first time, the legislation being brought forward during the Social Contract period between the Government and unions of the 1970s. This introduction also coincided with a major restructuring of social insurance taxes, with national insurance becoming pay-related for the very first time and considerably higher to keep pace with the additional expenditure required.

Noting the Committee of Experts’ request that maternity pay should be paid from a social insurance fund or public funds, statutory maternity pay in the United Kingdom is now funded by national insurance contributions for both employers and employees, currently typically 8 per cent for employees and 15 per cent for employers. It is also worth noting in any comparison with other social insurance systems that most United Kingdom employers also have to contribute a minimum of 3 per cent to a typical employee’s non-state pension scheme, making the effective cost of all social insurance on United Kingdom employers around 18 per cent of average wages.

In the United Kingdom, employers have always had the responsibility of paying the statutory maternity pay through their payroll systems, as maintaining the link between the mother and the workplace is rightly seen as important. Employers can draw down from the State the equivalent of 90 per cent of the mother’s salary for the first six weeks of maternity leave. After this, it falls to £187 a week, or still 90 per cent of salary if that is lower than £187, until the end of 39 weeks.

Two thirds of United Kingdom employers use the statutory pay as a subsidy rather than the full payment and voluntarily offer some enhanced maternity pay over and above the different statutory minimums. Therefore, the majority of cash maternity benefits in the United Kingdom are made by some combination of social insurance and direct employer contribution, at least for the first few weeks. In short, moving to a new system of contributory compulsory social insurance from maternity pay often costs employees the same as making direct payments, but it does remove the incentive for employers to discriminate against younger women during recruitment. Noting that the history of examination by the Committee of Experts of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), in relation to Ghana seems to suggest a positive history of tripartite consultation, we hope that the Government can work with the social partners in finding the right way forward for Ghana, just as the Social Contract worked for the United Kingdom those 50 years ago.

Observer, Building and Wood Workers' International (BWI) – The BWI expresses serious concern over the Government’s continued failure to reform its maternity leave system in line with the provisions of the Convention. Maternity leave is a cornerstone of decent work and gender equality, and its importance is particularly pronounced in the construction sector, an industry characterized by physical labour, extended working hours and exposure to hazardous environments. For women in this sector, access to adequate, fully protected maternity leave is not merely a matter of health and safety, it is fundamentally a matter of human rights, dignity and workplace justice which impacts the health and economic security of mothers and their children, enabling women to balance their reproductive and productive roles. In the absence of such protections, women are forced to make impossible choices between economic survival and their well-being, often jeopardizing their health and that of their unborn children.

Construction work frequently involves the manual handling of heavy materials, exposure to noise, dust, chemicals and extreme weather conditions that pose elevated risks during pregnancy. In such a high-risk environment, the lack of targeted occupational health safeguards for pregnant workers underscores the critical need for accessible and fully paid maternity leave. Restricting or denying this leave not only increases the likelihood of serious health complications and workplace accidents, but also contributes to the early and often permanent exit of women from the sector, further exacerbating gender disparities in an already male-dominated industry. Ensuring maternity protection is critical to promoting the sustained participation of women in the workforce. According to recent reports, women constitute only 3 per cent of the workforce in Ghana’s construction sector. In an industry where female representation remains disproportionately low, the provisions of comprehensive maternity leave alongside guaranteed job security before, during and after pregnancy are essential for attracting, retaining and advancing women in construction. Strengthening maternity protection not only supports gender inclusivity, but also addresses one of the sector’s pressing challenges: a persistent shortage of skilled labour.

The BWI emphasizes that maternity protection is not a privilege, but a right embedded in international labour standards. In this regard, the BWI strongly supports the ratification of Convention No. 183 as the most up-to-date instrument in the field. In line with the recommendations of the Committee of Experts, the BWI encourages the Government to take all necessary steps towards the ratification of Convention No. 183, thereby strengthening legal protections for working women and aligning national legislation with contemporary international standards.

Government representative – The Government of Ghana appreciates the opportunity to clarify its position on the issues raised by the Committee of Experts regarding some provisions of Convention No. 103. We are grateful to all delegates for the quality and wealth of information shared on the matter. The Government wishes to assure this Committee of its unwavering commitment to upholding the rights of workers, especially working women, in law and practice. In the spirit of tripartism, the Government will engage the tripartite partners at the national level to consider the recommendations of the Committee of Experts, bearing in mind the inputs from various delegates, while considering the ratification of Convention No. 183. In conclusion, I would like to re-emphasize the Government’s request for the ILO’s technical assistance to effectively incorporate the recommendations of the Committee of Experts into law for implementation by all parties

Worker members – We want to encourage the Government of Ghana to formally request technical assistance from the ILO. This support will be critical in reviewing the Labour Act in line with the Convention but, more importantly, in ratifying the more modern Convention on maternity protection, which is Convention No. 183.

Specifically, we urge the Government:

• to amend section 57 of the Labour Act to expressly include a mandatory six-week maternity leave period after childbirth;
• to expressly provide for an automatic extension of leave in the event of late childbirth;
• to transition from employer liability to a compulsory social insurance scheme for financing maternity cash benefits, in line with Article 4 of the Convention;
• to amend legislation to ensure protection against dismissal during maternity leave and during the protected period;
• to seek ILO technical assistance to support legislative reform, financing analysis and capacity-building;
• to initiate national consultations on the ratification of Convention No. 183 with support from the ILO.

These steps will not only bring Ghana into full compliance with the Convention, but also demonstrate leadership in promoting the rights of working women and advancing social protection. We look forward to meaningful progress by the next reporting cycle.

Employer members – In our final observations on this case, we would like once again to thank the Government for the additional information provided to this Committee and repeat that we find it to be promising and that we welcome with satisfaction the firm commitment expressed by the Government to meeting its obligations. We also thank all delegates for their participation and contributions.

Given the complexity of the situation and the persistent gaps in compliance with the Convention, we reiterate our concern at this case. Once again, we recall that although the Convention is considered an outdated instrument and its abrogation is planned for 2033, it will remain in force until then, and ratifying States must honour their obligations. We therefore believe that this case illustrates that abrogations planned so far in advance are unsuitable for the standards supervisory system. A closer date would give us more certainty and would function as a clear incentive for the ratification of more up-to-date Conventions by countries that have yet to do so.

The Employer members call on the Government to:

• intensify its efforts with the aim of ensuring that the Labour Act 2003 is amended to expressly establish a period of compulsory maternity leave of at least six weeks after childbirth, as required by Article 3(2) and (3) of the Convention;
• include a specific provision in legislation for the automatic extension of prenatal leave when the childbirth takes place after the expected date, without any reduction of the compulsory period of maternity leave after childbirth, in accordance with Article 3(4);
• transition to the provision of cash benefits through a compulsory maternity social insurance system or out of public funds, doing away with the system of individual employer responsibility, as required by Article 4(4) and (8) of the Convention;
• ensure that worker women are not dismissed or receive notice of dismissal during the protected period or at such a time that the notice would expire during the protected period, amending sections 57(8) and 63(2)(e) of the Labour Act 2003, in accordance with Article 6 of the Convention;
• continue to undertake tripartite consultation with the country’s most representative employers’ and workers’ organizations to design and implement the necessary policies to comply with the provisions of the Convention, bearing in mind the particular circumstances of the country, and provide information on the measures adopted and the experience gained during their implementation in the country.

We note the Government’s repeated requests for ILO technical assistance with regard to the reported problems in compliance with the Convention, and we encourage the Government to continue to seek the ILO’s assistance and to work in close cooperation with the social partners to make progress towards adopting the necessary measures to ensure compliance with the Convention.

We welcome with satisfaction the fact that the Government is considering ratifying Convention No. 183, the most up-to-date instrument in this technical area, and that it deems it important to incorporate the necessary provisions to comply with the obligations assumed under both Conventions Nos103 and 183.

The Employer members reiterate our view that, prior to the ratification of an instrument, countries should carry out an analysis in consultation with the social partners to identify the amendments that should be promoted with a view to ensuring effective compliance with a Convention in law and in practice, bearing in mind the characteristics of their legal, institutional and productive frameworks.

We trust that the firm commitment expressed with regard to this case, and particularly with regard to the consultation being undertaken with the social partners, will translate as soon as possible into effective measures that ensure compliance with the maternity protection provisions discussed here.

Conclusions of the Committee

The Committee took note of the oral and written information provided by the Government and the discussion that followed.

The Committee welcomed the efforts by the Government to meet its obligations under the Convention while noting the persistent gaps in implementing the Convention.

Taking the discussion into account, the Committee requested the Government to take, in consultation with the social partners, effective and time-bound measures to:

• initiate legislative measures, including to amend or review the Labour Act and the Employment Act, with regard to (i) mandatory maternal leave, (ii) automatic extension of prenatal leave, (iii) a compulsory social insurance scheme, and (iv) prohibition of dismissal during the protected period, considering recommendations of the ILO supervisory bodies, to guarantee the full compliance of national law and practice with the Convention;
• develop policies necessary to comply with the provisions of the Convention;
• ensure the transition to a maternity social insurance scheme or public funding for cash benefits in line with the Convention.

Taking note of the Government’s request for technical assistance, the Committee invited the Government to follow up on this request with the Office in order to address these recommendations.

The Committee requested the Government to, in consultation with social partners, provide detailed and complete information on measures taken and progress made on all of the above issues in its next report to the Committee of Experts.

Chairperson –I invite the distinguished representative of the Government of Ghana to take the floor.

Government representative – The Government has taken note of the conclusions as adopted by this Committee. The Government shall work in concert with its social partners to give effect to the recommendations utilizing technical assistance from the ILO. The Government wishes to assure the Committee of its unwavering commitment to the rights of female workers. We shall continuously work with our social partners to ensure that the recommendations are realized.

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

Article 4, paragraph 3, of the Convention. Medical benefits. The Committee takes due note of the Government’s indication relating to the nature of the free medical care provided by the National Health Insurance Scheme, which, in the case of maternity, includes prenatal and postnatal care, confinement, caesarean section and hospitalization, as well as obstetric and gynaecological emergencies. The Committee requests the Governmentto provide statistical information on the number of women covered.

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

Article 3(2) and (3) of the Convention. Compulsory maternity leave. The Committee takes note that, according to the Government’s report, the Labour Act of 2003 provides for at least twelve weeks of maternity leave, but it does not expressly state a compulsory leave of six weeks after childbirth. The Committee recalls that the Convention requires a compulsory maternity leave of at least six weeks after childbirth, including in cases where maternity leave begins more than six weeks before the date of childbirth. The Committee therefore requests the Government to ensure that section 57 of the Labour Act of 2003 is amended to expressly establish a period of compulsory maternity leave of at least six weeks after childbirth.

Article 3(4). Extension of maternity leave in the event of late childbirth. The Committee takes note that, according to the Government, extensions of maternity leave are provided in section 57(4) and (5), for the case of illness, medically certified, due to pregnancy or confinement. It also takes note of the Government’s indication that no extension is provided in case of late childbirth, but that it could be given upon the presentation of a certified report from a medical practitioner. The Committee wishes to recall that even if the extension seems to be applied in practice, it would be necessary in such case to introduce a specific provision into the legislation in force, so as to leave no doubt as regards the position in law, which according to the Convention should provide with an automatic extension without further requirements. In this context, the Committee once again requests the Government to take the necessary measures to include a specific provision in section 57, establishing an extension of prenatal leave when the childbirth takes place after the expected date, and without any corresponding reduction of the compulsory period of maternity leave after childbirth.

Article 4(4) and (8). Cash benefits. The Committee takes note that the Government and the social partners are considering other plausible alternatives in dealing with cash benefits. The Committee recalls that maternity cash benefits during maternity leave must be provided by means of compulsory social insurance or public funds, in line with Article 4(4) of the Convention. With the aim of shifting from the current employer liability scheme to a maternity social insurance scheme, the Committee requests once again the Government to take the necessary measures to ensure that cash maternity benefits are only provided by means of compulsory social insurance or out of public funds.

Article 6. Prohibition to give notice of dismissal during the protected period or to give notice of dismissal at such a time that the notice would expire during the protected period. In its previous comments, the Committee took note of the Government’s indication that amendments of sections 57(8) and 63(2)(e) of the Labour Act of 2003 were being considered. The Committee notes with regret the lack of information in the Government’s report on the progress that has been made in this regard. The Committee expresses the firm hope that the amendments will ensure that worker women are not dismissed or receive notice of dismissal on any grounds during the protected period, or at such time that the notice would expire during the protected period and requests the Government to provide information on the progress made in this respect.

The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

The Committee recalls that the Governing Body of the ILO, at its 349th Session (October–November 2023), upon the recommendation of the Tripartite Working Group of the Standards Review Mechanism, confirmed the classification of Convention No. 103 as an outdated instrument, and decided on the preliminary inclusion of an item for its possible abrogation on the agenda of the 121st Session (2033) of the International Labour Conference.

The Governing Body requested the Office to adopt follow-up measures to actively encourage the ratification of the Maternity Protection Convention, 2000 (No. 183), as the most up-to-date instrument on maternity protection in Member States in which Convention No. 103 is currently in force. The Committee therefore encourages the Government to envisage the possibility of ratifying Convention No. 183 as the most up-to-date instrument in this technical area.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 4(3) of the Convention. Medical benefits. The Committee notes the Government’s indication that the costs of medical benefits are borne by the National Health Insurance Scheme (NHIS). The Committee requests the Government to explain the nature of the free medical care provided by the NHIS, indicating in particular whether hospitalization is included, and to provide statistics on the number of women covered.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3(2) and (3) of the Convention. Compulsory maternity leave. In its previous comment, the Committee asked the Government to ensure that the Labour Act of 2003 provided for a period of compulsory leave of at least six weeks following childbirth, pursuant to Article 3(3) of the Convention. The Government indicates in its report that section 57 of this Act provides for 12 weeks of maternity leave, the whole period of which is compulsory. The Committee recalls that the Act should provide specifically for compulsory maternity leave of six weeks after childbirth, including in cases where maternity leave begins more than six weeks before the date of childbirth. Please specify the legal provision which expressly establishes a period of compulsory leave after childbirth of at least six weeks pursuant to Article 3(3).

Article 3(4). Extension of maternity leave in the event of late childbirth. The Committee notes the Government’s reference to the possibility of extending maternity leave in the event of multiple births or illness as a result of childbirth, but not to the possibility of extending leave in the event of late childbirth. The Committee therefore once again requests the Government to take the necessary measures to include in section 57 of the Labour Act a provision establishing an extension of prenatal leave until the actual date of childbirth when the birth takes place after the expected date without any corresponding reduction of the period of compulsory maternity leave.

Article 4(4) and (8). Cash benefits. In its previous comment, the Committee requested the Government to take measures to ensure, in the Labour Act of 2003, that cash maternity benefits are provided by means of compulsory social insurance or out of public funds and not paid by the employers in the public and private sectors. As the Government’s report does not provide any information in this respect, the Committee once again requests the Government to take measures in order to ensure that cash maternity benefits are provided by means of compulsory social insurance or out of public funds.

Article 6. Prohibition to give notice of dismissal during the protected period or to give notice of dismissal at such a time that the notice would expire during the protected period. The Committee notes the Government’s indication that the Committee’s concerns regarding the amendment of sections 57(8) and 63(2)(c) of the Labour Act are being considered. The Committee hopes that these provisions will be amended shortly in order to prohibit notification of dismissal during the protected period or at such a time that the notice would expire during the protected period.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

The Committee notes that there has been no change in legislation or administrative regulations regarding the application of the Convention, but that the Government has communicated the concerns raised by the Committee in its previous observation to the sector minister for consideration and possible amendment of the law. The Committee expects the Government to take measures on the following points.

Article 3(2) and (3) of the Convention (compulsory leave). To specify a period of compulsory leave of at least six weeks following confinement in the Labour Act.

Article 3(4) (extended prenatal leave). To include a provision establishing an extension of the prenatal leave until the actual date of confinement when the confinement takes place after the expected date in the Labour Act.

Article 4(3), (4) and (8) (cash and medical benefits). To ensure that cash maternity benefits are provided by means of compulsory social insurance or out of public funds and not paid by the employers in the public and private sectors.

In this respect, the Committee notes with interest the information received from the Government on the Special Fund within the National Health Insurance Scheme (NHIS), which provides for free medical care before, during and after confinement for every pregnant woman, both in the formal and informal sector of the economy and irrespective of membership of the NHIS. The Committee asks the Government to inform the Committee in its next report about the implementing regulation of the Special Fund and the National Health Insurance Act, 2003 (No. 650), and to indicate whether they will shift liability for the costs of medical benefits from employers to a public fund or compulsory social insurance scheme, in conformity with the Convention.

Article 6 (prohibition of dismissal). The Committee notes that section 57(8) of the Labour Act provides that an employer cannot dismiss a woman worker because of her absence from work on maternity leave and that section 63(2)(e) further provides that employment is terminated unfairly if the only reason for termination is the pregnancy of the worker or the absence from work during maternity leave. In contrast, the Convention does not allow notice of dismissal to be made on any ground during the protected period when a woman is absent from work on maternity leave, nor at such time that the notice would expire during such absence. The Committee invites the Government to consider amending sections 57(8) and 63(2)(c) of the Labour Act to bring it into conformity with this Article of the Convention.

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

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

With reference to its previous comments, the Committee notes that there has been no change in legislation or administrative regulations regarding the application of the Convention, but that the Government has communicated the concerns raised by the Committee in its previous observation to the sector minister for consideration and possible amendment of the law. The Committee expects the Government to take measures on the following points.

Article 3, paragraphs 2 and 3, of the Convention (compulsory leave). To specify a period of compulsory leave of at least six weeks following confinement in the Labour Act.

Article 3, paragraph 4 (extended prenatal leave). To include a provision establishing an extension of the prenatal leave until the actual date of confinement when the confinement takes place after the expected date in the Labour Act.

Article 4, paragraphs 3, 4 and 8 (cash and medical benefits). To ensure that cash maternity benefits are provided by means of compulsory social insurance or out of public funds and not paid by the employers in the public and private sectors.

In this respect, the Committee notes with interest the information received from the Government on the Special Fund within the National Health Insurance Scheme (NHIS), which provides for free medical care before, during and after confinement for every pregnant woman, both in the formal and informal sector of the economy and irrespective of membership of the NHIS. The Committee asks the Government to inform the Committee in its next report about the implementing regulation of the Special Fund and the National Health Insurance Act, 2003 (No. 650), and to indicate whether they will shift liability for the costs of medical benefits from employers to a public fund or compulsory social insurance scheme, in conformity with the Convention.

Article 6 (prohibition of dismissal). The Committee notes that section 57(8) of the Labour Act provides that an employer cannot dismiss a woman worker because of her absence from work on maternity leave and that section 63(2)(e) further provides that employment is terminated unfairly if the only reason for termination is the pregnancy of the worker or the absence from work during maternity leave. In contrast, the Convention does not allow notice of dismissal to be made on any ground during the protected period when a woman is absent from work on maternity leave, nor at such time that the notice would expire during such absence. The Committee invites the Government to consider amending sections 57(8) and 63(2)(c) of the Labour Act to bring it into conformity with this Article of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Referring to its observation, the Committee requests the Government to provide complementary information on the following points.

Article 1 of the Convention. The Committee notes that it follows from section 75 of the Labour Act that temporary workers, i.e. workers employed by the same employer for a continuous period of less than six months, do not seem to benefit from the provisions of this Act in respect of maternity protection. It would be grateful if the Government would specify in its next report how it ensures the protection granted by the Convention to temporary workers.

Article 3, paragraphs 2 and 3. The Committee notes that, according to section 57(1) of the Labour Act, a woman worker, on production of a medical certificate indicating the expected date of her confinement, is entitled to a period of maternity leave of at least 12 weeks in addition to any period of annual leave. It would be grateful if the Government would specify in its next report the provisions of national laws or regulations providing for a period of compulsory leave of at least six weeks following confinement in conformity with these provisions of the Convention.

Article 4, paragraphs 3 and 8. The Committee notes the information supplied by the Government stating that the employers reimburse to the workers the expenses incurred by medical treatment. The Committee also understands that, in 2003, the National Health Insurance Act (No. 560) was adopted. While it recalls that the Convention prohibits that employers be held individually liable for the cost of medical benefits, the Committee would be grateful if the Government would communicate with its next report detailed information on the impact of this newly adopted legislation on the application of the Convention, as well as the types of medical benefits granted to women workers before, during and after confinement.

Part V of the report form. The Committee notes that certain documents mentioned in the Government’s report have not been received by the Office (collective bargaining agreements of certain industrial organizations, as well as an annual report on the labour inspections conducted) and would be grateful if the Government would communicate these documents along with other relevant documents with its next report.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its report. It notes in particular the adoption in 2003 of the new Labour Act (No. 651) and wishes to draw the Government’s attention to the following points.

Article 1, paragraph 3(h), of the Convention. The Committee notes with interest that, contrary to the previously applicable Labour Decree, the newly adopted Labour Act does not exclude domestic workers from its scope of application.

Article 3, paragraph 4. The Committee regrets to note that the Government did not insert, as it had stated, a provision in the new Labour Act establishing an extension of the prenatal maternity leave until the actual date of confinement when confinement takes place after the expected date. It therefore once again requests the Government to take the necessary steps to include in the provisions of national laws or regulations a provision in this regard.

Article 4, paragraphs 4 and 8. The Committee notes that, according to section 57(2) of the Labour Act, a woman worker on maternity leave is entitled to be paid her full remuneration and other benefits to which she is otherwise entitled. The Government indicates that employers from the public and the private sectors pay their full remuneration to women workers on maternity leave. The Committee wishes to recall in this respect that, as it has been emphasized for a number of years, maternity benefits shall be provided either by means of compulsory social insurance or by means of public funds and that, in no case, the employer can be individually liable for the cost of such benefits due to women employed by him. The Committee consequently regrets that the Government has not taken the opportunity of the adoption of the new Labour Act to bring the national legislation into conformity with the Convention and hopes that it will indicate in its next report the measures taken or envisaged in this respect.

Article 6. The Committee notes that, in accordance with section 57(8) of the Labour Act, an employer cannot dismiss a woman worker because of her absence from work on maternity leave and that section 63(2)(e) further provides that, in the case of a woman worker, employment is terminated unfairly if the only reason for the termination is the pregnancy of the worker or the absence from work during maternity leave. It also notes that, by virtue of section 63(4) of the above Act, the burden of proving that the reasons for dismissal are fair rests on the employer.

In this respect, the Committee wishes to recall that this provision of the Convention stipulates that a woman absent from work on maternity leave cannot be dismissed or given notice of dismissal during such absence and that it does not allow dismissal to be made on any ground during the protected period. The Committee therefore requests the Government to examine the possiblity of amending the Labour Act to bring it into conformity with Article 6 of the Convention.

It also wishes to draw the Government’s attention to the possibility to ratify Convention No. 183 on maternity protection of 2000, which prohibits dismissal only for reasons related to pregnancy or birth of the child and its consequences or nursing.

The Committee is raising certain other issues in a request directly addressed to the Government.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the information supplied by the Government in its report on the application of the Convention. Referring to the Committee’s previous observations, the Government states that the points raised therein have been well noted and appropriate amendments included in the new Labour Code, which is currently before the National Parliament for enactment into law, after having been prepared by a technical tripartite committee. The Committee therefore expresses the hope that the new Labour Code will be adopted in the very near future and will ensure that the national legislation gives full effect to Article 1, paragraph 3(h) (application of the Convention to women engaged in domestic work for wages in private households), Article 3, paragraph 4 (extension of the prenatal leave when confinement takes place after the presumed date), Article 3, paragraphs 5 and 6 (additional leave before and after confinement in case of illness, medically certified arising out of pregnancy or confinement), Article 4, paragraphs 1 and 3 (entitlement to medical benefits while absent from work on maternity leave) and Article 4, paragraphs 4-8 (provision of cash and medical benefits by means of compulsory social insurance or from public funds, prohibition to hold the employer individually liable for the cost of such benefits). The Committee requests the Government to supply a copy of the new legislation once it has been adopted, so that it may examine its conformity with the Convention.

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

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information supplied by the Government in its report on the application of the Convention. Referring to the Committee’s previous observations, the Government states that the points raised therein have been well noted and appropriate amendments included in the new Labour Code, which is currently before the National Parliament for enactment into law, after having been prepared by a technical tripartite committee. The Committee therefore expresses the hope that the new Labour Code will be adopted in the very near future and will ensure that the national legislation gives full effect to Article 1, paragraph 3(h) (application of the Convention to women engaged in domestic work for wages in private households), Article 3, paragraph 4 (extension of the prenatal leave when confinement takes place after the presumed date), Article 3, paragraphs 5 and 6 (additional leave before and after confinement in case of illness, medically certified arising out of pregnancy or confinement), Article 4, paragraphs 1 and 3 (entitlement to medical benefits while absent from work on maternity leave) and Article 4, paragraphs 4-8 (provision of cash and medical benefits by means of compulsory social insurance or from public funds, prohibition to hold the employer individually liable for the cost of such benefits). The Committee requests the Government to supply a copy of the new legislation once it has been adopted, so that it may examine its conformity with the Convention.

[The Government is asked to report in detail in 2004.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the information communicated by the Government in its latest report and of the pertinent extracts of certain collective agreements signed in the private sector. Further to its previous comments, the Committee notes that the Government refers once again to the process of codifying the country’s labour laws. The codification exercise involves the amendment of several standards and changes in practice. A draft labour bill has already been discussed by a tripartite forum taking into account all the comments made by the Committee of Experts as well as current developments on the international labour front. The outcome of the issue of codification and the harmonization of domestic legislation with international instruments will be communicated in due course. The Committee trusts that the Government will not fail to take all the necessary measures to complete the legislative amendments announced and that, in so doing, the following comments will be borne in mind.

Article 1, paragraph 3(h), of the Convention. The Committee recalls that by virtue of section 74 of the Labour Decree and the definition of the term "worker" given in it, domestic workers are excluded from the maternity protection guaranteed by Part V of the Decree. The Committee draws the Government’s attention once again to the need to amend the aforementioned provision of national legislation in order to give women engaged in domestic work for wages in private households the protection guaranteed under the Convention.

Article 3, paragraph 4. The Committee recalls that when confinement takes place after the presumed date, legislation does not specifically provide for extending the prenatal leave until the actual date of confinement.

Article 3, paragraphs 5 and 6. In its previous reports, the Government indicated that in practice any absence certified by a registered physician as resulting from illness caused by pregnancy or confinement is considered as sick leave. The Committee nevertheless stated that the relevant provisions of legislation (General Order of 1951) and collective agreements did not in themselves guarantee in all cases extension of maternity leave in the event of illness arising out of pregnancy or confinement. The Committee therefore hopes that the Government will take the necessary measures in order to introduce a provision in legislation in order to give full effect to Article 3, paragraphs 5 and 6, of the Convention.

Article 4, paragraphs 1 and 3. The Committee recalls that there is no provision in national legislation concerning entitlement to medical benefits. It trusts that the Government will take the necessary legislative measures in order to ensure that all women workers covered by the Convention are entitled to medical benefits in accordance with these provisions of the Convention.

Article 4, paragraphs 4 to 8. In reply to the Committee’s previous comments, the Government indicates that the matters dealt with by Article 4, paragraphs 4 to 8, of the Convention are still under discussion. While being aware of the difficulties encountered by the Government in this regard, the Committee hopes that measures will be adopted giving full effect to these provisions of the Convention which stipulate in particular that cash and medical maternity benefits shall be provided either by means of compulsory social insurance or from public funds, and that in no case shall the employer be held individually liable for the cost of such benefits.

2. Article 4, paragraph 2. Further to its previous comments, the Committee notes with interest that the extracts of the three collective agreements supplied by the Government show that during maternity leave women workers covered by these agreements continue to receive their wages in full. It requests the Government to continue to supply copies of any other collective agreements concluded in the private sector which contain provisions in this regard. The Committee also requests the Government to supply a copy of the public service administrative instructions concerning payment of remuneration during maternity leave.

3. The Committee wishes to draw the Government’s attention to the possibility of receiving technical assistance from the International Labour Office.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received for the third consecutive time. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its comments, which read as follows:

1. Article 1, paragraph 3(h), of the Convention (Scope). The Committee notes that the Government reiterates its intention, already expressed in the previous report, to put before the tripartite National Advisory Committee on Labour the question of the possible amendment of the definition of the term "worker" under section 74 of the Labour Decree. It therefore hopes that the Government will take the necessary measures in the near future in order to ensure full conformity of the national legislation with this provision of the Convention, by guaranteeing maternity protection to women engaged in domestic work for wages in private households.

2. Article 3, paragraph 4 (Duration of maternity leave). The Government states that steps would be taken to apply fully this provision. The Committee therefore hopes that the Government would be able to include in due time in the legislation a specific provision to extend the prenatal leave by any period elapsing between the presumed date of confinement and the actual date of confinement.

3. Article 3, paragraphs 5 and 6 (Extension of leave in case of illness arising out of pregnancy or confinement). In reply to the Committee's previous comments, the Government indicates that granting of sick leave to government employees is regulated by the General Orders 1951 edition (in particular, by sections 733, 737 and Appendix 25c) and to non-government employees by the relevant collective bargaining agreements. The Committee notes, however, that such provisions appear insufficient to ensure in all cases, in particular as far as women with less than five years' continuous service are concerned, additional leave in the case of illness arising out of pregnancy or confinement. The Committee hopes, therefore, that the Government will take the necessary measures in order to introduce a provision in the legislation giving expressly effect to Article 3, paragraphs 5 and 6, of the Convention.

4. Article 4, paragraphs 1 and 3 (Medical benefits). Further to its previous comments, the Committee notes that the question of medical benefit is still being studied by the Government. Recalling that there is no provision in the national legislation concerning entitlement to medical benefits, the Committee once again expresses the hope that the Government will take the necessary legislative measures in order to ensure that all women workers covered by the Convention be entitled to medical benefits in accordance with this provision of the Convention.

5. Article 4, paragraph 2 (Rates of cash benefits). Further to its previous comments, the Committee notes with interest that article 26(c) of the collective agreement between the Public Services Workers' Union and the Management of the Volta River Authority, effective from 1 September 1975, provides for the payment to a woman worker during maternity leave of her basic wages or salary in full. The Committee would be glad if the Government would supply extracts of other recently concluded collective agreements in the private sector which contain similar provisions. The Committee also asks the Government to supply a copy of the administrative instructions in the civil service on paid remuneration in respect of maternity leave, which apparently was not attached to the Government's report (see also under point 6 below).

6. Article 4, paragraphs 4, 5, 6, 7 and 8. In reply to the Committee's previous comments, the Government indicates that the matters dealt with by these provisions of the Convention are still under discussion. While being aware of the difficulties encountered by the Government in this regard, the Committee hopes that the Government will be able in future to adopt measures giving full effect to these provisions of the Convention, which stipulate in particular that cash and medical benefits shall be provided either by means of compulsory social insurance or by means of public funds, and that in no case shall the employer be individually liable for the cost of such benefits.

The Committee hopes that the Government will indicate in its next report any progress made to fully meet the requirements of the Convention in the light of the abovementioned comments. In this respect, it once again ventures to draw the Government's attention to the possibility of having recourse to the technical cooperation of the International Labour Office.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1, paragraph 3(h), of the Convention (Scope). The Committee notes that the Government reiterates its intention, already expressed in the previous report, to put before the tripartite National Advisory Committee on Labour the question of the possible amendment of the definition of the term "worker" under section 74 of the Labour Decree. It therefore hopes that the Government will take the necessary measures in the near future in order to ensure full conformity of the national legislation with this provision of the Convention, by guaranteeing maternity protection to women engaged in domestic work for wages in private households.

2. Article 3, paragraph 4 (Duration of maternity leave). The Government states that steps would be taken to apply fully this provision. The Committee therefore hopes that the Government would be able to include in due time in the legislation a specific provision to extend the prenatal leave by any period elapsing between the presumed date of confinement and the actual date of confinement.

3. Article 3, paragraphs 5 and 6 (Extension of leave in case of illness arising out of pregnancy or confinement). In reply to the Committee's previous comments, the Government indicates that granting of sick leave to government employees is regulated by the General Orders 1951 edition (in particular, by sections 733, 737 and Appendix 25c) and to non-government employees by the relevant collective bargaining agreements. The Committee notes, however, that such provisions appear insufficient to ensure in all cases, in particular as far as women with less than five years' continuous service are concerned, additional leave in the case of illness arising out of pregnancy or confinement. The Committee hopes, therefore, that the Government will take the necessary measures in order to introduce a provision in the legislation giving expressly effect to Article 3, paragraphs 5 and 6, of the Convention.

4. Article 4, paragraphs 1 and 3 (Medical benefits). Further to its previous comments, the Committee notes that the question of medical benefit is still being studied by the Government. Recalling that there is no provision in the national legislation concerning entitlement to medical benefits, the Committee once again expresses the hope that the Government will take the necessary legislative measures in order to ensure that all women workers covered by the Convention be entitled to medical benefits in accordance with this provision of the Convention.

5. Article 4, paragraph 2 (Rates of cash benefits). Further to its previous comments, the Committee notes with interest that article 26(c) of the collective agreement between the Public Services Workers' Union and the Management of the Volta River Authority, effective from 1 September 1975, provides for the payment to a woman worker during maternity leave of her basic wages or salary in full. The Committee would be glad if the Government would supply extracts of other recently concluded collective agreements in the private sector which contain similar provisions. The Committee also asks the Government to supply a copy of the administrative instructions in the civil service on paid remuneration in respect of maternity leave, which apparently was not attached to the Government's report (see also under point 6 below).

6. Article 4, paragraphs 4, 5, 6, 7 and 8. In reply to the Committee's previous comments, the Government indicates that the matters dealt with by these provisions of the Convention are still under discussion. While being aware of the difficulties encountered by the Government in this regard, the Committee hopes that the Government will be able in future to adopt measures giving full effect to these provisions of the Convention, which stipulate in particular that cash and medical benefits shall be provided either by means of compulsory social insurance or by means of public funds, and that in no case shall the employer be individually liable for the cost of such benefits.

The Committee hopes that the Government will indicate in its next report any progress made to fully meet the requirements of the Convention in the light of the above-mentioned comments. In this respect, it once again ventures to draw the Government's attention to the possibility of having recourse to the technical cooperation of the International Labour Office.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1, paragraph 3(h), of the Convention (Scope). The Committee notes that the Government reiterates its intention, already expressed in the previous report, to put before the tripartite National Advisory Committee on Labour the question of the possible amendment of the definition of the term "worker" under section 74 of the Labour Decree. It therefore hopes that the Government will take the necessary measures in the near future in order to ensure full conformity of the national legislation with this provision of the Convention, by guaranteeing maternity protection to women engaged in domestic work for wages in private households.

2. Article 3, paragraph 4 (Duration of maternity leave). The Government states that steps would be taken to apply fully this provision. The Committee therefore hopes that the Government would be able to include in due time in the legislation a specific provision to extend the prenatal leave by any period elapsing between the presumed date of confinement and the actual date of confinement.

3. Article 3, paragraphs 5 and 6 (Extension of leave in case of illness arising out of pregnancy or confinement). In reply to the Committee's previous comments, the Government indicates that granting of sick leave to government employees is regulated by the General Orders 1951 edition (in particular, by sections 733, 737 and Appendix 25c) and to non-government employees by the relevant collective bargaining agreements. The Committee notes, however, that such provisions appear insufficient to ensure in all cases, in particular as far as women with less than five years' continuous service are concerned, additional leave in the case of illness arising out of pregnancy or confinement. The Committee hopes, therefore, that the Government will take the necessary measures in order to introduce a provision in the legislation giving expressly effect to Article 3, paragraphs 5 and 6, of the Convention.

4. Article 4, paragraphs 1 and 3 (Medical benefits). Further to its previous comments, the Committee notes that the question of medical benefit is still being studied by the Government. Recalling that there is no provision in the national legislation concerning entitlement to medical benefits, the Committee once again expresses the hope that the Government will take the necessary legislative measures in order to ensure that all women workers covered by the Convention be entitled to medical benefits in accordance with this provision of the Convention.

5. Article 4, paragraph 2 (Rates of cash benefits). Further to its previous comments, the Committee notes with interest that article 26(c) of the collective agreement between the Public Services Workers' Union and the Management of the Volta River Authority, effective from 1 September 1975, provides for the payment to a woman worker during maternity leave of her basic wages or salary in full. The Committee would be glad if the Government would supply extracts of other recently concluded collective agreements in the private sector which contain similar provisions. The Committee also asks the Government to supply a copy of the administrative instructions in the civil service on paid remuneration in respect of maternity leave, which apparently was not attached to the Government's report (see also under point 6 below).

6. Article 4, paragraphs 4, 5, 6, 7 and 8. In reply to the Committee's previous comments, the Government indicates that the matters dealt with by these provisions of the Convention are still under discussion. While being aware of the difficulties encountered by the Government in this regard, the Committee hopes that the Government will be able in future to adopt measures giving full effect to these provisions of the Convention, which stipulate in particular that cash and medical benefits shall be provided either by means of compulsory social insurance or by means of public funds, and that in no case shall the employer be individually liable for the cost of such benefits.

The Committee hopes that the Government will indicate in its next report any progress made to fully meet the requirements of the Convention in the light of the above-mentioned comments. In this respect, it once again ventures to draw the Government's attention to the possibility of having recourse to the technical cooperation of the International Labour Office.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous comments, the Committee notes from the Government's report that there has been no change in the legislation and practice regarding the application of the Convention, but that the issues raised by the Committee are receiving attention from the Government. The Committee once again expresses the hope that appropriate measures will be taken soon to ensure full application of the following Articles of the Convention.

1. Article 1, paragraph 3(h), of the Convention (Scope). The Committee notes that the Government reiterates its intention, already expressed in the previous report, to put before the tripartite National Advisory Committee on Labour the question of the possible amendment of the definition of the term "worker" under section 74 of the Labour Decree. It therefore hopes that the Government will take the necessary measures in the near future in order to ensure full conformity of the national legislation with this provision of the Convention, by guaranteeing maternity protection to women engaged in domestic work for wages in private households.

2. Article 3, paragraph 4 (Duration of maternity leave). The Government states that steps would be taken to apply fully this provision. The Committee therefore hopes that the Government would be able to include in due time in the legislation a specific provision to extend the prenatal leave by any period elapsing between the presumed date of confinement and the actual date of confinement.

3. Article 3, paragraphs 5 and 6 (Extension of leave in case of illness arising out of pregnancy or confinement). In reply to the Committee's previous comments, the Government indicates that granting of sick leave to government employees is regulated by the General Orders 1951 edition (in particular, by sections 733, 737 and Appendix 25c) and to non-government employees by the relevant collective bargaining agreements. The Committee notes, however, that such provisions appear insufficient to ensure in all cases, in particular as far as women with less than five years' continuous service are concerned, additional leave in the case of illness arising out of pregnancy or confinement. The Committee hopes, therefore, that the Government will take the necessary measures in order to introduce a provision in the legislation giving expressly effect to Article 3, paragraphs 5 and 6, of the Convention.

4. Article 4, paragraphs 1 and 3 (Medical benefits). Further to its previous comments, the Committee notes that the question of medical benefit is still being studied by the Government. Recalling that there is no provision in the national legislation concerning entitlement to medical benefits, the Committee once again expresses the hope that the Government will take the necessary legislative measures in order to ensure that all women workers covered by the Convention be entitled to medical benefits in accordance with this provision of the Convention.

5. Article 4, paragraph 2 (Rates of cash benefits). Further to its previous comments, the Committee notes with interest that article 26(c) of the collective agreement between the Public Services Workers' Union and the Management of the Volta River Authority, effective from 1 September 1975, provides for the payment to a woman worker during maternity leave of her basic wages or salary in full. The Committee would be glad if the Government would supply extracts of other recently concluded collective agreements in the private sector which contain similar provisions. The Committee also asks the Government to supply a copy of the administrative instructions in the civil service on paid remuneration in respect of maternity leave, which apparently was not attached to the Government's report (see also under point 6 below).

6. Article 4, paragraphs 4, 5, 6, 7 and 8. In reply to the Committee's previous comments, the Government indicates that the matters dealt with by these provisions of the Convention are still under discussion. While being aware of the difficulties encountered by the Government in this regard, the Committee hopes that the Government will be able in future to adopt measures giving full effect to these provisions of the Convention, which stipulate in particular that cash and medical benefits shall be provided either by means of compulsory social insurance or by means of public funds, and that in no case shall the employer be individually liable for the cost of such benefits.

The Committee hopes that the Government will indicate in its next report any progress made to fully meet the requirements of the Convention in the light of the above-mentioned comments. In this respect, it once again ventures to draw the Government's attention to the possibility of having recourse to the technical cooperation of the International Labour Office.

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

1. Article 1, paragraph 3(h), of the Convention (Scope). The Government indicates that although it is recognised that section 74 of the Labour Decree is not broad enough to cover women domestic workers, the public employment centres make sure that when domestic workers are recruited a contract of employment will embody her rights to maternity protection like any other female workers in any other establishment. It adds that note has been taken of the comments made by the Committee, and that the tripartite National Advisory Committee on Labour will advise on possible amendment of the definition of the term "worker" under the above-mentioned section 74. The Committee takes note with interest of this information. It therefore hopes that the Government will take the necessary measures in the near future in order to ensure full conformity of the national legislation with this provision of the Convention, by guaranteeing coverage of domestic work for wages in private households.

2. Article 3, paragraphs 1, 2 and 4, of the Convention (Duration of maternity leave). In reply to the Committee's previous comments, the Government indicates that under section 42(1)(b) of the Labour Decree, a postnatal maternity leave of six weeks is given to the worker whatever the date of actual confinement is. It also adds that in practice, even if confinement takes place before the presumed date, the worker is given a total of 12 weeks' maternity leave. The Committee takes note of this information with interest. It hopes that the Government will have no difficulty, when the Labour Decree is next revised, to include an express provision to this effect in the national legislation.

3. Article 3, paragraphs 5 and 6 (Extension of leave in case of illness arising out of pregnancy or confinement). The Government indicates, with reference to paragraph 38 of the Labour Regulations of 1969, that in practice, any absence from work certified by a registered medical practitioner as arising out of illness due to pregnancy or confinement is regarded as sick leave, which is not counted as part of the maternity leave. While noting this information, the Committee asks the Government to indicate, in its next report, what are the relevant legal provisions (including social security legislation) relating to sick leave.

4. Article 4, paragraphs 1 and 3 (Medical benefits). The Committee notes from the Government's report that there is no provision in the national legislation concerning entitlement to medical benefits, although medical care is provided for in practice, to a certain extent and under certain conditions, in many private undertakings, and under the Primary Health Care Programme; in the civil service the cost of medical treatment is heavily subsidised. It also notes that further study is being given to the matter by the Government. The Committee therefore hopes that, as a result of this study, the Government will take the necessary legislative measures in order to ensure that all women workers covered by the Convention be entitled to medical benefit in accordance with Article 4, paragraphs 1 and 3.

5. Article 4, paragraph 2 (Rates of cash benefits). The Committee notes with interest from the Government's report that, besides the provision of section 42(1)(g) of the Labour Decree of 1967, under which a female worker should be paid remuneration in respect of maternity leave of at least 50 per cent of the remuneration she would have earned had she not been absent, collective agreements in the private sector and administrative instructions in the civil service provide that a woman on maternity leave shall be paid her full wages or salary. The Committee would be grateful if the Government would provide, in its next report, copies of the above-mentioned collective agreements (which have not yet been received in the ILO) and administrative instructions. See also under point 6 below.

6. Article 4, paragraphs 4, 5, 6, 7 and 8. In reply to the Committee's previous comments, the Government indicates that at present the national situation does not permit the implementation of these provisions of the Convention. It adds that the matter is being studied. The Committee takes note of this information. It recalls that the aforementioned provisions of the Convention, which deal with the financing of maternity benefit, provide in particular that cash and medical benefits shall be provided either by means of compulsory social insurance or by means of public funds, and that in no case shall the employer be individually liable for the cost of such benefits due to women employed by him. While being aware of the difficulties encountered by the Government in this regard, the Committee hopes that the studies undertaken will lead to the adoption of measures giving full effect to these provisions of the Convention.

The Committee hopes that the Government will indicate in its next report any progress made to fully meet the requirements of the Convention in the light of the above-mentioned comments. In this respect, it ventures to draw the Government's attention to the possibility of having recourse to the technical cooperation of the International Labour Office.

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

The Committee takes note of the first report of the Government on the application of the Convention. It would be grateful if in its next report the Government would provide further information on the following points:

Article 1, paragraph 3(h), of the Convention. The Committee notes from the Government's report that the provisions of the Convention are applied to domestic work for wages in private households. The Committee also notes that under section 74 of the the term "worker" does not cover domestic servants for the purposes of several parts of this Act, including Part V; this seems to mean that women domestic workers are excluded from the scope of the provisions governing maternity protection. The Committee therefore hopes that the Government will provide, in its next report, information on measures taken or envisaged in order to ensure the full conformity of the national legislation with the above provision of the Convention, by guaranteeing coverage of domestic work for wages in private households.

Article 3, paragraph 4. Please indicate whether national legislation provides for the extension of maternity leave when confinement takes place after the presumed date and prohibits the reduction of the period of compulsory leave to be taken after confinement on that account.

Article 3, paragraphs 5 and 6. The Committee notes from the Government's report that the duration or extension of leave in cases of illness arising out of pregnancy or confinement is determined by the certificate of a medical officer or midwife. It also notes that under section 42(1)(b) of the Labour Decree the period of leave after confinement should be extended to at least eight weeks where the confinement is abnormal or where in the course of the confinement two or more babies are born. The Committee would be grateful if the Government would indicate, in its next report, the provisions of the national legislation under which additional leave before confinement and extension of the leave after confinement may be provided in cases of illness medically certified as arising out of the pregnancy or the confinement.

Article 4, paragraphs 1 and 3 (medical benefits). Please state whether women workers are entitled to receive medical benefits while absent from work on maternity leave. If so, please indicate the types of care included in the medical benefits guaranteed in accordance with paragraph 3 of this Article.

Article 4, paragraph 2 (rates of cash benefit). The Committee notes that under section 42(1)(g) of the Labour Decree a female worker should be paid remuneration in respect of maternity leave of at least 50 per cent of the remuneration she would have earned had she not been absent. It also notes the statement in the Government's report that a pregnant female worker is paid her full wage or salary during maternity leave. Please indicate whether rates of cash benefit corresponding to a woman's full wage or salary are fixed by national laws or regulations in conformity with this provision of the Convention.

Article 4, paragraphs 4, 5, 6 and 7. Please state whether cash and medical benefits are provided by means of compulsory social insurance or by means of public funds. Please give particulars concerning the system of financing of benefits as requested in the report form.

Article 4, paragraph 8. The Committee notes that under section 42(1)(g) of the Labour Decree the employer should pay a female worker on maternity leave remuneration in respect of such leave. In this regard the Committee would observe that under this provision of the Convention the employer should in no case be individually liable for the cost of maternity benefits. The Committee therefore hopes that the Government will take appropriate measures in the very near future in order to ensure the full conformity of the national legislation with the Convention. It asks the Government to provide in its next report information on any progress made in this connection.