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

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

Articles 1 and 2 of the Convention. Scope and purpose of the Convention. The Committee recalls that, in its previous comments, it noted that, pursuant to Public Procurement (Amendment) Act, 2016 (Act 914) (2016 PPA), amending Part Two of the Public Procurement Act, 2003 (Act 663) on procurement structures, the minister responsible for finance may declare an entity, a subsidiary, an agency or a natural person to be a procurement entity if the public procurement procedures are deemed unsuitable due to the strategic nature of the procurement. It also noted that such entity is legally and financially autonomous and operates under commercial law (section 15(2)(a) of 2016 PPA). In the absence of the Government’s information on this point, the Committee recalls that the Convention relates exclusively to public contracts (i.e., contracts concluded by a Government department, agency or institution which involve the employment of workers by the other party to the contract and provide for the construction of public works, the manufacture of equipment or the supply of services) and requires the insertion of a clause expressly guaranteeing that any worker employed by a contractor under these contracts will be entitled to wages, hours of work and other conditions of labour which are not less favourable than those established locally by either law, arbitration or collective agreement. The Committee asks the Government to indicate whether the contracts concluded by procurement entities referenced in section 15(1) of the 2016 Public Procurement Act (2016 PPA) qualify as public procurement contracts in terms of Article 1(1) of the Convention

Application in practice.The Committee once again requests the Government to provide copies of public contracts in which labour clauses have been inserted in conformity with the requirements of the standardized tender documents, as referenced in section 50(1) and the Sixth Schedule of the 2016 Public Procurement Act (2016 PPA). In addition, it requests the Government to provide extracts from inspection reports showing the number and nature of violations and the sanctions imposed, and any other information which would enable the Committee to assess more fully the manner in which the Convention is applied in practice.