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

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

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.