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

Ghana

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1959)
Labour Administration Convention, 1978 (No. 150) (Ratification: 1986)

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

A. Labour inspection

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

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

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

B. Labour administration

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

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

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