Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Ghana (Ratification: 1973)

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

Part II of the Convention. Progressive abolition of fee-charging employment agencies. Ratification of Convention No. 181. The Committee refers to its previous comments and recalls that the provisions regarding private employment agencies contained in the 2003 Labour Act and the 2007 Labour Regulations are not such as to give effect to the obligations contained in Part II of the Convention. The Government indicates that the Labour Act is currently at its review stage to incorporate the provisions of Convention No. 181 to enable the Government to proceed with its ratification and that it would continue to engage the social partners to this effect. The Committee recalls that the Government has been considering the ratification of Convention No. 181 and that the ILO Governing Body, at its 337th Session in October–November 2019, classified Convention No. 96 as an outdated instrument. The Governing Body consequently included the abrogation or withdrawal of Convention No. 96 on the agenda of the 119th Session of the International Labour Conference, to be held in 2030. It also requested the Office to take measures to encourage the ratification of Convention No. 181, the ratification of which results in the immediate denunciation of Convention No. 96. The Committee once again requests the Government to provide information on the measures taken, in consultation with the social partners, to complete the ratification process of the Private Employment Agencies Convention, 1997 (No. 181), which would immediately lead to the denunciation of Convention No. 96. The Committee recalls that the Government may avail itself of the technical assistance of the Office in this regard.

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

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Committee recalls that the provisions regarding private employment agencies contained in the Labour Act 2003, and in the Labour Regulations 2007, are not such as to give effect to the obligations contained in Part II of the Convention. The Committee notes that the Government indicates in its report that it is instituting, in consultation with the stakeholders, the ratification process of the Private Employment Agencies Convention, 1997 (No. 181). The Committee therefore requests the Government to provide information on the measures taken, in consultation with the social partners, in order to complete the ratification process of the Private Employment Agencies Convention, 1997 (No. 181), which would involve the immediate denunciation of Convention No. 96.

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 2010 observation, which read as follows:

Repetition

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Committee notes the statement contained in a report received in November 2010 indicating that the Government is mindful of the fact that the provisions of the Convention remain in force until the ratification of the Private Employment Agencies Convention, 1997 (No. 181), becomes effective. The Committee further notes that the Government would wish to request ILO technical assistance for the full application of the provisions of the Convention both in law and practice and for the ratification of Convention No. 181. In its previous observations, the Committee drew the Government’s attention to the fact that the provisions regarding private employment agencies contained in the Labour Act 2003, and in the Labour Regulations 2007, did not give effect to the obligations set out in the parts of the Convention that have been accepted by Ghana. The Committee notes that technical assistance by the ILO would be particularly useful in helping the Government to address gaps in law and practice in the implementation of the Convention and might contribute to facilitate ratifying Convention No. 181. It therefore hopes that the Government will soon be in a position to adhere to the obligations of Convention No. 181, the ratification of which involves the immediate denunciation of Convention No. 96. It invites the Government to report on steps taken in consultation with the social partners, to ratify Convention No. 181.

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

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

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Committee notes the statement contained in a report received in November 2010 indicating that the Government is mindful of the fact that the provisions of Convention No. 96 remain in force until the ratification of the Private Employment Agencies Convention, 1997 (No. 181) becomes effective. The Committee further notes that the Government would wish to request ILO technical assistance for the full application of the provisions of Convention No. 96 both in law and practice and for the ratification of Convention No. 181. In its previous observations, the Committee drew the Government’s attention to the fact that the provisions regarding private employment agencies contained in the Labour Act 2003, and in the Labour Regulations 2007, did not give effect to the obligations set out in the parts of Convention No. 96 that have been accepted by Ghana. The Committee notes that technical assistance by the ILO would be particularly useful in helping the Government to address gaps in law and practice in the implementation of Convention No. 96 and might contribute to facilitate ratifying Convention No. 181. It therefore hopes that the Government will soon be in a position to adhere to the obligations of the Private Employment Agencies Convention, 1997 (No. 181), the ratification of which involves the immediate denunciation of Convention No. 96. It invites the Government to report on steps taken in consultation with the social partners, to ratify Convention No. 181.

[The Government is asked to reply to the present comments in 2013.]

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

Part II of the Convention. Progressive abolition of fee charging employment agencies conducted with a view to profit. In its 2007 observation, the Committee drew the Government’s attention to the fact that the provisions regarding private employment agencies contained in the Labour Act, 2003, and in the Labour Regulations, 2007, did not give effect to the obligations set out in the Parts of Convention No. 96 that have been accepted by Ghana. The Committee also invited the Government to report in 2008 on the measures taken, in consultation with the social partners, in relation to the ratification of the Private Employment Agencies Convention, 1997 (No. 181). In the reply received in September 2008, the Government stated that it is in the process of ratifying Convention No. 181, which would involve the immediate denunciation of Convention No. 96, in view of the recognition of the role played by private employment agencies in the operation of the labour market. The Committee welcomes this approach and hopes that the Government will be in a position to communicate the corresponding instrument of ratification to the Office in the very near future. The Committee recalls that the provisions of Convention No. 96 remain in force until the ratification of Convention No. 181 becomes effective.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. In reply to the 2006 observation, the Government states in its report received in September 2007 that even though the Labour Act, 2003, in section 7, allows the establishment of private fee-charging employment agencies when a licence has been granted by the Minister, there are none in existence. The Labour Regulations, 2007, which became effective on 28 May 2007, contains provisions under section 3 regulating private employment agencies, including those conducted with a view to profit. The Committee once again emphasizes that Members which ratify Convention No. 96 and which, like Ghana, accept Part II of the Convention, undertake to abolish fee-charging employment agencies conducted with a view to profit. It recalls that Ghana ratified Convention No. 96 on 21 August 1974 and is therefore under an obligation to abolish fee-charging employment agencies conducted with a view to profit. The Committee accordingly draws the Government’s attention to the fact that the provisions regarding private employment agencies contained in the Labour Act, 2003, and in the Labour Regulations, 2007, do not give effect to the obligations set out in the Parts of Convention No. 96 that have been accepted by Ghana.

2. Revision of Convention No. 96. The Committee recalls that the revision of Convention No. 96 was prompted by recognition of the role played by private employment agencies in the operation of the labour market and that the Private Employment Agencies Convention, 1997 (No. 181), is now the latest standard in this area. It recalls that the ILO Governing Body invited the States parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, which would involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee once again invites the Government to report on measures taken, in consultation with the social partners, in relation to this issue.

[The Government is asked to report in detail on the present comments in 2008.]

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes that, since 1998, the Government has not supplied reports on the application of this Convention. In relation to the information examined on the application of  the Employment Service Convention, 1948 (No. 88), the Committee notes that section 7(2) of the Labour Act, 2003, provides for the establishment of private employment agencies. The Government also confirms in its report on Convention No. 88 that even though the Act allows for the establishment of private employment agencies, there are at present none in existence. Section 7 of the Labour Act, 2003, enables private agencies when established to collect fees for the services provided. The Committee notes that Members ratifying Convention No. 96 which, like Ghana, have accepted Part II of the Convention, undertake to abolish fee-charging employment agencies conducted with a view to profit. In these circumstances, the Committee observes that the provisions regarding private employment agencies contained in the Labour Act, 2003, are not in conformity with Convention No. 96.

2. Revision of Convention No. 96. The Committee recalls that the revision of Convention No. 96 was prompted by recognition of the role played by private employment agencies in the operation of the labour market and that the Private Employment Agencies Convention, 1997 (No. 181), is now the up to date standard in this area. It recalls that the ILO Governing Body invited the States parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, which would involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998).

3. The Committee invites the Government to report on any developments that, in consultation with the social partners, might take place by way of an appropriate follow-up to the issue raised in this observation.

[The Government is asked to report in detail on the present comments in 2007.]