Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Ghana (Ratificación : 1965)

Articles 2 and 3 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations of their own choosing. Right of workers’ organizations to organize their activities in full freedom. The Committee recalls that, for many years, it has been requesting the Government to take the necessary measures to amend the following provisions of the 2003 Labour Act and the 2007 Labour Regulations:

• section 79(2), which excludes persons performing managerial and decision-making functions from the right to establish and join organizations of their own choosing;
• section 1, which excludes prison staff from the scope of application of the Labour Act and therefore from the right to establish and join organizations of their own choosing;
• section 80(1), which provides that two or more workers may establish or join a trade union only if they are in the same “undertaking”, defined in section 175 of the Labour Act as “the business of any employer”;
• section 80(2), which provides that employers must employ not less than 15 workers to establish or join an employers’ organization;
• section 81, which does not explicitly authorize trade unions to form or join confederations;
• sections 154–160, which do not set any time limit with regard to mediation;
• section 160(2), under which collective disputes are referred to compulsory arbitration if they are not resolved within seven days; and
• section 20 of the 2007 Regulations which sets out too broad a list of essential services.

The Committee observes that a new Labour Act is being drafted in consultation with the social partners and notes in this respect, the Government’s indication that the Committee’s comments have been drawn to the attention of those involved in the process. The Committee expects that all of its comments outlined above will be duly taken into account so as to ensure that the new Labour Act is in conformity with the Convention and requests the Government to provide a copy thereof once adopted. The Committee also requests the Government to provide information on the progress made as regards the revision of the Labour Regulations and reminds the Government of the possibility to seek technical assistance from the Office in this respect.