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

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Article 4(3) of the Convention. Medical benefits. The Committee notes the Government’s indication that the costs of medical benefits are borne by the National Health Insurance Scheme (NHIS). The Committee requests the Government to explain the nature of the free medical care provided by the NHIS, indicating in particular whether hospitalization is included, and to provide statistics on the number of women covered.

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Article 3(2) and (3) of the Convention. Compulsory maternity leave. In its previous comment, the Committee asked the Government to ensure that the Labour Act of 2003 provided for a period of compulsory leave of at least six weeks following childbirth, pursuant to Article 3(3) of the Convention. The Government indicates in its report that section 57 of this Act provides for 12 weeks of maternity leave, the whole period of which is compulsory. The Committee recalls that the Act should provide specifically for compulsory maternity leave of six weeks after childbirth, including in cases where maternity leave begins more than six weeks before the date of childbirth. Please specify the legal provision which expressly establishes a period of compulsory leave after childbirth of at least six weeks pursuant to Article 3(3).

Article 3(4). Extension of maternity leave in the event of late childbirth. The Committee notes the Government’s reference to the possibility of extending maternity leave in the event of multiple births or illness as a result of childbirth, but not to the possibility of extending leave in the event of late childbirth. The Committee therefore once again requests the Government to take the necessary measures to include in section 57 of the Labour Act a provision establishing an extension of prenatal leave until the actual date of childbirth when the birth takes place after the expected date without any corresponding reduction of the period of compulsory maternity leave.

Article 4(4) and (8). Cash benefits. In its previous comment, the Committee requested the Government to take measures to ensure, in the Labour Act of 2003, that cash maternity benefits are provided by means of compulsory social insurance or out of public funds and not paid by the employers in the public and private sectors. As the Government’s report does not provide any information in this respect, the Committee once again requests the Government to take measures in order to ensure that cash maternity benefits are 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. The Committee notes the Government’s indication that the Committee’s concerns regarding the amendment of sections 57(8) and 63(2)(c) of the Labour Act are being considered. The Committee hopes that these provisions will be amended shortly in order to prohibit notification of dismissal during the protected period or at such a time that the notice would expire during the protected period.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

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The Committee notes that there has been no change in legislation or administrative regulations regarding the application of the Convention, but that the Government has communicated the concerns raised by the Committee in its previous observation to the sector minister for consideration and possible amendment of the law. The Committee expects the Government to take measures on the following points.

Article 3(2) and (3) of the Convention (compulsory leave). To specify a period of compulsory leave of at least six weeks following confinement in the Labour Act.

Article 3(4) (extended prenatal leave). To include a provision establishing an extension of the prenatal leave until the actual date of confinement when the confinement takes place after the expected date in the Labour Act.

Article 4(3), (4) and (8) (cash and medical benefits). To ensure that cash maternity benefits are provided by means of compulsory social insurance or out of public funds and not paid by the employers in the public and private sectors.

In this respect, the Committee notes with interest the information received from the Government on the Special Fund within the National Health Insurance Scheme (NHIS), which provides for free medical care before, during and after confinement for every pregnant woman, both in the formal and informal sector of the economy and irrespective of membership of the NHIS. The Committee asks the Government to inform the Committee in its next report about the implementing regulation of the Special Fund and the National Health Insurance Act, 2003 (No. 650), and to indicate whether they will shift liability for the costs of medical benefits from employers to a public fund or compulsory social insurance scheme, in conformity with the Convention.

Article 6 (prohibition of dismissal). The Committee notes that section 57(8) of the Labour Act provides that an employer cannot dismiss a woman worker because of her absence from work on maternity leave and that section 63(2)(e) further provides that employment is terminated unfairly if the only reason for termination is the pregnancy of the worker or the absence from work during maternity leave. In contrast, the Convention does not allow notice of dismissal to be made on any ground during the protected period when a woman is absent from work on maternity leave, nor at such time that the notice would expire during such absence. The Committee invites the Government to consider amending sections 57(8) and 63(2)(c) of the Labour Act to bring it into conformity with this Article of the Convention.

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

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With reference to its previous comments, the Committee notes that there has been no change in legislation or administrative regulations regarding the application of the Convention, but that the Government has communicated the concerns raised by the Committee in its previous observation to the sector minister for consideration and possible amendment of the law. The Committee expects the Government to take measures on the following points.

Article 3, paragraphs 2 and 3, of the Convention (compulsory leave). To specify a period of compulsory leave of at least six weeks following confinement in the Labour Act.

Article 3, paragraph 4 (extended prenatal leave). To include a provision establishing an extension of the prenatal leave until the actual date of confinement when the confinement takes place after the expected date in the Labour Act.

Article 4, paragraphs 3, 4 and 8 (cash and medical benefits). To ensure that cash maternity benefits are provided by means of compulsory social insurance or out of public funds and not paid by the employers in the public and private sectors.

In this respect, the Committee notes with interest the information received from the Government on the Special Fund within the National Health Insurance Scheme (NHIS), which provides for free medical care before, during and after confinement for every pregnant woman, both in the formal and informal sector of the economy and irrespective of membership of the NHIS. The Committee asks the Government to inform the Committee in its next report about the implementing regulation of the Special Fund and the National Health Insurance Act, 2003 (No. 650), and to indicate whether they will shift liability for the costs of medical benefits from employers to a public fund or compulsory social insurance scheme, in conformity with the Convention.

Article 6 (prohibition of dismissal). The Committee notes that section 57(8) of the Labour Act provides that an employer cannot dismiss a woman worker because of her absence from work on maternity leave and that section 63(2)(e) further provides that employment is terminated unfairly if the only reason for termination is the pregnancy of the worker or the absence from work during maternity leave. In contrast, the Convention does not allow notice of dismissal to be made on any ground during the protected period when a woman is absent from work on maternity leave, nor at such time that the notice would expire during such absence. The Committee invites the Government to consider amending sections 57(8) and 63(2)(c) of the Labour Act to bring it into conformity with this Article of the Convention.

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Referring to its observation, the Committee requests the Government to provide complementary information on the following points.

Article 1 of the Convention. The Committee notes that it follows from section 75 of the Labour Act that temporary workers, i.e. workers employed by the same employer for a continuous period of less than six months, do not seem to benefit from the provisions of this Act in respect of maternity protection. It would be grateful if the Government would specify in its next report how it ensures the protection granted by the Convention to temporary workers.

Article 3, paragraphs 2 and 3. The Committee notes that, according to section 57(1) of the Labour Act, a woman worker, on production of a medical certificate indicating the expected date of her confinement, is entitled to a period of maternity leave of at least 12 weeks in addition to any period of annual leave. It would be grateful if the Government would specify in its next report the provisions of national laws or regulations providing for a period of compulsory leave of at least six weeks following confinement in conformity with these provisions of the Convention.

Article 4, paragraphs 3 and 8. The Committee notes the information supplied by the Government stating that the employers reimburse to the workers the expenses incurred by medical treatment. The Committee also understands that, in 2003, the National Health Insurance Act (No. 560) was adopted. While it recalls that the Convention prohibits that employers be held individually liable for the cost of medical benefits, the Committee would be grateful if the Government would communicate with its next report detailed information on the impact of this newly adopted legislation on the application of the Convention, as well as the types of medical benefits granted to women workers before, during and after confinement.

Part V of the report form. The Committee notes that certain documents mentioned in the Government’s report have not been received by the Office (collective bargaining agreements of certain industrial organizations, as well as an annual report on the labour inspections conducted) and would be grateful if the Government would communicate these documents along with other relevant documents with its next report.

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The Committee notes the information provided by the Government in its report. It notes in particular the adoption in 2003 of the new Labour Act (No. 651) and wishes to draw the Government’s attention to the following points.

Article 1, paragraph 3(h), of the Convention. The Committee notes with interest that, contrary to the previously applicable Labour Decree, the newly adopted Labour Act does not exclude domestic workers from its scope of application.

Article 3, paragraph 4. The Committee regrets to note that the Government did not insert, as it had stated, a provision in the new Labour Act establishing an extension of the prenatal maternity leave until the actual date of confinement when confinement takes place after the expected date. It therefore once again requests the Government to take the necessary steps to include in the provisions of national laws or regulations a provision in this regard.

Article 4, paragraphs 4 and 8. The Committee notes that, according to section 57(2) of the Labour Act, a woman worker on maternity leave is entitled to be paid her full remuneration and other benefits to which she is otherwise entitled. The Government indicates that employers from the public and the private sectors pay their full remuneration to women workers on maternity leave. The Committee wishes to recall in this respect that, as it has been emphasized for a number of years, maternity benefits shall be provided either by means of compulsory social insurance or by means of public funds and that, in no case, the employer can be individually liable for the cost of such benefits due to women employed by him. The Committee consequently regrets that the Government has not taken the opportunity of the adoption of the new Labour Act to bring the national legislation into conformity with the Convention and hopes that it will indicate in its next report the measures taken or envisaged in this respect.

Article 6. The Committee notes that, in accordance with section 57(8) of the Labour Act, an employer cannot dismiss a woman worker because of her absence from work on maternity leave and that section 63(2)(e) further provides that, in the case of a woman worker, employment is terminated unfairly if the only reason for the termination is the pregnancy of the worker or the absence from work during maternity leave. It also notes that, by virtue of section 63(4) of the above Act, the burden of proving that the reasons for dismissal are fair rests on the employer.

In this respect, the Committee wishes to recall that this provision of the Convention stipulates that a woman absent from work on maternity leave cannot be dismissed or given notice of dismissal during such absence and that it does not allow dismissal to be made on any ground during the protected period. The Committee therefore requests the Government to examine the possiblity of amending the Labour Act to bring it into conformity with Article 6 of the Convention.

It also wishes to draw the Government’s attention to the possibility to ratify Convention No. 183 on maternity protection of 2000, which prohibits dismissal only for reasons related to pregnancy or birth of the child and its consequences or nursing.

The Committee is raising certain other issues in a request directly addressed to the Government.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the information supplied by the Government in its report on the application of the Convention. Referring to the Committee’s previous observations, the Government states that the points raised therein have been well noted and appropriate amendments included in the new Labour Code, which is currently before the National Parliament for enactment into law, after having been prepared by a technical tripartite committee. The Committee therefore expresses the hope that the new Labour Code will be adopted in the very near future and will ensure that the national legislation gives full effect to Article 1, paragraph 3(h) (application of the Convention to women engaged in domestic work for wages in private households), Article 3, paragraph 4 (extension of the prenatal leave when confinement takes place after the presumed date), Article 3, paragraphs 5 and 6 (additional leave before and after confinement in case of illness, medically certified arising out of pregnancy or confinement), Article 4, paragraphs 1 and 3 (entitlement to medical benefits while absent from work on maternity leave) and Article 4, paragraphs 4-8 (provision of cash and medical benefits by means of compulsory social insurance or from public funds, prohibition to hold the employer individually liable for the cost of such benefits). The Committee requests the Government to supply a copy of the new legislation once it has been adopted, so that it may examine its conformity with the Convention.

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

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The Committee notes the information supplied by the Government in its report on the application of the Convention. Referring to the Committee’s previous observations, the Government states that the points raised therein have been well noted and appropriate amendments included in the new Labour Code, which is currently before the National Parliament for enactment into law, after having been prepared by a technical tripartite committee. The Committee therefore expresses the hope that the new Labour Code will be adopted in the very near future and will ensure that the national legislation gives full effect to Article 1, paragraph 3(h) (application of the Convention to women engaged in domestic work for wages in private households), Article 3, paragraph 4 (extension of the prenatal leave when confinement takes place after the presumed date), Article 3, paragraphs 5 and 6 (additional leave before and after confinement in case of illness, medically certified arising out of pregnancy or confinement), Article 4, paragraphs 1 and 3 (entitlement to medical benefits while absent from work on maternity leave) and Article 4, paragraphs 4-8 (provision of cash and medical benefits by means of compulsory social insurance or from public funds, prohibition to hold the employer individually liable for the cost of such benefits). The Committee requests the Government to supply a copy of the new legislation once it has been adopted, so that it may examine its conformity with the Convention.

[The Government is asked to report in detail in 2004.]

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1. The Committee notes the information communicated by the Government in its latest report and of the pertinent extracts of certain collective agreements signed in the private sector. Further to its previous comments, the Committee notes that the Government refers once again to the process of codifying the country’s labour laws. The codification exercise involves the amendment of several standards and changes in practice. A draft labour bill has already been discussed by a tripartite forum taking into account all the comments made by the Committee of Experts as well as current developments on the international labour front. The outcome of the issue of codification and the harmonization of domestic legislation with international instruments will be communicated in due course. The Committee trusts that the Government will not fail to take all the necessary measures to complete the legislative amendments announced and that, in so doing, the following comments will be borne in mind.

Article 1, paragraph 3(h), of the Convention. The Committee recalls that by virtue of section 74 of the Labour Decree and the definition of the term "worker" given in it, domestic workers are excluded from the maternity protection guaranteed by Part V of the Decree. The Committee draws the Government’s attention once again to the need to amend the aforementioned provision of national legislation in order to give women engaged in domestic work for wages in private households the protection guaranteed under the Convention.

Article 3, paragraph 4. The Committee recalls that when confinement takes place after the presumed date, legislation does not specifically provide for extending the prenatal leave until the actual date of confinement.

Article 3, paragraphs 5 and 6. In its previous reports, the Government indicated that in practice any absence certified by a registered physician as resulting from illness caused by pregnancy or confinement is considered as sick leave. The Committee nevertheless stated that the relevant provisions of legislation (General Order of 1951) and collective agreements did not in themselves guarantee in all cases extension of maternity leave in the event of illness arising out of pregnancy or confinement. The Committee therefore hopes that the Government will take the necessary measures in order to introduce a provision in legislation in order to give full effect to Article 3, paragraphs 5 and 6, of the Convention.

Article 4, paragraphs 1 and 3. The Committee recalls that there is no provision in national legislation concerning entitlement to medical benefits. It trusts that the Government will take the necessary legislative measures in order to ensure that all women workers covered by the Convention are entitled to medical benefits in accordance with these provisions of the Convention.

Article 4, paragraphs 4 to 8. In reply to the Committee’s previous comments, the Government indicates that the matters dealt with by Article 4, paragraphs 4 to 8, of the Convention are still under discussion. While being aware of the difficulties encountered by the Government in this regard, the Committee hopes that measures will be adopted giving full effect to these provisions of the Convention which stipulate in particular that cash and medical maternity benefits shall be provided either by means of compulsory social insurance or from public funds, and that in no case shall the employer be held individually liable for the cost of such benefits.

2. Article 4, paragraph 2. Further to its previous comments, the Committee notes with interest that the extracts of the three collective agreements supplied by the Government show that during maternity leave women workers covered by these agreements continue to receive their wages in full. It requests the Government to continue to supply copies of any other collective agreements concluded in the private sector which contain provisions in this regard. The Committee also requests the Government to supply a copy of the public service administrative instructions concerning payment of remuneration during maternity leave.

3. The Committee wishes to draw the Government’s attention to the possibility of receiving technical assistance from the International Labour Office.

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The Committee notes with regret that the Government's report has not been received for the third consecutive time. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its comments, which read as follows:

1. Article 1, paragraph 3(h), of the Convention (Scope). The Committee notes that the Government reiterates its intention, already expressed in the previous report, to put before the tripartite National Advisory Committee on Labour the question of the possible amendment of the definition of the term "worker" under section 74 of the Labour Decree. It therefore hopes that the Government will take the necessary measures in the near future in order to ensure full conformity of the national legislation with this provision of the Convention, by guaranteeing maternity protection to women engaged in domestic work for wages in private households.

2. Article 3, paragraph 4 (Duration of maternity leave). The Government states that steps would be taken to apply fully this provision. The Committee therefore hopes that the Government would be able to include in due time in the legislation a specific provision to extend the prenatal leave by any period elapsing between the presumed date of confinement and the actual date of confinement.

3. Article 3, paragraphs 5 and 6 (Extension of leave in case of illness arising out of pregnancy or confinement). In reply to the Committee's previous comments, the Government indicates that granting of sick leave to government employees is regulated by the General Orders 1951 edition (in particular, by sections 733, 737 and Appendix 25c) and to non-government employees by the relevant collective bargaining agreements. The Committee notes, however, that such provisions appear insufficient to ensure in all cases, in particular as far as women with less than five years' continuous service are concerned, additional leave in the case of illness arising out of pregnancy or confinement. The Committee hopes, therefore, that the Government will take the necessary measures in order to introduce a provision in the legislation giving expressly effect to Article 3, paragraphs 5 and 6, of the Convention.

4. Article 4, paragraphs 1 and 3 (Medical benefits). Further to its previous comments, the Committee notes that the question of medical benefit is still being studied by the Government. Recalling that there is no provision in the national legislation concerning entitlement to medical benefits, the Committee once again expresses the hope that the Government will take the necessary legislative measures in order to ensure that all women workers covered by the Convention be entitled to medical benefits in accordance with this provision of the Convention.

5. Article 4, paragraph 2 (Rates of cash benefits). Further to its previous comments, the Committee notes with interest that article 26(c) of the collective agreement between the Public Services Workers' Union and the Management of the Volta River Authority, effective from 1 September 1975, provides for the payment to a woman worker during maternity leave of her basic wages or salary in full. The Committee would be glad if the Government would supply extracts of other recently concluded collective agreements in the private sector which contain similar provisions. The Committee also asks the Government to supply a copy of the administrative instructions in the civil service on paid remuneration in respect of maternity leave, which apparently was not attached to the Government's report (see also under point 6 below).

6. Article 4, paragraphs 4, 5, 6, 7 and 8. In reply to the Committee's previous comments, the Government indicates that the matters dealt with by these provisions of the Convention are still under discussion. While being aware of the difficulties encountered by the Government in this regard, the Committee hopes that the Government will be able in future to adopt measures giving full effect to these provisions of the Convention, which stipulate in particular that cash and medical benefits shall be provided either by means of compulsory social insurance or by means of public funds, and that in no case shall the employer be individually liable for the cost of such benefits.

The Committee hopes that the Government will indicate in its next report any progress made to fully meet the requirements of the Convention in the light of the abovementioned comments. In this respect, it once again ventures to draw the Government's attention to the possibility of having recourse to the technical cooperation of the International Labour Office.

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1, paragraph 3(h), of the Convention (Scope). The Committee notes that the Government reiterates its intention, already expressed in the previous report, to put before the tripartite National Advisory Committee on Labour the question of the possible amendment of the definition of the term "worker" under section 74 of the Labour Decree. It therefore hopes that the Government will take the necessary measures in the near future in order to ensure full conformity of the national legislation with this provision of the Convention, by guaranteeing maternity protection to women engaged in domestic work for wages in private households.

2. Article 3, paragraph 4 (Duration of maternity leave). The Government states that steps would be taken to apply fully this provision. The Committee therefore hopes that the Government would be able to include in due time in the legislation a specific provision to extend the prenatal leave by any period elapsing between the presumed date of confinement and the actual date of confinement.

3. Article 3, paragraphs 5 and 6 (Extension of leave in case of illness arising out of pregnancy or confinement). In reply to the Committee's previous comments, the Government indicates that granting of sick leave to government employees is regulated by the General Orders 1951 edition (in particular, by sections 733, 737 and Appendix 25c) and to non-government employees by the relevant collective bargaining agreements. The Committee notes, however, that such provisions appear insufficient to ensure in all cases, in particular as far as women with less than five years' continuous service are concerned, additional leave in the case of illness arising out of pregnancy or confinement. The Committee hopes, therefore, that the Government will take the necessary measures in order to introduce a provision in the legislation giving expressly effect to Article 3, paragraphs 5 and 6, of the Convention.

4. Article 4, paragraphs 1 and 3 (Medical benefits). Further to its previous comments, the Committee notes that the question of medical benefit is still being studied by the Government. Recalling that there is no provision in the national legislation concerning entitlement to medical benefits, the Committee once again expresses the hope that the Government will take the necessary legislative measures in order to ensure that all women workers covered by the Convention be entitled to medical benefits in accordance with this provision of the Convention.

5. Article 4, paragraph 2 (Rates of cash benefits). Further to its previous comments, the Committee notes with interest that article 26(c) of the collective agreement between the Public Services Workers' Union and the Management of the Volta River Authority, effective from 1 September 1975, provides for the payment to a woman worker during maternity leave of her basic wages or salary in full. The Committee would be glad if the Government would supply extracts of other recently concluded collective agreements in the private sector which contain similar provisions. The Committee also asks the Government to supply a copy of the administrative instructions in the civil service on paid remuneration in respect of maternity leave, which apparently was not attached to the Government's report (see also under point 6 below).

6. Article 4, paragraphs 4, 5, 6, 7 and 8. In reply to the Committee's previous comments, the Government indicates that the matters dealt with by these provisions of the Convention are still under discussion. While being aware of the difficulties encountered by the Government in this regard, the Committee hopes that the Government will be able in future to adopt measures giving full effect to these provisions of the Convention, which stipulate in particular that cash and medical benefits shall be provided either by means of compulsory social insurance or by means of public funds, and that in no case shall the employer be individually liable for the cost of such benefits.

The Committee hopes that the Government will indicate in its next report any progress made to fully meet the requirements of the Convention in the light of the above-mentioned comments. In this respect, it once again ventures to draw the Government's attention to the possibility of having recourse to the technical cooperation of the International Labour Office.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1, paragraph 3(h), of the Convention (Scope). The Committee notes that the Government reiterates its intention, already expressed in the previous report, to put before the tripartite National Advisory Committee on Labour the question of the possible amendment of the definition of the term "worker" under section 74 of the Labour Decree. It therefore hopes that the Government will take the necessary measures in the near future in order to ensure full conformity of the national legislation with this provision of the Convention, by guaranteeing maternity protection to women engaged in domestic work for wages in private households.

2. Article 3, paragraph 4 (Duration of maternity leave). The Government states that steps would be taken to apply fully this provision. The Committee therefore hopes that the Government would be able to include in due time in the legislation a specific provision to extend the prenatal leave by any period elapsing between the presumed date of confinement and the actual date of confinement.

3. Article 3, paragraphs 5 and 6 (Extension of leave in case of illness arising out of pregnancy or confinement). In reply to the Committee's previous comments, the Government indicates that granting of sick leave to government employees is regulated by the General Orders 1951 edition (in particular, by sections 733, 737 and Appendix 25c) and to non-government employees by the relevant collective bargaining agreements. The Committee notes, however, that such provisions appear insufficient to ensure in all cases, in particular as far as women with less than five years' continuous service are concerned, additional leave in the case of illness arising out of pregnancy or confinement. The Committee hopes, therefore, that the Government will take the necessary measures in order to introduce a provision in the legislation giving expressly effect to Article 3, paragraphs 5 and 6, of the Convention.

4. Article 4, paragraphs 1 and 3 (Medical benefits). Further to its previous comments, the Committee notes that the question of medical benefit is still being studied by the Government. Recalling that there is no provision in the national legislation concerning entitlement to medical benefits, the Committee once again expresses the hope that the Government will take the necessary legislative measures in order to ensure that all women workers covered by the Convention be entitled to medical benefits in accordance with this provision of the Convention.

5. Article 4, paragraph 2 (Rates of cash benefits). Further to its previous comments, the Committee notes with interest that article 26(c) of the collective agreement between the Public Services Workers' Union and the Management of the Volta River Authority, effective from 1 September 1975, provides for the payment to a woman worker during maternity leave of her basic wages or salary in full. The Committee would be glad if the Government would supply extracts of other recently concluded collective agreements in the private sector which contain similar provisions. The Committee also asks the Government to supply a copy of the administrative instructions in the civil service on paid remuneration in respect of maternity leave, which apparently was not attached to the Government's report (see also under point 6 below).

6. Article 4, paragraphs 4, 5, 6, 7 and 8. In reply to the Committee's previous comments, the Government indicates that the matters dealt with by these provisions of the Convention are still under discussion. While being aware of the difficulties encountered by the Government in this regard, the Committee hopes that the Government will be able in future to adopt measures giving full effect to these provisions of the Convention, which stipulate in particular that cash and medical benefits shall be provided either by means of compulsory social insurance or by means of public funds, and that in no case shall the employer be individually liable for the cost of such benefits.

The Committee hopes that the Government will indicate in its next report any progress made to fully meet the requirements of the Convention in the light of the above-mentioned comments. In this respect, it once again ventures to draw the Government's attention to the possibility of having recourse to the technical cooperation of the International Labour Office.

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Further to its previous comments, the Committee notes from the Government's report that there has been no change in the legislation and practice regarding the application of the Convention, but that the issues raised by the Committee are receiving attention from the Government. The Committee once again expresses the hope that appropriate measures will be taken soon to ensure full application of the following Articles of the Convention.

1. Article 1, paragraph 3(h), of the Convention (Scope). The Committee notes that the Government reiterates its intention, already expressed in the previous report, to put before the tripartite National Advisory Committee on Labour the question of the possible amendment of the definition of the term "worker" under section 74 of the Labour Decree. It therefore hopes that the Government will take the necessary measures in the near future in order to ensure full conformity of the national legislation with this provision of the Convention, by guaranteeing maternity protection to women engaged in domestic work for wages in private households.

2. Article 3, paragraph 4 (Duration of maternity leave). The Government states that steps would be taken to apply fully this provision. The Committee therefore hopes that the Government would be able to include in due time in the legislation a specific provision to extend the prenatal leave by any period elapsing between the presumed date of confinement and the actual date of confinement.

3. Article 3, paragraphs 5 and 6 (Extension of leave in case of illness arising out of pregnancy or confinement). In reply to the Committee's previous comments, the Government indicates that granting of sick leave to government employees is regulated by the General Orders 1951 edition (in particular, by sections 733, 737 and Appendix 25c) and to non-government employees by the relevant collective bargaining agreements. The Committee notes, however, that such provisions appear insufficient to ensure in all cases, in particular as far as women with less than five years' continuous service are concerned, additional leave in the case of illness arising out of pregnancy or confinement. The Committee hopes, therefore, that the Government will take the necessary measures in order to introduce a provision in the legislation giving expressly effect to Article 3, paragraphs 5 and 6, of the Convention.

4. Article 4, paragraphs 1 and 3 (Medical benefits). Further to its previous comments, the Committee notes that the question of medical benefit is still being studied by the Government. Recalling that there is no provision in the national legislation concerning entitlement to medical benefits, the Committee once again expresses the hope that the Government will take the necessary legislative measures in order to ensure that all women workers covered by the Convention be entitled to medical benefits in accordance with this provision of the Convention.

5. Article 4, paragraph 2 (Rates of cash benefits). Further to its previous comments, the Committee notes with interest that article 26(c) of the collective agreement between the Public Services Workers' Union and the Management of the Volta River Authority, effective from 1 September 1975, provides for the payment to a woman worker during maternity leave of her basic wages or salary in full. The Committee would be glad if the Government would supply extracts of other recently concluded collective agreements in the private sector which contain similar provisions. The Committee also asks the Government to supply a copy of the administrative instructions in the civil service on paid remuneration in respect of maternity leave, which apparently was not attached to the Government's report (see also under point 6 below).

6. Article 4, paragraphs 4, 5, 6, 7 and 8. In reply to the Committee's previous comments, the Government indicates that the matters dealt with by these provisions of the Convention are still under discussion. While being aware of the difficulties encountered by the Government in this regard, the Committee hopes that the Government will be able in future to adopt measures giving full effect to these provisions of the Convention, which stipulate in particular that cash and medical benefits shall be provided either by means of compulsory social insurance or by means of public funds, and that in no case shall the employer be individually liable for the cost of such benefits.

The Committee hopes that the Government will indicate in its next report any progress made to fully meet the requirements of the Convention in the light of the above-mentioned comments. In this respect, it once again ventures to draw the Government's attention to the possibility of having recourse to the technical cooperation of the International Labour Office.

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1. Article 1, paragraph 3(h), of the Convention (Scope). The Government indicates that although it is recognised that section 74 of the Labour Decree is not broad enough to cover women domestic workers, the public employment centres make sure that when domestic workers are recruited a contract of employment will embody her rights to maternity protection like any other female workers in any other establishment. It adds that note has been taken of the comments made by the Committee, and that the tripartite National Advisory Committee on Labour will advise on possible amendment of the definition of the term "worker" under the above-mentioned section 74. The Committee takes note with interest of this information. It therefore hopes that the Government will take the necessary measures in the near future in order to ensure full conformity of the national legislation with this provision of the Convention, by guaranteeing coverage of domestic work for wages in private households.

2. Article 3, paragraphs 1, 2 and 4, of the Convention (Duration of maternity leave). In reply to the Committee's previous comments, the Government indicates that under section 42(1)(b) of the Labour Decree, a postnatal maternity leave of six weeks is given to the worker whatever the date of actual confinement is. It also adds that in practice, even if confinement takes place before the presumed date, the worker is given a total of 12 weeks' maternity leave. The Committee takes note of this information with interest. It hopes that the Government will have no difficulty, when the Labour Decree is next revised, to include an express provision to this effect in the national legislation.

3. Article 3, paragraphs 5 and 6 (Extension of leave in case of illness arising out of pregnancy or confinement). The Government indicates, with reference to paragraph 38 of the Labour Regulations of 1969, that in practice, any absence from work certified by a registered medical practitioner as arising out of illness due to pregnancy or confinement is regarded as sick leave, which is not counted as part of the maternity leave. While noting this information, the Committee asks the Government to indicate, in its next report, what are the relevant legal provisions (including social security legislation) relating to sick leave.

4. Article 4, paragraphs 1 and 3 (Medical benefits). The Committee notes from the Government's report that there is no provision in the national legislation concerning entitlement to medical benefits, although medical care is provided for in practice, to a certain extent and under certain conditions, in many private undertakings, and under the Primary Health Care Programme; in the civil service the cost of medical treatment is heavily subsidised. It also notes that further study is being given to the matter by the Government. The Committee therefore hopes that, as a result of this study, the Government will take the necessary legislative measures in order to ensure that all women workers covered by the Convention be entitled to medical benefit in accordance with Article 4, paragraphs 1 and 3.

5. Article 4, paragraph 2 (Rates of cash benefits). The Committee notes with interest from the Government's report that, besides the provision of section 42(1)(g) of the Labour Decree of 1967, under which a female worker should be paid remuneration in respect of maternity leave of at least 50 per cent of the remuneration she would have earned had she not been absent, collective agreements in the private sector and administrative instructions in the civil service provide that a woman on maternity leave shall be paid her full wages or salary. The Committee would be grateful if the Government would provide, in its next report, copies of the above-mentioned collective agreements (which have not yet been received in the ILO) and administrative instructions. See also under point 6 below.

6. Article 4, paragraphs 4, 5, 6, 7 and 8. In reply to the Committee's previous comments, the Government indicates that at present the national situation does not permit the implementation of these provisions of the Convention. It adds that the matter is being studied. The Committee takes note of this information. It recalls that the aforementioned provisions of the Convention, which deal with the financing of maternity benefit, provide in particular that cash and medical benefits shall be provided either by means of compulsory social insurance or by means of public funds, and that in no case shall the employer be individually liable for the cost of such benefits due to women employed by him. While being aware of the difficulties encountered by the Government in this regard, the Committee hopes that the studies undertaken will lead to the adoption of measures giving full effect to these provisions of the Convention.

The Committee hopes that the Government will indicate in its next report any progress made to fully meet the requirements of the Convention in the light of the above-mentioned comments. In this respect, it ventures to draw the Government's attention to the possibility of having recourse to the technical cooperation of the International Labour Office.

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The Committee takes note of the first report of the Government on the application of the Convention. It would be grateful if in its next report the Government would provide further information on the following points:

Article 1, paragraph 3(h), of the Convention. The Committee notes from the Government's report that the provisions of the Convention are applied to domestic work for wages in private households. The Committee also notes that under section 74 of the the term "worker" does not cover domestic servants for the purposes of several parts of this Act, including Part V; this seems to mean that women domestic workers are excluded from the scope of the provisions governing maternity protection. The Committee therefore hopes that the Government will provide, in its next report, information on measures taken or envisaged in order to ensure the full conformity of the national legislation with the above provision of the Convention, by guaranteeing coverage of domestic work for wages in private households.

Article 3, paragraph 4. Please indicate whether national legislation provides for the extension of maternity leave when confinement takes place after the presumed date and prohibits the reduction of the period of compulsory leave to be taken after confinement on that account.

Article 3, paragraphs 5 and 6. The Committee notes from the Government's report that the duration or extension of leave in cases of illness arising out of pregnancy or confinement is determined by the certificate of a medical officer or midwife. It also notes that under section 42(1)(b) of the Labour Decree the period of leave after confinement should be extended to at least eight weeks where the confinement is abnormal or where in the course of the confinement two or more babies are born. The Committee would be grateful if the Government would indicate, in its next report, the provisions of the national legislation under which additional leave before confinement and extension of the leave after confinement may be provided in cases of illness medically certified as arising out of the pregnancy or the confinement.

Article 4, paragraphs 1 and 3 (medical benefits). Please state whether women workers are entitled to receive medical benefits while absent from work on maternity leave. If so, please indicate the types of care included in the medical benefits guaranteed in accordance with paragraph 3 of this Article.

Article 4, paragraph 2 (rates of cash benefit). The Committee notes that under section 42(1)(g) of the Labour Decree a female worker should be paid remuneration in respect of maternity leave of at least 50 per cent of the remuneration she would have earned had she not been absent. It also notes the statement in the Government's report that a pregnant female worker is paid her full wage or salary during maternity leave. Please indicate whether rates of cash benefit corresponding to a woman's full wage or salary are fixed by national laws or regulations in conformity with this provision of the Convention.

Article 4, paragraphs 4, 5, 6 and 7. Please state whether cash and medical benefits are provided by means of compulsory social insurance or by means of public funds. Please give particulars concerning the system of financing of benefits as requested in the report form.

Article 4, paragraph 8. The Committee notes that under section 42(1)(g) of the Labour Decree the employer should pay a female worker on maternity leave remuneration in respect of such leave. In this regard the Committee would observe that under this provision of the Convention the employer should in no case be individually liable for the cost of maternity benefits. The Committee therefore hopes that the Government will take appropriate measures in the very near future in order to ensure the full conformity of the national legislation with the Convention. It asks the Government to provide in its next report information on any progress made in this connection.