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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Ghana (Ratification: 1965)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2015, which are of a general nature.

Articles 2 and 3 of the Convention. Legislative issues. The Committee recalls that, for many years, it has been commenting on the need to amend the following provisions of the 2003 Labour Act and its 2007 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 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 if they are in the same “undertaking”, defined in section 175 of the same 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;
• -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 notes that the Government indicates once again in its report that the concerns raised by the Committee are being considered for necessary action by the ministries and other authorities concerned. The Committee regrets the lack of progress, and again requests the Government to provide information on any measures taken or envisaged with a view to amending the abovementioned legislative provisions, and to provide a copy of all relevant texts. The Committee recalls that the Government may, if it so wishes, avail itself of the Office’s technical assistance in this matter.