Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Ghana (Ratification: 1964)

Articles 1 and 2 of the Convention. General principles. Improvement of standards of living. The Government indicates that all policies directed to the well-being and development of the population have been taken into account in the development of its economic programmes and poverty reduction strategy. The Committee takes note of a number of measures taken and implemented to alleviate poverty and ensure the improvement of standards of living, including the National Health Insurance Scheme, the Livelihood Empowerment against Poverty programme, the Youth Entrepreneurship Support programme, the Small and Medium Enterprises package, as well as education and infrastructure measures. The Committee requests the Government to continue to provide information on the measures taken to ensure that the general principles and basic aims of the Convention are taken into account in the development and implementation of the measures taken under its economic and social programmes and remain a key component of its poverty reduction strategy. The Committee also requests the Government to provide updated information on both the nature and the impact of the measures implemented, as well as to describe the manner in which it is ensured that “the improvement of standards of living” is regarded as “the principal objective in the planning of economic development”.

Article 11(1), (4), (6) and (7). Remuneration of workers. Proper payment of all wages. Prohibition of substitution. Regular payment. Assessment of the adequacy and cash value assessment of payments in kind.  The Government indicates that the Labour Department carries out workplace inspections in which employers are required to provide copies of staff payrolls to show that they comply with the provisions of the Convention and national law. In this regard, the Government refers to Part IX of the 2003 Labour Act on the protection of remuneration. The Committee notes that the provisions contained in the Labour Act essentially prohibit employers from replacing payment of wages in money with payment in alcoholic beverages. The Government refers in particular to section 71, which provides that, where an employer establishes a store for the sale of commodities to workers or operates a service for them, the employer shall not coerce the workers to make use of the store or service. The Government adds that section 16 of the 2003 Labour Act provides that remuneration is executed on a regular basis, usually monthly or weekly, or every two weeks, depending the type of contract and institution of employment. Some establishments also provide free meals to their workers. The Committee requests the Government to clarify what measures have been taken in order to prohibit the replacement of money payments by payment in alcoholic beverages and to ensure that food, lodging and other essential supplies and services provided which form part of the remuneration are adequate and that their cash value is properly assessed. The Government is requested to provide information with respect to any procedure or claim before the labour inspection of the Labour Commission or related to these issues.

Articles 11 (8) and 12. Deduction from wages. Advances on wages.  In its report, the Government refers once again to section 69 of the 2003 Labour Act, which provides that an employer shall not make a deduction in anticipation of the regular period of payment of remuneration. In its previous comments, the Committee noted the Government’s indication that, when a worker is aggrieved by a deduction to wages made by his or her employer and is unable to resolve the matter with the employer, the worker may present a complaint in writing to the Labour Commission in order to seek redress. As regards advances on wages, the Committee recalls the Government’s indication that labour inspectors ensure that the abovementioned measures are enforced through established inspections. The Committee notes that the Labour Inspection and the Labour Commission establish the facts of reported alleged wrong deductions through investigation. Once the Labour Commission concludes the investigation both parties are invited for a hearing, after which the Commission makes a ruling. The Government indicates that as a last resort, cases can be submitted to the Labour Court. The Committee requests that the Government provide information on the manner in which the Labour Inspection and the Labour Commission have applied Article 12 of the Convention.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken to address the COVID-19 pandemic as well as on the impact of such measures on the implementation of the Convention.