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

Labour Inspection Convention, 1947 (No. 81) - Ghana (Ratification: 1959)

Articles 10, 11 and 16 of the Convention. Human resources and material means of the labour inspectorate. The Committee recalls that it previously noted the Government’s reference to the shortage of human resources and material means including vehicles, as well as to its plans to increase the number of the labour inspection staff and to improve the material means of the labour inspectorate. In this regard, it notes the Government’s renewed commitment to take measures to improve the human resources and material means of the labour inspectorate. Recalling the importance of taking concrete steps for the strengthening of the capacity of the labour inspectorate to enable labour inspectors to fulfil effectively both their functions under the Convention, the Committee strongly encourages the Government to identify and allocate the financial resources necessary to meet the most urgent priorities for the improved functioning of the labour inspection system, and to take the necessary measures to ensure that the labour inspection services have at their disposal an adequate number of labour inspectors and the necessary material resources (including transport facilities) to enable them to effectively carry out their duties. In this respect, the Committee requests the Government to describe in detail the current situation of the labour inspection services in terms of the human resources and material means available and to indicate any steps taken with a view to improve this situation.

Article 12(1)(a). Right of labour inspectors to enter freely workplaces liable to inspection. In its previous comments, the Committee has asked the Government to take the necessary measures to amend section 124(1)(a) of the Labour Act 2003 No. 651 to extend the right of labour inspectors to freely enter workplaces to periods outside working hours. The Government indicates that it is currently working on measures to ensure that the relevant legislation is in conformity with the requirements in Article 12(1)(a). The Committee requests the Government to provide concrete information on the steps taken to amend the abovementioned section of the Labour Act so as to ensure labour inspectors’ right of free entry to workplaces liable to inspection irrespective of the working hours therein.

Articles 3, 17, 18 and 21(e). Enforcement of the legal provisions relating to the conditions of work and the protection of workers. The Committee previously noted that the Government referred, in reply to the Committee’s request for the effective enforcement of the legal provisions, to the means of social dialogue, persuasion and diplomacy, and to the means of conciliation at the national and enterprise levels. In this regard, the Committee notes that the Government once again refers to conciliation as a means to achieve compliance with the legal provisions, but that it still fails to supply the requested information on violations reported by labour inspectors and the fines imposed. The Committee would like to recall that it emphasized, in paragraph 280 of its 2006 General Survey on labour inspection, that while it is true that the credibility of any inspectorate depends to a large extent on its ability to advise employers and workers on the most effective means of complying with the legal provisions within its remit, it also depends on the existence and implementation of a sufficiently dissuasive enforcement mechanism.

The Committee also notes that the Government has not provided a reply in relation to the Committee’s previous request concerning the revision of penalties for the violation of labour law provisions, which according to the Government’s previous indications is undertaken by the judiciary on an annual basis. Emphasizing the need to ensure that violations of the legal provisions shall be liable to prompt legal proceedings where necessary, the Committee once again requests the Government to provide statistical information relating to the number of violations detected, as well as the relevant number and amount of penalties imposed. The Committee also requests the Government, once again, to provide information on the revision of penalties for labour law provisions so that they remain dissuasive in the event of monetary inflation.

Articles 20 and 21. Annual report of the labour inspection services. The Committee notes that once again, no annual report on the work of the labour inspection services has been received by the Office. It also notes that the Government once again refers, as it has done since 2009, to measures to publish and communicate to the ILO an annual report on the work of the inspection system. The Committee once again strongly encourages the Government to take measures that will facilitate the establishment, publication and communication to the ILO of an annual report containing the information required by Article 21(a)–(g). In any event, the Committee requests the Government to communicate, with its next report, statistics on the number of labour inspectors, the number and frequency of inspection visits carried out, and the number of workers covered by such visits.

The Committee requests the Government to report on any concrete steps taken in this regard, and reminds it that it may avail itself of ILO technical assistance for the collection of statistics and the publication of annual labour inspection reports as provided for under the Convention.

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