Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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 and coverage of workplaces. The Committee previously noted the Government’s reference to a shortage of human resources and material means, including vehicles, as well as to its commitment to addressing these issues.

The Committee notes that the Government indicates in its report that there are 171 inspection staff. It once again indicates that it plans to hire more staff to strengthen the labour inspection system, which will enable the Labour Department to conduct more inspections and improve the coverage of the establishments. The Committee also notes that, according to the Statistical Reports of the Ministry of Employment and Labour Relations for the years 2014, 2015 and 2016, published on the Ministry’s website, the number of labour inspections undertaken by the Labour Department were 243 in 2014, 357 in 2015 and 305 in 2016. The number of inspections undertaken by the Department of Factories Inspectorate on occupational safety and health in registered workplaces declined from 2,405 in 2014, to 1,974 in 2015 and 1,715 in 2016, with decreases in almost every sector. The Committee notes that according to the Statistical Report of 2016, there were 57,925 registered establishments in 2016. The Government states that challenges include an insufficient number of inspectors and vehicles to conduct efficient inspections of workplaces. It further notes the statement in Ghana’s National Employment Policy, published in 2015, that despite efforts to revamp the labour administration system, challenges persist, including ineffective labour inspection, inadequate staff for labour administration institutions and inadequate logistics for inspection and enforcement. The Committee requests the Government to provide information on the concrete steps taken to address the challenges identified, to ensure that the labour inspection services have at their disposal an adequate number of labour inspectors and the required material resources to enable them to effectively carry out their duties, including by ensuring the allocation of the financial resources necessary. It requests the Government to continue to provide information on the number of inspections undertaken by the Labour Department and the Department of Factories Inspectorate, as well as the number of inspectors in each Department. Lastly, the Committee requests the Government to provide information concerning the reasons for the decline in the number of inspections undertaken by the Department of Factories Inspectorate between 2014 and 2016, and the measures taken to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions.

Articles 17, 18 and 21(e). Enforcement of the legal provisions relating to the conditions of work and the protection of workers. The Committee previously requested information on the application of penalties, as well as concerning the revision of penalties for labour law provisions. The Committee notes in this regard that the Government once again refers to its commitment to dialogue, persuasion and diplomacy, but also states that the legal provisions in the Labour Act are fully applied so as to sanction any employer who violates its provisions. The Committee also observes that the penalties in the Labour Act are defined in terms of “penalty units” that are defined pursuant to the Fines (Penalty Units) Act of 2000. The Committee urges the Government to provide statistical information in its next report relating to the number of violations detected and the number and amount of fines imposed pursuant to the Labour Act. In addition, the Committee requests the Government to provide information on any revision of “penalty units” with a view to ensuring that there are adequate penalties for violations of the legal provisions enforceable by labour inspectors.

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