Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Hours of Work (Industry) Convention, 1919 (No. 1) - Ghana (Ratification: 1973)

The Committee notes that the Government’s report merely reproduces the same information contained in its last report of 2008. It is therefore bound to repeat its previous request which concerned the following points:

Article 2 of the Convention. Scope of application. The Committee had noted that, according to the Government, the maximum working hours of task workers is eight hours per day and 40 hours per week. Nonetheless, it had recalled that section 44 of the Labour Act provides that section 33, with respect to maximum hours of work, does not apply to task workers. The Committee requests once again the Government to indicate the statutory provisions limiting the hours of work of this category of workers.

Article 2(c). Shift work. The Committee recalls that this provision allows the average number of hours worked to be calculated over a maximum period of four weeks in the case of shift work, whereas Article 2(c) of the Convention provides that, for this category of workers, the reference period must not exceed three weeks. The Committee requests the Government once again to take the necessary measures to bring section 36 of the Labour Act into conformity with the Convention. Furthermore, given that section 36 is only applicable if there is an established timetable for the shifts, the Committee requests the Government once again to specify the scope of this provision.

Article 3. Overtime hours – Exceptional circumstances. The Committee had noted that, according to the Government, section 38 of the Labour Act is in conformity with Article 3 of the Convention. It nevertheless draws the Government’s attention to the fact that this Article of the Convention allows for the maximum hours of work to be exceeded in case of accident, actual or threatened, or in the case of urgent work to be done to machinery or plant, or in the case of force majeure. In this context, it points out that, under the terms of section 38 of the Labour Act, a worker may be required to work beyond the fixed hours of work without additional pay in certain exceptional circumstances, ‘‘including an accident threatening human lives or the very existence of the undertaking”. However, apart from the case of accidents, this provision does not specify the exceptional circumstances that might justify requiring additional hours of work. The Committee requests the Government once again to provide more details on this point, so that it might determine whether, apart from the case of accidents duly mentioned, the exceptional circumstances referred to under section 38 of the Labour Act fulfil the conditions set by Article 3 of the Convention.

Article 5. Averaging of hours of work. The Committee recalls that section 34(b) of the Labour Act allows for the average number of hours of work to be reckoned over a period of four weeks, without limiting this possibility to exceptional cases in which it is recognized that the limits of eight hours in the day and 48 hours in the week cannot be applied, as provided in Article 5 of the Convention. Furthermore, the granting of exceptions in application of this Article of the Convention is conditional upon the conclusion of an agreement between employers’ and workers’ organizations, and its approval under regulations adopted by the competent authority, which is not provided for under section 34(b) of the Labour Act. The Committee requests the Government once again to take the necessary measures to restrict the application of section 34(b) of the Labour Act to the cases envisaged by the Convention and to make it conditional upon the conclusion of an agreement between employers’ and workers’ organizations, approved by the competent authority. It further notes that section 34(c) of the Labour Act still allows for the averaging of hours of work over a period of one year in enterprises with a seasonal activity, without other conditions. The Committee requests the Government once again to take measures to bring the introduction of such a scheme averaging hours of work under regulations adopted by the competent national authority, made after consultation with the employers’ and workers’ organizations concerned.

Article 6(1)(b) and (2). Temporary exceptions. The Committee noted that, in its report, the Government had referred to the provisions of section 35(3)(b) of the Labour Act, under which workers may be compelled to work overtime, in particular in cases of emergency, in order to prevent threats against life and property. It nevertheless draws the Government’s attention to the fact that its previous comments on the application of Article 6(1)(b) and (2), of the Convention referred to section 35(3)(a) of the Labour Act, under which workers could also be compelled to perform overtime hours if they were employed in enterprises the very nature of which required overtime in order to be viable. The Committee requests the Government once again to provide information on the enterprises covered by this provision, to indicate whether the possibility of demanding workers to do overtime is limited to exceptional cases of pressure of work and to specify if legislative provisions establish the maximum number of additional hours of work authorized in each case. Finally, the Committee draws the Government’s attention once again to the fact that the wage rate for additional hours has to be increased by not less than 25 per cent of the regular wage, whereas section 35(2) of the Labour Act only provides that the enterprise has to have fixed rates of pay for overtime work, without establishing the minimum rate. The Committee requests the Government once again to indicate the measures adopted or envisaged to ensure compliance with the increased rate of pay prescribed by the Convention.

Article 8(1). Posting of hours of work and record of additional hours. The Committee had noted that, according to the Government, hours of work are usually fixed by the rules of each enterprise. The Committee requests the Government to indicate whether, if there are no such provisions in the enterprise rules, employers are bound – and in which manner – to inform their employees of the hours of work. The Government is also asked to specify whether employers are required to keep records of additional hours worked by their employees.

Article 8(2). Employment of a person outside the hours fixed. The Committee requests the Government once again to indicate whether legal provisions stipulate that employing a person outside the hours fixed or during rest periods is considered an offence, as stipulated by this provision of the Convention.