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

Maternity Protection Convention (Revised), 1952 (No. 103) - Ghana (Ratification: 1986)

Article 3(2) and (3) of the Convention. Compulsory maternity leave. In its previous comment, the Committee asked the Government to ensure that the Labour Act of 2003 provided for a period of compulsory leave of at least six weeks following childbirth, pursuant to Article 3(3) of the Convention. The Government indicates in its report that section 57 of this Act provides for 12 weeks of maternity leave, the whole period of which is compulsory. The Committee recalls that the Act should provide specifically for compulsory maternity leave of six weeks after childbirth, including in cases where maternity leave begins more than six weeks before the date of childbirth. Please specify the legal provision which expressly establishes a period of compulsory leave after childbirth of at least six weeks pursuant to Article 3(3).

Article 3(4). Extension of maternity leave in the event of late childbirth. The Committee notes the Government’s reference to the possibility of extending maternity leave in the event of multiple births or illness as a result of childbirth, but not to the possibility of extending leave in the event of late childbirth. The Committee therefore once again requests the Government to take the necessary measures to include in section 57 of the Labour Act a provision establishing an extension of prenatal leave until the actual date of childbirth when the birth takes place after the expected date without any corresponding reduction of the period of compulsory maternity leave.

Article 4(4) and (8). Cash benefits. In its previous comment, the Committee requested the Government to take measures to ensure, in the Labour Act of 2003, that cash maternity benefits are provided by means of compulsory social insurance or out of public funds and not paid by the employers in the public and private sectors. As the Government’s report does not provide any information in this respect, the Committee once again requests the Government to take measures in order to ensure that cash maternity benefits are provided by means of compulsory social insurance or out of public funds.

Article 6. Prohibition to give notice of dismissal during the protected period or to give notice of dismissal at such a time that the notice would expire during the protected period. The Committee notes the Government’s indication that the Committee’s concerns regarding the amendment of sections 57(8) and 63(2)(c) of the Labour Act are being considered. The Committee hopes that these provisions will be amended shortly in order to prohibit notification of dismissal during the protected period or at such a time that the notice would expire during the protected period.