Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Ghana (Ratification: 1959)

Articles 1 and 3 of the Convention. Adequate protection against anti-union discrimination. In its previous observation, the Committee requested the Government to provide detailed information on the nature and outcome of the inquiries carried out into a series of allegations of anti-union discrimination made by the International Trade Union Confederation (ITUC) in 2009 and 2011. The Committee notes that the Government indicates that after an investigation, the allegations were considered to be unfounded. It briefly indicates that the investigation showed that an employer refused to allow its workers to unionise, which created a misunderstanding between the workers and the employer. However, the situation was settled amicably and the workers have been unionised ever since. The Government added that there have been no discrimination problems in the country. The Committee takes due note of the information provided by the Government concerning one specific case of alleged anti-union discrimination. Highlighting that the absence of anti-union discrimination complaints may be due to reasons other than an absence of anti-union discrimination acts and recalling the allegations raised by the ITUC concerned a series of different instances, the Committee requests the Government to take the necessary measures to ensure that, on the one hand, the competent authorities take fully into account in their control and prevention activities the issue of anti-union discrimination, and that on the other hand, the workers in the country are fully informed of their rights regarding this issue. The Committee requests the Government to provide information on measures taken in this regard, as well as any statistics concerning the anti-union discrimination acts reported to the authorities and the decisions taken in this respect.

Article 4. Collective bargaining certification. In its previous comments, the Committee requested the Government to indicate the procedure to be followed in the event that no consensus is reached by all the stakeholders concerning the mode of verification and venue of elections for the determination of the most representative union. The Committee notes that the Government indicates that if consensus is not reached, the National Labour Commission (NLC) decides on the matter. While noting that section 10(3) of the Labour Regulations, 2007 does not provide the procedure to be followed by the NLC, the Committee recalls that the criteria to be applied to determine the representative status of organizations for the purpose of bargaining must be objective, pre-established and precise so as to avoid any opportunity for partiality or abuse (see the 2012 General Survey on the fundamental Conventions, paragraph 228). The Committee therefore requests the Government, after consulting the representative organizations of workers and employers, to take the necessary legislative or regulatory initiatives so as to ensure that the procedure concerning the mode of verification and venue of elections for the determination of the most representative union fully complies with the Convention. The Committee requests the Government to provide information in this respect.

Article 5. Prison staff. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that prison staff enjoyed the right to organize and bargain collectively whether through an amendment to the Labour Act or other legislative means. The Committee takes due note of the Government’s indication that it is examining the revision of the Labour Act in tripartite consultations. The Committee hopes that the Government and the social partners will reach an agreement to amend the legislation along the lines that the Committee has been suggesting for years. The Committee requests the Government to provide any information on the results of the consultative process in the near future. The Committee reminds the Government that it may avail itself of the technical assistance from the Office.

Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements signed and in force in the country and to indicate the sector and the number of workers covered.