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1. Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information provided in the Government’s report for the period ending September 2008 containing replies to its 2006 observation. The Government indicates that the Growth and Poverty Reduction Strategy II is the current blueprint for growth, poverty reduction and human resources development. It seeks to effect structural transformation of the economy in the long term so as to accelerate economic growth on a sustainable basis while reducing poverty. In this regard, the Government indicates that it established in 1998, with the African Development Bank and the OPEC Fund for International Development, the Social Investment Fund to mitigate the effects of the economic structural adjustment programme. The Social Investment Fund has had an impact on 1 million people since its establishment, by providing for skills development, building schools in rural areas, and providing microcredit facilities to applicants, of whom 80 per cent were women. Furthermore, the Government indicates that it has set up a Livelihood Empowerment Against Poverty (LEAP) programme in March 2008, which seeks to assist 3,200 households in 21 selected districts. The programme provides for selected households to benefit from a minimum of 8 cedis (GHS) and a maximum of GHS15 during the payment period. The programme is being implemented by the Department of Social Welfare under the Ministry of Manpower, Youth and Employment. The Committee requests the Government to continue to provide information on the application of the Convention, including such information which will enable it to examine the manner in which it is ensured that “the improvement of standards of living” has been regarded as “the principle objective in the planning of economic development” (Article 2). Please also provide information on the progress made towards achieving the objectives of the Growth and Poverty Reduction Strategy II, and to provide further information on the progress made in implementing the LEAP programme and the results thereof.

2. Part IV. Remuneration of workers. Advances on wages. In response to the Committee’s previous comments, the Government indicates that the Labour Department, through its Labour Inspectorate, ensures that remuneration is executed on a regular basis so as to lessen the likelihood of indebtedness among the workers. In this regard, the Government indicates that section 124(e) of the 2003 Labour Act provides total protection of remuneration in law and in practice and for the inspection of conditions and terms of employment. Furthermore, the Government indicates that measures are in place to prohibit the replacement of cash payments with alcoholic beverages and to ensure that food, lodging and other essential supplies and services provided, which form part of the remuneration, are adequate. Such measures are enforced through labour inspections, further to section 67 of the Labour Act which states that “the whole of the salary, wages and allowances of the worker shall be made payable in legal tender in addition to any non-cash remuneration and accordingly, a contract of employment that contains provisions to the contrary is void”. The Government also indicates that the Labour Inspectorate addresses the maximum amount of repayment of advances authorized and the limit of advances made to a worker in consideration of his taking up employment. The Committee asks the Government to provide more practical information on the manner in which the Labour Inspectorate ensures that full effect is given to the pending issues covered by Article 11(4), (6) and (7); and Article 12(2) and (3).

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1. Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report, received in October 2005, containing information on the implementation of the Ghana Poverty Reduction Strategy (GPRS), which aims at developing infrastructures, modernizing agriculture, focusing mostly on rural development, and increasing the funds assigned to education and health. It notes with interest the lowering of the lending interest rates in 2005, from 35 to 15 per cent, which encourages the creation of small and medium enterprises. The Government indicates that it is implementing a soft credit scheme to boost the creation of small and medium enterprises, with no need to provide collateral and with lower interest rates. The Committee notes that it is the National Tripartite Committee that determines the national daily minimum wage and ensures, together with collective bargaining, a minimum standard of living, taking into account essential family needs (Article 5 of the Convention). It further notes the Presidential Special Initiative that encourages farmers to stay in rural areas by implementing low-cost housing and by constructing roads in cocoa and agricultural regions. The Ministry of Food and Agriculture is also allocating funds for the cultivation and processing of sunflowers for export to create more employment (Article 3). The Committee asks the Government to continue providing information in its next report on the measures taken to ensure that the general principles and basic aims of the Convention remain a key component of its poverty reduction strategy.

2. Part IV. Remuneration of workers. In relation to its previous comments, the Committee notes with interest the adoption of the Labour Act of 2003 and, more particularly, section 67, which provides that the employer must pay the whole of the salary, wages and allowances to the worker in legal tender, which obligation has to be stated in the working contract, in conformity with Article 11, paragraphs 2, 3 and 8(a) of the Convention. It also notes section 71 of the Labour Act, which prohibits the employer to coerce the worker to make use of the store or service, and section 69 of the Labour Act that stipulates that an employer shall not make deduction in anticipation of the regular period of payment of remuneration, in conformity with Article 11, paragraphs 5, 8(b) and (c), of the Convention, respectively. The Convention further requires that necessary measures have to be taken to ensure the proper payment of all wages earned and stipulates in Article 11, paragraph 1, that the employer shall be required to keep registers of wage payments. The Committee therefore asks the Government to indicate, in its next report, what measures are envisaged or taken to ensure the proper payment of the workers, namely ones ensuring that the payment of remuneration is done on a regular basis so as to lessen the likelihood of indebtedness among the workers (Article 11, paragraph 6). It would also be grateful if the Government would indicate the measures in place or envisaged to prohibit the replacement of money payment by alcoholic beverage and to ensure that food, lodging and other essential supplies and services provided which from part of the remuneration are adequate (Article 11, paragraphs 4 and 7).

3. Advances on wages. The Committee notes that section 70(b) of the Labour Act allows the employer to make deductions on any financial facility he advanced to the worker at the written request of the worker, or which is guaranteed by the employer to the worker. The Committee asks the Government to provide further information on the maximum amount of repayment of advances authorized, as well as on the limit of advances made to a worker in consideration of his taking up employment, as required by Article 12, paragraphs 2 and 3.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Further to its previous comments the Committee takes note of the Government’s indication that it recognizes the need to give legal backing to practice as regards remuneration of workers. The Committee notes that the National Advisory Committee on Labour has recommended that the Attorney-General’s attention be drawn to the above stated lapses for the relevant sections of Labour Decree No. 1967 NLCD 157, namely sections 53, 54 and 55, to be amended to ensure conformity with Articles 11 (to pay wages directly to the worker, to prohibit the payment of wages in stores, to pay wages at regular intervals) and 12 of the Convention (to take measures to regulate advances on wages). The Committee hopes that the Government’s next report will state that the legislation has been amended to bring the legislation into conformity with national practice and with the Convention on these issues.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous direct request which read as follows:

Further to its previous comments the Committee takes note of the Government’s indication that it recognizes the need to give legal backing to practice as regards remuneration of workers. The Committee notes that the National Advisory Committee on Labour has recommended that the Attorney-General’s attention be drawn to the above stated lapses for the relevant sections of Labour Decree No. 1967 NLCD 157, namely sections 53, 54 and 55, to be amended to ensure conformity with Articles 11 (to pay wages directly to the worker, to prohibit the payment of wages in stores, to pay wages at regular intervals) and 12 of the Convention (to take measures to regulate advances on wages). The Committee hopes that the Government’s next report will state that the legislation has been amended to bring the legislation into conformity with national practice and with the Convention on these issues.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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Further to its previous comments the Committee takes note of the Government's indication that it recognizes the need to give legal backing to practice as regards remuneration of workers. The Committee notes that the National Advisory Committee on Labour has recommended that the Attorney-General's attention be drawn to the above stated lapses for the relevant sections of the Labour Decree No. 1967 NLCD 157, namely sections 53, 54 and 55, to be amended to ensure conformity with Articles 11 (to pay wages directly to the worker, to prohibit the payment of wages in stores, to pay wages at regular intervals) and 12 of the Convention (to take measures to regulate advances on wages). The Committee hopes that the Government's next report will state that the legislation has been amended to bring the legislation into conformity with national practice and with the Convention on these issues.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Remuneration of workers

Article 11 of the Convention. The Committee recalls that, although sections 53, 54 and 55 of Labour Decree (No. 157) contain various provisions for the protection of wages, there are no specific provisions to make it compulsory to issue to workers statements of wage payments, to pay wages directly to the worker, to prohibit the payment of wages in stores or to make it compulsory to pay wages at regular intervals, as required by paragraphs 1, 3, 5 and 6 of Article 11 of the Convention.

The Committee notes the Government's indication that these provisions of the Convention are applied in practice and that it intends to take the necessary measures to bring the Labour Decree (No. 157) and the Labour Regulations (Legislative Instrument 632) into conformity with the Convention on these points. The Committee requests the Government to indicate the progress made in this regard.

Article 12. The Committee notes the indication in the Government's report that the tripartite National Advisory Committee on Labour has been addressing other important matters but would nevertheless examine the Committee of Experts' concerns including its comments on this Article of the Convention. The Committee hopes that the Government will soon be able to bring the national legislation into conformity with this Article of the Convention which requires that measures be taken to regulate advances on wages.

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Remuneration of workers

Article 11 of the Convention. The Committee recalls that, although sections 53, 54 and 55 of Labour Decree (No. 157) contain various provisions for the protection of wages, there are no specific provisions to make it compulsory to issue to workers statements of wage payments, to pay wages directly to the worker, to prohibit the payment of wages in stores or to make it compulsory to pay wages at regular intervals, as required by paragraphs 1, 3, 5 and 6 of Article 11 of the Convention.

The Committee notes the Government's indication that these provisions of the Convention are applied in practice and that it intends to take the necessary measures to bring the Labour Decree (No. 157) and the Labour Regulations (Legislative Instrument 632) into conformity with the Convention on these points. The Committee requests the Government to indicate the progress made in this regard.

Article 12. The Committee notes the indication in the Government's report that the tripartite National Advisory Committee on Labour has been addressing other important matters but would nevertheless examine the Committee of Experts' concerns including its comments on this Article of the Convention. The Committee hopes that the Government will soon be able to bring the national legislation into conformity with this Article of the Convention which requires that measures be taken to regulate advances on wages.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Article 11 of the Convention. The Committee points out that the following provisions are not sufficient to give effect to Article 11, paragraph 1, of the Convention: Section 31(1)(e), respecting clerical workers, of Labour Decree No. 157, which provides that every contract shall contain the rate of remuneration and the method of calculation thereof, the manner and time of payment of the remuneration, the advances of remuneration, if any, and the manner of payment of such advances; section 48(1)(g) of the above Decree, which provides that the employer may be required to produce any pay sheets or whatsoever document relating to the employment of any of his workers; nor section 17 of Legislative Instrument 632, which provides that every employer who employs persons to whom a minimum remuneration order applies shall keep a record of the remuneration paid to the persons concerned. Article 11, paragraph, 1 of the Convention includes among its provisions that measures shall be taken to issue to workers statements of wage payments. Furthermore, although sections 53, 54 and 55 of Labour Decree No. 157 admittedly contain various provisions for the protection of wages, there are no specific provisions to make it compulsory to pay wages direct to the worker, to prohibit the payment of wages in stores or to make it compulsory to pay wages at regular intervals, as required by paragraphs 3, 5 and 6 of Article 11 of the Convention.

The Committee recalls that in the comment that it made in 1983 it noted the Government's intention to take the necessary measures to bring Labour Decree No. 157 into conformity with the Convention on these points. At that time, the Committee pointed out that, even if difficulties arose as regards the amendment of the Labour Decree in the near future, all the above points could be covered by amending the Labour Regulations, Legislative Instrument 632, along the lines discussed with the regional adviser in 1981. The Committee therefore requests the Government to indicate the measures that it intends to take in order to bring the national legislation into conformity with this Article of the Convention.

Article 12. The Committee noted the explanations provided previously by the Government concerning the provisions of Labour Decree No. 157 which, in its opinion, give effect to this Article. The Committee once again points out that this Article of the Convention requires that measures be taken to regulate advances on wages. The Committee therefore hopes that the Government will take the necessary measures to bring the national legislation into conformity with this Article of the Convention, taking into account the fact that the Government itself indicated in previous reports that measures will be taken to this effect. It requests the Government to inform it of the measures that have been taken in this respect.

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With reference to its previous comments, the Committee notes the detailed explanations provided by the Government on the matters raised in its previous comments.

Article 11 of the Convention. The Committee points out that the following provisions are not sufficient to give effect to Article 11, paragraph 1, of the Convention: section 31(1)(e), respecting clerical workers, of Labour Decree No. 157, which provides that every contract shall contain the rate of remuneration and the method of calculation thereof, the manner and time of payment of the remuneration, the advances of remuneration, if any, and the manner of payment of such advances; section 48(1)(g) of the above Decree, which provides that the employer may be required to produce any pay sheets or whatsoever document relating to the employment of any of his workers; nor section 17 of Legislative Instrument 632, which provides that every employer who employs persons to whom a minimum remuneration order applies shall keep a record of the remuneration paid to the persons concerned. Article 11, paragraph, 1 of the Convention includes among its provisions that measures shall be taken to issue to workers statements of wage payments. Furthermore, although sections 53, 54 and 55 of Labour Decree No. 157 admittedly contain various provisions for the protection of wages, there are no specific provisions to make it compulsory to pay wages direct to the worker, to prohibit the payment of wages in stores or to make it compulsory to pay wages at regular intervals, as required by paragraphs 3, 5 and 6 of Article 11 of the Convention.

The Committee recalls that in the comment that it made in 1983 it noted the Government's intention to take the necessary measures to bring Labour Decree No. 157 into conformity with the Convention on these points. At that time, the Committee pointed out that, even if difficulties arose as regards the amendment of the Labour Decree in the near future, all the above points could be covered by amending the Labour Regulations, Legislative Instrument 632, along the lines discussed with the regional adviser in 1981. The Committee therefore requests the Government to indicate the measures that it intends to take in order to bring the national legislation into conformity with this Article of the Convention.

Article 12. The Committee notes the explanations provided by the Government concerning the provisions of Labour Decree No. 157 which, in its opinion, give effect to this Article. The Committee once again points out that this Article of the Convention requires that measures be taken to regulate advances on wages. The Committee therefore hopes that the Government will take the necessary measures to bring the national legislation into conformity with this Article of the Convention, taking into account the fact that the Government itself indicated in previous reports that measures will be taken to this effect. It requests the Government to inform it of the measures that have been taken in this respect.

The Committee also notes the information communicated by the FAO in its letter of 25 February 1991.

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The Committee has noted the comments of the Government and notes its intention of having the national laws examined by a competent tripartite body. The Committee hopes that the necessary measures will shortly be adopted and that its comments on Articles 11 and 12 of the Convention, which were considered in greater detail in the direct request of 1983, will be taken into account. It asks the Government to inform it of any progress made.