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Repetition The Committee notes the comments of the International Trade Union Confederation (ITUC) dated 4 August 2011, particularly concerning a 2008 decision of the Accra High Court to the effect that employers could hire and fire without giving any reasons for the termination of employment and that some employers are using this ruling to get rid of unionists. The Committee had also previously noted the comments made by the ITUC in 2009 concerning the persistent refusal of some employers to the unionization of their employees in export processing zones, a current dispute concerning unionization in the export processing zones pending before the National Labour Commission and instances of anti-union discrimination. The Committee requests the Government to respond to all these comments of the ITUC.Prison staff. In several of its previous comments, the Committee had requested the Government to take the necessary legislative measures to ensure that prison service staff enjoys the right to organize and bargain collectively. The Committee noted that the Government indicated that the Ghana Prison Service is a state agency classified under the security and intelligence agencies which derived its mandate from the Security and Intelligence Agencies Act, 1996 (Act 526). The Committee further noted that the Government indicated that the concerns raised by the Committee had been communicated to the competent authorities. Recalling once again that the Convention’s guarantees apply to prison service staff, the Committee once again requests the Government to take the necessary measures to amend the Labour Act, so as to ensure that prison service staff expressly enjoy the right to organize and to collective bargaining, and to provide information on any measures taken or contemplated in this regard.Collective bargaining certification. The Committee had previously noted that sections 99–100 of the Labour Act, 2003, regulate the issue of trade union recognition for collective bargaining purposes by providing that the Chief Labour Officer shall issue, upon request by a trade union, a certificate appointing that trade union as the appropriate representative to conduct negotiations on behalf of the class of workers specified in the collective bargaining certificate. The Committee further noted that under section 99(4), the Chief Labour Officer appeared to have full discretion to decide which trade union to grant recognition to, in situations where more than one trade union existed at the workplace, and that the criteria upon which this decision should be based were not specified. The Committee also noted that the Government indicated that in this situation, the Chief Labour Officer would consult with both trade unions to undertake verification to determine which union is to be issued a bargaining certificate. In these circumstances, the Committee once again recalled that when national legislation provides for a compulsory procedure for recognizing unions as exclusive bargaining agents, certain safeguards should be attached, such as: (a) the certification to be made by an independent body; (b) the representative organization to be chosen by a majority vote of the employees in the unit concerned; (c) the right of an organization, which in a previous trade union election failed to secure a sufficiently large number of votes, to request a new election after a stipulated period; and (d) the right of any new organization other than the certified organization to demand a new election after a reasonable period has elapsed (see the General Survey on freedom of association and collective bargaining, 1994, paragraph 240). The Committee once again requests the Government to take measures to adopt the appropriate regulations establishing procedures and objective criteria concerning the Chief Labour Officer’s competence to determine which union shall hold a collective bargaining certificate, in keeping with the abovementioned principle, and to provide information on developments in this regard.
The Committee notes the comments of the International Trade Union Confederation (ITUC) dated 26 August 2009, particularly concerning the persistent refusal of some employers to the unionization of their employees in export processing zones, a current dispute concerning unionization in the export processing zones pending before the National Labour Commission and instances of anti-union discrimination. The Committee requests the Government to respond to the comments of the ITUC.
Prison staff. In several of its previous comments, the Committee had requested the Government to take the necessary legislative measures to ensure that prison service staff enjoy the right to organize and bargain collectively. The Committee notes that the Government’s report indicates that the Ghana Prison Service is a state agency classified under the security and intelligence agencies which derived its mandate from the Security and Intelligence Agencies Act, 1996 (Act 526). The Committee notes that the Government’s report once again indicates that the concerns raised by the Committee have been communicated to the competent authorities. Recalling once again that the Convention’s guarantees apply to prison service staff, the Committee once again requests the Government to take the necessary measures to amend the Labour Act, so as to ensure that prison service staff expressly enjoy the right to organize and to collective bargaining, and to provide information on any measures taken or contemplated in this regard.
Collective bargaining certification. The Committee had previously noted that sections 99–100 of the Labour Act, 2003, regulate the issue of trade union recognition for collective bargaining purposes by providing that the Chief Labour Officer shall issue, upon request by a trade union, a certificate appointing that trade union as the appropriate representative to conduct negotiations on behalf of the class of workers specified in the collective bargaining certificate. The Committee further noted that under section 99(4), the Chief Labour Officer appeared to have full discretion to decide which trade union to grant recognition to, in situations where more than one trade union existed at the workplace, and that the criteria upon which this decision should be based were not specified. The Committee notes that the Government, in its report, indicates that in this situation, the Chief Labour Officer will consult with both trade unions to undertake verification to determine which union is to be issued a bargaining certificate. In these circumstances, the Committee once again recalls that when national legislation provides for a compulsory procedure for recognizing unions as exclusive bargaining agents, certain safeguards should be attached, such as: (a) the certification to be made by an independent body; (b) the representative organization to be chosen by a majority vote of the employees in the unit concerned; (c) the right of an organization, which in a previous trade union election failed to secure a sufficiently large number of votes, to request a new election after a stipulated period; and (d) the right of any new organization other than the certified organization to demand a new election after a reasonable period has elapsed (see the General Survey of 1994 on freedom of association and collective bargaining, paragraph 240). The Committee once again requests the Government to take measures to adopt the appropriate regulations establishing procedures and objective criteria concerning the Chief Labour Officer’s competence to determine which union shall hold a collective bargaining certificate, in keeping with the abovementioned principle, and to provide information on developments in this regard.
The Committee notes the Government’s report. It further notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication of 29 August 2008; the ITUC’s comments primarily refer to legislative matters previously raised by the Committee.
Prison staff. Previously, the Committee had requested the Government to take the necessary legislative measures to ensure that prison service staff enjoy the right to organize and bargain collectively. The Committee notes the Government’s statement that this request has been communicated to the Sector Minister for due consideration. Recalling that the Convention’s guarantees apply to prison service staff, the Committee once again requests the Government to take the necessary measures to amend the Labour Act, so as to ensure that prison service staff expressly enjoy the right to organize and to collective bargaining, and to provide information on developments in this regard.
Collective bargaining certification. The Committee had previously noted that sections 99–100 of the Labour Act, 2003, regulate the issue of trade union recognition for collective bargaining purposes by providing that the Chief Labour Officer shall issue, upon request by a trade union, a certificate appointing that trade union as the appropriate representative to conduct negotiations on behalf of the class of workers specified in the collective bargaining certificate (section 99). Further noting that under section 99(4), the Chief Labour Officer appeared to have full discretion to decide which trade union to grant recognition to, in situations where more than one trade union existed at the work place, and that the criteria upon which this decision should be based were not specified, the Committee requested the Government to provide information on any regulations adopted or envisaged under section 99 of the Labour Act with a view to setting up procedures and criteria relevant to the Chief Labour Officer’s competence to determine which union shall hold a collective bargaining certificate.
The Committee notes with regret that the Government provides no indications in respect of the abovementioned relevant criteria, but rather limits itself to repeating the provisions of section 99 of the Labour Act, 2003. In these circumstances, the Committee once again recalls that in cases in which a system of “compulsory” recognition has been established, where the employer must recognize the existing trade union(s) under certain conditions, it is important for the determination of the trade union in question to be based on objective and pre-established criteria so as to avoid any opportunity for partiality or abuse. Furthermore, when national legislation provides for a compulsory procedure for recognizing unions as exclusive bargaining agents, certain safeguards should be attached, such as: (a) the certification to be made by an independent body; (b) the representative organization to be chosen by a majority vote of the employees in the unit concerned; (c) the right of an organization, which in a previous trade union election failed to secure a sufficiently large number of votes, to request a new election after a stipulated period; and (d) the right of any new organization other than the certified organization to demand a new election after a reasonable period has elapsed (see the General Survey of 1994 on freedom of association and collective bargaining, paragraph 240). The Committee requests the Government to take measures to adopt the appropriate regulations establishing procedures and objective criteria concerning the Chief Labour Officer’s competence to determine which union shall hold a collective bargaining certificate, in keeping with the abovementioned principle, and to provide information on developments in this regard.
The Committee notes that the Government’s report has not been received. It further notes the comments submitted by the International Trade Union Confederation (ITUC).
The Committee had previously taken note of the comments submitted by the ITUC in 2006, which referred to acts of anti-union discrimination in many companies. The Committee notes the Government’s statement, in its reply to the ITUC’s 2006 comments, that it has received no reports of complaints of anti-union discrimination and that the legislation provides adequate protection, including sanctions, against such acts.
Prison staff. The Committee notes the Government’s indication in the Convention No. 87 report that while no legal provisions set forth the right to organize of prison staff, prison service staff have formed an association to protect and promote their interests. In these circumstances, the Committee requests the Government to amend the Labour Act so as to ensure that prison service staff expressly enjoy the right to organize and to collective bargaining.
Collective bargaining certification. Finally, the Committee had previously noted that sections 99–100 of the Labour Act, 2004, regulate the issue of trade union recognition for collective bargaining purposes by providing that the Chief Labour Officer shall issue, upon request by a trade union, a certificate appointing that trade union as the appropriate representative to conduct negotiations on behalf of the class of workers specified in the collective bargaining certificate (section 99). The Chief Labour Officer shall, subject to regulations made by the minister, determine which union shall hold a collective bargaining certificate in a situation where there is more than one trade union at the workplace (section 99(4)), and may issue an amending certificate after consultation with the trade union named in the certificate and the appropriate employers’ organization (section 100).
It seems to the Committee that the Chief Labour Officer has full discretion to decide whether to grant recognition to a trade union and that the criteria upon which this decision should be based are not specified. The Committee considers that in cases in which a system of “compulsory” recognition has been established, where the employer must recognize the existing trade union(s) under certain conditions, it is important for the determination of the trade union in question to be based on objective and pre-established criteria so as to avoid any opportunity for partiality or abuse. Furthermore, when national legislation provides for a compulsory procedure for recognizing unions as exclusive bargaining agents, certain safeguards should be attached, such as: (a) the certification to be made by an independent body; (b) the representative organization to be chosen by a majority vote of the employees in the unit concerned; (c) the right of an organization, which in a previous trade union election failed to secure a sufficiently large number of votes, to request a new election after a stipulated period; and (d) the right of any new organization other than the certified organization to demand a new election after a reasonable period has elapsed (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 240). Noting also that the comments submitted by the ITUC refer to the refusal to grant trade union recognition in two enterprises, the Committee requests the Government to provide information on any regulations adopted or envisaged under section 99 of the Labour Act with a view to setting up procedures and criteria relevant to the Chief Labour Officer’s competence to determine which union shall hold a collective bargaining certificate.
The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) of 10 August 2006, referring to the denial of the right to collective bargaining for workers in the prison services, who are excluded from the right of association in the same way as workers in the intelligence services, and to acts of anti-union discrimination in many companies. The Committee notes the recent reply from the Government, which will be examined at its next session.
The Committee also requests the Government, in the context of the regular reporting cycle, to provide its observations for the Committee’s next session (November-December 2007) on all of the issues relating to legislation and the application of the Convention in practice raised in its previous direct request in 2005 (see 2005 direct request, 76th Session).
The Committee notes the Government’s report.
Article 4 of the Convention. Measures to encourage and promote the development of voluntary negotiation between employers’ and workers’ organizations. The Committee notes that sections 99-100 of the Labour Act, 2004, regulate the issue of trade union recognition for collective bargaining purposes by providing that the Chief Labour Officer shall issue, upon request by a trade union, a certificate appointing that trade union as the appropriate representative to conduct negotiations on behalf of the class of workers specified in the collective bargaining certificate (section 99); the Chief Labour Officer shall, subject to regulations made by the Minister, determine which union shall hold a collective bargaining certificate in a situation where there is more than one trade union at the workplace (section 99(4)); the Chief Labour Officer may issue an amending certificate after consultation with the trade union named in the certificate and the appropriate employers’ organization (section 100).
It seems to the Committee that the Chief Labour Officer has full discretion to decide whether to grant recognition to a trade union and that the criteria upon which this decision should be based are not specified. The Committee considers that in cases in which a system of "compulsory" recognition has been established, where the employer must recognize the existing trade union(s) under certain conditions, it is important for the determination of the trade union in question to be based on objective and pre-established criteria so as to avoid any opportunity for partiality or abuse. Furthermore, when national legislation provides for a compulsory procedure for recognizing unions as exclusive bargaining agents, certain safeguards should be attached, such as: (a) the certification to be made by an independent body; (b) the representative organization to be chosen by a majority vote of the employees in the unit concerned; (c) the right of an organization, which in a previous trade union election failed to secure a sufficiently large number of votes, to request a new election after a stipulated period; and (d) the right of any new organization other than the certified organization to demand a new election after a reasonable period has elapsed (see General Survey, op. cit., paragraph 240). The Committee requests the Government to provide information on any regulations adopted or envisaged under section 99 of the Labour Act with a view to setting up procedures and criteria relevant to the Chief Labour Officer’s competence to determine which union shall hold a collective bargaining certificate.
The Committee notes the Government’s report containing information on the Labour Act, 2004, which entered into force on 31 March 2004 and notes with interest that this legislation, adopted following ILO technical assistance, takes largely into account the provisions contained in the Convention.
The Committee addresses a request on another point directly to the Government.
The Committee notes the information supplied by the Government in its report. The Committee recalls its previous comments which referred to the need to repeal the 1985 Provisional National Defence Council (PNDC) Law 125, section 2 of which prohibits the application of the collective agreement to the Ghana Cocoa Board in cases where the Board decides to declare workers redundant for economic reasons, and section 3 of which cancels the provisions of collective agreements with respect to redundancy awards in the case of redundancies declared for economic reasons.
The Committee notes with satisfaction that the Government indicates in its report that the 1985 (PNDC) Law 125 has been repealed by the Statute Law Revision Act, 1996 (Act No. 516).
The Committee notes with regret that the Government's report has not been received. Recalling that its previous comments concerned the 1985 Provisional National Defence Council (PNDC) Law 125, section 2 of which prohibits the application of the collective agreement to the Ghana Cocoa Board in cases where the Board decides to declare workers redundant for economic reasons, and section 3 of which cancels the provisions of collective agreements with respect to redundancy awards in the case of redundancies declared for economic reasons, the Committee asks the Government to indicate whether the law in question, has in fact now been repealed and, if not, to take the necessary measures to see that this is done. The Committee asks the Government to keep it informed in this respect.
The Committee hopes that the Government will do all in its power to take the necessary measures in the very near future.
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
With reference to the Ghana Trades Union Congress's (TUC) observations on the redundancies which took place at the Ghana Cocoa Board under the terms of the Ghana Cocoa Board (Re-organization and Indemnity) Law, 1985 Provisional National Defence Council (PNDC) Law 125, the Committee notes the Government's statement that action has been initiated to repeal the law in question. This process, however, entails submission of a cabinet memorandum and the eventual submission of a draft bill to Parliament which has the responsibility for repeal of legislation. The Committee would request the Government to provide it with the text of the repealing legislation once the process described above has been completed.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes the observations of the Ghana Trades Union Congress (TUC) and the reply of the Government thereto.
1. In its communication concerning certain restrictions on bargaining of wages and salaries in subsidized (publicly financed) organizations, the TUC states that in order to narrow the disparities between civil service salaries and those of public sector agencies, the Government issued Circular No. B.2/93 which introduced a freeze on salaries and wages in subsidized organizations which employ union members with collective bargaining rights. The Committee notes the TUC's statement that subsidized organizations are not civil service establishments and that the right of their employees to bargain collectively and freely becomes frustrated by this directive. The Government states that the above-mentioned Circular was not aimed at stopping negotiations on wages and salaries. The Circular was issued to enable the Government time to study an impending report of a Salaries Commission on salary relativities; however, steps have been taken since then to withdraw the said Circular.
The Committee notes the above information and would recall that since Article 6 of Convention No. 98 only allows public servants engaged in the administration of the State to be excluded from its scope, other categories should enjoy the guarantees of the Convention and therefore be able to negotiate collectively their conditions of employment, including wages (see 1994 General Survey on Freedom of Association and Collective Bargaining, paragraph 262).
2. In its communication relating to redundancies in the cocoa industry, the TUC explains that section 2 of the Provisional National Defence Council (PNDC) Law 125 outlaws collective bargaining within the Ghana Cocoa Board in cases where the Board decides to declare workers redundant, while section 3 sets aside provisions in existing collective agreements with respect to Redundancy Awards. By virtue of this law, 10,400 workers were declared redundant by the Cocoa Board in July 1993. Contrary to its own previous decision to pay two years' salary to redundant workers as severance pay, the Cocoa Board decided to reduce the award to six months' pay, even though other workers declared redundant in January 1993 were paid two years' award.
The Committee notes the Government's statement that agreement was reached to pay the severance award to the above-mentioned 10,400 workers based on an formula agreed between the Ghana Cocoa Board and the trade unions, and that payment has been made accordingly. It further notes that the Government is taking steps to repeal the law in question; it would request the Government to supply the repealing legislation.
The Committee notes the information supplied by the Government in its report.
With reference to the Ghana Trades Union Congress's (TUC) observations on the redundancies which took place at the Ghana Cocoa Board under the terms of the Ghana Cocoa Board (Re-organization and Indemnity) Law, 1985 Provisional National Defence Council (PNDC) Law 125, the Committee notes the Government's statement that action has been initiated to repeal the law in question. This process, however, entails submission of a cabinet memorandum and the eventual submission of a draft bill to Parliament which has the responsibility for repeal of legislation.
The Committee would request the Government to provide it with the text of the repealing legislation once the process described above has been completed.
The Committee takes note of two communications of the Ghana Trade Union Congress (TUC) relating to the application of the Convention with regard to certain restrictions on bargaining of wages and salaries in publicly financed organizations and on redundancy in the cocoa industry.
In view of the fact that the Government has not yet replied to the comments of the TUC, the Committee will deal with these questions at its next meeting once it has examined the Government's observations.
[The Government is asked to report in detail for the period ending 30 June 1994.]
The Committee notes the written information provided by the Government in reply to its previous direct request at the Conference Committee in 1989, to the effect that there are no accurate statistics of the number of collective agreements concluded, and the number of workers covered by these agreements, as the obligation by law to forward all collective agreements was not always complied with. However, the Government indicates that many collective agreements are negotiated at the level of the enterprise.
The Committee trusts that it will be possible for arrangements to be made to have such statistics compiled. Furthermore, it would be grateful if, in its future reports, the Government would provide information on the practical operation of the machinery to promote collective bargaining and on any difficulties encountered and steps taken to remedy them.