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Remuneration in the public sector. In its previous comments, the Committee requested the Government to indicate whether the Grievance Review Committee had dealt with any equal remuneration cases. The Committee notes from the Government’s report that this Committee will be set up by the Fair Wages and Salaries Commission to deal with complaints regarding remuneration. The Committee asks the Government to clarify whether the Grievance Review Committee has been established and is functioning and, if so, to provide information on its functions and activities with regard to equal remuneration between men and women for work of equal value, and on any wage discrimination cases it has addressed.

Article 2, paragraph 2(c). Collective agreements. The Committee once again asks the Government to provide information on the steps taken to ensure that provisions in collective agreements, such as those relating to certain benefits, do not discriminate on the ground of sex and that collective agreements reflect the principle of equal remuneration between men and women for work of equal value. The Government is also asked to provide examples of relevant collective agreements.

Article 3. Objective job evaluation. The Committee notes that, according to the Ghana Living Standards Survey published in September 2008 by the Ghana Statistical Service, on average, men receive higher earnings than women. The Committee once again asks the Government to supply information on the measures taken or envisaged to promote objective job evaluation methods in the private sector to eliminate pay discrimination, since this information was not, as indicated, attached to the Government’s report.

Article 4. Tripartite cooperation. The Committee notes from the Government’s report that the Government and workers’ and employers’ organizations take active steps to promote a better understanding and implementation of the principle of equal remuneration, through regular tripartite consultation in the framework of the National Tripartite Committee. Recalling the important role that the employers’ and workers’ organizations can play in promoting the principle of the Convention, the Committee asks the Government to provide details on the concrete steps and action undertaken by such organizations, including indications as to whether the issue of equal remuneration between men and women has been discussed within the National Tripartite Committee.

Part IV of the report form. Enforcement. Please continue to provide information on any decisions pursuant to section 68 of the Labour Act by courts, the National Labour Commission, or any other competent body, as well as on any violations identified by, or reported to, labour inspectors and the manner in which such discrimination cases were addressed.

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Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee had asked the Government to provide information on the progress made with a view to amending section 68 of the Labour Act 2003, which provides only for equal pay for equal work, so as to ensure full conformity with the principle of equal remuneration for work of equal value set out in the Convention. Section 10(b) of the Labour Act is expressed in the same terms. The Committee notes from the Government’s report that due to a change of government, the Committee’s comments in this respect are still being examined by the new Minister responsible for Labour. With reference to its previous comments and recalling its 2006 general observation on the principle of equal remuneration for work of equal value, the Committee trusts that the Government will take the necessary measures in the near future with a view to amending sections 10(b) and 68 of the Labour Act 2003 in order to give full legislative expression to the principle of the Convention.

Remuneration in the public sector. The Committee notes that the job evaluation exercise undertaken to determine the value of all public sector jobs, one of the objectives of which is to ensure that jobs within the same job value range are paid within the same pay range, was completed in April 2009. As a result, a single spine pay structure was adopted. The Committee also notes that the ultimate goal for the National Job Analysis and Evaluation Exercise, as set out in the briefing notes on the public sector pay policy attached to the Government’s report, “was to enable government to reward its employees in accordance with the principle of “equal pay for equal worth” consistent with article 24(1) of the 1992 Constitution of Ghana and section 10(b) of the Labour Act”. Both the Constitution and the Labour Act refer however to “equal pay for equal work”. The evaluation has been made on the basis of four main job factors (knowledge and skill, responsibility, working conditions and effort) which were subdivided into 13 sub-factors and it has used the point factor method. The Committee notes that during the consultative workshop held in May 2009 on the single spine pay policy, the Ministry of Employment and Social Affairs and the Ghana Trade Union Congress agreed that the policy should be implemented, as of 1 January 2010, while efforts are being made to address concerns and challenges that may arise from its implementation. It also notes that the unions and associations were to submit outstanding issues or concerns to the Fair Wages and Salaries Commission. The Committee asks the Government to ensure that the principle of equal remuneration for men and women for work of equal value will be duly taken into account and recognized as an explicit objective in the implementation of the public sector pay policy. It also asks the Government to provide information on the implementation process of this policy, including on the issues dealt with by the Fair Wages and Salaries Commission and the steps taken by this Commission to ensure full application of the principle of the Convention in the public service. The Government is requested to provide a copy of the single spine pay policy and of the single spine pay structure adopted.

The Committee is raising other points in a request addressed directly to the Government.

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Article 1(a) of the Convention. Definition of remuneration. Recalling its previous comments on the meaning of the term “pay” in section 68 of the Labour Act 2003, the Committee notes the Government’s indication that the notion of “pay” encompasses “remuneration”. The Committee also notes that under the Fair Wages and Salaries Commission Act, “salary” includes allowances and retirement benefits and “wage” means “money payable by the employer to an employee at intervals of less than a month in respect of the service rendered” (section 31). Noting that the Government is preparing a new Single Spine Salary Structure Policy to be implemented in 2008, the Committee asks the Government to supply a copy of this policy with its next report along with any information on its implementation.

Article 2. Public service remuneration. The Committee notes that under the Fair Wages and Salaries Commission Act, a Grievance Review Committee charged with reviewing complaints concerning salaries and wages has been established. The Committee also notes the Government’s indication that the Fair Wages and Salaries Commission has been entrusted with implementing the Affirmative Action Policy. The Committee asks the Government to indicate whether the Grievance Review Committee has dealt with any equal remuneration cases and to provide information on the specific measures taken by the Fair Wages and Salaries Commission to implement the Affirmative Action Policy and the results achieved through this policy.

Collective agreements. The Committee recalls its previous comments in which it noted a number of collective agreements that contained gender-discrimination provisions, e.g. in relation to certain fringe benefits. In this regard, the Committee notes the Government’s indication that the Ghana Employers’ Association (GEA) and the Ghana Trade Unions Congress have sensitized their members to use “gender-sensitive language” in collective agreements. While appreciating these initiatives, the Committee asks the Government whether any directives have been issued or other steps taken by the Government to ensure that provisions in collective agreements do not discriminate on grounds of sex. The Committee also asks the Government to continue to provide examples of relevant collective agreements.

Article 3. Objective evaluation of jobs. Recalling the importance of using job evaluation methods that are free from gender bias, the Committee asks the Government to supply information on the measures taken or envisaged to promote such objective job evaluation in the private sector.

Article 4. Tripartite cooperation. The Committee notes the Government’s statement that the mandate of the National Labour Commission, as regulated by section 138 of the 2003 Labour Act, does not explicitly cover the issue of equal remuneration. However, it may adjudicate disputes involving issues of equal remuneration. The Committee encourages the Government, as well as workers’ and employers’ organizations, to take active steps to promote a better understanding and implementation of the principle of equal remuneration for men and women for work of equal value, including in the framework of the National Tripartite Committee, and to provide information on any such measures taken or envisaged.

Part IV of the report form. Enforcement. The Committee notes from the Government’s report that no judicial or administrative decisions have been rendered so far on section 68 of the 2003 Labour Act providing for equal remuneration for equal work. Please provide information on any future decision made under section 68 of the Labour Act by the courts, the National Labour Commission, or any other competent body.

Part V of the report form. Statistical information. The Committee asks the Government to provide statistical information as soon as possible on the earnings of men and women in the public and private sectors, if possible according to occupations and sectors.

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Legislation. Equal remuneration for work of equal value. The Committee recalls that section 68 of the Labour Act 2003 provides that every worker shall receive equal pay for equal work without distinction of any kind. In its previous comments, the Committee pointed out that section 68 is more restrictive than the principle of equal remuneration for men and women for work of equal value as set out in the Convention. As indicated in the Committee’s 2006 general observation, the principle of equal remuneration for “work of equal value” includes, but goes beyond, equal remuneration for “equal work” and also encompasses work that is of a different nature, but which is nevertheless of equal value. Provisions that are narrower than the principle as laid down in the Convention hinder progress in eradicating gender-based pay discrimination against women at work, and governments are therefore urged to amend them. Reflecting the concept of “work of equal value” in the legislation is essential as it allows for a broad scope of comparison which is of importance for giving effect to the Convention’s principle in situations where men and women perform different jobs which are nevertheless of equal value. Noting the Government’s indication that the Committee’s comments concerning section 68 of the Labour Code will be addressed by the Attorney-General and the Ministry of Manpower, Youth and Employment, the Committee asks the Government to provide information on the specific steps taken in this regard and the progress made with a view to amending section 68 of the Labour Code to ensure full conformity with the Convention.

Remuneration in the public sector. The Committee notes the enactment of the Fair Wages and Salaries Commission Act 2007. Under the Act, the Commission is to ensure fair, transparent and systematic implementation of the government public service pay policy and to develop, advise on and ensure that decisions are implemented on matters related to, inter alia, remuneration, grading, classification, as well as job analysis and job evaluation (section 2). The Government indicates in its report that the Commission has hired a consultant to undertake a job evaluation exercise. A Single Spine Salary Structure Policy and the implementation of a new salary structure is planned for 2008. The Committee asks the Government to provide information on the specific measures taken by the Fair Wages and Salaries Commission to ensure full application of the principle of equal remuneration for men and women for work of equal value in the public service, in particular in the context of job grading and classification. It also asks the Government to ensure that the principle of equal remuneration for men and women for work of equal value is recognized as an explicit objective in the future public sector pay policy. Stressing the need to ensure that the job evaluation methods are objective and free from gender bias, the Committee asks the Government to provide detailed information on the methods used in the ongoing job evaluation exercise and how it is ensured that jobs predominantly occupied by women are not undervalued compared to jobs predominantly occupied by men.

The Committee is raising other points in a request addressed directly to the Government.

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1. Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s statement that section 68 of the 2003 Labour Act “reconciles and harmonizes” previously existing labour regulations, including section 68 of the 1969 Labour Regulations (LI 632), in conformity with the 1992 national Constitution and ratified Conventions of the ILO. While the provisions of the 1969 Labour Regulations referring to “identical or substantially identical work” have been repealed with the adoption of the Labour Act, the Committee notes that section 68 of the Labour Act still refers to “equal work” rather than the broader concept of “work of equal value” which is used in the Convention. The Committee regrets that, in adopting a new Labour Act, the opportunity was not taken to include a specific reference to equal remuneration for men and women for work of equal value, as the Committee had, for a number of years, asked the Government to consider such an amendment. The Committee recalls that “work of equal value”, unlike “equal work”, requires comparisons between work of a different nature, work carried out under different conditions, or for different employers. Providing for a comparison based on the value of work, rather than requiring the same or similar work, is particularly important given that men and women are often concentrated in different jobs, and that jobs typically performed by women are often undervalued. The Committee again asks the Government to consider amending the legislation to provide expressly for equal remuneration for men and women for work of equal value. It also asks the Government to forward any court and administrative decisions involving the application of section 68 of the Labour Act.

2. The Committee notes that the definition of “remuneration” set out in section 175 of the Labour Act includes “the basic or minimum wage or salary and any additional emoluments payable directly or indirectly by the employer to the worker on account of the worker’s employment”. While this definition is in line with the definition of remuneration set out in Article 1(a) of the Convention, the Committee notes that section 68 of the Labour Act refers to equal pay, and does not use the term remuneration. As pay is not defined in the Labour Act, and appears to be used in a manner different from remuneration, the Committee asks the Government to indicate how the term pay has been interpreted.

3. Article 2(1). Promotion of the principle of equal remuneration. The Committee notes the Government’s statement that the establishment of the National Labour Commission pursuant to section 135 of the Labour Act and the implementation of an affirmative action policy are measures that have been put in place to promote and ensure the application of the principle of equal remuneration for men and women for work of equal value. As the functions of the Commission set out in section 138 of the Labour Act do not specifically refer to the issue of equal remuneration, the Committee asks the Government to provide more detailed information on the role of the Commission in this regard. The Committee would also like to receive information on the status of the affirmative action policy, specific activities and measures carried out pursuant to the policy with relation to equal remuneration, and the results achieved.

4. The Committee notes that the Public Sector Medium to Long Term Salaries and Wages Policy of 1999, which includes the Ghana Universal Salary Structure, makes specific reference to “equal pay for equal worth”. The Committee notes the Government’s assertion that the full institutionalization of this policy will require eight to ten years. As this policy has already been in place for seven years, the Committee asks the Government to provide information on the progress made in implementing the policy and the results achieved. The Committee also reiterates its request for information on any action taken by the National Commission on Women and Development that would directly or indirectly promote the application of the Convention.

5. Article 2(2)(c). Collective agreements. The Committee reiterates its request for information on the measures taken by the National Advisory Committee on Labour to prohibit the use of gender discriminatory language in collective agreements, and asks the Government to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender discriminatory provisions and language.

6. Article 3. Objective evaluation of jobs. The Committee notes the information provided by the Government with regard to the methods and criteria used for classifying jobs in the public sector, and in particular the series of factors set out in the Public Sector Medium to Long Term Salaries and Wages Policy. The Committee asks the Government to provide information on how it ensures that there is no gender bias in the evaluation process under the public sector wage policy, and reiterates its request for information regarding any action taken to promote objective appraisal of jobs in the private sector.

7. Part V of the report form. Statistical information. The Committee would welcome all available information from the Government indicating the distribution of men and women in the public and private sectors, occupational groups and earnings in accordance with its general observation of 1998 on the importance of statistical data, to assist the Committee in evaluating application by the Government of the principle of equal remuneration.

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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 matters raised in its previous direct request, which read as follows:

1. Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee notes that section 68 of the new Labour Act provides that "every worker shall receive equal pay for equal work without distinction of any kind." The Committee considers that the term "equal pay for equal work" does not necessarily guarantee a field of comparison as wide as the term "equal pay for work of equal value" (see General Survey on equal remuneration, 1986, paragraph 34). The Committee asks the Government to provide information in its next report on the application of section 68 in practice to determine whether this provision is interpreted in the sense of the principle of "equal pay for work of equal value". The Committee also requests clarification of the status of section 68 of the 1969 Labour Regulations (LI 632), discussed in previous comments, following adoption of the new Labour Act.

2. Article 2(1). Promotion of the principle of equal remuneration. The Committee notes from the Government’s report that the Government’s gender strategy and affirmative action policy implicitly promotes both equality of rights for women in employment and equal remuneration. The Committee recognizes that such policies have an important indirect impact on equalizing remuneration levels between men and women. The Committee asks the Government to provide information on the progress made in implementing this policy and to provide information indicating the nature and extent of the impact of the policy in promoting the principle of the Convention. It further asks the Government to indicate the action taken by the National Commission on Women and Development which would directly or indirectly promote application of the Convention.

3. Article 2(2)(c). Collective agreements. The Committee asks the Government to provide information on the measures taken by the National Advisory Committee on Labour to prohibit the use of gender discriminatory language in collective bargaining agreements and it reiterates its request for the Government to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender discriminatory provisions and language.

4. Article 3. Objective evaluation of jobs. The Committee reiterates its request for information on the methods and criteria used for classifying jobs in the public and private sector, noting that the Government omitted to include with its report a job classification study that it had commissioned for the public sector. The Committee recalls that Article 3(1) of the Convention calls for measures to be taken to promote an objective appraisal of jobs on the basis of the work to be performed, where such action would assist in giving effect to the provisions of the Convention. Further, the notion of equal remuneration of men and women for work of equal value necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Such techniques known as "job evaluation" have come to be considered the most feasible means of extending equal remuneration to men and women for work of equal value (see General Survey, op. cit., 1986, paragraph 138). The Committee notes from the Government’s report that the Ghana Employers’ Association has not undertaken a job classification exercise in the private sector. It asks the Government to provide information on any action it has taken nevertheless to promote an objective appraisal of jobs in the private sector.

5. Part V of the report form. Statistical information. The Committee would welcome all available information from the Government indicating the distribution of men and women in the public and private sectors, occupational groups and earnings in accordance with its general observation on the importance of statistical data to assist the Committee in evaluating application by the Government of the principle of equal remuneration.

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1. Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee notes that section 68 of the new Labour Act provides that "every worker shall receive equal pay for equal work without distinction of any kind." The Committee considers that the term "equal pay for equal work" does not necessarily guarantee a field of comparison as wide as the term "equal pay for work of equal value" (see General Survey on equal remuneration, 1986, paragraph 34). The Committee asks the Government to provide information in its next report on the application of section 68 in practice to determine whether this provision is interpreted in the sense of the principle of "equal pay for work of equal value". The Committee also requests clarification of the status of section 68 of the 1969 Labour Regulations (LI 632), discussed in previous comments, following adoption of the new Labour Act.

2. Article 2(1). Promotion of principle of equal remuneration. The Committee notes from the Government’s report that the Government’s gender strategy and affirmative action policy implicitly promotes both equality of rights for women in employment and equal remuneration. The Committee recognizes that such policies have an important indirect impact on equalizing remuneration levels between men and women. The Committee asks the Government to provide information on the progress made in implementing this policy and to provide information indicating the nature and extent of the impact of the policy in promoting the principle of the Convention. It further asks the Government to indicate the action taken by the National Commission on Women and Development which would directly or indirectly promote application of the Convention.

3. Article 2(2)(c). Collective agreements. The Committee asks the Government to provide information on the measures taken by the National Advisory Committee on Labour to prohibit the use of gender discriminatory language in collective bargaining agreements and it reiterates its request for the Government to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender discriminatory provisions and language.

4. Article 3. Objective evaluation of jobs. The Committee reiterates its request for information on the methods and criteria used for classifying jobs in the public and private sector, noting that the Government omitted to include with its report a job classification study that it had commissioned for the public sector. The Committee recalls that Article 3(1) of the Convention calls for measures to be taken to promote an objective appraisal of jobs on the basis of the work to be performed, where such action would assist in giving effect to the provisions of the Convention. Further, the notion of equal remuneration of men and women for work of equal value necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Such techniques known as "job evaluation" have come to be considered the most feasible means of extending equal remuneration to men and women for work of equal value (see General Survey, op. cit., 1986, paragraph 138). The Committee notes from the Government’s report that the Ghana Employers’ Association has not undertaken a job classification exercise in the private sector. It asks the Government to provide information on any action it has taken nevertheless to promote an objective appraisal of jobs in the private sector.

5. Part V of the report form. Statistical information. The Committee would welcome all available information from the Government indicating the distribution of men and women in the public and private sectors, occupational groups and earnings in accordance with its general observation on the importance of statistical data to assist the Committee in evaluating application by the Government of the principle of equal remuneration.

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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:

1. The Committee notes with interest the establishment of the Ministry of Women and Children Affairs in February 2001. Among other responsibilities, the Ministry is to formulate gender advocacy strategies and plans for implementation by the National Commission on Women and Development. The Committee particularly notes that, within this new framework, the Government has issued a "statement of policy on the implementation of proposals and recommendations for affirmative action towards equality of rights and opportunities for women in Ghana", a copy of which is attached to the Government’s report. The statement of policy outlines a broad strategy of affirmative action with the medium- and long term aims of achieving a 40 per cent representation of women in all Government and public service bodies, including the highest decision-making forums. The Committee asks the Government to provide information on the manner in which the newly adopted gender strategy and affirmative action policy will be used to promote and achieve equal remuneration between men and women for work of equal value.

2. The Committee notes with regret, however, that the Government’s report fails to address the points raised in its previous comments. It trusts that the Government’s next report will contain full information on all the matters raised in its previous observation, which read as follows.

(i) In its previous comments, the Committee had noted that in each of a number of collective agreements supplied by the Government, a differentiation was made, or appeared to be made, between female and male employees concerning the allocation of certain fringe benefits. The Committee notes with interest from the Government’s report that the National Advisory Committee on Labour has recommended that the Minister for Employment and Social Welfare should issue appropriate directives to the Trades Union Congress and to the Ghana Employers’ Association prohibiting the use of gender discriminatory provisions or language in future collective bargaining agreements. The Committee also notes the Government’s statement that some parties to collective agreements have begun to interpret the offending clauses to apply equally to both female and male employees in their establishments. The Government adds, however, that some employers hold to the view that, since the collective bargaining agreements in question were arrived at through negotiation, any such changes would also have to be negotiated. The Committee hopes that the Government and the National Advisory Committee on Labour will take measures to convince all employers of the need to comply with the provisions of the national legislation and with the requirements of the Convention. The Committee requests the Government to furnish a copy of the directives issued by the Minister for Employment and Social Welfare in this matter and to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender-discriminatory provisions and language.

(ii) In its previous comments, the Committee had drawn attention to section 68 of the 1969 Labour Regulations (LI 632), which refers to "identical or substantially identical work" as the basis for comparison between men’s and women’s jobs, and asked the Government to consider an amendment to provide expressly for equal remuneration for work of equal value. The Committee notes with interest from the Government’s report that the National Advisory Committee on Labour has recommended to the Minister that the wording of section 68 be amended to bring it into conformity with the Convention. The Committee recalls to the Government the possibility of seeking assistance from the International Labour Office before any such amendments are finalized and hopes that the Government will take advantage of this facility.

(iii) The Committee notes that the Government has taken measures to obtain the information requested previously concerning the methods and criteria used for classifying jobs in the public and private sectors. The Committee hopes that the Government will be in a position to provide this information in its next report.

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The Committee notes with interest the establishment of the Ministry of Women and Children Affairs in February 2001. Among other responsibilities, the Ministry is to formulate gender advocacy strategies and plans for implementation by the National Commission on Women and Development. The Committee particularly notes that, within this new framework, the Government has issued a "statement of policy on the implementation of proposals and recommendations for affirmative action towards equality of rights and opportunities for women in Ghana", a copy of which is attached to the Government’s report. The statement of policy outlines a broad strategy of affirmative action with the medium- and long-term aims of achieving a 40 per cent representation of women in all Government and public service bodies, including the highest decision-making forums. The Committee asks the Government to provide information on the manner in which the newly adopted gender strategy and affirmative action policy will be used to promote and achieve equal remuneration between men and women for work of equal value.

The Committee notes with regret, however, that the Government’s report fails to address the points raised in its previous comments. It trusts that the Government’s next report will contain full information on all the matters raised in its previous observation, which read as follows.

1. In its previous comments, the Committee had noted that in each of a number of collective agreements supplied by the Government, a differentiation was made, or appeared to be made, between female and male employees concerning the allocation of certain fringe benefits. The Committee notes with interest from the Government’s report that the National Advisory Committee on Labour has recommended that the Minister for Employment and Social Welfare should issue appropriate directives to the Trades Union Congress and to the Ghana Employers’ Association prohibiting the use of gender discriminatory provisions or language in future collective bargaining agreements. The Committee also notes the Government’s statement that some parties to collective agreements have begun to interpret the offending clauses to apply equally to both female and male employees in their establishments. The Government adds, however, that some employers hold to the view that, since the collective bargaining agreements in question were arrived at through negotiation, any such changes would also have to be negotiated. The Committee hopes that the Government and the National Advisory Committee on Labour will take measures to convince all employers of the need to comply with the provisions of the national legislation and with the requirements of the Convention. The Committee requests the Government to furnish a copy of the directives issued by the Minister for Employment and Social Welfare in this matter and to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender-discriminatory provisions and language.

2. In its previous comments, the Committee had drawn attention to section 68 of the 1969 Labour Regulations (LI 632), which refers to "identical or substantially identical work" as the basis for comparison between men’s and women’s jobs, and asked the Government to consider an amendment to provide expressly for equal remuneration for work of equal value. The Committee notes with interest from the Government’s report that the National Advisory Committee on Labour has recommended to the Minister that the wording of section 68 be amended to bring it into conformity with the Convention. The Committee recalls to the Government the possibility of seeking assistance from the International Labour Office before any such amendments are finalized and hopes that the Government will take advantage of this facility.

3. The Committee notes that the Government has taken measures to obtain the information requested previously concerning the methods and criteria used for classifying jobs in the public and private sectors. The Committee hopes that the Government will be in a position to provide this information in its next report.

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The Committee notes with regret that the Government’s report has not been received. It trusts 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 reads as follows:

1.  In its previous comments, the Committee had noted that in each of a number of collective agreements supplied by the Government, a differentiation was made, or appeared to be made, between female and male employees concerning the allocation of certain fringe benefits. The Committee notes with interest from the Government’s report that the National Advisory Committee on Labour has recommended that the Minister for Employment and Social Welfare should issue appropriate directives to the Trades Union Congress and to the Ghana Employers’ Association prohibiting the use of gender discriminatory provisions or language in future collective bargaining agreements. The Committee also notes the Government’s statement that some parties to collective agreements have begun to interpret the offending clauses to apply equally to both female and male employees in their establishments. The Government adds, however, that some employers hold to the view that since the collective bargaining agreements in question were arrived at through negotiation, any such changes would also have to be negotiated. The Committee hopes that the Government and the National Advisory Committee on Labour will take measures to convince all employers of the need to comply with the provisions of the national legislation and with the requirements of the Convention. The Committee requests the Government to furnish a copy of the directives issued by the Minister for Employment and Social Welfare in this matter and to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender-discriminatory provisions and language.

2.  In its previous comments, the Committee had drawn attention to section 68 of the 1969 Labour Regulations (LI 632), which refers to "identical or substantially identical work" as the basis for comparison between men’s and women’s jobs, and asked the Government to consider an amendment to provide expressly for equal remuneration for work of equal value. The Committee notes with interest from the Government’s report that the National Advisory Committee on Labour has recommended to the Minister that the wording of section 68 be amended to bring it into conformity with the Convention. The Committee recalls to the Government the possibility of seeking assistance from the International Labour Office before any such amendments are finalized and hopes that the Government will take advantage of this facility.

3.  The Committee notes that the Government has taken measures to obtain the information requested previously concerning the methods and criteria used for classifying jobs in the public and private sectors. The Committee hopes that the Government will be in a position to provide this information in its next report.

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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 matters raised in its previous direct request, which read as follows:

1. In its previous comments, the Committee had noted that in each of a number of collective agreements supplied by the Government, a differentiation was made, or appeared to be made, between female and male employees concerning the allocation of certain fringe benefits. The Committee notes with interest from the Government's report that the National Advisory Committee on Labour has recommended that the Minister for Employment and Social Welfare should issue appropriate directives to the Trades Union Congress and to the Ghana Employers' Association prohibiting the use of gender discriminatory provisions or language in future collective bargaining agreements. The Committee also notes the Government's statement that some parties to collective agreements have begun to interpret the offending clauses to apply equally to both female and male employees in their establishments. The Government adds, however, that some employers hold to the view that since the collective bargaining agreements in question were arrived at through negotiation, any such changes would also have to be negotiated. The Committee hopes that the Government and the National Advisory Committee on Labour will take measures to convince all employers of the need to comply with the provisions of the national legislation and with the requirements of the Convention. The Committee requests the Government to furnish a copy of the directives issued by the Minister for Employment and Social Welfare in this matter and to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender-discriminatory provisions and language.

2. In its previous comments, the Committee had drawn attention to section 68 of the 1969 Labour Regulations (LI 632), which refers to "identical or substantially identical work" as the basis for comparison between men's and women's jobs, and asked the Government to consider an amendment to provide expressly for equal remuneration for work of equal value. The Committee notes with interest from the Government's report that the National Advisory Committee on Labour has recommended to the Minister that the wording of section 68 be amended to bring it into conformity with the Convention. The Committee recalls to the Government the possibility of seeking assistance from the International Labour Office before any such amendments are finalized and hopes that the Government will take advantage of this facility.

3. The Committee notes that the Government has taken measures to obtain the information requested previously concerning the methods and criteria used for classifying jobs in the public and private sectors. The Committee hopes that the Government will be in a position to provide this information in its next report.

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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 matters raised in its previous direct request, which read as follows:

1. In its previous comments, the Committee had noted that in each of a number of collective agreements supplied by the Government, a differentiation was made, or appeared to be made, between female and male employees concerning the allocation of certain fringe benefits. The Committee notes with interest from the Government's report that the National Advisory Committee on Labour has recommended that the Minister for Employment and Social Welfare should issue appropriate directives to the Trades Union Congress and to the Ghana Employers' Association prohibiting the use of gender discriminatory provisions or language in future collective bargaining agreements. The Committee also notes the Government's statement that some parties to collective agreements have begun to interpret the offending clauses to apply equally to both female and male employees in their establishments. The Government adds, however, that some employers hold to the view that since the collective bargaining agreements in question were arrived at through negotiation, any such changes would also have to be negotiated. The Committee hopes that the Government and the National Advisory Committee on Labour will take measures to convince all employers of the need to comply with the provisions of the national legislation and with the requirements of the Convention. The Committee requests the Government to furnish a copy of the directives issued by the Minister for Employment and Social Welfare in this matter and to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender-discriminatory provisions and language.

2. In its previous comments, the Committee had drawn attention to section 68 of the 1969 Labour Regulations (LI 632), which refers to "identical or substantially identical work" as the basis for comparison between men's and women's jobs, and asked the Government to consider an amendment to provide expressly for equal remuneration for work of equal value. The Committee notes with interest from the Government's report that the National Advisory Committee on Labour has recommended to the Minister that the wording of section 68 be amended to bring it into conformity with the Convention. The Committee recalls to the Government the possibility of seeking assistance from the International Labour Office before any such amendments are finalized and hopes that the Government will take advantage of this facility.

3. The Committee notes that the Government has taken measures to obtain the information requested previously concerning the methods and criteria used for classifying jobs in the public and private sectors. The Committee hopes that the Government will be in a position to provide this information in its next report.

CMNT_TITLE

1. In its previous comments, the Committee had noted that in each of a number of collective agreements supplied by the Government, a differentiation was made, or appeared to be made, between female and male employees concerning the allocation of certain fringe benefits. The Committee notes with interest from the Government's report that the National Advisory Committee on Labour has recommended that the Minister for Employment and Social Welfare should issue appropriate directives to the Trades Union Congress and to the Ghana Employers' Association prohibiting the use of gender discriminatory provisions or language in future collective bargaining agreements. The Committee also notes the Government's statement that some parties to collective agreements have begun to interpret the offending clauses to apply equally to both female and male employees in their establishments. The Government adds, however, that some employers hold to the view that since the collective bargaining agreements in question were arrived at through negotiation, any such changes would also have to be negotiated. The Committee hopes that the Government and the National Advisory Committee on Labour will take measures to convince all employers of the need to comply with the provisions of the national legislation and with the requirements of the Convention. The Committee requests the Government to furnish a copy of the directives issued by the Minister for Employment and Social Welfare in this matter and to supply copies of any recently negotiated collective agreements, particularly those applying to enterprises and industries in which earlier agreements contained gender-discriminatory provisions and language.

2. In its previous comments, the Committee had drawn attention to section 68 of the 1969 Labour Regulations (LI 632), which refers to "identical or substantially identical work" as the basis for comparison between men's and women's jobs, and asked the Government to consider an amendment to provide expressly for equal remuneration for work of equal value. The Committee notes with interest from the Government's report that the National Advisory Committee on Labour has recommended to the Minister that the wording of section 68 be amended to bring it into conformity with the Convention. The Committee recalls to the Government the possibility of seeking assistance from the International Labour Office before any such amendments are finalized and hopes that the Government will take advantage of this facility.

3. The Committee notes that the Government has taken measures to obtain the information requested previously concerning the methods and criteria used for classifying jobs in the public and private sectors. The Committee hopes that the Government will be in a position to provide this information in its next report.

CMNT_TITLE

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:

1. Referring to its previous direct request, the Committee is grateful to the Government for having supplied the texts of collective agreements applying in various industries. The Committee notes that in each of these agreements, differentiation is made specifically or appears to be made between male and female employees concerning the allocation of certain fringe benefits.

For example, in the agreement between the Gihoc Distilleries Company and the Industrial and Commercial Workers' Union (dated 1982, but presumably continued in force under article 2 of the agreement), article 4(f) provides that a " family' means an employee, his wife and children under 18 years who are not gainfully employed (husbands are excluded in the case of female employees)". This provision would have the effect of denying to a female employee the benefits available to the family of a male employee in the cases covered by article 10 (Transfer) of the agreement. In the 1988 agreement between the Merchant Bank (Ghana) Limited and the Industrial and Commercial Workers' Union, though the definition of "employee" includes both male and female staff, a "family" is defined as meaning "an employee, his wife and children under 21 years of age who are not gainfully employed" (article 1). This provision would appear to exclude the family of a female employee from eligibility to the bank's medical scheme (article 13) and from the fares paid by the employer in case of permanent transfer (article 21). The 1991 agreement concluded between Eveready Ghana Limited, Tema, and the General Transport, Petroleum and Chemical Workers' Union of TUC (Ghana) which, according to the preamble, applies to all employees, provides for certain transport benefits to be paid by the employer for an employee's "wife and dependent children" (article 20(d)); though a non-discrimination provision (article 45) is included in this agreement, it is not clear whether it would operate to ensure that such benefits apply equally to the family of a female employee. A similar differentiation is made concerning the provision of transport for the "wife and children" of an employee under article 12 of the agreement between the Accra Brewery Unit of the Ghana Employers' Association and the Accra Brewery Workers of the Industrial and Commercial Workers' Union of the TUC (Ghana) 1990-92. In addition, this last-mentioned agreement stipulates a compulsory retirement age of 55 years for men and 50 years for women, which disadvantages women in relation to men since end-of-service benefits are calculated on the basis of the length of service.

All such provisions which discriminate on the basis of sex are contrary to Article 1(b) of the Convention and to Article 1(a) which defines "remuneration" as including not only the basic wage or salary but "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment". The Committee would therefore request the Government to take the necessary measures to ensure that such clauses are removed from collective agreements.

2. The Committee has noted the statement made by the Government in its previous report to the effect that the 1990 general observation of the Committee was quite relevant to Ghana. In this connection, the Committee recalls that in its direct request of 1990, it had drawn attention to section 68 of the Labour Regulations of 1969 (LI 632) according to which "work for which a female employee is employed and work for which a male employee is employed shall be deemed to be identical or substantially identical if the job, duties or services the employees are called upon to perform are identical or substantially identical" and requested information on its practical application and in particular on the methods chosen and the criteria observed for the classification of jobs in both the public and private sectors. Since this provision appears to contemplate a more narrow comparison between jobs than that required by the Convention, the Committee hopes that the Government will consider amending it to provide expressly for equal pay for work of equal value and that the next report will contain the information requested in the direct request of 1990, as well as information on the measures taken or contemplated to amend section 68 of the Labour Regulations of 1969.

CMNT_TITLE

The Committee notes with regret that, for the third consecutive time, 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:

1. Referring to its previous direct request, the Committee is grateful to the Government for having supplied the texts of collective agreements applying in various industries. The Committee notes that in each of these agreements, differentiation is made specifically or appears to be made between male and female employees concerning the allocation of certain fringe benefits.

For example, in the agreement between the Gihoc Distilleries Company and the Industrial and Commercial Workers' Union (dated 1982, but presumably continued in force under article 2 of the agreement), article 4(f) provides that a " family' means an employee, his wife and children under 18 years who are not gainfully employed (husbands are excluded in the case of female employees)". This provision would have the effect of denying to a female employee the benefits available to the family of a male employee in the cases covered by article 10 (Transfer) of the agreement. In the 1988 agreement between the Merchant Bank (Ghana) Limited and the Industrial and Commercial Workers' Union, though the definition of "employee" includes both male and female staff, a "family" is defined as meaning "an employee, his wife and children under 21 years of age who are not gainfully employed" (article 1). This provision would appear to exclude the family of a female employee from eligibility to the bank's medical scheme (article 13) and from the fares paid by the employer in case of permanent transfer (article 21). The 1991 agreement concluded between Eveready Ghana Limited, Tema, and the General Transport, Petroleum and Chemical Workers' Union of TUC (Ghana) which, according to the preamble, applies to all employees, provides for certain transport benefits to be paid by the employer for an employee's "wife and dependent children" (article 20(d)); though a non-discrimination provision (article 45) is included in this agreement, it is not clear whether it would operate to ensure that such benefits apply equally to the family of a female employee. A similar differentiation is made concerning the provision of transport for the "wife and children" of an employee under article 12 of the agreement between the Accra Brewery Unit of the Ghana Employers' Association and the Accra Brewery Workers of the Industrial and Commercial Workers' Union of the TUC (Ghana) 1990-92. In addition, this last-mentioned agreement stipulates a compulsory retirement age of 55 years for men and 50 years for women, which disadvantages women in relation to men since end-of-service benefits are calculated on the basis of the length of service.

All such provisions which discriminate on the basis of sex are contrary to Article 1(b) of the Convention and to Article 1(a) which defines "remuneration" as including not only the basic wage or salary but "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment". The Committee would therefore request the Government to take the necessary measures to ensure that such clauses are removed from collective agreements.

2. The Committee has noted the statement made by the Government in its previous report to the effect that the 1990 general observation of the Committee was quite relevant to Ghana. In this connection, the Committee recalls that in its direct request of 1990, it had drawn attention to section 68 of the Labour Regulations of 1969 (LI 632) according to which "work for which a female employee is employed and work for which a male employee is employed shall be deemed to be identical or substantially identical if the job, duties or services the employees are called upon to perform are identical or substantially identical" and requested information on its practical application and in particular on the methods chosen and the criteria observed for the classification of jobs in both the public and private sectors. Since this provision appears to contemplate a more narrow comparison between jobs than that required by the Convention, the Committee hopes that the Government will consider amending it to provide expressly for equal pay for work of equal value and that the next report will contain the information requested in the direct request of 1990, as well as information on the measures taken or contemplated to amend section 68 of the Labour Regulations of 1969.

CMNT_TITLE

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 matters raised in its previous direct request, which read as follows:

1. Referring to its previous direct request, the Committee is grateful to the Government for having supplied the texts of collective agreements applying in various industries. The Committee notes that in each of these agreements, differentiation is made specifically or appears to be made between male and female employees concerning the allocation of certain fringe benefits.

For example, in the agreement between the Gihoc Distilleries Company and the Industrial and Commercial Workers' Union (dated 1982, but presumably continued in force under article 2 of the agreement), article 4(f) provides that a "'family' means an employee, his wife and children under 18 years who are not gainfully employed (husbands are excluded in the case of female employees)". This provision would have the effect of denying to a female employee the benefits available to the family of a male employee in the cases covered by article 10 (Transfer) of the agreement. In the 1988 agreement between the Merchant Bank (Ghana) Limited and the Industrial and Commercial Workers' Union, though the definition of "employee" includes both male and female staff, a "family" is defined as meaning "an employee, his wife and children under 21 years of age who are not gainfully employed" (article 1). This provision would appear to exclude the family of a female employee from eligibility to the bank's medical scheme (article 13) and from the fares paid by the employer in case of permanent transfer (article 21). The 1991 agreement concluded between Eveready Ghana Limited, Tema, and the General Transport, Petroleum and Chemical Workers' Union of TUC (Ghana) which, according to the preamble, applies to all employees, provides for certain transport benefits to be paid by the employer for an employee's "wife and dependent children" (article 20(d)); though a non-discrimination provision (article 45) is included in this agreement, it is not clear whether it would operate to ensure that such benefits apply equally to the family of a female employee. A similar differentiation is made concerning the provision of transport for the "wife and children" of an employee under article 12 of the agreement between the Accra Brewery Unit of the Ghana Employers' Association and the Accra Brewery Workers of the Industrial and Commercial Workers' Union of the TUC (Ghana) 1990-92. In addition, this last-mentioned agreement stipulates a compulsory retirement age of 55 years for men and 50 years for women, which disadvantages women in relation to men since end-of-service benefits are calculated on the basis of the length of service.

All such provisions which discriminate on the basis of sex are contrary to Article 1(b) of the Convention and to Article 1(a) which defines "remuneration" as including not only the basic wage or salary but "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment". The Committee would therefore request the Government to take the necessary measures to ensure that such clauses are removed from collective agreements.

2. The Committee has noted the statement made by the Government in its previous report to the effect that the 1990 general observation of the Committee was quite relevant to Ghana. In this connection, the Committee recalls that in its direct request of 1990, it had drawn attention to section 68 of the Labour Regulations of 1969 (LI 632) according to which "work for which a female employee is employed and work for which a male employee is employed shall be deemed to be identical or substantially identical if the job, duties or services the employees are called upon to perform are identical or substantially identical" and requested information on its practical application and in particular on the methods chosen and the criteria observed for the classification of jobs in both the public and private sectors. Since this provision appears to contemplate a more narrow comparison between jobs than that required by the Convention, the Committee hopes that the Government will consider amending it to provide expressly for equal pay for work of equal value and that the next report will contain the information requested in the direct request of 1990, as well as information on the measures taken or contemplated to amend section 68 of the Labour Regulations of 1969.

3. The Committee has noted that the Government has sought the advice of the regional adviser on ILO standards concerning the application of equal pay and has requested the assistance of the International Labour Office concerning job classification and evaluation in the country's organizations and institutions. It has also been noted from the report that some government authorities have already been requested to coordinate their activities to address the issues raised in connection with the application of the Convention. The Committee has noted these developments with interest and hopes that the Office will be able to provide assistance to the Government and the social partners which will help to overcome the legal and practical impediments to the full implementation of the Convention.

CMNT_TITLE

The Committee notes the information provided by the Government in its report and attached documentation.

1. Referring to its previous direct request, the Committee is grateful to the Government for having supplied the texts of collective agreements applying in various industries. The Committee notes that in each of these agreements, differentiation is made specifically or appears to be made between male and female employees concerning the allocation of certain fringe benefits.

For example, in the agreement between the Gihoc Distilleries Company and the Industrial and Commercial Workers' Union (dated 1982, but presumably continued in force under article 2 of the agreement), article 4(f) provides that a "'family' means an employee, his wife and children under 18 years who are not gainfully employed (husbands are excluded in the case of female employees)". This provision would have the effect of denying to a female employee the benefits available to the family of a male employee in the cases covered by article 10 (Transfer) of the agreement. In the 1988 agreement between the Merchant Bank (Ghana) Limited and the Industrial and Commercial Workers' Union, though the definition of "employee" includes both male and female staff, a "family" is defined as meaning "an employee, his wife and children under 21 years of age who are not gainfully employed" (article 1). This provision would appear to exclude the family of a female employee from eligibility to the bank's medical scheme (article 13) and from the fares paid by the employer in case of permanent transfer (article 21). The 1991 agreement concluded between Eveready Ghana Limited, Tema, and the General Transport, Petroleum and Chemical Workers' Union of TUC (Ghana) which, according to the preamble, applies to all employees, provides for certain transport benefits to be paid by the employer for an employee's "wife and dependent children" (article 20(d)); though a non-discrimination provision (article 45) is included in this agreement, it is not clear whether it would operate to ensure that such benefits apply equally to the family of a female employee. A similar differentiation is made concerning the provision of transport for the "wife and children" of an employee under article 12 of the agreement between the Accra Brewery Unit of the Ghana Employers' Association and the Accra Brewery Workers of the Industrial and Commercial Workers' Union of the TUC (Ghana) 1990-92. In addition, this last-mentioned agreement stipulates a compulsory retirement age of 55 years for men and 50 years for women, which disadvantages women in relation to men since end-of-service benefits are calculated on the basis of the length of service.

All such provisions which discriminate on the basis of sex are contrary to Article 1(b) of the Convention and to Article 1(a) which defines "remuneration" as including not only the basic wage or salary but "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment". The Committee would therefore request the Government to take the necessary measures to ensure that such clauses are removed from collective agreements.

2. The Committee has noted the statement made by the Government in its report to the effect that the 1990 general observation of the Committee was quite relevant to Ghana. In this connection, the Committee recalls that in its direct request of 1990, it had drawn attention to section 68 of the Labour Regulations of 1969 (LI 632) according to which "work for which a female employee is employed and work for which a male employee is employed shall be deemed to be identical or substantially identical if the job, duties or services the employees are called upon to perform are identical or substantially identical" and requested information on its practical application and in particular on the methods chosen and the criteria observed for the classification of jobs in both the public and private sectors. Since this provision appears to contemplate a more narrow comparison between jobs than that required by the Convention, the Committee hopes that the Government will consider amending it to provide expressly for equal pay for work of equal value and that the next report will contain the information requested in the direct request of 1990, as well as information on the measures taken or contemplated to amend section 68 of the Labour Regulations of 1969.

3. The Committee has noted that the Government has sought the advice of the regional adviser on ILO standards concerning the application of equal pay and has requested the assistance of the International Labour Office concerning job classification and evaluation in the country's organisations and institutions. It has also been noted from the report that some government authorities have already been requested to coordinate their activities to address the issues raised in connection with the application of the Convention. The Committee has noted these developments with interest and hopes that the Office will be able to provide assistance to the Government and the social partners which will help to overcome the legal and practical impediments to the full implementation of the Convention.

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The Committee notes the information communicated by the Government during the 1989 Session of the International Labour Conference.

1. In its previous request the Committee asked the Government to provide copies of collective agreements in manufacturing industries, financial institutions, in the commercial sector as well as in other areas employing a large number of women, and to include all the appendices to these agreements setting out job classifications with related rates of pay. The Committee notes the Government's statement that the collective agreements make no distinction as to sex. It again requests the Government to communicate copies of the collective agreements with its next report.

2. In its previous request, the Committee noted that the Government's report contained no information in reply to its previous comments concerning the methods used for job classification. The Committee had referred to section 68 of the Labour Regulations of 1969 (L.I.632) according to which "work for which a female employee is employed and work for which a male employee is employed shall be deemed to be identical or substantially identical if the job, duties or services the employees are called upon to perform are identical or substantially identical". The Committee notes, from the information received, that job evaluation takes place by agreement between employers and unions. It again requests the Government to provide information on the practical application of paragraph 68 of the Regulations, and in particular on the methods chosen and the criteria observed for classification of jobs in both the private and public sectors, with a view to implementing the principle of equal pay for work of equal value.