Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Equal Remuneration Convention, 1951 (No. 100) - Ghana (Ratification: 1968)

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.