Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Ghana (Ratification: 1961)

The Committee notes the information provided by the Government in its report, in particular the enactment of the new Labour Act, 2003 (Act 651) which entered into force in March 2004. The Government refers to sections 9 and 13 of the new Labour Act and states that, as agreed by the National Tripartite Committee, these provisions suffice to ensure the application of the Convention since they deal with the obligation of every employer to specify in writing in any contract of employment the rights and duties of the two parties to the employment relationship, including issues relating to remuneration, occupational safety and health and other working conditions. The Committee regrets that despite its persistent comments and the expert advice provided by the Office on several occasions, the Government does not appear to have fully appreciated the basic philosophy and requirements of the Convention.

In fact, the Convention’s main purpose is much more specific than the general obligation of keeping workers informed of the wage particulars and other working conditions under which they are employed. The Convention relates exclusively to public contracts (i.e., contracts concluded by a Government department, agency or institution which involve the employment of workers by the other party to the contract and provide for the construction of public works, the manufacture of equipment or the supply of services) and requires the insertion of a clause expressly guaranteeing that any worker employed by a contractor under these contracts will be entitled to wages (including allowances), hours of work and other conditions of labour which are not less favourable than those established under the collective agreement in force for the sector concerned or applicable to employees engaged in similar work in the same area.

Moreover, the Committee has already stressed that a system of certification according to which only persons obtaining clearance by the Labour Department as regards their compliance with labour legislation are qualified to bid for the award of public contracts, may offer adequate guarantee as to the tenderers’ socially responsible past record but falls short of meeting the requirements of Articles 2 and 5 of the Convention (inclusion of labour clauses in public contracts and application of adequate sanctions and measures to ensure the payment of wages).

With a view to assisting the Government in its effort to seize the aims of the Convention and adapt its national legislation accordingly, the Committee attaches herewith a copy of an explanatory note prepared by the International Labour Office to this effect. The note includes also a model text illustrating one of several ways in which legislative conformity with the Convention may be ensured. The Committee asks the Government to take without further delay all the necessary measures in order to apply effectively the Convention in both law and practice.