Ghana

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Ghana’s overall score is 59.5 out of 100. The overall score for Ghana is lower than the regional average observed across Sub-Saharan Africa (66). Within the Sub-Saharan Africa region, the highest score is observed for Côte d’Ivoire (84.5).

Ghana ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1965 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1959.

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§21(e) & 24, Constitution of Ghana 1992; §79-95 & 131, Labour Act 2003 (Act 651)

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§96-115, Labour Act (651) of 2003

Does the law provide for the right to strike?

No

0

§163 of the Labour Act (651) of 2003; §20 of the Labour regulations, 2007; USDOS CRHRP 2023 (Ghana)

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§170, Labour Act (651) of 2003

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §21(e) & 24, Constitution of Ghana 1992; §79-95 & 131, Labour Act 2003 (Act 651)

Information

Source: §96-115, Labour Act (651) of 2003

Information

Source: §163 of the Labour Act (651) of 2003; §20 of the Labour regulations, 2007; USDOS CRHRP 2023 (Ghana)

A : National Law

National Labour Legislation

"Art 163 of the labour act, 2003. Prohibition of strike or lockout in respect of essential services An employer carrying on, or a worker engaged in, an essential service shall not resort to a lockout or strike in connection with or in furtherance of an industrial dispute involv- ing the workers in the essential services Art 20 of the Labour regulations, 2007. Essential services The following services are considered to be essential services under the Labour Act, 2003 (Act 651): (a)Water supply services, (b)Electricity generation, transmission and distribution services, (c)Health and hospital services, (d)Sanitary services, (e)Air traffic control, (f)Meteorological services, (g)Fire services, (h)Air transport services, (i)Supply and distribution of fuel, petrol, power and light, (j)Telecommunications services, (k)Public transport services, (l)Ports and harbours security services, and (m)Bank of Ghana "

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law provided for the right to conduct legal strikes but restricted this right for workers who provided “essential services.”The right to strike could also be restricted for workers in private enterprises whose services were deemed essential to the survival of the enterprise by a union and an employer."

Information

Source: §170, Labour Act (651) of 2003

A : National Law

National Labour Legislation

"170. Temporary replacement of labour (1) An employer may not employ a person to perform the work of a worker partici pating in a lawful strike unless the work is necessary to secure essential minimum main- tenance services at the undertaking. 2) A worker has the right to refuse to do a work normally performed by the worker who is participating in a lawful strike except that the worker shall not refuse to perform the work if it is necessary to secure minimum maintenance services. (3) A dispute as to whether a work is necessary to secure minimum maintenance ser- vices shall be referred to the Commission for determination, and the decision of the Commission shall, subject to any other law, be final. (4) For the purposes of this section, "minimum maintenance services" are those services in an undertaking the interruption of which would result in material damage to equipment and machinery and which by agreement between the workers and the em- ployer under a collective agreement should be maintained during strike or lockout."