Ghana Act or statute

Parliament of Ghana

Fair Wages and Salaries Commission Act 2007 (Act 737)

administrationallowancesannual reportsappealsappointmentsauditboard complianceboard compositionboard governanceboard meetingscollective bargainingcommission governancecommittee formationcommittee memberscompensationcomplaints procedurecompliancecontractscorporate capacitydefinitionsdelegationdelegation of functionsemployment disputesestablishment of a public bodyexecutive appointmentfinancial recordsfinancial yeargovernancegrading and re-gradinggrievance procedurehuman resourcesinter-agency collaborationinterpretationjob evaluationministerial directivesnotice documentationorganizational structureproperty acquisitionpublic administrationpublic servantspublic service paypublic service pay policyquorumregulationsregulatory reportingremunerationreportingsalary classificationsalary structuresservice termsstaffingtenurevoting procedure

Jurisdiction: Ghana
Structure: 32 provisions
Citation: Act 2007
Dates: Undated source snapshot

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Purpose and legislative effect

“This section establishes the Fair Wages and Salaries Commission and gives it corporate status.”

This section establishes the Fair Wages and Salaries Commission and gives it corporate status. The Commission’s object is to implement public service pay policy fairly and transparently, advise Government on pay-related matters, help ensure decisions are carried out, and negotiate compensation funded from public money. The Commission must carry out the listed public service pay and job-evaluation functions, but not the determination of emoluments under article 71 of the Constitution. This Act applies to the public service, except where article 71 of the Constitution provides otherwise. The Commission is governed by a Board, and the President appoints the Board members. The Board must carry out the Commission’s functions.

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Establishment of Fair Wages and Salaries Commission

This section establishes the Fair Wages and Salaries Commission and gives it corporate status.

Section 1

Establishment of committees

The Board may establish committees.

Section 9

Technical team

The Board must constitute a technical team to perform the Commission’s functions.

Section 17

Appeal Financial and Miscellaneous provisions

A person dissatisfied with a Committee decision may apply to the Board for review, and a person dissatisfied with a Board decision may apply to the National Labour Commission for review.

Section 24

Repeal THE SEVEN HUNDRED AND THIRTY-SEVENTH ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA ENTITLED THE FAIR WAGES AND SALARIES COMMISSION ACT, 2007 AN ACT to establish the Fair Wages and Salaries Commission and to provide for related purposes. DATE OF ASSENT: 4th June,

Section 32 amends section 4 of the Public Services Commission Act, 1994 by repealing paragraphs (h), (k), and (l).

Section 32

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Showing 32 of 32 provisions

Provision 28OffenceCommencementInterpretation

§ 1Establishment of Fair Wages and Salaries CommissionProvision

This section establishes the Fair Wages and Salaries Commission and gives it corporate status.

Section 1—Establishment of Fair Wages and Salaries Commission (1) There is established by this Act a body to be known as the Fair Wages and Salaries Commission. (2) The Commission is a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name. (3) The Commission may for the performance of its functions acquire and hold movable and immovable property and may enter into a contract or any other transaction. (4) Where there is hindrance to the acquisition of property, the property may be acquired for the Commission under the State Property and Contracts Act, 1960 (C.A.6) or the State Lands Act, 1962 (Act 125) and the costs shall be borne by the Commission.

Section 1Verify source

§ 2Object of the CommissionProvision

The Commission’s object is to implement public service pay policy fairly and transparently, advise Government on pay-related matters, help ensure decisions are carried out, and negotiate compensation funded from public money.

Section 2—Object of the Commission The object of the Commission is (a) to ensure fair, transparent and systematic implementation of the Government public service pay policy, (b) to develop and advise Government on and ensure that decisions are implemented on matters related to (i) salaries, wages, grading, classification, (ii) job analysis and job evaluation, (iii) performance management and indicators, and (iv) allowances and benefits in the public service with the ultimate objective of consolidation of the allowances and benefits; and (c) to undertake negotiations where compensation is financed from public funds.

Section 2Verify source

§ 3Functions of the CommissionProvision

The Commission must carry out the listed public service pay and job-evaluation functions, but not the determination of emoluments under article 71 of the Constitution.

Section 3—Functions of the Commission To achieve its objects, the Commission shall (a) implement public service pay policy, except the determination of emoluments under article 71 of the Constitution, (b) develop and monitor allowances and benefits of public servants and the consolidation of salaries of public servants, (c) undertake job analysis and job evaluations, (d) develop and ensure a consistent review of standard job evaluation methodology, (e) develop and ensure implementation of grading and classification structures, (f) review requests for the re-grading of positions, (g) co-ordinate, manage and monitor collective bargaining processes in which Government is the direct or indirect employer, (h) develop salary structures for the public service, (i) ensure that the balance of internal consistency, external competitiveness and employee performance are fully reflected in the public service pay system, (j) advise on performance management processes and indicators, (k) develop a mechanism within the public service salary system to attract and retain critical skill, (l) undertake research on salaries, benefits and allowances, (m) review and propose changes to salary related components in enactments, and (n) perform other functions related to the objects of the Commission.

Section 3Verify source

§ 4Scope of the ActProvision

This Act applies to the public service, except where article 71 of the Constitution provides otherwise.

Section 4—Scope of the Act This Act applies to the public service, except as provided in article 71 of the Constitution.

Section 4Verify source

§ 5Governing body of the CommissionProvision

The Commission is governed by a Board, and the President appoints the Board members. The Board must carry out the Commission’s functions.

Section 5—Governing body of the Commission. (1) The governing body of the Commission is a Board consisting of (a) the chairperson, (b) the Vice-chairperson, (c) the chief Executive of the Commission who shall be the member secretary, and (d) four other persons at least one of whom is a woman who have expertise in human resource management, wage and salary administration or law. (2) The members of the Board shall be appointed by the President in accordance with article 70 of the Constitution. (3) The Board shall perform the functions of the Commission.

Section 5Verify source

§ 6Tenure of office of membersProvision

Board members serve for up to three years, may be re-appointed, may resign in writing, and the President may revoke an appointment.

Section 6—Tenure of office of members (1) A member of the Board shall hold office for a period not exceeding three years and is eligible for re-appointment. (2) Where a member of the Board, resigns, dies, is removed from office or is for a sufficient reason unable to act as a member, the Minister shall notify the President of the vacancy and the President in consultation with the Council of State shall appoint another person to hold office for the unexpired portion of the member's term of office. (3) A member of the Board may at any time resign from office in writing addressed to the President through the Minister. (4) The President may by letter addressed to a member revoke the appointment of that member.

Section 6Verify source

§ 7Meetings of the BoardProvision

The Board must meet at least monthly, follow quorum and voting rules, and the chairperson normally presides.

Section 7—Meetings of the Board (1) The Board shall meet at least once each month for the despatch of business at the times and in the places determined by the chairperson. (2) The chairperson shall at the request in writing of not less than one-third of the membership of the Board convene an extraordinary meeting of the Board at the place and time determined by the chairperson. (3) The quorum at a meeting of the Board is four members of the Board. (4) The chairperson shall preside at meetings of the Board and in the absence of the chairperson the vice-chairperson shall preside and in the absence of the vice chairperson, a member of the Board elected by the members present shall preside. (5) Matters before the Board shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote. (6) The Board may co-opt a person to attend a Board meeting but that person shall not vote on a matter for decision at the meeting. (7) The proceedings of the Board shall not be invalidated by reason of a vacancy among the members or a defect in the appointment or qualification of a member. (8) Subject to this section, the Board may determine the procedure for its meetings.

Section 7Verify source

§ 8Disclosure of interestProvision

Board members with an interest in a matter must disclose it in writing and cannot take part in the Board’s deliberations on that matter.

Section 8—Disclosure of interest (1) A member of the Board who has an interest in a matter for consideration by the Board shall disclose that interest in writing and is disqualified from participating in the deliberations of the Board in respect of that matter. (2) A member who contravenes subsection (1) ceases to be a member.

Section 8Verify source

§ 9Establishment of committeesProvision

The Board may establish committees.

Section 9—Establishment of committees The Board may establish committees consisting of members of the Board or non-members or both to perform a function.

Section 9Verify source

§ 10AllowancesProvision

Board members and committee members are entitled to allowances approved by the Minister, after consultation with the Minister responsible for Finance.

Section 10—Allowances A member of the Board and a member of a committee of the Board shall be paid the allowances approved by the Minister in consultation with the Minister responsible for Finance.

Section 10Verify source

§ 11Ministerial directivesProvision

The Minister may give policy directives to the Board, and the Board must comply, subject to section 3.

Section 11—Ministerial directives Subject to section 3, the Minister may give directives to the Board on matters of policy and the Board shall comply.

Section 11Verify source

§ 12Collaboration with other bodies Administrative mattersProvision

The Board must collaborate with other relevant bodies when carrying out its functions under this Act.

Section 12—Collaboration with other bodies. The Board shall collaborate with other relevant bodies in the performance of its functions under this Act. Administrative matters

Section 12Verify source

§ 13Secretariat to the CommissionProvision

A Secretariat of the Commission must exist, and it must be headed by a Chief Executive.

Section 13—Secretariat to the Commission There shall be a Secretariat of the Commission to be headed by a Chief Executive.

Section 13Verify source

§ 14Chief ExecutiveProvision

The President must appoint the Chief Executive, and the Chief Executive holds office on the terms set out in the letter of appointment.

Section 14—Chief Executive (1) The President shall, in accordance with article 195 of the constitution, appoint the Chief Executive. (2) The Chief Executive shall hold office on the terms and conditions specified in the letter of appointment.

Section 14Verify source

§ 15Functions of the Chief ExecutiveProvision

The Chief Executive is responsible for day-to-day administration of the Commission’s secretariat, answers to the Board, and may delegate functions to the Deputy Chief Executive or a senior member.

Section 15—Functions of the Chief Executive (1) The Chief Executive is responsible for the day to day administration of the secretariat of the Commission and is answerable to the Board in the performance of functions under this Act. (2) The Chief Executive may delegate a function to the Deputy Chief Executive or any senior member

Section 15Verify source

§ 16Deputy Chief ExecutiveProvision

The President must appoint a Deputy Chief Executive, and that deputy must act for the Chief Executive when the Chief Executive is absent.

Section 16—Deputy Chief Executive (1) The President shall, in accordance with article 195 of the Constitution, appoint a Deputy Chief Executive. (2) In the absence of the Chief Executive, the Deputy Chief Executive shall perform the functions of the Chief Executive.

Section 16Verify source

§ 17Technical teamProvision

The Board must constitute a technical team to perform the Commission’s functions.

Section 17—Technical team The Board shall constitute a technical team to perform the functions of the Commission.

Section 17Verify source

§ 18Appointment of other staff Grievance Review CommitteeProvision

The President must appoint other staff needed for the Commission, and the Commission may use advisers; other public officers may also be transferred, seconded, or otherwise assist it.

Section 18—Appointment of other staff (1) The President shall in accordance with article 195 of the Constitution, appoint other staff of the Commission that are necessary for the proper and effective performance of the functions of the Commission. (2) Other public officers may be transferred or seconded to the Commission or may otherwise give assistance to the Commission. (3) The Commission may engage the services of advisers on the recommendation of the Board. Grievance Review Committee

Section 18Verify source

§ 19Establishment of the Grievance Review CommitteeProvision

This section establishes a Grievance Review Committee.

Section 19—Establishment of the Grievance Review Committee In furtherance of section 9, there is hereby established a Grievance Review Committee.

Section 19Verify source

§ 20Composition of the CommitteeProvision

The Committee must be chaired by a Board member and include at least two other non-Board members with relevant experience.

Section 20—Composition of the Committee The Committee shall be chaired by a member of the Board and consist of at least two other persons who are non-members of the Board with experience in (a) the development of salary systems, and (b) grading, classification and job evaluation.

Section 20Verify source

§ 21Functions of the CommitteeProvision

The Committee must examine grading and re-grading documents, decide related matters, and set guidelines and procedures for complaint analysis before a grievance is submitted.

Section 21—Functions of the Committee The Committee shall (a) examine documentation and recommendations presented to the Committee from the Chief Executive to grade or re-grade position in the public service, (b) determine matters related to grading or re-grading, based on the analysis of the information provided by the secretariat, and (c) determine the guidelines and procedure to be followed by the staff of the Commission in the analysis of a complaint about grading or re-grading before a grievance is submitted to the Committee.

Section 21Verify source

§ 22Tenure of office of members of the CommitteeProvision

Committee members are appointed by the Board, serve for up to three years, may be re-appointed, and may resign by written notice to the Board.

Section 22 —Tenure of office of members of the Committee (1) A member of the Committee shall be appointed by the Board and shall hold office for a period of not more than three years and is eligible for re-appointment (2) A member of the Committee shall hold and vacate office in accordance with the terms of appointment and may resign from office by notice in writing to the Board. (3) If a member of the Committee is by reason of illness, absence or other reasonable cause unable to discharge the duties of office generally or in relation to particular proceedings, the Board may appoint another person to discharge the duties of the member in relation to those proceedings for a period of not more than six months at a time. (4) The person appointed by the Board shall have the same powers during the period of the appointment as the member in whose place the person is appointed.

Section 22Verify source

§ 23Allowance of members of the CommitteeProvision

A Committee member is entitled to remuneration set by the Minister, after consulting the Minister responsible for Finance.

Section 23—Allowance of members of the Committee A member of the Committee shall have the remuneration that the Minister determines in consultation with the Minister responsible for Finance.

Section 23Verify source

§ 24Appeal Financial and Miscellaneous provisionsProvision

A person dissatisfied with a Committee decision may apply to the Board for review, and a person dissatisfied with a Board decision may apply to the National Labour Commission for review.

Section 24—Appeal A person dissatisfied with a decision (a) of the Committee may apply to the Board for a review of the decision, or (b) of the Board may apply to the National Labour Commission for a review of the decision. Financial and miscellaneous provisions

Section 24Verify source

§ 25Funds of the CommissionProvision

The Commission’s funds come from Parliamentary approvals, donations, grants, gifts, and other moneys approved by the Minister responsible for Finance.

Section 25—Funds of the Commission The funds of the Commission include (a) moneys approved by Parliament, (b) donations, grants and gifts, and (c) any other moneys approved by the Minister responsible for Finance.

Section 25Verify source

§ 26Accounts and auditProvision

The Board must keep proper accounting records, submit the Commission’s accounts for audit within three months after the financial year ends, and the Auditor-General must audit them and send a copy of the audit report to the Minister.

Section 26—Accounts and audit (1) The Board shall keep books of account and proper records in relation to them in the form approved by the Auditor-General. (2) The Board shall submit the accounts of the Commission to the Auditor General for audit within three months after the end of the financial year. (3) The Auditor-General shall, not later than three months after the receipt of the account, audit the accounts and forward a copy of the audit report to the Minister. (4) The financial year of the Commission shall be the same as the financial year of the Government.

Section 26Verify source

§ 27Annual report and other reportsProvision

The Board must send an annual report to the Minister within one month after the audit report is received, and the Minister must then send that report to Parliament within one month, with any statement the Minister considers necessary.

Section 27—Annual report and other reports (1) The Board shall within one month after the receipt of the audit report, submit an annual report to the Minister covering the activities and the operations of the Commission for the year to which the report relates. (2) The annual report shall include the report of the Auditor-General. (3) The Minister shall, within one month after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary. (4) The Board shall also submit to the Minister any other reports which the Minister may require in writing.

Section 27Verify source

§ 28Power to obtain informationOffence

The technical team may require any person to provide information about the Act by written notice, and the person must respond within 21 days.

Section 28—Power to obtain information (1) The technical team may require any person to provide information related to this Act by notice in writing. (2) The information shall be provided within twenty-one days after service of the notice (3) A person who fails to provide the information requested commits an offence and is liable on summary conviction to a fine not exceeding five hundred penalty units or to a term of imprisonment not exceeding two years or to both and in the case of a continuing offence to a further fine of ten penalty units for each day during which the offence continues after written notice has been served on the offender by the Commission. (4) Where the offence is committed by a company or body of persons, the penalty shall be a fine of not more than one thousand penalty units, and (a) in the case of a body corporate, other than a partnership, each director or officer of the body is considered to have committed the offence, and (b) in the case of a partnership, each partner or officer of that body is considered to have committed that offence. (5) A person is not considered to have committed the offence under subsection (3), if the person proves that the offence was committed without the person's knowledge or connivance and that the person exercised due care and diligence to prevent the commission of the offence having regard to all the circumstances.

Section 28Verify source

§ 29Existing arrangementsCommencement

A public agency handling salary classification or negotiation for public servants before the Act must stop being responsible for that work 12 months after commencement.

Section 29—Existing arrangements (1) A public agency concerned with (a) the classification of salaries, and (b) negotiation of terms and conditions of service for public servants before the commencement of this Act, shall cease to be responsible for the classification or negotiation twelve months after the commencement of this Act. (2) To be concerned with classification or negotiation means placement on pay scales, adjustments to salaries and any other aspect connected to these.

Section 29Verify source

§ 30RegulationsProvision

The Minister may make Regulations, after advice from the Board and by legislative instrument, about required notices/documents, grievance procedure, and other measures for implementing the Act.

Section 30—Regulations (1) The Minister may, on the advice of the Board, by legislative instrument, make Regulations (a) on the form of notice or other documentation required under this Act; (b) on grievance procedure; and (c) generally for the effective implementation of this Act.

Section 30Verify source

§ 31InterpretationInterpretation

This section defines several terms used in the Act, including Commission, Committee, Government, Minister, public agency, public service, salary, and wage.

Section 31—Interpretation In this Act, unless the context otherwise requires "Commission" means the Commission established under section 1; "Committee" means Grievance Review Committee; "Classification" means grouping jobs with the same content and value in the same class; "critical skill" means performance in a job where personnel is in short supply; "enactment" means legislation made in accordance with the Constitution; "Government" means any authority by which the executive authority of the country is exercised; "Labour Commission" means the Commission established under the Labour Act, 2003 (Act 651); "Minister" means Minister responsible for Employment; "public agency" means a body set-up by the Government in the public interest with or without an Act of Parliament; "public interest" includes a right or advantage which ensures to or is intended to ensure the general benefit of the people of this country; "public service" includes service in any civil office of Government, the emoluments attached to which are paid directly from public funds and service with a public corporation; "public funds" means the Consolidated Fund, the Contingency Fund and other funds that may be established by or under an Act of Parliament; "salary" includes allowances, and retiring benefits; "wage" means money payable by an employer to an employee at intervals of less than a month in respect of service rendered;

Section 31Verify source

§ 32Repeal THE SEVEN HUNDRED AND THIRTY-SEVENTH ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA ENTITLED THE FAIR WAGES AND SALARIES COMMISSION ACT, 2007 AN ACT to establish the Fair Wages and Salaries Commission and to provide for related purposes. DATE OF ASSENT: 4th June,Repeal

Section 32 amends section 4 of the Public Services Commission Act, 1994 by repealing paragraphs (h), (k), and (l).

Section 32—Repeal The Public Services Commission Act, 1994 (Act 482) is amended in section 4 by the repeal of paragraphs (h), (k) and (l). Date of Gazette Notification: 8th June, 2007.

Section 32Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Act This Act
Section 4
Commission and is answerable to the Board in the performance of functions under this Act
Section 15
Fair Wages and Salaries Commission (1) There is established by this Act
Section 1

N–S

1 instrument

Public Services Commission Act, 1994
Section 32

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