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Fair Wages and Salaries Commission
Act 737 Act, 2007
ARRANGEMENT OF SECTIONS
Section
Fair Wages and Salaries Commission
1.
Establishment of Fair Wages and
Salaries Commission
2.
Object of the Commission
3.
Functions of the Commission
4.
Scope of the Act
5.
Governing body of the Commission
6.
Tenure of office of members
7.
Meetings of the Board
8.
Disclosure of interest
9.
Establishment of committees
10. Allowances
.11. Ministerial directives
12. Collaboration with other
bodies
Administrative matters
13.
Secretariat to the Commission
14.
Chief Executive
15.
Functions of the Chief Executive-
16.
Deputy Chief Executive
17.
Technical team
18. Appointment of other staff
Grievance Review Committee
19.
Establishment of the Grievance
Review Committee
20.
Composition of the Committee
21.
Functions of the Committee
22.
Tenure of office of members of the
Committee
23.
Allowance of members of the
Committee
24.
Appeal
Financial and Miscellaneous
provisions "
25.
Funds of the Commission
26.
Accounts and audit
27.
Annual report and other reports
28.
Power to obtain information
29.
Existing managements
30.
Regulations
31.
Interpretation
32.
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, 2007.
ENACTED by the President and
Parliament:
Fair Wages and Salaries Commission
Establishment
of Fair Wages and Salaries
Commission
1. (1) There is established by
this Act a body to be know 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 an(: 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.
Object of the Commission
2.
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 finance d from
public funds.
Functions of the Commission
3.
To achieve its o1?jects, 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,
OJ
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.
Scope of the Act
4. This Act applies to the public
service, except as provided in
article 71 of the Constitution.
Governing body of the Commission.
5. (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.
I
(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.
Tenure of office of members
6. :(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.
Meetings of the Board
7. (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.
Disclosure of interest
8. (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.
Establishment of committees
9. The Board may establish
committees consisting of members
of the Board or non-members or
both to perform a function.
Allowances
10. 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.
Ministerial directives
11 Subject to section 3, the
Minister may give directives to
the Board on matters of policy and
the Board shall comply.
Collaboration with other bodies
12. The Board shall col1aborate
with other relevant bodies in the
performance of its functions under
this Act.
Administrative matters
Secretariat to the Commission
13. There shall be a Secretariat
of the Commission to be headed by
a Chief Executive.
Chief Executive
14. (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.
Functions
of the Chief Executive
15. (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 ..
Deputy Chief
Executive
16. (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.
Technical
team
17. The
Board shall constitute a technical
team to perform the functions of
the Commission.
Appointment
of other staff
18. (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
Establishment of the Grievance
Review Committee
19. In
furtherance of section 9, there is
hereby established a Grievance
Review Committee.
Composition
of the Committee
20. 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.
Functions of
the Committee
21. The
Committee shall
(a)
examine documentation and
recommendations presented to the
Committee from the Chief Executive
to grade or re-grade positions 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.
Tenure of office of members of the
Committee
22. (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.
Allowance
of members of the Committee
23.
A
member of the Committee shall have
the remuneration that the Minister
determines in consultation with
the Minister responsible for
Finance.
Appeall
24. 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
Funds
of the Commission
25. 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.
Accounts and audit
26.
(I) 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.
Annual report and other reports
27. (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.
Power to obtain information
28.
(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 [me often
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.
Existing arrangements
29. (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 0 f 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,
Regulations
30. (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.
Interpretation
31. 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 enures to
or is _ intended to enure 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
"
wages " means money payment by an
employer to an employee at
intervals of less than a month in
respect of service rendered
Repeal
32.
The Public Service Commission Act
1994 (Act 842) is amended in
section 4 by the repeal of
paragraphs (h), (k) and (l)
Date of Gazette
notification: 8th June, 2°97.
GPC/ASSEMBLY PRESS, ACCRA.
GPC/A228/300/5/2007 |
