Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Barbados (Ratification: 1967)

Other comments on C094

Direct Request

2017
2008

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Article 2 of the Convention. Contractual provisions. Application of the Convention in practice. The Committee notes the Government’s indication that the legislation that gives effect to the Convention continues to be the Labour Clauses (Public Contracts) Act (Cap. 349). In addition, a certificate, obtained from the Labour Department, is required to be completed for the tender of all public contracts. The certificate, which must be submitted together with the tender document, requires the contractor to certify that the wages, hours of work and conditions of labour of all workers it employs in the trade or industry in which the contractor is offering its work, are fair and reasonable, having regard to the Schedule to the Labour Clauses (Public Contracts) Act. The contractor is required to provide information in the certificate regarding the class of workmen it intends to employ, the rates of wages and the hours of work. The Committee requests the Government to communicate updated information, including the number of public contracts awarded each year and the approximate number of workers employed in their execution.

Articles 4(b)(ii) and 5. Labour inspection systems. Sanctions. The Government indicates that the Safety and Health Act provides for good safety conditions at the workplace, and that Safety and Health officials from the Labour Department carry out the necessary inspections to ensure that fair and reasonable conditions are in place for workers. The Committee notes that paragraph 11 of the Schedule to the Labour Clauses (Public Contracts) Act (Cap. 349) provides that “any contractor or subcontractor who fails to comply with any of these rules shall cease to be approved as a contractor or subcontractor for such period as the Chief Labour Officer may determine”. The Committee requests the Government to provide information, including statistical information on the activities of the inspection authorities with regard to work carried out under public contracts. Furthermore, it requests the Government to provide information on measures taken, including sanctions imposed, to ensure the effective implementation of the Convention.